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Federal court holds Texas would not recognize medical monitoring cause of action in case involving Firm client ITT Industries.
Norwood, et al. v. Raytheon, et al., the United States District Court for the Western District of Texas predicted that the Texas Supreme Court would not recognize a cause of action for medical monitoring, becoming the first federal or state Texas court to directly address that question. Plaintiffs in this putative class action sought certification of a worldwide medical monitoring class under Texas law. The class complaint was filed on behalf of former military servicemen who allege exposure to ionizing radiation emitted from radar equipment manufactured by defendants from 1958 to 1994. In granting defendants' motion to dismiss all medical monitoring claims, United States District Judge Phillip R. Martinez held, "The Court predicts that the Texas Supreme Court is not likely to adopt medical monitoring if confronted with the issue. Furthermore, the Court's decision not to allow Plaintiffs' medical monitoring claims is bolstered by the fact that recognizing medical monitoring as an independent tort would represent a radical extension of currently existing Texas law." The decision resulted in the immediate dismissal of the lead putative class representative, the Bund zur Unterstützung Radargeschädigter E.V., a German non-profit advocacy group.

01-17-2006

Simpson Thacher Leads in Sponsor-Related Acquisitions Announced in 2005

Corporate Financing Week Magazine recently prepared a chart of the 10 largest sponsor related acquisitions announced in 2005. Simpson Thacher represented a principal in 7 out of 10 of these transactions (including the three largest deals.) In five of the seven transactions in which Simpson Thacher was involved, the Firm represented the company being sold.

The accompanying PDF contains a chart showing Simpson Thacher's results in the Corporate Financing Week Magazine study.

01-17-2006

Seyfarth Shaw Adds Prominent Employee Benefits Attorneys Henry C. Blackiston and Arthur S. Meyers to Partnership
Chicago, IL (January 17, 2006) - - Seyfarth Shaw LLP, one of America’s leading full service law firms, today announced that Arthur S. Meyers and Henry C. Blackiston have joined the firm as partners in the Employee Benefits Practice Group. Meyers will be resident in the firm’s Boston office and Blackiston will be resident in New York. Previously, Meyers was a partner at Edwards Angell Palmer & Dodge. Blackiston was previously a senior partner at Shearman & Sterling in the Executive Compensation and Employee Benefits Practice Group, a group he founded and led for years.

Meyers’ practice focuses on advising publicly traded and private corporations on issues of executive compensation and employee benefits, including qualified retirement plans, welfare benefit plans, nonqualified deferred compensation, and employee stock ownership plans. He advises on the tax, corporate law, accounting, employment law and securities aspects of equity compensation plans, including nonqualified stock options, incentive stock options, restricted stock, employee stock purchase plans, and stock appreciation rights. He also negotiates and drafts executive employment, consulting, severance and change of control agreements, and provides advice on all related matters. In addition, he structures and documents nonqualified deferred compensation arrangements and their funding vehicles, including responses to 409A deferred compensation rules.

Blackiston’s practice is focused on the tax, ERISA, employment law, corporate law and SEC aspects of all types of executive compensation and employee benefits programs. He has considerable experience in negotiation and preparation of employment contracts and termination agreements for executives. He has represented a public pension plan, corporations, non-profit organizations, family offices and individuals in a broad spectrum of issues in the executive compensation and employee benefits field, including corporate downsizing and fiduciary questions relating to the establishment and management of employee benefit plans. He has also advised on the employee benefits aspects of large merger and acquisition transactions.

“We are pleased to welcome Art and Henry to the firm and to the practice group,” noted Peter C. Miller, chair of the firm’s Employee Benefits Group. “They are both very well-credentialed and well-respected in the field of employee benefits and executive compensation. They are both known as highly experienced and trusted advisors to both clients and fellow attorneys. With Art as our lead Boston benefits partner and Henry as our lead benefits partner in New York, we will have immediate additional depth and expertise to our national group. We look forward to working with them.”

Seyfarth Shaw’s Employee Benefits Group is one of the largest and most diverse employee benefits and executive compensation practices in the United States. The Group’s attorneys offer clients a wealth of experience including retirement plans, welfare benefit plans, executive compensation and incentive arrangements, employee stock ownership plans, corporate transactions and restructuring, multiemployer plans and ERISA/employee benefits litigation.

Meyers received his B.A. from the University of Michigan, and his J.D. from the University of Michigan Law School. He is the co-chairman of the Executive Committee of the National Association of Stock Plan Professionals, and serves on various Employee Benefits Committees of the American Bar Association.

