Law Firm News

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Law Firm News

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Healy & Baillie, L.L.P.

New Jersey State Bar Association Elects Stephen M. Orlofsky to House of Delegates
Blank Rome LLP is pleased to announce that the New Jersey State Bar Association has elected Stephen M. Orlofsky as one of its state delegates to the American Bar Association (ABA) House of Delegates, the policy-making body of the association.

Established in 1936, the House of Delegates consists of 549 members and serves as the ABA’s primary body for adopting new policies and recommendations. Delegates meet twice a year, and action taken by the House of Delegates on specific issues becomes official ABA policy.

At Blank Rome, Mr. Orlofsky serves as a partner in the Firm’s commercial litigation group, concentrates his practice in the areas of complex litigation and alternative dispute resolution, and counsels clients on trial and appellate litigation strategy. Mr. Orlofsky served as a United States District Judge for New Jersey from 1996 to 2003. Prior to that, Mr. Orlofsky also served as a United States Magistrate Judge for New Jersey from 1976 to 1980.

In 2003, Mr. Orlofsky traveled to Iraq as part of a 13-member team jointly commissioned by the U.S. Department of Justice and the Department of State to assess its judicial system. Mr. Orlofsky spent six weeks in Iraq conducting interviews and gathering information to assist the Coalition Provisional Authority in reconstructing the Iraqi court system.

Mr. Orlofsky frequently lectures on various topics, including Federal Practice and Procedure, Professional Ethics and Professionalism, Evidence, Electronic Discovery, Commercial and Criminal Litigation, and Appellate Techniques.

10-31-2006

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Hall & Evans, L.L.C.

Hall & Evans welcomes Bret Roundy to the firm!
Bret brings previous experience in workers’ compensation, personal injury, medical malpractice, bad faith insurance, and family law. Bret also worked as a Deputy DA for the 14th Judicial District Attorney’s office in Craig, Colorado.

Bret will be working with Doug Kotarek and Emily Ahnell in our growing workers’ compensation practice group. Welcome Bret!

10-31-2006

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Goldberg & Kohn, P.C.

Goldberg Kohn Secures $144 Million Ruling Against Amerigroup Corporation for Defrauding the Illinois Medicaid Program
A jury yesterday awarded the largest verdict ever in a false claims lawsuit – at least $144 million – against the Amerigroup Corporation and its Illinois health plan for defrauding the Medicaid program by discriminating against people on Medicaid based on their health status, including expectant mothers in their third trimester.

Fred Cohen and David Chizewer, principals with Chicago-based Goldberg Kohn, represented whistle blower Cleveland Tyson, former Amerigroup vice president of government relations, in the lawsuit alleging that Amerigroup's top management devised, directed and implemented a scheme to avoid enrolling Medicaid-eligible individuals who would utilize too many health care services. “Government healthcare systems are especially vulnerable to fraud because they are so complex, and whistleblowers provide an invaluable service in protecting our tax dollars from dishonest companies,” Mr. Cohen said. “It takes courage to blow the whistle, but we each have the responsibility to protect our government from fraud."

The Illinois Department of Public Aid ("IDPA") had entered into contracts with Amerigroup to provide healthcare to Illinois Medicaid recipients. Amerigroup was required by law to enroll Medicaid recipients without discriminating based on their health status. At trial, Mr. Cohen and Mr. Chizewer proved to the jury that Amerigroup systematically avoided enrolling pregnant women and others whose health status required more health care – while still receiving large payments from IDPA calculated based on the assumption that Amerigroup would not discriminate in its enrollment practices and would provide healthcare to these people. Amerigroup's scheme resulted in a steep decrease in the number of women in their third trimester enrolled in the health plan. During Mr. Cohen's cross-examination of Amerigroup's former CEO, Dr. Dwight Jones, Jones confessed that this huge decrease was due to Amerigroup's successful efforts at keeping third trimester pregnant women out of the plan.

During the trial, Mr. Cohen and Mr. Chizewer also showed the jury that the percent of revenue spent by Amerigroup on health care for its enrollees ranged from 47% to 49%, while the State of Illinois had assumed that Amerigroup would be spending 85% of revenues on health care for its enrollees. Amerigroup's scheme resulted in the federal and state treasuries paying twice for the same healthcare—once to Amerigroup through inflated payments per enrollee, and again when the pregnant women actually received needed healthcare elsewhere. According to the jury, Amerigroup's scheme resulted in the submission of false claims and false statements both to agencies of the United States and the State of Illinois, resulting in violations of the False Claims Act and the Illinois Whistleblower Reward and Protection Act.

The jury rendered a $48 million verdict against Amerigroup, which was subject to trebling under the federal and state false claims acts, as well as an increase of potentially hundreds of millions of dollars more in statutory penalties. This award obtained by Goldberg Kohn, along with Sam Cole from the United States Attorney's Office for the Northern District of Illinois and David Adams from the Illinois Attorney General's Office, is the largest jury verdict ever obtained in a False Claims Act lawsuit. Tyson, as the whistleblower, is entitled to a share of the award.

"The jury's verdict against Amerigroup sends a clear message to companies that do business with the government: Making promises to the government that you do not intend to keep is fraud,” Chizewer said. “The results of cheating the government can be disastrous.

10-31-2006

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Shearman & Sterling LLP

Polynt S.p.A. Completes Initial Public Offering
The Rome office of Shearman & Sterling acted as Italian, English and US counsel to the underwriters in connection with the initial public offering by Lonza Group AG , a global life sciences company, and the concurrent listing on the Milan Stock Exchange of the shares of Polynt S.p.A., one of the leading producers in Europe of polymer chemical intermediates and a subsidiary of Lonza Group. The IPO consisted of a public offering in Italy together with an international institutional offering.

