Law Firm News

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Law Firm News

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Jaeckle, Fleischmann & Mugel, LLP

Randall M. Odza To Serve As Commentator For Cornell University's Industrial Labor Relations Program
Jaeckle Fleischmann & Mugel, LLP, a law firm with offices in Buffalo, Amherst and Rochester, New York, and Phoenix, Arizona, announces that Randall M. Odza will serve as a commentator at a special program discussing the National Labor Relations Board’s recent ruling in Oakwood Healthcare, Inc. and companion cases, Golden Crest and Croft Metal, clarifying who is a supervisor within the meaning of the National Labor Relations Act. The program will be hosted by the Cornell University Industrial and Labor Relations School and is scheduled to take place Monday, November 13, 2006, from 8:45 a.m. to 11:00 a.m. at the Cornell University ILR Conference Center, 237 Main Street, Buffalo, NY.

Mr. Odza is a partner in the Firm's Labor & Employment practice group. For over 35 years, his practice has included the representation of clients before administrative agencies such as the National Labor Relations Board, the Public Employment Relations Board, the United States Equal Employment Opportunity Commission, the United States Department of Labor and various state and local govern­ment administrative departments and agencies. Mr. Odza advises public and private clients with respect to collective bargaining and contract administration including issues involving various federal and state anti-discrimination laws, and federal and state labor and employment laws and regulations, such as the Taylor Law, the National Labor Relations Act and the Fair Labor Standards Act. He is a Fellow of the College of Labor and Employment Lawyers and is listed in the Best Lawyers in America and Who's Who in American Law. Mr. Odza practices from the Firm's Buffalo office.

11-06-2006

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Jaeckle, Fleischmann & Mugel, LLP

Daniel P. Joyce And Amy P. Herstek To Present An Update On Immigration Law
Jaeckle Fleischmann & Mugel, LLP, a law firm with offices in Buffalo, Amherst and Rochester, New York, and Phoenix, Arizona, announces that the Daniel P. Joyce and Amy P. Herstek will present an update on immigration law on Tuesday, November 14, 2006, from 8:15 a.m. to 10:00 a.m. The seminar is complimentary and will be presented at the Firm’s Buffalo office, 12 Fountain Plaza, Buffalo, NY. Topics covered will include: alternatives to the H-1B visa category, business visitors to the U.S. and PERM labor certification overview.

Mr. Joyce is a partner in the Firm's Immigration, International Business, Business & Corporate and Intellectual Property practice groups. He concentrates his practice on all aspects of U.S. immigration and cross-border matters, including business visas, family visas, green cards, naturalization and waivers. Mr. Joyce also handles legal aspects with respect to business transactions for U.S. and Canadian transportation companies, including U.S. operating authority and other regulatory matters, business start-ups, and state and federal taxation. Mr. Joyce practices from the Firm's Buffalo office.

Ms. Herstek is an attorney in the Firm's Immigration and Business & Corporate practice groups. She concentrates her practice on immigration and cross-border matters, business and corporate, corporate governance and securities law. Ms. Herstek practices from the Firm's Buffalo office.

11-06-2006

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Davies, Ward, Phillips & Vineberg, LLP

Davies Receives Award for Client Service Technology
On October 12, 2006, Davies Ward Phillips & Vineberg was presented with the award for "Best Client-Facing IT Project by a Law Firm" during the 2006 Legal IT Forum held at the Gleneagles Hotel in Scotland.

The award was presented in recognition of Davies' dealroom, an online service designed to facilitate legal transactions and offer a flexible and intuitive online environment for the entire life cycle of a transaction, including:

managing the due diligence process
managing transaction document production and negotiation
managing working group communication
implementing a closing of the transaction
producing record books of the transaction

Davies worked with developers Version 5.1 Inc. in designing dealroom, which is now being utilized for everything from negotiation of a single contract to public offerings and complex multi-jurisdiction auction sales.

As one of our initial online transactions, dealroom was used successfully for a client with operations in eighteen countries, each country with its own legal representation and operating information. The due diligence features of dealroom were used to organize over 9,000 documents and make them available to bidders. dealroom provided the client with immediate and pinpoint control over information disclosed in the bidding process and resulted in better deal management, improved visibility and enhanced service from counsel.

Clients who have used dealroom have experienced the advantage of efficiency gains, reduced costs and enhanced control over process. Our clients have commented on how the application is intuitive, simple to operate and provides more relevant functionality than many commercial services. Lawyers report that using dealnroom locates all deal documents in one place and results in greater organization, making their lives significantly easier.

11-06-2006

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Chadbourne & Parke LLP

Chadbourne & Parke Plays Significant Role in Major Canadian M&A Transactions in 2006
Chadbourne & Parke LLP's Canada practice has experienced significant growth in 2006. The Firm has been involved in a number of major cross-border M&A, private equity and corporate finance transactions reflecting Chadbourne's ability to provide counsel to Canadian companies and private funds as well as non-Canadian companies and funds on matters involving Canada.