“Seyfarth Shaw’s commitment to expand its employee benefits group both nationally and in Boston offers me a broad platform to grow my practice and better serve clients,” said Meyers. “I am looking forward to working closely with my new colleagues to further strengthen the presence and reputation of the firm’s employee benefits group.”

Blackiston received his A.B. from Princeton University and earned his J.D. from the University of Virginia School of Law. He is a member of the American Bar Association and the Association of the Bar of the City of New York. In addition, he has a strong commitment to pro bono work as a member and advisor to the Museum of the City of New York, as well as counsel to the Museum for African Art and International House.

"I am delighted with my new opportunity at Seyfarth Shaw," said Blackiston. "The firm's national presence and expanding focus in the New York market offers me a great platform to help grow the executive compensation and employee benefits franchise in New York - - in the same way that the firm has successfully done elsewhere."

Seyfarth Shaw has over 625 attorneys located in nine offices throughout the United States including Chicago, New York, Boston, Washington D.C., Atlanta, Houston, Los Angeles, San Francisco and Sacramento as well as Brussels, Belgium. Seyfarth Shaw provides a broad range of legal services in the areas of labor and employment, employee benefits, litigation and business services. The firm’s practice reflects virtually every industry and segment of the country’s business and social fabric. Clients include over 200 of the Fortune 500 companies, financial institutions, newspapers and other media, hotels, health care organizations, airlines and railroads. The firm also represents a number of federal, state, and local governmental and educational entities. For more information, please visit www.seyfarth.com.


01-17-2006

Seyfarth Shaw Adds Prominent Employee Benefits Attorneys Henry C. Blackiston and Arthur S. Meyers to Partnership
Chicago, IL (January 17, 2006) - - Seyfarth Shaw LLP, one of America’s leading full service law firms, today announced that Arthur S. Meyers and Henry C. Blackiston have joined the firm as partners in the Employee Benefits Practice Group. Meyers will be resident in the firm’s Boston office and Blackiston will be resident in New York. Previously, Meyers was a partner at Edwards Angell Palmer & Dodge. Blackiston was previously a senior partner at Shearman & Sterling in the Executive Compensation and Employee Benefits Practice Group, a group he founded and led for years.

Meyers’ practice focuses on advising publicly traded and private corporations on issues of executive compensation and employee benefits, including qualified retirement plans, welfare benefit plans, nonqualified deferred compensation, and employee stock ownership plans. He advises on the tax, corporate law, accounting, employment law and securities aspects of equity compensation plans, including nonqualified stock options, incentive stock options, restricted stock, employee stock purchase plans, and stock appreciation rights. He also negotiates and drafts executive employment, consulting, severance and change of control agreements, and provides advice on all related matters. In addition, he structures and documents nonqualified deferred compensation arrangements and their funding vehicles, including responses to 409A deferred compensation rules.

Blackiston’s practice is focused on the tax, ERISA, employment law, corporate law and SEC aspects of all types of executive compensation and employee benefits programs. He has considerable experience in negotiation and preparation of employment contracts and termination agreements for executives. He has represented a public pension plan, corporations, non-profit organizations, family offices and individuals in a broad spectrum of issues in the executive compensation and employee benefits field, including corporate downsizing and fiduciary questions relating to the establishment and management of employee benefit plans. He has also advised on the employee benefits aspects of large merger and acquisition transactions.

“We are pleased to welcome Art and Henry to the firm and to the practice group,” noted Peter C. Miller, chair of the firm’s Employee Benefits Group. “They are both very well-credentialed and well-respected in the field of employee benefits and executive compensation. They are both known as highly experienced and trusted advisors to both clients and fellow attorneys. With Art as our lead Boston benefits partner and Henry as our lead benefits partner in New York, we will have immediate additional depth and expertise to our national group. We look forward to working with them.”

Seyfarth Shaw’s Employee Benefits Group is one of the largest and most diverse employee benefits and executive compensation practices in the United States. The Group’s attorneys offer clients a wealth of experience including retirement plans, welfare benefit plans, executive compensation and incentive arrangements, employee stock ownership plans, corporate transactions and restructuring, multiemployer plans and ERISA/employee benefits litigation.

Meyers received his B.A. from the University of Michigan, and his J.D. from the University of Michigan Law School. He is the co-chairman of the Executive Committee of the National Association of Stock Plan Professionals, and serves on various Employee Benefits Committees of the American Bar Association.

“Seyfarth Shaw’s commitment to expand its employee benefits group both nationally and in Boston offers me a broad platform to grow my practice and better serve clients,” said Meyers. “I am looking forward to working closely with my new colleagues to further strengthen the presence and reputation of the firm’s employee benefits group.”

