Law Firm News

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Law Firm News

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Morgan, Lewis & Bockius, L.L.P.

Hederman Warns Distributors to Move with Urgency for Public Confidence
William Hederman, Executive Director of Morgan Lewis' Energy Resources Group, addressed the Southeast LDC Forum today and urged the gas companies present to move with a sense of urgency on matters of Federal Energy Regulatory Commission (FERC) compliance. He drew attention to the combination of already high gas prices, and the ""likelihood of price increases this summer if the weather doesn't cooperate,"" and called on every market participant to contribute to public confidence in energy markets. ""If customers are skeptical about the integrity of the marketplace, we all have a problem,"" he said.

""One of the best ways for you to contribute,"" Hederman continued, ""is to implement effective compliance programs that assure all relevant regulators that you are transacting business in a responsible manner that avoids any anti-competitive or manipulative practices."" He also noted that there are nay-sayers who say 'compliance is not feasible.' In response, Hederman reasoned that, ""a well-designed and therefore cost-effective compliance program will give a conscientious executive an improved handle on the business taking place under his or her watch.""

""It is time for business to lead—or surely it will be led by others with less understanding of energy markets,"" Hederman warned. ""High energy prices have created great temptations for political opportunism,"" he continued.

William Hederman recently joined Morgan Lewis from the FERC, where he served as the first Director of the Office of Market Oversight and Investigations. He oversees the firm's Energy Resources Group, which helps companies implement effective compliance programs that enhance value to their customers as well as improve their bottom lines.

04-04-2006

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Holland & Knight, L.L.P.

Holland & Knight Partner Marie Lefere Receives First Tillie Kidd Fowler Leadership Award
FT. LAUDERDALE, Fla. – Holland & Knight partner Marie Lefere is the first recipient of the Tillie Kidd Fowler Leadership Award, which the firm established as an annual award to recognize and honor an individual who demonstrates the high standards and commitment to excellence that the firm's late partner Tillie Kidd Fowler displayed throughout her life.

Fowler joined the Washington, D.C., office of Holland & Knight as a partner in 2001 after a distinguished eight-year tenure in the House of Representatives. In 1998, she was chosen by her Republican colleagues to be the Vice Chairman of the Republican Conference, making her the highest-ranking woman in the U.S. Congress when she retired. She died suddenly in March 2005 at the age of 62.

The actual award features a magnolia blossom sculptured out of steel. In an article following her death, The Washington Post reported, ""Rep. Fowler was sometimes called the ''Steel Magnolia'' and was described as a hybrid of a Southern belle and a Marine drill sergeant."" Artist and blacksmith Jerry Sharplin of Kisatchie Iron Works in Louisiana created the award and donated the first one to Holland & Knight in honor of Fowler and her contributions to the country.
worthy recipient of the award, Lefere has held a number of leadership positions within the firm and her community. She is the Executive Partner of the firm's Ft. Lauderdale office, the first woman in the firm to hold this position. She is also Chair of the Holland & Knight Charitable Foundation, Inc., serving as chief administrator for the firm's philanthropic activities, including Opening Doors for Children and the Holocaust Remembrance Project. Lefere has also been a member of the firm's Directors Committee, Budget Advisory Committee and Partner Compensation Advisory Committee.

In her community, she currently serves as a member of the Board of Directors and Vice Chair of the Broward County Chapter of the American Red Cross and a member of the Board of Directors of the Broward Workshop. Lefere is also a former member of the Board of Governors of the Greater Fort Lauderdale Chamber of Commerce; board member of the Broward Regional Emergency Services Council; board member of the Broward Annenberg Challenge; and advisory board member for the 2002 Broward County Bar Managing Partner Forum.

""Tillie was an inspiration to all of us,"" remarked Lefere at Holland & Knight's recent annual meeting in Orlando where she received the award. ""She was a magnificent example of how one person can really make a difference in her profession and her community. I am thankful for this

04-04-2006

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White & Case, LLP

White & Case Advises in €500 Million High Yield Offering
White & Case acted for joint book-running lead managers, Barclays Capital and Deutsche Bank, and the trustee, Deutsche Trustee Company Limited, on M-real Corporation's (M-real) €500 million Eurobond offering of 7.25 percent Senior Notes due 2013, which closed on March 29, 2006.

