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Andrews Kurth

Andrews Kurth Appellate Practice Strengthened
HOUSTON - Andrews Kurth recently announced that Kendall M. Gray has been board certified in Civil Appeals by the Texas Board of Legal Specialization.

To receive the certification, Gray had to meet exacting requirements, including devoting his practice to civil appellate law matters for at least three of the last five years, having the requisite oral arguments before state or federal appellate courts, attending civil appellate continuing education classes, having lawyers and judges evaluate him, and passing a rigorous day-long examination, which only 27% of the applicants passed.

Gray directs Andrews Kurth's Appellate Practice Group in the firm's Houston office. Andrews Kurth's Appellate Practice Group represents appellants or appellees in all types of civil actions, handling cases from post-verdict through final appeal. Andrews Kurth has broad experience with appeals involving multimillion-dollar judgments for some of the nation's highest-profile corporations. The firm works with trial lawyers inside and outside to obtain summary judgments and other pre-trial rulings and to preserve error throughout the trial and jury charge phases of the case.

Gray has represented clients in state and federal appellate courts including the US Supreme Court, the US Courts of Appeal for the Fifth and Ninth Circuits, the Supreme Court of Texas and many intermediate courts of appeal. His practice includes a variety of complex commercial, medical malpractice and toxic tort matters as well as a particular focus in disputes involving employee benefits, managed care and ERISA. The disputes commonly require complex written and oral advocacy on such topics as ERISA preemption, federal jurisdiction, and the admissibility and reliability of scientific or medical evidence.

Active in the community, Gray is an ordained elder in the Presbyterian Church U.S.A. and attends Houston's First Presbyterian Church with his family. As a member of the Houstonian Hammerheads Cycling Team, Gray raises money to support the Lone Star Chapter of the National Multiple Sclerosis Society through the BP MS150 Bicycle Tour from Houston to Austin, for which he was among the top 300 fundraisers in 2005.

For more than a century, Andrews Kurth LLP has built its practice on the belief that "straight talk is good business." Real answers, clear vision and mutual respect define the firm's relationships with clients, colleagues, communities and employees. With more than 400 lawyers and offices in Austin, Beijing, Dallas, Houston, London, Los Angeles, New York, The Woodlands, and Washington, DC, Andrews Kurth represents a wide array of clients in all areas of business law.

01-13-2006

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Godfrey & Kahn

GODFREY & KAHN OPENS CHINA OFFICE
The law firm of Godfrey & Kahn, S.C. has announced that the Beijing Ministry of Justice has approved the firm’s license for a representative office in Shanghai, China. Godfrey & Kahn is the first Wisconsin law firm to have a physical presence and office in China. "This on-ground presence will allow the firm to serve its U.S.-based clients with in-country legal staff who have knowledge about both U.S. and Chinese law and who maintain important contacts within the Chinese business community," said Rick Bliss, Managing Partner.

Angela Rogers, a member of the firm’s Corporate Practice Group, is Godfrey & Kahn’s chief representative in China. She has lived in Shanghai for three years and was instrumental in establishing the office. Previously, Rogers worked in Godfrey & Kahn’s Milwaukee office from 1998 to 2002.

Rogers’ practice is focused on business law, secured lending and commercial transactions, corporate finance and mergers and acquisitions. From the China office, Rogers will work with other Godfrey & Kahn attorneys to:


Advise clients on possible options for establishing a business in China.
Advise clients on how to expand their current business operations in China and elsewhere in Asia.
Assist clients in drafting required documents for establishing an entity in China.
Provide research on employee retention programs and compensation for Chinese nationals.
Conduct due diligence and negotiate joint ventures between US companies and Asian companies having operations in China.
Advise U.S.-based clients on the business environment in China.
Assist U.S.-based clients in networking within the Chinese business and professional communities, and with relevant government officials.
Help U.S.-based clients establish and maintain relationships with China-based customers, suppliers and business partners.
Engage Chinese law firms on China-related matters and serve as liaison for our clients in their dealings with such firms.
Assist Chinese businesses and law firms in U.S.-related matters.
Provide "in-country" support for U.S.-based clients in their dealings with their Chinese counterparts.

