Law Firm News

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Law Firm News

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Davis Polk & Wardwell

Davis Polk & Wardwell Advises Digicel on Its Acquisition of U Mobile
Davis Polk & Wardwell is advising Digicel on its acquisition of U Mobile, through its parent company, from Trans-World Telecom Caribbean Ltd. U Mobile is a mobile telecommunications operator in Guyana. Digicel is the leading mobile telecommunications operator in the Pan-Caribbean region with 2,500 employees in the 22 regions in which it operates.

The financial terms of the transaction were not disclosed.

The Davis Polk corporate team includes partners John J. McCarthy Jr. and Joseph P. Hadley of the New York office, and partner Arnaud Pérès and associate Loïc Henriot of the Paris office. The tax team includes partner Kathleen L. Ferrell and Mitchell A. Kent, both of the New York office.

11-14-2006

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Miller, Canfield, Paddock & Stone, P.L.C.

New Discovery Rules Apply to Electronic Information on December 1, 2006
Collectively, U.S. organizations manage terabytes of e-data, spend nearly $5 billion annually to analyze emails, and pop for an additional $1.9 billion for outside e-discovery services. Despite all that, companies are regularly sanctioned for inadequate preservation of electronic information and failure to produce e-discovery material in court, report corporate discovery management attorneys at Miller Canfield.

New amendments to the Federal Rules of Civil Procedure attempt to provide clarity and direction to those involved in e-discovery by focusing on four specific goals. The amendments take effect December 1, 2006—so it’s not too soon to get ready.

1. E-discovery issues must be identified and addressed early in a case
Under the amendments, parties must confer 60 to 90 days after a complaint is served in order to draft a proposed discovery plan. During this time, they are required to discuss any issues related to the preservation of discoverable information, and determine in what form the discovery material will be produced. Further, e-discovery issues must be addressed as part of a party’s initial disclosure obligation. A party must provide information on the types and location of e-data for use in supporting claims or defenses. As a result, expect e-discovery to be discussed during a court’s initial scheduling conference.

2. Discovery is limited on e-data that’s not readily accessible
The amendments place limits on the scope of discovery when a party is able to establish that producing e-data would place an undue burden or cost on a party. However, the duty to preserve that e-data is still applicable.

3. Safe harbor is provided for routine deletion of e-data
An amendment to Rule 37 discourages the court from imposing sanctions on a party for failing to provide electronic information lost as a result of routine, good-faith management of their e-data system.

4. Post-production privilege claims are allowed
To help control costs and risks related to privilege waiver, the amendments provide a procedure for a party to assert a claim of privilege after producing discovery data. Parties are encouraged to discuss early in a case whether and to what extent they should agree to post-production privilege claims—sometimes called “quick peek arrangements” or “clawback agreements.”

“Since e-discovery issues will now be on the fast track, organizations that don’t have an updated and accurate inventory of their data, procedures in place for the preservation of that data, and a good discovery-management and litigation-readiness plan could be asking for trouble,” said Jay Yelton, one of the leaders of Miller Canfield’s corporate discovery management team. “Those who are proactive and take the time and effort to establish an effective e-data management program will be in a far better position to seek discovery limitations in court.

11-14-2006

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Clark, Thomas & Winters,, P.C.

Lucio to be sworn in to House of Representatives
Clark, Thomas & Winters attorney Eddie Lucio III will be sworn in to the Texas House of Representatives as State Representative for District 38 on January 9, 2007.

Lucio practices as an associate attorney in the firm’s land use and municipal government affairs practice. From Clark Thomas’s office in the lower Rio Grande Valley, Lucio serves as a liaison between clients in that region and the firm’s more than 115 attorneys in Central Texas.

A graduate of The University of Texas (J.D., 2005, and B.B.A., 2001), Lucio joined Clark Thomas during the summer of 2006 when he and four of his fellow attorneys brought their 30 year old land use and municipal government affairs practice and banking practice over from Minter, Joseph & Thornhill, P.C.

Lucio is another in a long line of attorneys who have followed in the firm's tradition of political engagement, including the late Edward Clark, a firm founder, who served during the Johnson administration as Ambassador to Australia from 1965 to 1968, U.S. Commissioner to Hemisfair in 1968, and Executive Director of the Inter-American Bank the same year. Additionally, senior shareholder, J. Sam Winters, served as a member of the Board of Governors of the United States Postal Service 1991 to 2000 (Presidential appointment, confirmed by U.S. Senate) and as Chair of the Board of Governors of the United States Postal Service, 1996 to 1997 and 1998.

11-14-2006

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Edwards & Angell, L.L.P.

Insurance Law Practice, Second Edition
Christopher Healy, Esq. was co-Editor-in-Chief of Insurance Law Practice, Second Edition, published recently by the New York State Bar Association. This two-volume edition provides an updated and expanded in-depth examination of all areas of insurance law practice, written by leading practitioners in the field. The second edition includes five new chapters, which cover disability insurance, workers' compensation insurance, professional liability coverage, insurance regulation and agent and broker liability.

