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SAUL EWING LLP WELCOMES NEW ASSOCIATE TO PRINCETON OFFICE
Bruce Gorman, Jr. has joined Saul Ewing LLP as an Associate in the Litigation Department where he concentrates his practice in general commercial litigation, contract law, securities, white collar criminal defense, labor and employment, insurance and business torts.

Prior to joining Saul Ewing, LLP, Mr. Gorman was an associate at a large New York City law firm for one year before relocating to the firm?s Boca Raton, Florida office in 2004. He focused his practice on general commercial litigation matters. He also assisted with helping a domestic violence victim file a Violence Against Women?s Act self-petition to obtain a green card.

Mr. Gorman received his B.A., magna cum laude, from Colgate University and earned his J.D. from Cornell University Law School. He is admitted to practice before the U.S. District Court for the Middle and Southern Districts of Florida.

12-18-2006

Firm Hosts Lend-a-Hand Event, Announces Founders' Award Winner
Much Shelist hosted the 2006 Abraham Lincoln Marovitz Lend-A-Hand Program Grants Reception. During the event, approximately 20 Chicago-area tutor/mentor agencies received grants, including the winner of the Much Shelist Founders' Award. Named in honor of the firm's five founders, Much Shelist created the $7,000 annual award in 2005 to recognize an up-and-coming tutor/mentor program that has been in existence for less than five years.

For the second year in a row, the winning agency was Inspired Youth, a two-year-old tutoring program that provides assistance with reading, writing, arithmetic and homework for low-income children in the Uptown/Edgewater community. Other finalists for the award included Hermosa Community Organization, located in the Pilsen neighborhood, and Sunlight African Community Center, which serves the Uptown, Edgewater and Rogers Park neighborhoods.

12-18-2006

Lieff Cabraser Heimann & Bernstein, LLP, Announces That United States District Court Has Established Schedule For Pre-Trial Proceedings In Gol Airlines Disaster Lawsuit
The American law firm Lieff Cabraser Heimann & Bernstein, LLP, announced that United States District Court Judge Brian M. Cogan today conducted an initial conference in the Gol Airlines disaster litigation.
Appearing on behalf of families of over twenty victims were Lieff Cabraser attorneys Robert L. Lieff, Steven E. Fineman, Lexi J. Hazam and Nicholas Diamand. Counsel for defendants ExcelAire Service, Inc. ("ExcelAire") and Honeywell International Inc. ("Honeywell") were also present.

At the hearing, Judge Cogan set a prompt schedule for resolution of the important issue of forum non conveniens, as requested by plaintiffs. The Court required defendants to file their forum non conveniens motion by January 22, 2007, and permitted plaintiffs to proceed immediately with discovery on the issue. Defendants had requested that no discovery occur until the forum non conveniens motion was resolved.
"We are grateful the Court permitted the families of the Gol Airlines tragedy to proceed with their lawsuit without delay," stated Lieff Cabraser attorney Lexi J. Hazam. "We have assembled a top notch, global team of attorneys and aviation experts to prosecute the case, and will vigorously contest any efforts by ExcelAire and Honeywell to dismiss the action."
Brazilian attorney Leonardo Amarante, whose law firm is working in partnership with Lieff Cabraser, commented, "Proceeding with the lawsuit in an American court ensures that the families will have their voices heard in the United States as to why ExcelAire and Honeywell bear responsibility for the tragedy and must be held accountable."
While Plaintiffs' choice of where to file suit is generally accepted by United States courts, a forum non conveniens motion filed by the defendants gives the Court the discretion to dismiss the claims of non-United States plaintiffs if the defendants are able to demonstrate that litigation of plaintiffs’ claims in the U.S. would result in excessive oppression to the defendants and outweigh plaintiffs’ convenience. If the motion is decided in plaintiffs’ favor, the case will proceed in United States District Court.
"Discovery" involves the exchange of information between parties. As part of plaintiffs’ discovery, plaintiffs seek to obtain documents and other information from the defendants to strengthen the case against the defendants on subjects on which the Court has allowed discovery.
One hundred and forty eight passengers and six crew members died on September 29, 2006, when Gol Airlines Flight 1907 plunged nose-first into the Amazon rainforest after colliding with an Embraer Legacy aircraft operated by ExcelAire.
The complaint charges that the pilots of the ExcelAire jet were flying at an incorrect altitude at the time of the collision, failed to operate the jet’s transponder and radio equipment properly, and failed to maintain communication with Brazilian air traffic control in violation of international civil aviation standards. If the pilots of the ExcelAire aircraft had followed these standards, the collision would not have occurred.
At the time of the collision, the ExcelAire aircraft’s transponder manufactured by Honeywell was not functioning. A transponder transmits a plane’s altitude and operates its automatic anti-collision system. Honeywell shares responsibility for the tragedy, the complaint alleges, because it defectively designed the transponder on the ExcelAire jet, and failed to warn of dangers resulting from foreseeable uses of the transponder.
The lawsuit seeks compensatory and punitive damages against ExcelAire and Honeywell for their negligence.