The Eurobond was issued at a price of 98.655 to give a yield of 7.5 percent. M-real intends to use the proceeds from the sale to repay existing indebtedness. The issue was rated Ba3 by Moody's Investors Service, three notches below investment grade, and equivalent to BB- by Standard & Poor's.

""This offering was a hybrid of high yield and high grade techniques both as regards the terms of the bonds and the distribution strategy. The bonds were closer in character to the investment grade model, albeit with change of control protection and a ratings-driven interest ratchet. The leads targeted both European high grade investors as well as the high yield community, capitalising on the fact that the issuer is a seasoned participant in the European MTN market. I expect we will see more of this kind of deal in Europe, particularly in the crossover credit spectrum,"" commented Rachel Hatfield, lead White & Case partner advising on the deal and co-head of White & Case's European High Yield practice. Hatfield is also a long-standing member on the board of the European High Yield Association.

White & Case's London-based European high yield team completed more than €2.2 billion worth of high yield transactions in 2005. The White & Case team advising on the M-real Eurobond alongside Hatfield was associate Anna-Marie Slot in the London office and partner Petri Haussila with associates Mikko Hulkko and Laura Huomo in the Firm's Helsinki office.

Headquartered in Finland and listed on the Helsinki Stock Exchange with a market capitalisation of €1.75 billion, M-real is a leading European paper company focussing on consumer packaging, publishing, commercial printing and office papers. It generated a turnover of €5.2 billion in 2005, employing nearly 15,200 people across 70 countries.

About White & Case
White & Case LLP is a leading global law firm with nearly 2,000 lawyers in 38 offices in 25 countries. Our clients value the breadth and depth of our US, English and local law capabilities and rely on us for their complex cross-border commercial and financial transactions and for international arbitration and litigation. Whether in established or emerging markets, the hallmark of White & Case is our complete dedication to the business priorities and legal needs of our clients.

04-04-2006

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White & Case, LLP

Federal Circuit Court Ruling Allows Judges To Consider \"Non-5K Cooperation
A federal appeals court ruled that the Government no longer has the sole discretion to determine whether a defendant's cooperation with the Government is grounds for a reduction in his sentence.

In a unanimous decision handed down April 3 in United States of America v. Mayra Fernandez (05-1596-cr), the United States Court of Appeals for the Second Circuit ruled that a District Court could take a defendant's cooperation with authorities into account when sentencing the defendant, even though the Government had not requested the court to do so in a ""5K letter.""

""The decision sets the important precedent that a sentencing court is authorized to consider a defendant's cooperation with the Government even absent a 5K letter,"" said White & Case corporate defense partner Lance Croffoot-Suede, who represented the defendant on a pro bono basis. ""District Court Judges can now consider 'non-5K cooperation' when determining appropriate sentences for criminal defendants.""

In certain instances when the Department of Justice determines that a cooperating defendant has ""substantially assisted"" in a prosecution or investigation, it submits a letter under section 5K1.1 of the United States Sentencing Guidelines to the sentencing judge advising of the defendant's cooperation, which then authorizes the sentencing judge to reduce a defendant's sentence. However, the Government has complete discretion over whether a defendant's cooperation justifies such a letter.

Croffoot-Suede's pro bono client was convicted of a narcotics distribution conspiracy and sentenced to 151 months imprisonment. He filed an appeal on behalf of the defendant arguing that the District Court failed to consider certain facts and circumstances regarding the defendant in accordance with the sentencing factors set forth in 18 USC Section 3553(a), specifically, the defendant's cooperation with the Government that did not result in a 5K letter from the Government.

The Second Circuit agreed that a sentencing judge could consider a defendant's cooperation with authorities when setting a sentence, even without a 5K letter, and coined the phrase ""non-5K cooperation.""

The Second Circuit reasoned that relevant provisions of the sentencing statute are ""worded broadly"" and contain ""no express limitations as to what 'history and characteristics of the defendant' are relevant."" As a result, ""in formulating a reasonable sentence a sentencing judge . . . should take under advisement any related arguments, including the contention that a defendant made efforts to cooperate, even if those efforts did not yield a Government motion for a downward departure pursuant to U.S.S.G. Section 5k1.1 ('non-5K cooperation').""

