Law Firm News

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Law Firm News

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Cooley Godward Kronish LLP

Cooley Godward Expands Real Estate Practice
Cooley Godward LLP announced today that Michael S. Levinson has joined the Firm as a partner in its real estate practice group. He will be resident in Cooley’s San Diego office. He joins Cooley from the San Diego-based law firm Procopio, Cory, Hargreaves & Savitch.

“The real estate industry has always been a critical driver of the San Diego and Southern California economies,” said Fred Muto, partner-in-charge of Cooley’s San Diego office. “We are pleased that Michael has joined the Firm, and look forward to his contributions helping expand Cooley’s presence in this sector, working closely with our current real estate practitioners both within California and nationally.”

Levinson has extensive experience representing clients across all classes of real estate such as raw land, industrial and multi-family residential. He also has experience with debt financing, equity and complex joint-venture arrangements.

“Michael’s successful practice, with such high profile San Diego clients as Equastone and the City of San Diego, will further enforce Cooley’s reputation as a leading real estate advisor,” said Steve Strauss, partner, Cooley Godward. “I had the privilege of working with Michael at Procopio and his knowledge of real estate law is second-to-none.”

Levinson was with San Diego-based firm Solomon Ward from 1984 until 1991, where he was a partner in the firm’s real estate practice group. From 1991 to 2001, he was a senior executive at Marika, a San Diego-based women’s athletic apparel manufacturer with more than $1 billion in retail sales. Levinson held the positions of General Counsel, VP-Business Development, Chief Operating Officer and President prior to selling the company to a leveraged buyout group in 1998. He continued to run Marika for three years following the buyout.

Levinson received his law degree in 1981 from Stanford Law School (Order of the Coif), and was Senior Projects Editor of the Stanford Law Review. He earned his undergraduate degree with Distinction from Stanford University in 1978. He completed a clerkship with Judge William A. Norris of the Ninth Circuit Court of Appeals prior to practicing law in the private sector.

About Cooley Godward’s San Diego Office

Cooley Godward’s San Diego practice is the preeminent law office serving technology and life sciences companies, venture funds and investment banks in the Southern California region. The San Diego office represents more than 225 technology and life science companies.

About Cooley Godward

Cooley Godward is an established provider of strategic litigation and business transaction services and a recognized leader in the representation of high-growth private and public companies, financial institutions, venture capital firms and nonprofit organizations. Our singular focus on providing the highest quality legal services has enabled our clients to achieve their strategic business objectives and garnered for Cooley recognition as one of the country's leading law firms.

Cooley was recently named to The American Lawyer magazine’s 2005 “A List,” the publication’s annual ranking of “the best of the best” among the nation's top law firms. For additional information please visit www.cooley.com.

03-29-2006

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Cooley Godward Kronish LLP

Cooley Godward Expands Real Estate Practice
Cooley Godward LLP announced today that Michael S. Levinson has joined the Firm as a partner in its real estate practice group. He will be resident in Cooley’s San Diego office. He joins Cooley from the San Diego-based law firm Procopio, Cory, Hargreaves & Savitch.

“The real estate industry has always been a critical driver of the San Diego and Southern California economies,” said Fred Muto, partner-in-charge of Cooley’s San Diego office. “We are pleased that Michael has joined the Firm, and look forward to his contributions helping expand Cooley’s presence in this sector, working closely with our current real estate practitioners both within California and nationally.”

Levinson has extensive experience representing clients across all classes of real estate such as raw land, industrial and multi-family residential. He also has experience with debt financing, equity and complex joint-venture arrangements.

“Michael’s successful practice, with such high profile San Diego clients as Equastone and the City of San Diego, will further enforce Cooley’s reputation as a leading real estate advisor,” said Steve Strauss, partner, Cooley Godward. “I had the privilege of working with Michael at Procopio and his knowledge of real estate law is second-to-none.”