Rogers graduated with distinction from the University of Iowa College of Law. She completed her undergraduate education at the University of Wisconsin-Madison, receiving her Bachelor of Arts, with distinction, in Spanish and Political Science. Rogers is a member of the Shanghai American Chamber of Commerce, the Shanghai Expatriate Professional Women's Society, the State Bar of Wisconsin, and the Milwaukee Bar Association. Godfrey & Kahn is a member of the US-China Business Council.

01-13-2006

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Fraser Milner Casgrain LLP

Joel Nitikman awarded for writing at Canadian Tax Conference
FMC is pleased to announce that Joel Nitikman was awarded The Douglas J. Sherbaniuk Distinguished Writing Award at the 58th Annual Canadian Tax Conference. This award is named after the Foundation's late director emeritus. It is conferred annually to the author of the best writing undertaken for the Foundation in the previous year. A committee of experienced tax professionals is convened to make the selection.

Joel is recognized by Lexpert as one of Canada’s leading corporate tax lawyers and AV Peer Rated (the highest possible rating) by Martindale-Hubbell. He focuses his practice on resolving tax disputes between taxpayers and federal and provincial authorities.

01-12-2006

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Warner, Norcross & Judd, LLP

Bahamian Resort Reports Theft of Data on 50,000 Customers



The 2,300-room Atlantis resort in the Bahamas has reported that the identities of 50,000 of its guests have been stolen from the resort’s computer database. According to a securities filing by the resort’s owner, the stolen information included names, addresses, credit card details, Social Security numbers, driver’s license numbers, and bank account data. I have to confess that I have never stayed at a luxury resort in the Bahamas, but I have stayed in some nice hotels. I can’t recall when I ever had to give my Social Security number, driver’s license number, and bank account data to check in. The Atlantis must be an “all inclusive” resort. “IDs of 50,000 Bahamas resort guests stolen,” http://news.com.com/IDs+of+50,000+Bahamas+resort+guests+stolen/2100-7348_3-6025591.html





Another Shipper Loses a Bank’s Customer Tape



Peoples Bank of Bridgeport, Connecticut, is notifying 90,000 customers that an unencrypted tape containing sensitive personal information about them was recently lost while being shipped by UPS to a credit reporting agency. Bank tapes with sensitive personal information about millions of customers were reported lost in 2005. Most recently ABN AMRO reported the loss of an unencrypted tape with information about 2 million customers. That tape was subsequently found in the shipper’s lost and found department. See “ABN Amro’s Bad Luck Proves Costly,” In the News, December 21, 2005.





Microsoft Taking Longer to Patch Critical Security Flaws



Brian Krebs, who blogs for the Washington Post, studied the speed with which Microsoft responds to critical security flaws in its software. He defined “critical” as a flaw that would allow a hacker to take control of a computer running the flawed software. Krebs compared circumstances in which Microsoft was responding to a flaw that had not been publicly announced to circumstances in which a third party had announced the flaw (often called an “exploit”). What he found was that Microsoft took significantly longer to respond with a patch if the exploit was not yet public and that the length of time it took to patch exploits that were not public has actually grown in the last three years. “A Time to Patch,” http://blogs.washingtonpost.com/securityfix/2006/01/a_timeline_of_m.html



According to Krebs, in 2005, Microsoft took 134.5 days to publish a patch for exploits that were not public, up from an average of three months in 2003. In cases where the exploit was publicly announced, for example by a third party security company, Microsoft responded with a patch in 46 days in 2005, 25 days more promptly than it acted in 2003.