In reaching this decision, the Second Circuit also held it has authority to review District Court sentences for reasonableness.

Croffoot-Suede represented the defendant pursuant to his appointment on the Criminal Justice Act panel for the Southern District of New York. The CJA panel provides members of the criminal defense bar as counsel for certain indigent criminal defendants.

About White & Case
White & Case LLP is a leading global law firm with nearly 2,000 lawyers in 38 offices in 25 countries. Our clients value the breadth and depth of our US, English and local law capabilities and rely on us for their complex cross-border commercial and financial transactions and for international arbitration and litigation. Whether in established or emerging markets, the hallmark of White & Case is our complete dedication to the business priorities and legal needs of our clients.

04-04-2006

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Latham & Watkins

Scott Haber Appointed Office Managing Partner ofLatham & Watkins\' San Francisco Office
Latham & Watkins LLP1 is pleased to announce that Scott R. Haber has been appointed the new Office Managing Partner of the firm's San Francisco office. He succeeds Gregory P. Lindstrom, who has held that position since November 1999.

A member of the firm since 1985, Haber previously served as Chair of the Corporate Departments for Latham's Bay Area offices. He recently completed a four-year term as a member of the firm's Executive Committee, the seven-member body that governs Latham's global network of 22 offices.

""Scott has a wealth of experience and a deep understanding of Latham's culture and strengths, which will provide a helpful foundation for his new role,"" said Robert M. Dell, Chairman and Managing Partner of Latham & Watkins. ""We also are deeply grateful to Greg Lindstrom, who has been instrumental in the San Francisco office's growth and success. He maintained his robust litigation practice while balancing the many responsibilities of managing an office.""

""Thanks to the steady leadership of Greg and the dedicated efforts of our attorneys and staff, Latham & Watkins has developed a strong practice in San Francisco that cuts across all our areas of practice - including litigation, corporate, finance and environmental,"" said Haber. ""I look forward to growing and strengthening our presence in San Francisco, while also continuing to bring Latham's global resources to bear on this vibrant market.""

Latham's San Francisco office houses some 120 attorneys, 34 of whom are partners of the firm, and 113 administrative personnel. In addition to providing outstanding legal counsel to a range of industry-leading clients, the office is recognized as a local leader in providing pro bono counsel and community service. For example, the Lawyers' Committee for Civil Rights of the San Francisco Bay Area recently awarded Latham & Watkins its Keta Taylor Colby Award for the firm's ongoing dedication to the committee's Tuesday night legal clinic, where more than 25 Latham attorneys regularly offer pro bono services to the poor and underrepresented.

About Scott Haber
In his practice, Haber represents public and private corporations in a variety of M&A transactions and SEC matters. His practice focuses on representing private equity firms. A member of the American and California State Bar Associations, Haber is an alumnus of Cornell University, having received a J.D. in 1984, M.B.A. in 1983, and a B.A. in 1980. After graduating, he served as Law Clerk to the Honorable Richard J. Cardamone of the United States Court of Appeals for the Second Circuit. He is currently a member of the Berkeley Repertory Theatre Board.

About Greg Lindstrom
Lindstrom will return to a full focus on his practice in complex litigation matters, principally involving antitrust and unfair business practices. He has significant courtroom experience - having tried more than 30 lawsuits - and is a Fellow of the American College of Trial Lawyers. Lindstrom's recent experience includes representing Oracle Corporation at trial in defeating a lawsuit brought by the US Department of Justice and ten state Attorneys General to enjoin Oracle's takeover of PeopleSoft, and winning a trial victory for the selling shareholders in a highly publicized antitrust challenge to Hearst Corporation's acquisition of The San Francisco Chronicle. He has practiced with the firm since 1978.

About Latham & Watkins
Latham & Watkins is a global law firm with more than 1,800 attorneys in 22 offices, including Brussels, Chicago, Frankfurt, Hamburg, Hong Kong, London, Los Angeles, Milan, Moscow, Munich, New Jersey, New York, Northern Virginia, Orange County, Paris, San Diego, San Francisco, Shanghai, Silicon Valley, Singapore, Tokyo and Washington, D.C. For more information on Latham & Watkins, please visit the Web site at www.lw.com.