The Shearman & Sterling team was led by Rome-based Capital Markets and M&A partner Domenico Fanuele, assisted by Capital Markets partner Robert Ellison, associates Fabio Fauceglia, Mei Lian, Ethan Perry and Marzio Ciani and trainees Maria Antonietta Romeo and Serena Scarabotti. The transaction also involved lawyers from the firm’s International Tax group led by partner Bernie Pistillo in the firm's London office, assisted by associate Sara Clevering.

10-31-2006

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Shearman & Sterling LLP

Terna Participações Lists Equity Securities on the São Paulo Stock Exchange
Shearman & Sterling acted as US and Italian counsel to Terna S.p.A. (the owner and operator of Italy's national electricity grid) as selling shareholder, and Terna's subsidiary Terna Participações S.A. as issuer, in connection with the initial public offering and listing of Terna Participações S.A.'s equity securities on the São Paulo Stock Exchange.

Terna Participações S.A. is the largest privately owned electricity transmission company in Brazil. Through its subsidiaries, Terna Participações operates 2,447 km of high voltage electricity transmission lines interconnecting the states of Goias, Bahia, Maranhão and the Distrito Federal to the Brazilian national transmission grid pursuant to 30-year concessions granted by ANEEL, the Brazilian national electricity regulatory authority.

This transaction comprised an offering of 26,525,736 units, each representing one common share and two preferred shares of Terna Participações S.A. and consisted of a public offering in Brazil together with an international institutional offering.

Building on recent ebullience in the Brazilian capital markets, this offering was highly successful — to the extent that the deal size was increased by 20% at signing (pursuant to the so-called "hot issue" option available in Brazil) and yet still priced at the top of the anticipated price range. As a result, the Terna Group raised total offering proceeds in excess of R$540 million (approximately US$250 million), which it intends to use to further expand its business operations in Brazil and elsewhere in Latin America.

Attorneys included partners Michael Bosco (Rome-Capital Markets), Domenico Fanuele (Rome-Capital Markets) and Andrew Janszky (São Paulo-Capital Markets), associates Fabio Fauceglia (Rome-Capital Markets), Andre Fiorotto (New York-Finance Group), Marco Ramondino (Rome-Capital Markets), Fabiana Sakai (São Paulo-Capital Markets) and Tobias Stirnberg (São Paulo-Capital Markets) and trainees Giovanni Cirelli (Rome-Capital Markets) and Francesco Liberatori (Rome-Capital Markets).

10-31-2006

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Sedgwick, Detert, Moran & Arnold LLP

Sedgwick Partner Elected to Girls Inc. Board of Trustees
Girls Inc. has selected Sedgwick Partner Tom Delaney to serve on the board of trustees of its Orange County chapter. Girls Inc. of Orange County has worked to inspire and educate thousands of girls, particularly those in high-risk, underserved areas, for more than 52 years. To accomplish this mission, Girls Inc. offers a variety of programs designed to help girls develop the values and skills critical to becoming confident, productive and responsible adults, and to help girls confront subtle societal messages about their values and potential. As a result of its efforts, Girls Inc. has helped millions of girls across the country to lead independent and fulfilling lives.

"I am thrilled to use my fundraising skills and local contacts to benefit Girls Inc., so they may continue to offer important programs to the young girls of Orange County," said Delaney. "In 2005 alone, 3,500 girls attended Girls Inc. programs and we hope to make an even greater impact in the future."

"As a father of two children, I understand the importance of ensuring girls are motivated in school and exposed to career options," said Delaney. "Girls Inc. plays a critical role in this mission by offering programs such as College Bound, Economic Literacy, and associated violence protection, empowerment, math and technology courses.

Based out of the firm's Orange County office, Delaney defends non-profit organizations, corporations and employees against products liability, environmental, toxic tort and employment litigation. He has tried several criminal and civil cases to verdict, and has also defended and prosecuted commercial claims, including allegations of unfair business practices and false advertising. Delaney received his B.A. from Loyola Marymount University, and earned his J.D. from Loyola Law School in Los Angeles.

"We at Sedgwick know that Tom has a genuine interest in making a positive impact outside of the office," said Curtis Parvin, managing partner of the firm's Orange County office. "Whether devoting himself to Sedgwick's pro bono initiative or the Sedgwick Women's Forum , Tom has always exemplified Sedgwick's dedication to the community.

10-31-2006

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Lewis and Roca LLP

Lewis and Roca Associate Abbe Goncharsky Named "Up and Comer
Lewis and Roca is pleased to announced that Abbe M. Goncharsky, an attorney with the firm’s Tucson office, has been named one of Inside Tucson Business’ Up and Comers, honored for contributions to her field and in making a difference in business and in the community.

Ms. Goncharsky is a member of the Employment and Commercial Litigation groups, concentrating her practice on representing businesses in state and federal courts, before administrative agencies, and in governmental investigations. She speaks regularly, is a contributing author to multiple publications and provides training to employers in employment law topics, particularly on issues related to the Fair Labor Standards Act and Family and Medical Leave Act. In 2005, the Volunteer Lawyers Program recognized Ms. Goncharsky with its Lifesaver Award for her work on legal relief efforts for victims of Hurricane Katrina. Goncharsky received her J.D. (cum laude) from the University of Arizona, James E. Rogers College of Law, her B.S. in Psychology (magna cum laude) and B.A. in Sociology from Tulane University.

10-31-2006

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