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Fulbright & Jaworski L.L.P.

Fulbright Retired Partner Carl Vogt Receives National Aeronautic Award
WASHINGTON, D.C. -- The international law firm of Fulbright & Jaworski L.L.P. announces that Carl Vogt, a retired partner in the firm’s Washington, D.C. office, received the National Aeronautic Association (NAA) Elder Statesman of Aviation Award. The NAA is the oldest aviation association in the United States and the Elder Statesman of Aviation Award is given each year to individuals who have contributed significantly to the field of aviation in their careers. Vogt received the award “...in recognition of significant and enduring contributions over the years to the progress of aeronautics, and demonstrated qualities of patriotism, integrity, and moral courage worthy of emulation.”

“Receipt of the NAA Statesman Award is a reflection of Carl’s outstanding contributions to the aviation field and his remarkable leadership abilities,” said Joseph Small, partner-in-charge of the Washington, D.C. office. “We are very proud of Carl for his many contributions while in public service and to the firm.”

Vogt, a U.S. Marine Corps carrier-based jet fighter pilot, is Chairman Emeritus of the American Bar Association Forum on Air and Space Law. He was appointed by President George H. W. Bush and confirmed by the U.S. Senate in 1992 as a member and as chairman of the National Transportation Safety Board (NTSB). To accept this appointment, Vogt resigned his position as a senior partner and partner-in-charge of the Washington, D.C. office of Fulbright & Jaworski L.L.P. Vogt rejoined Fulbright in 1994 as a senior partner in the Washington, D.C. office and resumed his practice in civil litigation, federal regulation, arbitration and employment law.

Vogt previously served as a director of the National Railroad Passenger Corporation (AMTRAK) and was a member of the Federal Aviation Administration’s (FAA) Aviation System Capacity Advisory and Safety Review committees. He was appointed by President Clinton to serve on the White House Commission on Aviation Safety and Security.

Vogt is Governor Emeritus and immediate past chair of the Flight Safety Foundation (FSF), an independent, non-profit, international organization engaged in research, auditing, education, advocacy and publishing to improve aviation safety. In 2004 he received the FSF Presidential Citation for outstanding service for the furtherance of international aviation safety. The Foundation’s mission is to pursue the continuous improvement of global aviation safety and the prevention of accidents.

01-26-2006

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Fowler, White, Boggs & Banker, Attorneys At Law

Fowler White Boggs Banker is proud to announce that Robert E. Geisler has been re-certified by the National Board of Trial Advocacy and has been re-certified as a Board Certified Trail Lawyer by the Board of Legal Specialization and Education of The Flori
Fowler White Boggs Banker is proud to announce that Robert E. Geisler has been re-certified by the National Board of Trial Advocacy and has been re-certified as a Board Certified Trail Lawyer by the Board of Legal Specialization and Education of The Florida Bar as a trial lawyer.

Mr. Geisler is a shareholder with Fowler White Boggs Banker and concentrates his practice by representing individual and corporate clients throughout Florida including the defense of product liability, toxic tort, premises liability and professional malpractice claims. Practice includes the defense of mass tort claims, medical device litigation, class action and multi-district litigation.
Fowler White Boggs Banker is one of Florida's oldest and largest law firms with more than 200 attorneys in nine offices in Tampa, St. Petersburg, Ft. Myers, Tallahassee, Orlando, Naples, West Palm Beach, Bonita Springs, and Jacksonville.