Levinson was with San Diego-based firm Solomon Ward from 1984 until 1991, where he was a partner in the firm’s real estate practice group. From 1991 to 2001, he was a senior executive at Marika, a San Diego-based women’s athletic apparel manufacturer with more than $1 billion in retail sales. Levinson held the positions of General Counsel, VP-Business Development, Chief Operating Officer and President prior to selling the company to a leveraged buyout group in 1998. He continued to run Marika for three years following the buyout.

Levinson received his law degree in 1981 from Stanford Law School (Order of the Coif), and was Senior Projects Editor of the Stanford Law Review. He earned his undergraduate degree with Distinction from Stanford University in 1978. He completed a clerkship with Judge William A. Norris of the Ninth Circuit Court of Appeals prior to practicing law in the private sector.

About Cooley Godward’s San Diego Office

Cooley Godward’s San Diego practice is the preeminent law office serving technology and life sciences companies, venture funds and investment banks in the Southern California region. The San Diego office represents more than 225 technology and life science companies.

About Cooley Godward

Cooley Godward is an established provider of strategic litigation and business transaction services and a recognized leader in the representation of high-growth private and public companies, financial institutions, venture capital firms and nonprofit organizations. Our singular focus on providing the highest quality legal services has enabled our clients to achieve their strategic business objectives and garnered for Cooley recognition as one of the country's leading law firms.

Cooley was recently named to The American Lawyer magazine’s 2005 “A List,” the publication’s annual ranking of “the best of the best” among the nation's top law firms. For additional information please visit www.cooley.com.

03-29-2006

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Dorsey & Whitney, L.L.P.

Dorsey Denver Attorneys Earn International Legal Industry Recognition
The international law firm of Dorsey & Whitney LLP today announced that three national and international legal industry publications have recognized two partners based in the firm’s Denver office. The attorneys are Tucker Trautman and Lee Osman.

Trautman, partner-in-charge of the Dorsey Denver office, was recognized as one of the world’s leading commercial litigators involving international disputes in The International Who’s Who of Business Lawyers and was also recognized as a “Colorado 2006 Super Lawyer” in Colorado Super Lawyer. Osman, who leads the firm’s Intellectual Property group, was recognized in Who’s Who in the West as one of the most influential people from America’s heartland.

Trautman, one of 11 Dorsey attorneys recognized by Who’s Who of Business Lawyers, was among only 102 selected nationwide in the commercial litigation area, and one of two Colorado attorneys so honored. He was also recognized in the top fifty of Colorado Super Lawyers.

“These recognitions indicate the high esteem in which Tucker and Lee are held by their peers and by the business community,” said Peter Hendrixson, Dorsey managing partner. “It speaks to the high quality of legal service Dorsey attorneys strive to provide in Colorado, the Rocky Mountain region and worldwide.

03-29-2006

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Baker Botts LLP

ABJ: Phillips Talks About \'New\' Legal Career
This week's issue of the Austin Business Journal provides a look at former Texas Supreme Court Chief Justice Tom Phillips and his ""second incarnation"" as a lawyer with Baker Botts.

In addition to a profile of Phillips, the ABJ package includes a short question-and-answer session in which Phillips said he had more employment offers after he stepped down as chief justice than he did coming out of law school.

And, he told the ABJ, he chose Baker Botts because ""it's a firm with Texas roots"" that ""enjoys an established reputation for excellence in appellate work.

03-29-2006

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Fulbright & Jaworski L.L.P.

Three Fulbright Partners Selected as Top 500 Litigators in the U.S.
Fulbright partners Linda Addison, John Bowman and Poe Leggette were named in Lawdragon magazine's ""Leading Litigators in America"" list. Of the 5,000 lawyers nominated for this honor, Lawdragon's list features the top 10% litigators from across the nation.

The Lawdragon list was created through a combination of online balloting and independent research. To select the final 500, Lawdragon's editorial staff evaluated the quality and quantity of votes, as well as each attorney's recent cases and activities. The final list was vetted to ensure a diverse geographic and practice representation.