Microsoft confirmed Krebs’ analysis and, through one of its program security managers, said that one reason why it may take longer to develop a patch is the company’s “renewed focus on ensuring that each patch comprehensively fixes the problem throughout the Window’s operating system and that each fix does not introduce new glitches in the process.” But Krebs notes that some believe that Microsoft’s failure to respond more quickly to unpublished flaws creates a heightened security risk. Krebs quotes Marc Maiffret, who is “chief hacking officer,” of eEye Digital Security:



You'd think that by taking that much longer on patches Microsoft is being more thorough, but that’s not always the case as we've seen. . . The truth is that unpatched Windows flaws have a value to the underground community, and it is not at all uncommon to see these things sold or traded among certain groups who use them by quietly attacking just a few key targets. So, the longer Microsoft takes to patch vulnerabilities the longer they are leaving customers exposed.



In his speech as part of the Calvin College January Series, Eugene Spafford, professor of Computer Sciences and a professor of Electrical and Computer Engineering at Purdue University, argued that the “culture of patching” is a major source of the security threat. He noted that the layering of patches tends to introduce new flaws that in turn have to be patched. Spafford said that 75 percent of the flaws revealed in software products result from the sloppy drafting of computer code that would not get a passing grade in an introductory course in computer science. See “Expert Bemoans State of Computer Security”, In the News, January 6, 2006.





Novia Scotia Auditor General Warns of Impact of Patriot Act



Nova Scotia’s Auditor General has expressed his concern that the province’s information about Canadian citizens could be required to be disclosed to law enforcement officials in the United States under the USA Patriot Act. He noted that backup computer tapes of several Nova Scotia government departments are maintained by a company that is a wholly owned Canadian subsidiary of a U.S. corporation. In response, the Province’s Justice Minister said he would propose a law prohibiting a data storage company in Nova Scotia from providing private information to the U.S. government. “N.S. auditor concerned citizens information could be leaked to U.S. agencies,” http://news.yahoo.com/s/cpress/20060111/ca_pr_on_na/ns_auditor_report_2.



In December, In the News linked to a report that the Canadian federal government had prepared draft guidelines that would recommend that federal databases containing sensitive information be located in Canada and only be accessible from within Canada. The guidelines would also give a federal department authority to terminate a contract if the department is presented with an order compelling the release of data about Canadians to U.S. investigators. “Canadian Government Proposes Shielding Data from Anti-Terror Investigators from U.S.,” In the News, December 12, 2005





UK Testing Body Scanning in Rail Station



The United Kingdom begins testing the use of airport-style body scanning technology today at London’s Paddington railway station. The equipment, developed by an American company, can reportedly detect hidden weapons and explosives. Special closed circuit cameras that automatically scan for suspicious behavior are also being tested. The goal is to identify effective means of scanning for threats without disrupting the millions of customers that use public transportation in London each day. “Body scanner unveiled at station,” http://news.bbc.co.uk/1/hi/uk/4600866.stm


01-12-2006

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Venable LLP

Venable’s Kevin Shepherd Elected Fellow of the American Bar Foundation
Award is latest acknowledgement of outstanding achievement for top real estate attorney


Kevin L. Shepherd, co-chair of the Real Estate Group of Venable LLP, has been elected as a Fellow of the American Bar Foundation. He joins an elite group of attorneys nationally recognized for their leadership and professional excellence.

The ABF is a national nonprofit legal institute whose research faculty concentrate on the functioning of law and legal processes, legal institutions and the legal profession. Attorneys must be nominated by their peers to be considered for membership by the ABF, and few of those make the highly selective cut of being in the top third of one percent of all lawyers in America. Of the approximately 6,000 Fellows nationwide, only one out of every 300 Maryland attorneys gains membership at a given time.

The ABF selection comes on the heels of Mr. Shepherd becoming Chair of the American Bar Association’s 30,000-member Section of Real Property, Probate and Trust Law. In addition, he is a member of the Board of Governors of the American College of Real Estate Lawyers, the ABA Task Force on Gatekeeper Regulation and the Profession, and the ABA Standing Committee on Publishing Oversight, and has served on the Character Committee of the Court of Appeals of Maryland.

