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Weil Gotshal Wins Dismissal in ERISA Class Action for Avon
In an important victory for its long-time client, Avon Products, Inc., Weil, Gotshal & Manges obtained a dismissal of a class action lawsuit filed by a retiree under the Employee Retirement Income Security Act (“ERISA”). The case was pending before Judge Deborah Batts of the U.S. District Court for the Southern District of New York.

Initially filed in April 2003, plaintiff’s class action complaint alleged nine separate claims, some of which were hyper-technical and/or involved issues of first impression. The gist of most of the claims was that a provision in the plan called the “social security offset,” a component of the Plan’s formula for calculating benefits, was (1) unlawfully based on the attainment of a particular age (the “Age Claim”); and (2) caused an unlawful delay in accrual of pension benefits (the “Backloading Claims”). The Age Claim alleged that the fact that social security offset applied to workers older than age 25, while exempting employees who were under age 25, unlawfully reduced the pension benefits of older workers. The Backloading Claims were premised on the fact that employees whose years of service plus their ages totaled 85 or more were entitled to retire before age 65 and receive a reduction in their social security offset. Plaintiff argued that this so-called “Rule of 85” benefit unlawfully forced employees to wait to the latter part of their service with Avon to see a significant increase in the rate of their pension benefit accrual.

Plaintiff pursued an especially prohibitive remedy, which would have involved a total reformation of the plan, requiring Avon to retroactively pay additional benefits to thousands of current and former employees.

Our motion to dismiss on behalf of Avon, simplified the case and demonstrated the Plan’s compliance with ERISA and the public policies the Act was intended to promote. Among other things, our motion showed that the Plan’s early retirement option constituted a “subsidy” that Congress and the U.S. Department of Labor sought to encourage, and thus exempted it from ERISA’s backloading limitations.

The Weil Gotshal litigation team consisted of partners Jeff Klein and Nicholas Pappas, associates Yehudah Buchweitz and Dotan Weinman, and paralegal Yovanka Malkovich. The litigation team received significant assistance from Mark Vogel, Michael Kam and Anna Grant of the ERISA and Employee Benefits Practice group of the firm’s Tax department.

09-21-2007

Weil Gotshal Litigation/Regulatory Department Co-Head Matthew D. Powers Again Named to California’s “Top 100 Lawyers” List
Weil Gotshal partner Matthew D. Powers was again named as a “Top 100 Lawyer” in The Daily Journal’s annual assessment of the 100 most influential lawyers in California. Mr. Powers, the co-head of Weil Gotshal’s Litigation/Regulatory Department and a member of Weil Gotshal’s Management Committee, was recognized for his track record of taking difficult cases to trial and winning them, and for his representation of industry-leading technology companies in high-stakes patent and trade secret litigations.

Mr. Powers, who has been repeatedly recognized as a Top 100 Lawyer in past years, commented that “This recognition, which I appreciate, reflects the depth of talent throughout Weil’s patent litigation group. To win a high stakes patent case at trial takes great lawyers at all levels. We have that, both here in California and in our other offices in New York, Texas, and Washington, D.C.”

09-21-2007

Baker & McKenzie Advises Rex Minerals Limited on its Successful Initial Public Offering
Baker & McKenzie advised Rex Minerals Limited on its Initial Public Offering. Rex Minerals, which raised A$7 million, successfully listed on the Australian Stock Exchange on 20 September 2007. Rex Minerals closed its first day of trading on ASX at a 20% premium to its issue price of 25 cents.

The Baker & McKenzie team was led by Richard Lustig, Melbourne based corporate partner, supported by senior associate, Riccardo Troiano. Manager and Lead Broker to the Offer was Asandas (Australian Stockbroking and Advisory Services Limited).