Blackiston received his A.B. from Princeton University and earned his J.D. from the University of Virginia School of Law. He is a member of the American Bar Association and the Association of the Bar of the City of New York. In addition, he has a strong commitment to pro bono work as a member and advisor to the Museum of the City of New York, as well as counsel to the Museum for African Art and International House.

"I am delighted with my new opportunity at Seyfarth Shaw," said Blackiston. "The firm's national presence and expanding focus in the New York market offers me a great platform to help grow the executive compensation and employee benefits franchise in New York - - in the same way that the firm has successfully done elsewhere."

Seyfarth Shaw has over 625 attorneys located in nine offices throughout the United States including Chicago, New York, Boston, Washington D.C., Atlanta, Houston, Los Angeles, San Francisco and Sacramento as well as Brussels, Belgium. Seyfarth Shaw provides a broad range of legal services in the areas of labor and employment, employee benefits, litigation and business services. The firm’s practice reflects virtually every industry and segment of the country’s business and social fabric. Clients include over 200 of the Fortune 500 companies, financial institutions, newspapers and other media, hotels, health care organizations, airlines and railroads. The firm also represents a number of federal, state, and local governmental and educational entities. For more information, please visit www.seyfarth.com.

01-17-2006

New Law Exempts Plan Loans from Bankruptcy
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which became effective on October 17, 2005, exempts loans to an employee from a tax-qualified retirement plan, such as a 401(k) plan, from the bankruptcy process. As a result, plan administrators who are notified that a participant has filed bankruptcy after October 17 are no longer required to stop payroll withholding in order to repay a plan loan, or to declare the plan loan in default.

01-17-2006

SZD Partner Named Top U.S. Health Care Attorney
Columbus, OH - Schottenstein Zox & Dunn Co., LPA (SZD) is proud to announce that Peter A Pavarini, Partner and Chair of SZD's Health Law Practice Group, has been named one of the best lawyers in the Health Care field within the U.S. Health Care Expert Guide, published by Legal Media Group.

Expert Guides reach internationally and serve as valuable sources of guidance for in-house counsel in large corporations worldwide. Attorneys are nominated by their peers and are only taken into account if their nominations are received from outside the individual's firm or alliances. Based solely on these independent nominations for excellence gathered through an exhaustive 18-month research process, Expert Guides then provide definitive, practice-specific lists of leading lawyers and advisers driving headline deals or counseling on high-profile cases.

With over 28 years of industry experience, Pavarini devotes his entire practice to the representation of hospitals, physicians, managed care companies and other health care businesses and professionals and has extensive experience in complex health care transactions, regulatory compliance, managed care and health information technology. He has also been named in the health law section of Woodward/White Inc.'s Best Lawyers in America since 1991 and in Cincinnati Magazine's Ohio Super Lawyers for the past two years.

A member of the American Health Lawyers Association and the Society of Ohio Hospital Attorneys, Pavarini has lectured extensively before professional and industry groups nationwide and has edited United States Health Care Laws and Rules for 12 consecutive years. He also serves as a director of Goodwill Columbus, the Friends of Seymour Woods and Healthcare Transaction Processors, Inc.

Pavarini received his undergraduate degree from State University of New York at Albany and his law degree from Boston College Law School.

Established in 1966, Schottenstein Zox & Dunn is one of Ohio's largest and most innovative full-service law firms. The firm has over 110 attorneys located in Columbus, Cleveland and Cincinnati and serves a diverse clientele ranging from large corporations to small, entrepreneurial and family-owned businesses. The firm offers a breadth of services focused on areas most demanded by today's businesses. For more information, please visit www.szd.com.

01-17-2006

NELL MATHEWS TO PRESENT AT DRI'S APPELLATE ADVOCACY SEMINAR
Appellate litigation is now recognized as a separate, specialized practice area apart from trial court litigation. At DRI’s sixth Appellate Advocacy Seminar, to be held March 9-10 at the Pointe Hilton Tapatio Cliffs in Phoenix, the distinguished faculty of judges, professors and practitioners will provide valuable insight on appellate practice. This seminar is designed to help appellate lawyers hone the skills necessary for success on appeal.

Nell E. Mathews is a partner at Rider Bennett where she handles a variety of business litigation including trademark registration and infringement, copyright infringement, trade secret, non-compete and injunctive relief cases. In addition to being active with DRI's Commercial Litigation Committee, Nell is a member of the Law Institute. A member of INTA, she is Chair of Rider Bennett's HIPAA Working Committee and active in the Firm's Intellectual Property, Commercial Litigation, and Labor & Employment practice groups.

01-17-2006

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