“It’s a great honor to see Kevin’s efforts acknowledged by the American Bar Foundation,” said Venable Chairman Benjamin R. Civiletti. “He has worked tirelessly with the ABA and other organizations to advance the practice of real estate law, promote social justice, and encourage professional development, and is extremely deserving of this recognition.”

Mr. Shepherd joins 11 other Venable attorneys previously recognized for their roles in helping to shape legal policy through their work in voluntary associations. The firm’s current ABF Fellows – Emilio W. Cividanes, Benjamin R. Civiletti, William D. Dolan, III, James J. Hanks, Jr., John B. Howard, Thomas J. Madden, Russell R. Reno, Nell B. Strachan, Paul F. Strain, Gerard Treanor and Alan D. Yarbro – reflect a diverse range of talent, legal expertise and pro bono bar involvement, as well as their colleagues’ high esteem.

“The ABF’s scholarly research on social and legal issues is well known and highly respected,” Mr. Shepherd commented. “I am truly flattered that my contributions to the real estate bar have been recognized as significant, and I’m very pleased to be able to continue to give back to the larger legal community through involvement with the ABF.”

A magna cum laude graduate of the University of Baltimore School of Law (J.D., 1984), Mr. Shepherd has a national practice encompassing complex property acquisition and development, commercial leasing and real estate financing. He has particular expertise representing pension fund investors and real estate investment trusts (REITs) in connection with the buying and selling of commercial real estate investments. Mr. Shepherd, who also chairs Venable’s Finance Committee, is a frequent lecturer and writer on topics ranging from real estate issues to law firm economics.



As one of The American Lawyer's top 100 law firms, Venable LLP has lawyers practicing in all areas of corporate and business law, complex litigation, intellectual property and government affairs. Venable serves corporate, institutional, governmental, nonprofit and individual clients throughout the U.S. and around the world from its headquarters in Washington, D.C. and offices in Maryland, New York and Virginia. For more, visit www.venable.com.


01-12-2006

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Venable LLP

Venable’s Kevin Shepherd Elected Fellow of the American Bar Foundation
Kevin L. Shepherd, co-chair of the Real Estate Group of Venable LLP, has been elected as a Fellow of the American Bar Foundation. He joins an elite group of attorneys nationally recognized for their leadership and professional excellence.

The ABF is a national nonprofit legal institute whose research faculty concentrate on the functioning of law and legal processes, legal institutions and the legal profession. Attorneys must be nominated by their peers to be considered for membership by the ABF, and few of those make the highly selective cut of being in the top third of one percent of all lawyers in America. Of the approximately 6,000 Fellows nationwide, only one out of every 300 Maryland attorneys gains membership at a given time.

The ABF selection comes on the heels of Mr. Shepherd becoming Chair of the American Bar Association’s 30,000-member Section of Real Property, Probate and Trust Law. In addition, he is a member of the Board of Governors of the American College of Real Estate Lawyers, the ABA Task Force on Gatekeeper Regulation and the Profession, and the ABA Standing Committee on Publishing Oversight, and has served on the Character Committee of the Court of Appeals of Maryland.

“It’s a great honor to see Kevin’s efforts acknowledged by the American Bar Foundation,” said Venable Chairman Benjamin R. Civiletti. “He has worked tirelessly with the ABA and other organizations to advance the practice of real estate law, promote social justice, and encourage professional development, and is extremely deserving of this recognition.”

Mr. Shepherd joins 11 other Venable attorneys previously recognized for their roles in helping to shape legal policy through their work in voluntary associations. The firm’s current ABF Fellows – Emilio W. Cividanes, Benjamin R. Civiletti, William D. Dolan, III, James J. Hanks, Jr., John B. Howard, Thomas J. Madden, Russell R. Reno, Nell B. Strachan, Paul F. Strain, Gerard Treanor and Alan D. Yarbro – reflect a diverse range of talent, legal expertise and pro bono bar involvement, as well as their colleagues’ high esteem.