01-26-2006

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Foley Hoag LLP

Massachusetts Superior Court Allows Plaintiff to Proceed to Trial on a Claim of Breach of an Employee Handbook
We want to alert you to a recent decision by a Massachusetts Superior Court, which
represents a significant departure from the established law in Massachusetts regarding employee
handbooks. For many years, Massachusetts appellate courts have recognized that, in order to
avoid creating a contract of employment through an employee handbook, an employer need only
include a prominent statement, disclaiming any intent to form a contract and notifying employees
that it retains the unilateral right to change any of the manual’s terms. However, in Ortega v.
Wakefield Thermal Solutions, a Superior Court judge rejected that principle, finding that the
employer’s reliance on a disclaimer to defeat a former employee’s claim of breach of contract
was the equivalent of having “one’s cake and eating it too,” and that the plaintiff was entitled to
have a jury hear his claim based on the employee handbook. While we hope that Ortega is an
outlier decision, it is a reminder to all employers to regularly review their employee handbooks
to ensure that they do not make promises that they do not wish to keep.
In Ortega, the plaintiff’s employer, Wakefield Thermal Solutions (“Wakefield”),
maintained an employee handbook. The handbook contained a statement that “[t]he policies and
procedures contained in this manual are not terms and conditions of your employment, nor a
contract, and the manual is not a contract or an offer to enter into a contract.” Further, the
handbook provided that employment was at-will and that the company reserved the right to
terminate any employee at any time with or without notice. However, the handbook also
provided that employees generally would be given advance notice of performance problems and
set forth a progressive discipline procedure, whereby employees would first receive a verbal
warning, then a written warning, then a 3-day suspension and, finally, termination.
The plaintiff, Jose Ortega, was a long-term employee of Wakefield. In 2001, Ortega
received a copy of the handbook. In April 2002, Ortega went on vacation to the Dominican
Republic and was scheduled to return to work on April 23, 2002. On April 22, 2002, Ortega
notified his supervisor that he had missed his flight home and that the next available flight was
not until three days later. On April 26, 2002, Ortega returned to work. Wakefield terminated

01-26-2006

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Flaster Greenberg

Attorney Matthew T. Stanger Joins Flaster/Greenberg's Real Estate Practice Group
Attorney Matthew T. Stanger has recently joined Flaster/Greenberg P.C. as an associate in the Real Estate Practice Group, concentrating his practice in land use and real estate development.

Prior to joining the firm, he was an associate at Porzio, Bromberg & Newman in Morristown, NJ where he handled transactional real estate matters involving contract negotiations and disputes, and management of land use cases. Before entering the legal profession, Stanger was an engineer and manager for Applied Water Management, Inc., where he designed wastewater disposal systems, coordinated septic system certifications and performed construction inspections. Admitted to practice in New Jersey and New York, Stanger is a graduate of Rutgers University School of Law-Camden (J.D. 2004), and Rutgers University, College of Engineering, (B.S., Bioenvironmental Engineering, 1996). A resident of Springfield, NJ, he is a member of the New York State Bar Association.

01-26-2006

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Littler Mendelson, P.C.

Preserve It or Lose It: The Significance of Document Retention to the Successful Defense of Employment Claims
Heng Chan et al. v. Triple 8 Palace, 2005 U.S. Dist. LEXIS 16520 (S.D.N.Y. August 11, 2005)

The plaintiffs sued their employer for failing to pay minimum wages, overtime and tips. The lawsuit was filed in August 2003, but the employer did not take any steps to preserve documents until the plaintiff served discovery requests in January 2004.

Plaintiffs eventually learned the employer had discarded relevant documents, including documentation about tips, receipts from large parties, notebook entries showing each day's luncheon receipts, as well as tip distribution sheets identifying how each day's tips were shared among the employees. These documents were discarded periodically pursuant to the restaurant's longstanding practices.

Not surprisingly, the plaintiffs brought the issue of "spoliation" (i.e., the destruction or alteration of evidence or the failure to preserve evidence) before the district court in a motion for default judgment and sanctions. In deciding the motion, the Magistrate noted that the restaurant could have stopped its practice of recording such information once the litigation began, but when it continued to record this relevant information, it was required to retain that information during the case. The Magistrate determined that the restaurant's failure to establish any document retention policy at the beginning of the lawsuit was gross negligence and that this negligence permitted the destruction of evidence once the lawsuit was filed.

The Magistrate, however, denied the plaintiffs' motion because he did not believe "extreme circumstances" existed to warrant such a drastic remedy. The restaurant did produce some relevant information regarding the distribution of tips and there was no evidence that the restaurant acted deliberately or understood the significance of the information it discarded. The Magistrate also denied plaintiffs' request that the restaurant be prohibited from presenting evidence at trial that it complied with federal and state law.

On the other hand, the Magistrate ruled that the jury could draw an adverse inference against the restaurant that the evidence it destroyed would have been favorable to the plaintiffs. Furthermore, the Magistrate sanctioned the employer by awarding attorneys' fees and costs. The Magistrate concluded by stressing "how serious a risk a party runs when it destroys documents relevant to ongoing litigation."

