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Sedgwick E-Discovery Chair Joins Sedona Conference,® A Prominent Legal Think Tank
New York partner Kenneth N. Rashbaum, chair of Sedgwick’s E-Discovery, Data Management & Compliance practice, has joined the Sedona Conference's® Working Group 6 , which focuses on international electronic information management, discovery and disclosure. This honor recognizes Rashbaum’s expertise in U.S. and international norms governing electronic discovery, privacy, and data protection, as well as his prolific publication and speaking record on these issues.

The Sedona Conference® is a leading nonprofit organization providing law and policy research and educational programming in antitrust, complex litigation and intellectual property. Through its Working Group Series, prominent judges, attorneys, academicians and other experts engage in dialogue and cutting-edge research resulting in published guidelines, best practices and policy papers. Working Group 6 takes a multi-jurisdictional approach to developing an in-depth understanding of electronic information management for entities facing conflicts of laws as a result of litigation exposure and/or regulation in multiple jurisdictions.

10-31-2006

Sedgwick Releases International Commercial Arbitration Handbook
An updated edition of the Sedgwick-produced handbook, "International Commercial Arbitration," has arrived. Spearheaded by Adam Barker, chair of the firm's international counseling and arbitration practice, and managed by London partner James Pilgrim-Morris, the update was a collaborative effort involving attorneys from nearly every office. The handbook provides an overview of commercial arbitration, identifies the world's principal arbitral bodies, and explains key rules and procedures.

10-31-2006

Sedgwick Defeats Class Certification in $130 Million Products Liability Suit
A team of Sedgwick attorneys in San Francisco, along with co-counsel, defeated class certification on behalf of our client, an aluminum window manufacturer, in a $130 million products liability case. In a lawsuit filed in Solano County, Superior Court, plaintiffs alleged negligence, strict liability, breach of express and implied warranty, and violation of the California Legal Remedies Act. Plaintiff's attorneys contended that the client's window products were ""inherently defective"" due to their design, and would fail during the useful life of the product, resulting in water intrusion and related property damage. The risk of an adverse ruling was significant, since plaintiffs' counsel was seeking the cost to remove and replace the approximate 1.3 million products sold in California. Plaintiffs had already been granted class certification in two nearly identical cases against other aluminum window manufacturers, including one case venued in Solano County.

The Sedgwick team led by Paul Lahaderne, chairman of the firm’s construction practice, Partners Gayle Gough and Stephen Schram and Special Counsel Jon Rodriguez, employed a variety of successful strategies. For instance, to defeat plaintiff's motion on the grounds of lack of common issues of fact, Sedgwick retained a statistician to conduct an in-depth study of the client’s service records, a consumer market research expert to conduct a consumer satisfaction survey to establish the incidents of product failure were statistically low, and long-term weather experts to conduct exposure tests on the window products to establish the windows performed under applicable standards. Shel Rootenberg, a legal assistant, also capably aided the Sedgwick team.

The use of these experts, in combination with Sedgwick’s arguments and presentation of evidence, resulted in the denial of plaintiffs’ motion for class certification as to all causes of action, and a victory for Sedgwick’s client.

10-31-2006

Appeals court affirms WTC 9/11 victory for Ropes & Gray's clients
The U.S. Court of Appeals for the Second Circuit has affirmed a trial victory for Ropes & Gray's clients in the multi-billion dollar World Trade Center property insurance litigation, effectively ending developer Larry Silverstein's five-year battle to double his insurance recovery from the September 11, 2001 terrorist attack on the complex. Ropes & Gray, along with Boies Schiller & Flexner LLP, represented London- and European-based insurers that had provided over $700 million (out of more that $3.5 billion) in property insurance for the World Trade Center complex. Silverstein asserted that because two aircraft struck the complex, he was entitled to two payments of insurance proceeds, totaling more than $7 billion.

In a 2004 trial in the Southern District of New York, a jury determined that Ropes & Gray's clients had agreed to provide insurance on the basis of the ""WilProp"" insurance form Silverstein had presented to insurers when originally seeking insurance for the property. Under the WilProp form, the September 11 attack was deemed a single occurrence.

Silverstein appealed this verdict to the Second Circuit, which found no error in the result. In fact, the appeals court observed its October 18 opinion that the district court judge had done ""a masterful job shepherding this complex, hotly contested case"" through trial.

The Ropes & Gray team working on the case included Ken Erickson, Rob Skinner, Bryan Diederich, Kristen Shea McLean, Cathy Mondell, Holly Caldwell, Colleen Kelly, Sarah Soubosky, and Caitlin Grasso.