12-18-2006

Rare Fifth Circuit victory on evidentiary points
Hughes & Luce prevailed before the U.S. Court of Appeals for the Fifth Circuit for client Brazos River Authority on Nov. 6, successfully arguing that the trial court erred by preventing the jury from considering key evidence. The court denied motions to rehear the case Dec. 5, sending the case back to the U.S. District Court.

“This is among the most important cases concerning the Federal Rules of Evidence to come out of the Fifth Circuit in at least a decade,” said Hughes & Luce partner Danny Ashby, who led the appellate team and argued the case.

BRA had sued GE Ionics, Inc. (a subsidiary of General Electric) and Cajun Constructors, Inc. for breach of contract, breach of implied warranties and fraud related to a retrofit of components of BRA’s water treatment facility at Lake Granbury in Hood County, Texas. At trial, BRA asserted that the retrofitted equipment did not perform as represented, degraded over time (resulting in declining water quality) and ultimately led to a series of debilitating fires that forced BRA to shut down a portion of its treatment facility.

Rejecting the arguments of GE Ionics and Cajun Constructors, the Fifth Circuit agreed that the jury should have been allowed to consider evidence of other fires and GE Ionics’ internal analyses of its system components. The Fifth Circuit held that such evidence was relevant to the jury’s determination of whether the components were defective and what caused the retrofitted system to fail and catch on fire.

The Fifth Circuit’s opinion also clarified the status of designated corporate representatives who testify at trial. Under the Federal Rules of Evidence, a company often must designate an individual to serve as its spokesperson during a pre-trial deposition, and that spokesperson is treated as having the corporation’s collective knowledge. The Fifth Circuit ruled that when such a spokesperson subsequently testifies at trial they are still treated as having the corporation’s collective knowledge, rather than mere personal knowledge.

“The Fifth Circuit’s conclusion that a person designated as a corporation’s representative for deposition retains that status as a witness at trial is a new and important point of law,” said Mark Sales, the partner who led the Hughes & Luce trial team.

Other members of the Hughes & Luce team were former Texas Supreme Court Justice James Baker, Bart Sloan, Cliff Hutchinson, Paul Koning, Chris Kratovil and Kara Altenbaumer-Price.

12-18-2006

Kevin Smith Named Chief Financial Officer at Foley Hoag
Foley Hoag LLP announced the arrival of Kevin Smith as the firm's first Chief Financial Officer. As the firm's CFO, Mr. Smith will have oversight of the firm's finance, accounting and treasury operations.

Mr. Smith began his career at HP Hood Inc. in their Management Training Program and then later joined Nixdorf Computer Corporation as a Manager of Financial Planning and Reporting before his subsequent promotion to Treasurer. Mr. Smith entered the legal industry as Ropes & Gray's Director of Finance in 1986 and subsequently was promoted to CFO. In his 20-year career at Ropes & Gray, he worked closely with the firm's executive committee during a period of significant internal and external growth which included mergers with other firms, the establishment of new practices and offices, substantial changes in technology and expanded practice support requirements.