04-04-2006

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Latham & Watkins

Latham Names Four Diversity Scholars
Latham & Watkins LLP1 is pleased to announce the recipients of the inaugural Latham & Watkins Diversity Scholars Program, which is awarding four $10,000 scholarships to second-year law students for use during their third year of law school (2006-07).

The recipients are:

Eddie A. Jauregui of Columbia University School of Law
John A. Mathews II of Harvard Law School
Lisa M. Pérez of University of Virginia School of Law
Marla E. Stewart of Cornell Law School
See below for biographical sketches of the four recipients.

Following the announcement of the Diversity Scholars program last October, Latham & Watkins received 315 applications from students attending more than 100 US law schools. The applicants were required to be enrolled in an ABA-accredited law school, with intent to practice in a global law firm. Candidates submitted written applications, and several short-list finalists met with a selection panel consisting of partners and associates of the firm.

""The caliber and character of the applicants were truly awe inspiring, and it was difficult to narrow the field down to these four deserving recipients,"" said Sharon Bowen, Vice Chair of Latham's Diversity Committee who served on the scholarship selection panel. ""Latham's commitment to diversity is an integral component of our culture, and we are hopeful that the financial assistance provided will help these top scholars meet their goals and aspirations.""

Factors considered in choosing the Latham Diversity Scholars included their ability to contribute to the diversity objectives of global law firms; their success in overcoming obstacles or challenges faced in deciding to choose law as a profession; academic and/or leadership achievements; and their desire to practice in a global law firm environment.

""The Diversity Scholars Program is a great success,"" said Robert M. Dell, Chairman and Managing Partner of Latham & Watkins. ""It is consistent with our long-standing commitment to be a leader in the hiring, training and promotion of lawyers, with particular attention to the goals of equal opportunity and diversity in the practice of law,"" added Dell.

Global Recruiting Committee Chair Juli Wilson Marshall noted that: ""The Latham Diversity Scholars Program further enhances Latham's efforts to promote diversity in the profession. We have many ongoing initiatives such as our annual Diversity Weekend, attended by law students receiving offers from the firm, and various outreach efforts in the area of recruitment. Our firm and our clients are enriched by this diversity, which we support in so many ways, including our mentoring program.""

Biographical Sketches of the Scholarship Recipients

Eddie A. Jauregui - Eddie graduated with honors from Occidental College in 1998 with a Bachelor of Arts degree in public policy, making him the only person in his extended family to graduate from college. In 2000, he received a Master in Public Policy degree from Harvard University's John F. Kennedy School of Government. Currently at Columbia Law School, he was awarded best oral argument and best written brief in the 1L moot court competition, was a semi-finalist in the school's honors moot court competition, and presently serves as Academic Chair of the Latino Law Students Association. A native of Los Angeles and a first-generation American of Mexican descent, Eddie developed an early interest in politics and law due to his parents' labor union membership and has worked as an organizer, campaign worker, and intern for a Member of Congress. An openly gay man, Eddie has advocated for gay and lesbian civil rights and worked as a legal intern last summer for Lambda Legal Defense and Education Fund. His primary interests in the law are litigation and land use matters.
John A. Mathews II - A native of Seal Beach in Orange County, California, John graduated magna cum laude from UCLA in 2003 with a Bachelor of Arts degree in Political Science. In 2001, he studied abroad at the Universidad de Carlos III in Madrid, Spain, where he honed his Spanish language skills and studied the national culture. As an African-American who has made a personal commitment to achievement and community service, John has mentored disadvantaged youth through various programs, including UCLA Unicamp, Big Brothers of America, the Gamma Xi Scholars program, and the BLSA Learning and Mentorship Program. At Harvard, he has continued to lead via positions in the Black Law Students Association, Civil Rights - Civil Liberties Law Journal, BlackLetter Law Journal, and the Lincoln's Inn Society.
Lisa M. Pérez - Lisa's family survived the Cuban revolution and battled economic uncertainty in Puerto Rico before immigrating to the mainland United States when she was of high school age. Growing up in the rural Pennsylvania town of Murrysville, PA, she learned the challenges of diversity and applied them to activities such as the development of speaking events to spark campus-wide dialogue at the University of Pennsylvania, where she graduated in 2003 magna cum laude with a Bachelor of Arts degree in International Relations and Political Science. Working as an Intergovernmental Affairs Officer for the Commonwealth of Puerto Rico, Lisa helped facilitate dialogue between the island and the mainland. At the University of Virginia, she is part of the International Rescue Committee, which works directly with refugees to assist in securing permanent residence status.
Marla E. Stewart - Marla has taken full advantage of every opportunity presented to her to excel as a student and as a person. She funded her education at Pennsylvania State University solely through scholarships, grants and income she earned at various jobs - and graduated with high distinction in 2004 with a Bachelor of Science degree in Accounting. At Penn State, she also was a student government representative, worked as a crisis hotline specialist with a Community Help Center, and served as a Big Sister with the local Big Brother & Big Sister Foundation chapter. An African-American from Pennsylvania, she is currently at the top of her class at Cornell Law School and a member of the Cornell Law Review.
About Latham & Watkins
Latham & Watkins is a global law firm with more than 1,800 attorneys in 22 offices, including Brussels, Chicago, Frankfurt, Hamburg, Hong Kong, London, Los Angeles, Milan, Moscow, Munich, New Jersey, New York, Northern Virginia, Orange County, Paris, San Diego, San Francisco, Shanghai, Silicon Valley, Singapore, Tokyo und Washington, D.C. For more information on Latham & Watkins, please visit the Web site at www.lw.com.