"The growth in the Canada practice fits well with Chadbourne's strengths in energy, natural resources, technology and intellectual property and complements our strong cross-border M&A, private equity and finance practices," said J. Allen Miller, head of Chadbourne's corporate practice. "We have implemented a regional cross-disciplinary approach that has worked well for us in building our presence in other parts of the world. Many of Chadbourne’s international offices also have active matters involving Canadian companies and funds. Canada is a growing opportunity for the Firm."

Based in New York, the Canada practice has been involved in major deals in 2006, including:

Representation of CVRD, a Brazilian mining company, as special antitrust counsel in its $17.6 billion tender offer for Inco, a Canadian nickel company. The matter closed in late October.
Representation of Morguard Corporation and Revenue Properties in the approximately $415 million acquisition of Sizeler Property Investors, a U.S. public REIT that is NYSE listed. The merger was announced in August 2006 and is scheduled to close by year end 2006.
Representation of Tenaska Power Fund, an energy focused private equity fund that is managed by Tenaska Capital Management in Calgary, Alberta, in its acquisition of 3,145 megawatts of natural gas-fired generation assets from Constellation Energy based in Texas for approximately $1.6 billion. The closing is scheduled for late 2006 or early 2007.
Representation of CNPC International Limited, a wholly-owned subsidiary of China National Petroleum Corporation, as the lead counsel in the US$1.3 billion sale of 33% of the shares of Canada-based Petrokazakhstan, Inc. to JSC KazMunaiGas in July 2006. CNPC, China's biggest oil producer, acquired Petrokazakhstan in October 2005.

Chadbourne's Canada practice is supported by the Firm's international practitioners in New York and 11 other offices. The attorneys practice local law and are admitted to the courts in all of Chadbourne's international offices (except Beijing), and can provide clients with "one-stop shopping" for their legal needs. In another plus for the Canadian practice, a Chadbourne corporate lawyer, trained in Quebec civil law, is one of only two attorneys admitted in the Province of Quebec as a U.S. foreign legal consultant.

11-06-2006

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Adams & Reese LLP

Adams and Reese Attorneys Named to “150 Best Lawyers in Tennessee” by Business TN Magazine
Adams and Reese LLP is pleased to announce that three of the firm’s attorneys have been named by Business TN Magazine to their “150 Best Lawyers in Tennessee” list for 2007. The attorneys named include: Charles F. Gay, Jr., Cynthia M. Barnett, (Nashville) and Lucian T. Pera (Memphis).

As a “150 Best Lawyer in Tennessee” for 2007, Gay, Barnett, and Pera will be featured in the January 2007 issue of Business Tennessee magazine (Tennessee’s only statewide business monthly). The list is the result of hundreds of editorial interviews conducted and carefully considered by Business TN editors. Ask other respected local lawyers, judges, top clients and corporate directors who they would use in specific practice areas, and this list is their answer. Lawyers appear on this list, not because the pay to be considered or pay for profiles, but because they are the most respected and best legal minds in their respective practice areas – their reputations and case histories speak for themselves.

Charles F. Gay, Jr. is a partner with the Nashville office. He is a member of the firm’s Pharmaceuticals and Products Liability Team of the Litigation Practice Group, and also works extensively with the Health Care Litigation Group. Gay is a Fellow of the American College of Trial Lawyers, and a member of the American Bar Association. He is also a member of the International Association of Defense Counsel where he served as co-chairman of the Pharmaceutical, Medical Device and Biotechnology Committee. He is a member of Lawyers for Civil Justice and served as chairman of the Committee on Medicaid Recovery Efforts. He is a fellow in the International Society of Barristers and a member of Who's Who of International Lawyers. He has been a frequent lecturer in the areas of trial practice and personal injury litigation. He is listed in The Best Lawyers® in America (Personal Injury Litigation).

Cynthia Mitchell Barnett serves as Partner in Charge of the Nashville office, and is a member of the Public Finance Team. Her practice concentrates on public finance transactions, and she regularly serves as bond counsel and issuer's counsel. Known for her work in the area of multifamily housing, her experience encompasses virtually every type of tax-exempt structure utilized in the financial markets for every type of institution, including revenue and tax municipal bonds, certificates of participation, credit enhancement vehicles, multi-model rate structures, pooled transactions, health and educational tax-exempt organizations, refunding issues, aviation, corrections, industrial development and pilot leases, sports and convention facilities, derivative products and housing. Barnett regularly works with domestic and foreign financial institutions that provide credit and liquidity facilities to support municipal obligations. She has served as a member of the State Department of Human Services Advisory Council, Juvenile Court Pro Bono Program and the Board of Directors for St. Patrick's Homeless Shelter. She is a Fellow of the Nashville Bar Association, and a member of the Tennessee and American Bar Associations, the Lawyer's Association for Women and the National Association of Bond Lawyers. She also serves as a member of the Funding Board for the Music City Center 2008 Project.