Christopher also co-authored Chapter 6 entitled The "Damages" Limitation: Environmental Coverage, and Chapter 16, Choice of Law and Choice of Forum: Threshold Considerations in the Insurance Context. In addition, Nick Pearson, John Emmanuel, Brian Farnen, Michael Griffin and Ed Sayago co-authored Chapter 38, Insurance Regulation and Sam Mayer and Jeff House authored Chapter 40, Agents and Brokers: Important Distinctions.

Please visit the New York State Bar Association website to read more about this book as well as purchasing information.

11-14-2006

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Fennemore Craig, P.C.

Fennemore Craig announces expansion of Intellectual Property practice with addition of Denver office
Fennemore Craig is expanding its Intellectual Property practice with the opening of an office in Denver, Colo. Attorneys Bruce Dahl and Sue Chetlin, formerly of Dahl & Chetlin, LLC, are both practitioners in the area of Intellectual Property and have joined Fennemore Craig as directors in the Denver office.

“We extend a warm welcome to Bruce Dahl and Sue Chetlin to the firm as we build our Intellectual Property practice and join the Denver community,” said Tim Berg, Fennemore Craig managing partner. “We look forward to building this office, recognizing that Denver is a key economic hub in the West and many of our clients already have operations in Colorado.”

“Sue and I decided to join Fennemore Craig in light of its commitment to both the West and the technology, manufacturing, and natural resources-based businesses we serve,” said Dahl, who will serve as the managing partner for the Denver office. Dahl and Chetlin are longtime Denver attorneys with extensive experience in intellectual property and business law. They provide counsel in the areas of patent, trademark, licensing, copyright, and patent litigation, and serve clients in the technology, optics, chemical, nuclear, mining, and engineering sectors.

Dahl is an experienced patent, trademark and technology attorney. He founded the firm Dahl Osterloth in Denver in 1999 and previously was a patent attorney with the Colorado firms of Klass, Law, O’Meara & Malkin, P.C. and Chrisman, Bynum & Johnson, P.C.. He also has engineering experience in the areas of aerodynamics, aero-heating, and computer modeling of ballistic re-entry vehicles. Dahl graduated from the University of Denver Law School in 1988 and holds a bachelor’s degree in aerospace engineering from the University of Colorado in Boulder.

Chetlin has extensive experience intellectual property matters, as well as natural resources and mining matters. She previously worked in the law departments of Cyprus Amax Minerals Company and Mapco Coal, Inc.. She also did mine safety and mining litigation for Crowell & Moring, a Washington, D.C. law firm and clerked for the Chief Justice of the Delaware Supreme Court. Chetlin is a 1984 graduate of the University of Virginia School of Law. She earned her bachelor’s degree in 1979 from Princeton University and has technical experience in chemistry.

11-14-2006

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Baker & McKenzie, L.L.P.

Baker & McKenzie Advises Transurban on Groundbreaking Restructure
Baker & McKenzie has advised Transurban, a A$6 billion dollar toll road infrastructure company, on its groundbreaking restructure. Transurban’s triple stapled security comprises shares in Transurban Limited, Transurban Holdings Limited and units in Transurban Holding Trust. When the restructure is implemented, Transurban Limited will be removed from the triple stapled structure and replaced with a new Bermudan company, Transurban International Limited.

This innovative restructure involved gaining shareholder approval in October this year to an equal capital reduction under the Corporations Act rather than the more costly and time-consuming scheme of arrangement process. A key factor in making these time and cost savings was the novel relief obtained from ASIC in connection with the restructure.

Baker & McKenzie's lead partner Hamish Walton and partner Craig Andrade, who are both based in Melbourne, worked closely with colleagues in the firm's London, Singapore and Hong Kong offices to provide cross-border securities advice to Transurban in relation to the restructure. The financial side of the restructuring, led by Melbourne Special Counsel Bruce Taylor, which is ongoing, involves managing and obtaining consent from more than 200 financers.

Mr Walton commented, “This major restructuring of Transurban's triple stapled security provides the group with a more efficient structure to implement its international expansion.” He added, “It was a large, complex, multi-jurisdictional project that, subject to implementation, was completed in a rapid time frame.”

The restructure is expected to be implemented later in the year or early next year.

Transurban is the largest investor in toll roads in Australia, holding three of the most important concessions in the country. Transurban is listed on the Australian Stock Exchange, where it is ranked within the Top 50 companies. In September 2006, Transurban was added to the Dow Jones Sustainability Index (DJSI) of high performing companies.

11-14-2006

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Torys LLP

Three of Torys' lawyers are top 40 lawyers under 40, says Lexpert
Scott Bomhof (insolvency and restructuring), Matthew Cockburn (corporate) and Dennis Mahony (environmental) are recognized by Lexpert as among Canada's top 40 lawyers under 40.

11-14-2006

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