“The ABF’s scholarly research on social and legal issues is well known and highly respected,” Mr. Shepherd commented. “I am truly flattered that my contributions to the real estate bar have been recognized as significant, and I’m very pleased to be able to continue to give back to the larger legal community through involvement with the ABF.”

A magna cum laude graduate of the University of Baltimore School of Law (J.D., 1984), Mr. Shepherd has a national practice encompassing complex property acquisition and development, commercial leasing and real estate financing. He has particular expertise representing pension fund investors and real estate investment trusts (REITs) in connection with the buying and selling of commercial real estate investments. Mr. Shepherd, who also chairs Venable’s Finance Committee, is a frequent lecturer and writer on topics ranging from real estate issues to law firm economics.



As one of The American Lawyer's top 100 law firms, Venable LLP has lawyers practicing in all areas of corporate and business law, complex litigation, intellectual property and government affairs. Venable serves corporate, institutional, governmental, nonprofit and individual clients throughout the U.S. and around the world from its headquarters in Washington, D.C. and offices in Maryland, New York and Virginia. For more, visit www.venable.com.

01-12-2006

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Townsend & Townsend & Crew LLP

California Court of Appeal Upholds Settlement in $1.1 Billion Microsoft Consumer Class Action Case
Approval of 2003 Settlement in Lower Court Signals Final Victory for California Consumers and Public Schools

SAN FRANCISCO, JANUARY 12, 2006 – The landmark $1.1 Billion Microsoft Class Action Settlement in Lingo v. Microsoft first approved by the trial court in San Francisco in 2003, has been approved by a unanimous decision of the Court of Appeal of the State of California, First Appellate District, Division One.

Background
Townsend and Townsend and Crew represented California consumers in the Lingo case, which consolidated a series of class action lawsuits alleging that Microsoft violated California's antitrust and unfair competition laws. In 2003, Microsoft agreed to settle the dispute by paying up to $1.1 billion to consumers and businesses who purchased Microsoft® operating system, productivity suite, spreadsheet or word processing software between Feb. 18, 1995, and Dec. 15, 2001, for use in California (the "Settlement"). The Settlement was approved by the Superior Court for the City and County of San Francisco.

The terms of the Settlement require Microsoft to provide consumers with vouchers which can be redeemed for cash upon the purchase of any manufacturer's desktop, laptop and tablet computers, any software used with those computer products and specified peripheral devices for use with computers. Two-thirds of any unclaimed Settlement proceeds will be donated to California's most needy public schools in the form of Microsoft educational and productivity software as well as vouchers for the purchase of computer equipment, professional development services and non-Microsoft software.

New Court of Appeal Decision
The Settlement was challenged in late 2003 by Charles Q. Jakob, a member of the class, who objected to the unclaimed vouchers being distributed to low-income public schools and appealed the trial court's approval of the Settlement to the California Court of Appeal, which has now upheld the original Settlement.

The Court of Appeal was unequivocal in its approval of the lower court's decision that the Settlement was "fair, adequate and reasonable" to the members of the class, which is the legal standard for approving such settlements.

The Court of Appeal declared that the Settlement achieved the purposes of California's Antitrust statute to (1) compensate injured class members and (2) promote deterrence of future violations of the antitrust laws. In addition, the Court held that providing unclaimed vouchers to low-income public schools "addresses an important educational need in California" that will benefit all of its citizens. The California Department of Education estimates that the Settlement will benefit 5,112 public schools in California, serving 3.6 million students.

"We are gratified by the court's thoughtful and thorough decision in this case, which represents the culmination of an effort that started in 1999," remarked lead counsel Eugene Crew. "This decision not only validates our years of hard work - it ensures that both the consumers and the schools will finally benefit from the Settlement - which has always been our ultimate objective."



01-12-2006

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