This case stands as an important warning of the significant liability an employer faces when it fails to address the issue of document retention at the first notice of an employment claim. In fact, the duty to retain relevant information may well attach before an administrative or court proceeding is filed, such as when an employee raises an internal complaint or a lawyer sends a demand letter to an employer on an employee's behalf.

To avoid the risks of a spoliation claim, employers must establish procedures to promptly instruct all necessary parties about the obligation to retain relevant documentation, including e-mails. Employers should require all individuals with have possibly relevant documentation to turn over that information to in-house counsel, human resources and/or a loss prevention division. Employers can then identify and maintain those documents which it might have to produce in a lawsuit. Employers should then work closely with counsel to monitor compliance with this directive and to periodically remind individuals about their document retention responsibilities.

01-26-2006

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Drinker Biddle & Reath LLP

HP Chooses Drinker Biddle's Jeff Fromm as Chief IP Counsel
PHILADELPHIA, PA (January 25, 2006) – The law firm of Drinker Biddle & Reath LLP is delighted to announce that its client, Hewlett-Packard Company, has chosen Drinker lawyer Jeffery (Jeff) Fromm to become HP’s Vice President, Deputy General Counsel and Director of Intellectual Property. In his new role, Mr. Fromm will be responsible for HP’s worldwide intellectual property legal strategies and for managing the Intellectual Property Section of HP’s legal department. Mr. Fromm, who has practiced at Drinker since 2002, spent the preceding 32 years in a variety of roles at Hewlett-Packard.

“Drinker has been a great place to practice law,” said Mr. Fromm, “but the chance to return to HP in this immensely challenging role was too difficult to pass up.” Alfred Putnam, Drinker Biddle’s chairman noted that, “We’re always flattered when our most respected clients look to us for legal talent – it’s a great compliment to Jeff and to our firm. We know Jeff will be a tremendous success at HP, as he was at Drinker.”

Drinker Biddle & Reath LLP, a full service law firm with more than 60 lawyers practicing in intellectual property, represents some of America’s leading businesses from its offices in Philadelphia, Washington, D.C., San Francisco, Los Angeles, New York, Chicago, Florham Park and Princeton, NJ, Berwyn, PA and Wilmington, DE.

01-26-2006

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Dla Piper Rudnick Gray Cary Us, LLP

DLA Piper recruits leading China corporate finance lawyer Rocky Lee for its Beijing practice
Beijing - DLA Piper Rudnick Gray Cary ("DLA Piper") today announced the appointment of venture capital, private equity and IT and telecommunications specialist, Rocky Lee as the head of its Venture Capital and Private Equity practice in China. He is a California qualified lawyer and veteran of China venture capital and high technology matters.

Rocky has worked extensively on China venture capital matters and represents some of the best- known China venture capitalists. His active involvement in the China venture community has led to numerous accolades and recognitions.

Rocky's main areas of expertise include corporate finance, foreign direct investments, Sino-foreign joint ventures, M&A, securities, telecommunications, IP transactions, and new media. His experience of China law ranges from technology and IT matters to outsourcing, regulatory commercial and capital market transactions. Rocky is an expert on China's emerging growth sectors and high technology and is a regular press commentator on these issues. In 2005, Rocky was recognised by Asia Law & Practice as a leading business lawyer in the fields of venture capital and private equity and IT and telecommunications in China. He is also a recognised authority on PRC foreign exchange regulations and PRC cross-border transaction restructuring matters.

"With Rocky on board, we are better able to exploit the full potential of our Silicon Valley strength in Asia and meet the expectations of our global venture and technology clients," said Nick Seddon, Managing Partner of DLA Piper Asia. Rocky's appointment is a significant boost to DLA Piper's China venture and private equity practice, which is already one of largest in China.

Matt Adler, a corporate partner in the Beijing office, commented: "It is terrific to have Rocky, a top choice of our existing and prospective clients, join us. His joining will only further strengthen our venture and technology practice in Asia."

"Rocky has recognised expertise in his areas of practice and we are confident that we now have one of the top venture and TMC practices in Asia," said Jingzhou Tao, managing partner of DLA Piper's Beijing office.

Prior to his appointment, Rocky worked in the Beijing office of Lovells. Rocky holds a JD from the University of California Los Angeles School of Law, and a bachelor degree from the University of California Berkeley with High Honors.

01-26-2006

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