Rex Minerals is a new listed exploration company focused on copper-gold projects in South Australia and gold projects in Victoria. Led by industry expert geologist Steven Olsen, formerly with Ballarat Goldfields, Rex Minerals has assembled a management team with proven corporate, operations and exploration track records. The team's strategy is to acquire highly prospective gold and copper projects and to apply their exploration skills to realise the full potential of those projects. Rex Minerals has begun implementing this strategy through the acquisition of a number of copper-gold projects in South Australia and gold projects in Victoria.

Rex Minerals has the support of some quality companies from within the resources industry, including Lihir Gold Limited, Avoca Resources Limited and Lion Selection Limited.

Richard Lustig said, "The success of the IPO and the fact that the non-underwritten offer was fully subscribed despite recent volatile market conditions is a testament to the company's strong management team and high quality projects."

Richard Lustig further said, "We have been involved in several floats in the resources space in recent times. Each one typically has its own interesting aspects. This offer was slightly unusual in that it involved Rex Minerals entering into a two year contract with Titleline Drilling Pty Ltd for future drilling services whereby the drilling contractor will be paid by a mixture of consideration including future shares. Rex Minerals obtained a waiver from ASX to permit it to issue these shares without shareholder approval without reducing its future placement capacity. This will not reduce the company's funding placement capacity going forward."

09-21-2007

Ex-Prosecutors Find New Home In Private Practice
Government regulators have never been so sharply focused on the conduct of corporations than they are now. And with business booming, some Connecticut law firms are eager to add attorneys to defend white-collar clients.

New Haven’s Wiggin and Dana recently did just that, bringing aboard two former federal prosecutors as partners to help clients in cases involving corporate compliance, government investigations and internal audits.

James I. Glasser joined the firm after 19 years in the U.S. Attorney’s office in Connecticut, most recently serving as counsel to U.S. Attorney Kevin O’Connor and chief of the criminal division. Joseph W. Martini arrived at Wiggin from Pepe & Hazard in Hartford, for whom he practiced after serving as federal prosecutor for nine years.

09-21-2007

LOCKE LIDDELL & SAPP AND LORD BISSELL & BROOK APPROVE COMBINATION TO FORM FIRM OF 700 ATTORNEYS WITH 11 OFFICES
Attorneys at Texas-based Locke Liddell & Sapp PLLC and Lord Bissell & Brook LLP, a national firm headquartered in Chicago, have voted to approve combining the two firms. The new firm, Locke Lord Bissell & Liddell LLP, will have approximately 700 attorneys with offices in Atlanta, Austin, Chicago, Dallas, Houston, London, Los Angeles, New Orleans, New York, Sacramento and Washington, D.C. The combination will go into effect on October 2, 2007.

The new firm will have gross revenues of approximately $400 million, placing it within American Lawyer’s “AmLaw 100” annual rankings of the top U.S. law firms. Locke Liddell & Sapp’s managing partner Jerry Clements will serve as its chair. Lord, Bissell & Brook’s current chair, Thomas Jenkins, and Locke Liddell & Sapp’s Marc Watts will serve as the firm’s co-vice chairs.

Other members of the combined firm’s Executive Committee will be Locke Liddell lawyers Ed DeYoung, Don Glendenning and Bill Swanstrom, as well as Lord Bissell lawyers Tom Cunningham, Nick DiGiovanni and Jackie Klein. Bryan Goolsby, Locke Liddell & Sapp former managing partner, will serve as executive chair and will advise the Executive Committee on financial and strategic matters.

“This merger of equals represents a shared vision by the attorneys of both firms to provide opportunities that ensure the long-term success of our lawyers and our clients,” Ms. Clements said. “It became very clear during our meetings over the past three months that both firms have similar cultures, share the same objectives and philosophies, and want to build on each other’s strengths and experiences. Together, we will immediately realize geographic diversity, establish a larger national footprint and increase our breadth and depth.”

Ms. Clements went on to say, “As Locke Lord Bissell & Liddell, we have a partnership that is diverse, dynamic and positioned to be competitive and successful in the 21st century. Most importantly, we will have the expertise, size and commitment to serve our clients effectively and
efficiently in the years to come.”