Notes to the Editor
1 Latham & Watkins operates as a limited liability partnership worldwide with an affiliate in the United Kingdom and Italy, where the practice is conducted through an affiliated multinational partnership.

04-04-2006

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Jones Day, P.C.

Bernard Amory is named world’s leading regulatory communications lawyer for the second consecutive year
Bernard E Amory of Jones Day has been named the leading Regulatory Communications lawyer in the world at the 2006 Who's Who Legal Awards. This award follows similar recognition in the inaugural awards last year.

Following on from the success of the 2005 awards, Who's Who Legal has used the thousands of nominations received from clients and private practice professionals in the course of an ongoing research process to identify the pre-eminent lawyer and firm in each of the 27 practice areas covered in The International Who's Who of Business Lawyers 2006, published in March.

Managing editor Callum Campbell said: ""Once again, we are delighted to recognise Bernard Amory as the winner of the Who's Who Legal; The International Who's Who of Business Lawyers Regulatory Communications Lawyer of the Year Award. This is the second year running he has achieved this distinction, and he again received more recommendations than any other practitioner in our research. He remains the world's leading lawyer for regulatory communications expertise.""

The awards are based on a number of factors, including the feedback received in the ongoing research process, past performance in the research and the overall aggregate number of weighted votes cast in their favour. The awards are announced in the The International Who's Who of Business Lawyers, and identify the pre-eminent lawyer and firm in each of the 27 practice areas covered by the Who's Who Legal series. For the first time this year, the awards also recognise the overall leading firm in 46 countries around the world.

The International Who's Who of Business Lawyers 2006 is a compendium volume of the practice areas covered by Who's Who Legal's separate single volume publications. It is the result of ten years of independent research incorporating feedback from thousands of lawyers, and covering over 7,000 practitioners across 27 separate practice areas and over 100 countries. The book is distributed free of charge to thousands of corporate counsel and private-practice lawyers who have requested it from around the world.

According to Callum Campbell: ""It is impossible to buy entry into this publication, only lawyers who have met independent international research criteria are listed. This book represents an accurate and impartial picture of the global private practice marketplace.""

The information is also available without charge on www.WhosWhoLegal.com, and is updated on a daily basis. Who's Who Legal is the official research partner of the International Bar Association.

Notes to Editors:

Research for each practice area publication is conducted through conversations with private practice lawyers of repute in the practice area in question and in related fields, as well as with general counsel.
Subsequent telephone and face-to-face interviews are conducted internationally to permit the refining of the listing to a selection of between 100 and 500 lawyers who, by general agreement, are considered the pre-eminent lawyers in the field.
The International Who's Who of Business Lawyers 2006 acts as a reference source for purchasers of legal services seeking to corroborate the reputations of expert lawyers recommended to them by another party.
Who's Who Legal aims to reduce the short-term costs incurred in finding a lawyer, but more significantly, to minimise the transactional expense and risk of receiving poor counsel.

04-04-2006

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