03-29-2006

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Vinson & Elkins L.L.P.

V&E Lawyer Helps U.S. Marine Home from Iraq Adopt New Baby
Despite being only a first year lawyer at Vinson & Elkins LLP, Marcy Darsey has already assisted in some major business transactions, including helping one client purchase assets and financing of a natural gas marketing company for $150 million while working for another client on the financing of a $110 million land deal along the Gulf Coast.

But none of those deals made her as proud to be a lawyer as did the pro bono case she wrapped up this week. Thanks to Mrs. Darsey's hard work and legal skills, a U.S. Marine just home after serving in Iraq and his wife survived a bureaucratic obstacle course of multiple state and federal laws and overcame extraordinary odds to adopt a little boy whose biological parents had been deemed legally unfit.

With U.S. Marine Sgt. Alex Miller, in full military dress, standing with his wife, Amanda, in Bexar County District Court Tuesday, Judge Richard Garcia signed the final paperwork granting the couple's nearly year and a half long effort to adopt 20-month-old Garrett.

""Garrett, who has dark hair, big brown eyes and a a big dimple when he smiles, hugged Amanda's leg and legally called her 'mommy' for the first time,"" said Mrs. Darsey, a 2005 graduate of the University of Houston Law School whose husband, David, is a captain in the Texas Army Reserve and also served in Iraq. ""It was really a heartwarming and amazing scene.""

However, this was no ordinary adoption procedure, if there even is such a thing. This case was particularly complex because it involved family laws in several states spanning from Texas to North Carolina. In truth, the case was a bureaucratic nightmare that finally ended Tuesday in San Antonio

The case of baby Garrett actually began just days after he was born in June 2004. The infant was placed into foster care almost immediately after birth because his parents were jailed on drug-related charges. Not long after that, his biological mother legally waived all parental rights and responsibilities. At the same time, the State of Texas moved to have the biological father declared an unfit parent.

Meanwhile, Amanda Miller, who lives at Camp Lejeune, N.C., where her husband was based, heard from family members about the situation. Garrett's father is Amanda's cousin. Immediately, Amanda knew she wanted to help. The Millers had adopted a son a couple years earlier and had been thinking about doing it again. Amanda contacted the Texas Department of Family and Protective Services about obtaining temporary custody of Garrett as a foster parent with an eye toward officially adopting him. In May 2005, state officials flew to North Carolina with Garrett, and agreed to give the Millers temporary custody.

But there was a problem: Alex was several thousand miles away patrolling the dangerous streets of Falluja in Iraq. Texas officials raised concerns because Alex was involved in actual combat with Iraqi insurgents. The state wanted Garrett to be placed in a stable two-parent home. The issue only heightened in July 2005 when Alex's military vehicle ran over an improvised explosive device, killing a fellow Marine riding with Alex and injuring a handful of others.

During his service in Iraq, Sgt. Miller met Capt. Kevin Knox Nunnally, the son of Vinson & Elkins partner Knox Nunnally, widely regarded as one of the best civil litigators in Texas. Capt. Nunnally recommended that the Millers contact V&E to see if there was anything the law firm could do to help the couple cut through the red tape. In October 2005, the Millers received good news: Alex was coming home and the adoption proceedings would be able to move forward more quickly.

While all adoption cases take lots of time and patience, the Millers' case was complicated by the fact that they live in North Carolina and yet the State of Texas still remained the child's managing conservator. As a result, the Bexar County District Court, which maintained jurisdiction over the case, required Interstate Compact for the Placement of Children (ICPC) approval. This process of approval spanned several months and required coordinating communication between ICPC bureaus in Texas and North Carolina.

Then last month, the situation became more complicated. Sgt. Miller received orders from the Marine Corps to report for duty in April at Camp Pendleton, Calif. If the already lengthy adoption wasn't finalized before the Millers moved, they would be required to start the ICPC approval process all over again.