Mr. Jenkins added, “Our firms’ practices complement one another. This combination allows us to expand our legal expertise and provide service to clients in additional industries from offices

09-21-2007

LIONEL SAWYER & COLLINS TAKES TOP NEVADA HONORS IN THE BEST LAWYERS IN AMERICA 2008
More than half of Lionel Sawyer & Collins’ shareholders have been named to The Best Lawyers in America for 2008. Best Lawyers, one of the preeminent legal referral guides in the U.S., has released its 2008 listings of the nation’s legal “top guns.” Lionel Sawyer & Collins has the distinction of having the greatest number of attorneys listed of all Nevada-based law firms included in Best Lawyers, and is also ranked #1 in Nevada for Commercial Litigation and Real Estate Law. The Firm is pleased to have such an extraordinarily high percentage of their attorneys recognized in the prestigious guide. Samuel S. Lionel (Commercial Litigation and Corporate Law; listed in Best Lawyers for more than 20 years) and 24 other Lionel Sawyer & Collins shareholders are listed. Those 24 other attorneys include:

In Las Vegas: Richard H. Bryan (Government Relations Law); Robert D. Faiss (Gaming Law); Cam Ferenbach (Commercial Litigation); David N. Frederick (Appellate Law; Commercial Litigation); Lynn S. Fulstone (Health Care Law); Mark H. Goldstein (Real Estate Law), listed in Best Lawyers for more than 10 years; Paul R. Hejmanowski (Commercial Litigation), listed in Best Lawyers for more than 20 years; Todd E. Kennedy (Commercial Litigation); Malani L. Kotchka (Labor and Employment Law); Paul E. Larsen (Franchise Law); Gregory E. Smith (Labor & Employment Law); Todd M. Touton (Construction Law); Ellen Whittemore (Gaming Law and Information Technology Law); and Jeffrey P. Zucker (Real Estate Law), listed in Best Lawyers for more than 20 years.

(Gregory E. Smith and Malani L. Kotchka recently joined Lionel Sawyer & Collins’ Employment and Labor Law Practice Group. They were formerly partners/shareholders in the Las Vegas law firm of Smith & Kotchka.)

In Reno: Dan C. Bowen (Commercial Litigation), listed in Best Lawyers for more than 10 years; Colleen A. Dolan (Real Estate Law), listed in Best Lawyers for more than 10 years; Gary W. Duhon (Real Estate Law); Shawn M. Elicegui (Administrative Law); Craig E. Etem (Real Estate Law); Richard W. Horton (Bankruptcy and Creditor-Debtor Rights Law; Commercial Litigation), listed in Best Lawyers for more than 20 years; Dan R. Reaser (Energy Law; Gaming Law); Jennifer A. Smith (Creditor-Debtor Rights Law); Harvey Whittemore (Energy Law and Government Relations Law); and Allen J. Wilt (Commercial Litigation).

09-21-2007

Pawlitz Authors Article on Options to Purchase in Real Property Leases
"Aaron L. Pawlitz, an associate in the St. Louis office, recently authored an article titled ""Is a Tenant's Option to Purchase Assignable?"", which was published in the August 2007 issue of Commercial Leasing Law & Strategy. The articles discusses how different states' laws treats the issue of the assignability of an option to purchase contained within a lease and suggests matters that landlords, tenants, and attorneys should consider when addressing that issue.

Mr. Pawlitz's practice areas include corporate law, mergers & acquisitions, real estate, securities, and municipal law, finance, and zoning. Real estate attorneys at Lewis, Rice & Fingersh, L.C. have experience in every aspect of real estate purchase and sales, leasing, development incentives, construction agreements, and real estate litigation. Our attorneys have been named Fellows in the American College of Real Estate Lawyers and the American College of Mortgage Attorneys and have received other distinctions, and we serve as national counsel to numerous public and private companies. "

09-21-2007

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