Lucian T. Pera is a partner and member of the Litigation Practice Group, practicing primarily in the civil trial area, including a wide variety of commercial, media, intellectual property and personal injury litigation. He is a member of the Ethics Practice Team and the Commercial Disputes Practice Team. Pera has represented a number of major media outlets in significant litigation concerning public and media access to public records, open meetings, and court proceedings. These cases include a landmark Tennessee Supreme Court decision granting public and media access to the records of a troubled nonprofit government contractor administering tens of millions of dollars in public money in assistance to low-income mothers. He is an active member of the Media Law Resource Center’s Defense Counsel Section, serving as chair of its ethics committee and as co-author of chapters in two of its national surveys of law relating to the media. He speaks and writes annually on media law issues, both in Tennessee and nationally.

Adams and Reese entered the Tennessee market with in 2005 when it merged with the prestigious law firm of Stokes Bartholomew in Nashville, and opened its Memphis office in May of 2006 that currently has 17 attorneys.

11-06-2006

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Adams & Reese LLP

Adams and Reese Attorneys Named Mid-South Super Lawyers
Adams and Reese LLP is pleased to announce that eighteen attorneys in four offices have been named Mid-South Super Lawyers for 2006. Only five percent of Arkansas, Mississippi and Tennessee attorneys receive this honor. The selection process includes peer nominations, review by a blue-ribbon panel and independent research. Each attorney will be featured in the December 2006 issue of Mid-South Super Lawyers magazine published by Law & Politics.

11-06-2006

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Womble Carlyle Sandridge & Rice, PLLC

Womble Carlyle Attorneys Advise Business Leaders on How to Defend Trade Secrets
Every year, American companies lose billions of dollars to economic sabotage and information theft.

These crimes may be committed by disgruntled employees, thrill-seeking hackers or even agents of foreign governments. And they may affect just about any company, not just those in high-tech fields.

Womble Carlyle attorneys Mike Hubbard, Press Millen and Todd Sullivan discussed these issues—and how to protect trade secrets—at the “Company Secrets at Risk” seminar, held Oct. 26 at the Cisco Systems campus in Research Triangle Park, N.C. Representatives from FBI and Cisco joined Sullivan, Millen and Hubbard in the presentation. More than 75 business leaders from the Triangle region attended.

“We are in the golden age of economic espionage,” FBI Special Agent Mark Moss said. “The threat is extremely real.”

Agent Moss said Americans would be shocked to learn how much trade secret theft is done at the behest of foreign governments. He said there even have been recent examples of U.S. troops capturing weapons in war zones, only to discover American-designed parts inside of those weapons.

Other trade secrets losses may be more benign, but they still can hurt business. For example, Sullivan says its not uncommon for an employee to lift trade secrets on the way out of a company with hopes of making himself or herself more attractive to other employers.

Other thieves may steal secrets with hopes of selling them to competitors. They do this in a variety of ways, including hacking into computer systems. But more often than not, they simply ask for the information and receive it. Hubbard said a thief may pose as a customer or contractor and ask legitimate-sounding questions, thereby fooling an employee into giving out too much information.

A number of state and federal laws govern this area and provide some defense for companies. However, business leaders need to be aware of these laws and their limitations.

For example, Millen noted that if someone comes into your home and steals your television set, the law is on your side, even if you left the door unlocked and open. But where trade secrets are concerned, the onus is on the owner to make “reasonable efforts to protect that information.”

The three most important laws for North Carolina businesses are the Economic Espionage Act, a purely criminal statute that makes it illegal to steal trade secrets for foreign governments or others; the Computer Fraud and Abuse Act, which allows both criminal and private actions against those who access computerized business information without proper authorization; and the Trade Secrets Protection Act, a state civil statute protecting trade secrets.

But too often, Millen said companies don’t know what their trade secrets are and don’t have a comprehensive framework in place for dealing with those secrets. They also may lack well-designed policies and contracts to protect trade secrets.

“Companies often do not fully understand the concept of trade secrets,” Sullivan said.

So what can companies do to protect important information?
- Designate someone to oversee and coordinate trade secret protection efforts;
- Identify which information is vital and create policies that protect that information;
- Understand that policies alone aren’t sufficient and employ security measures, including computer access controls such as passwords;
- Realize that the laws do not just protect highly technical information. They also protect a broad range of business information, such as customer data and pricing histories;
- Contact the FBI immediately if you believe you have been a victim of trade secret theft.

11-06-2006

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