Mrs. Darsey, who worked on the case for three months for free, pushed for final approval from the ICPC and the Texas Department of Family and Protective Services, which was received in early March. She then informed Judge Garcia of the situation and asked the court to rule on the Petition for Adoption. The final hearing was set for Tuesday. V&E paid for the Millers to fly from North Carolina to San Antonio to be at the hearing.

""I will never forget little Garrett standing there with his parents and new brother, wearing navy blue pants, a bright blue shirt and a clip-on necktie,"" said Mrs. Darsey. ""Even though I love being a business lawyer who helps put together multimillion dollar business deals, I am so glad that V&E encouraged me to step out and do pro bono work. Part of it is exploring other areas of the law. But mostly, it is about giving back to our society. It is about helping people in need.""

Vinson & Elkins is proud to have one of the best pro bono programs in the country. In 2004, V&E lawyers spent more than 27,000 hours working for free on matters that included having juror pay increased in Texas for the first time in 51 years and getting reversed the conviction and sentence of a Texas man wrongfully convicted of murder.

03-29-2006

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Mayer Brown LLP

Illinois Appellate Court Rejects \"Compatibility\" Requirement For SUVs.
The First District of the Illinois Appellate Court, sitting in Chicago, has rejected the claim that the makers of sport utility vehicles, or SUVs, can be held liable for injuries to occupants of vehicles that collide with SUVs where those injuries are alleged to have been caused by the SUV's greater size and weight. The ruling, announced on March 23, 2006, came in an appeal in which the defendant manufacturer, General Motors Corporation, was represented by Mayer, Brown, Rowe & Maw LLP.



The plaintiff, Philip Semprini, was involved in a front-end collision with a Chevy Blazer driven by a drunk driver. He sued both the Blazer's driver and its manufacturer, General Motors. Semprini alleged that he suffered serious head injuries after the larger Blazer allegedly rode up onto his passenger sedan and caused the roof of the car to collapse downward and come into contact with his head as he was thrown forward. Advancing theories of both negligence and strict liability, he claimed that the Blazer was defective in design due to its larger size, and in particular its greater height. The trial court granted summary judgment to General Motors.



On appeal, Semprini claimed that SUVs as a class are inherently ""incompatible"" with conventionally sized passenger vehicles like his due to their greater height and weight, and that this design defect had been the cause of his injuries. Citing growing sales figures for SUVs and positing a consequent rise in the rate of injuries in SUV accidents because more and more of them are on the roads, he argued that the size disparity between SUVs and cars, which he decried as ""unnecessary,"" represented a flaw in the design of SUVs that created increased risk of injuries to passengers in cars that collide with them. Semprini further claimed that evidence that SUV manufacturers were taking steps to bring the height of SUV bumpers and energy-absorbing structures more into line with those of passenger cars demonstrated that SUVs designed without these modifications were in fact ""defective"" for tort purposes.



The appeals panel rejected this claim. It held that the greater height and weight of an SUV when compared to a passenger car were ""open and obvious"" to other drivers, and added that Semprini had failed to demonstrate that imposing a universal compatibility requirement for all vehicles in the event of collisions would benefit consumers, including those who chose SUVs based on their off-road and load carrying capabilities. In rejecting Semprini's claims of negligent design, moreover, the court confirmed that an automaker's duty to design a safe vehicle does not extend to protection of occupants of other vehicles in the event of a collision, and that there is no duty to design a vehicle with which it is safe to collide. Finally, the court also observed that steps automakers are currently taking on a voluntary basis to alter the height disparities between SUVs and cars ""cannot be held against the manufacturer.""



The case was briefed by Mayer, Brown, Rowe & Maw LLP lawyers Joel D. Bertocchi and Joshua D. Yount, and was argued by Mr. Bertocchi. The case is Semprini v. General Motors Corp., No. 1-04-3452 (Ill. App. First Dist. March 23, 2006).

03-29-2006

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