"The expanding c-level team at Foley Hoag will allow our lawyers to remain focused on delivering top-quality legal services to clients, leaving the business operations in capable hands," said Tom Block, Chief Operating Officer. "We welcome Kevin on board and are thrilled to benefit from his years of experience in an AmLaw 100 firm."
Mr. Smith holds a Bachelor of Science in Finance from Northeastern University, an MBA from Babson College, and a Master of Science with a Finance concentration from Bentley College.

12-18-2006

Richard Cullen Elected New Chairman of McGuireWoods
McGuireWoods LLP’s Board of Partners has elected Richard Cullen to succeed Robert L. Burrus, Jr., as chairman. Burrus will become chairman emeritus and will continue to practice law.

“I am confident in Richard’s significant leadership skills and his vision to lead McGuireWoods to the next level of the firm’s continued growth. He embodies the firm’s long tradition of providing exceptional client focus, and has a national reputation for his legal abilities,” said Burrus. Cullen regularly represents corporations in complex civil commercial litigation and advises corporations and key executives facing investigation by prosecutors or other governmental investigative agencies. Cullen heads McGuireWoods’ White Collar and Government Investigations Team and has been a member of the firm's Executive Committee since the beginning of 2006. Cullen joined McGuireWoods in 1977 as an associate after graduating from the University of Richmond’s School of Law. He has remained at McGuireWoods, with the exception of two tours of public duty. In 1991, he was appointed U.S. Attorney for the Eastern District of Virginia by President George H.W. Bush, a position he held until April 1993. In 1997, Governor George Allen appointed Cullen Attorney General of Virginia, where he served from June 12, 1997, until January 15, 1998. “Under Bob Burrus’ leadership, McGuireWoods grew from being a preeminent Virginia law firm to becoming a national law firm. I am honored the firm selected me to follow in his foot steps,” Cullen said. “I am excited about the opportunities to continue to serve our clients well in the coming decades and the opportunities for continued growth.”

Burrus was elected chairman of McGuire, Woods, Battle & Boothe in 1990. The law firm changed its name to McGuireWoods LLP in 2000. Under Burrus’ leadership, the firm grew from 313 lawyers in five offices in Virginia and one in Washington, DC to 750 lawyers in 13 offices in cities across the United States, including New York, Chicago and Los Angeles, and two offices overseas. It now is ranked the 45th largest law firm in the United State, according to the National Law Journal.

In his practice, Burrus is primarily engaged in corporate and fiduciary counseling, mergers and acquisitions, and shareholder disputes. He currently serves on four corporate boards of directors, including Smithfield Foods and Amvest, and previously served on the board of CSX Corporation.

12-18-2006

McGuireWoods Pittsburgh Office “Adopts” Entire U.S. Troop Sends Boxes of Goodies to Their Post in Iraq
One of the recipients of the generosity of the legal and administrative staff at the McGuireWoods LLP Pittsburgh office this holiday season is a family whose father is currently serving in Iraq. In the true spirit of the holidays, the staff also “adopted” the father’s entire military unit, Troop 171.

In recent weeks, the McGuireWoods employees collected money and gifts to distribute to the mother and three daughters in Pittsburgh and the father in Iraq. In addition, they assembled “care packages” for his entire troop of 14 members, who have been deployed in Iraq since August. In the end, eight boxes of items, from toiletries to comfort shoe insoles, to candy, magazines and hand-held games were shipped off to Troop 171. One of the firm’s lawyers even threw in a box of cigars.

“I am so proud of our staff for their generosity and commitment in remembering members of our armed forces abroad and their families here at home,” says David Pusateri, managing partner for McGuireWoods’ Pittsburgh office. “This year, they were especially generous in bringing holiday cheer to not only one family, but also to an entire military unit.”

For days, the Pittsburgh “team” collected, sorted and packaged the gifts. The donated money was spent on shipping charges – close to $160.00. The team learned some new skills in the process, including the intricacies of customs forms.

12-18-2006

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