10-31-2006

Herzog Elected a Fellow of American Bar Foundation
Richard ""Rick"" Herzog, a partner of Nelson Mullins Riley & Scarborough LLP and president of the Atlanta Bar Association, has been elected a Fellow of the American Bar Foundation.

Based in Atlanta, Mr. Herzog leads the Nelson Mullins debt finance and restructuring practice. He also chairs the Firm's Property, Government, and Finance Practice.

The Fellows is an honorary organization of attorneys, judges, and law professors whose professional, public, and private careers have demonstrated outstanding dedication to the
welfare of their communities and to the highest principles of the legal profession.

Established in 1955, The Fellows encourage and support the research program of the American Bar Foundation. The object of the Foundation is to advance justice through research on law, legal institutions, and legal processes. Membership in The Fellows is limited to one-third of 1 percent of lawyers licensed to practice in each jurisdiction. Members are nominated by Fellows in their jurisdiction and elected by the Board of the American Bar Foundation.

Nelson Mullins, established in 1897, has more than 390 attorneys practicing from offices in Atlanta, Boston, Charleston, Charlotte, Columbia, Greenville, Myrtle Beach, Raleigh, Washington and Winston-Salem.

10-31-2006

Morrison & Foerster Foundation Donates $100,000 in Scholarships and Financial Assistance to University of Colorado and Denver University in Honor of Stephen S. Dunham
The University of Denver Sturm College of Law and University of Colorado School of Law will split a donation of over $100,000 made by The Morrison & Foerster Foundation. The donation establishes The Morrison & Foerster Foundation/Stephen S. Dunham Scholarship, a diversity scholarship fund in honor of former Morrison & Foerster LLP chair and current Johns Hopkins University General Counsel, Stephen Dunham. The scholarship is being named after Mr. Dunham in recognition of his passion for education and increasing diversity in the legal profession as well as in appreciation of his contributions to the firm over many years.

This is one of the largest single donations to both the CU and DU law schools and will be distributed as follows:

* Each school will receive $17,500 each per year, for three years starting in 2006
* The scholarship will be applied towards the first year of law school for each recipient
* An additional $5,000 has been given to the American Bar Association Legal Opportunity Scholarship Fund to encourage racial and ethnic minority students to attend law school by providing financial assistance
* Another $5,000 has been given to the American Intellectual Property Law Education Foundation for minority scholarships to promote diversity in the intellectual property bar.

Eric Elliff, Managing Partner of the firm’s Denver office, said, ""Steve was a mentor to all of us, and a real asset to the Colorado legal community. These scholarships are a wonderful way both to honor Steve and to underline Morrison & Foerster's commitment to Colorado and its law schools.""

""This was a fantastic opportunity for The Morrison & Foerster Foundation to continue its mission of helping the disadvantaged while at the same time honoring Steve, who devoted himself to these issues even while he was chair of the firm and throughout the time that he was maintaining his busy practice,” said Paul T. Friedman, a senior litigation partner with Morrison & Foerster and chair of The Morrison & Foerster Foundation.

Lorenzo A. Trujillo, Assistant Dean of Students and Professional Programs at the University of Colorado School of Law, praised the school’s first recipient of the Dunham Scholarship. “Joe Neguse is an exceptional person,” Trujillo said. “We are proud that he has chosen to study law at the University of Colorado Law School. He is the model of professionalism in his demeanor, attention to detail, and his sense of civic duty and commitment. He will make an excellent attorney and has already distinguished himself as a model citizen.""

David Getches, Dean at the University of Colorado School of Law adds, ""In an era of rising costs, scholarships like this are essential to maintaining a richly diverse student body. The Morrison & Foerster Foundation is helping the University of Colorado School of Law pursue its historic mission as an institution committed to being accessible to the best students regardless of financial means or background.""

“We are pleased that The Morrison & Foerster Foundation is honoring Steve Dunham with a generous gift for scholarships at the University of Denver Sturm College of Law,” said Dean José Roberto Juárez, Jr. “Steve has been a great friend of the DU law school, an inspiring adjunct professor and a leader in the Colorado legal community. The Foundation’s gift will be appreciated by generations of students to come.

10-31-2006

Kramer Levin Associates Honored for Excellency in Pro Bono Advocacy
Litigation associate Jennifer Haber and Kramer Levin alumna Jennifer Despins were selected to receive awards for Excellence in Pro Bono Advocacy from the Sanctuary for Families' Center for Battered Women's Legal Services on October 30th. They were honored for their work in obtaining asylum for a woman from Pakistan who was abused by her boyfriend and then abandoned with three children and no means of support. The client was facing likely death if returned to Pakistan because her family had threatened to kill her for having children out of wedlock and not letting the family select her spouse.

10-31-2006

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