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Spacapan Appointed to Vice Chair of DRI Toxic Tort and Environmental Law Committee
Jenner & Block Partner Lise T. Spacapan was recently appointed to serve as Vice Chair of the Toxic Tort and Environmental Law Committee of the DRI, the largest defense bar association in the country.

According to the DRI, the primary objective of the Toxic Torts and Environmental Law Committee is “to provide members with the most current and reliable scientific, medical and legal information available.” The Committee fulfills this role through its annual seminar, an expert witness information sharing network, an electronic newsletter and by connecting practitioners with a vast network of accomplished defense attorneys.

Ms. Spacapan also serves as the Program Chair for the 2008 DRI Toxic Torts and Environmental Law Seminar to be held in New Orleans on February 28-29. The seminar focuses on both basic and cutting-edge scientific, medical, forensic and legal issues involved in toxic tort and environmental law claims. As an ongoing supplement to the annual seminar, the Committee publishes an electronic newsletter and a dedicated issue of For The Defense that features comprehensive, relevant and informative articles on a wide range of subjects for the environmental law practice.

Ms. Spacapan is Co-Chair of the Firm’s Products Liability and Mass Tort Defense Practice. Ms. Spacapan’s broad litigation experience handling cases involving complex technical issues enables her to develop the engineering or scientific defense to a case, and she has successfully defended the manufacturers of prescription drugs, vaccines, medical devices, chemicals, automotive products, insecticides, building and industrial products.

09-11-2007

Energy Transfer Partners Acquires Midstream Assets in Piceance-Uinta Basin
Davis Polk & Wardwell is advising Metalmark Capital on its sale of assets owned by Canyon Gas Resources, LLC to Energy Transfer Partners, L.P., a publicly traded partnership owning and operating a diversified portfolio of energy assets. Metalmark Capital is an independent private equity firm.

According to the terms of the agreement, Energy Transfer Partners will acquire the gas gathering assets of Canyon Gas Resources located in the prolific Piceance-Uinta Basin in Colorado and Utah. The financial terms of the transaction were not disclosed.

The Davis Polk corporate team includes partner John A. Bick and associate James E. Elworth. Partner Michael Mollerus and associate Raymond J. Holst are providing tax advice. Counsel George R. Ince Jr. is providing employment advice. Counsel Betty Moy Huber is providing environmental advice. All members of the Davis Polk team work in the New York office.

09-11-2007

United Healthcare Reaches Landmark Multi-State Settlement Involving Claims Payment Services
United Healthcare will pay up to $20 million and implement an extensive process improvement plan under a multi-state settlement to resolve allegations concerning the company’s claims payment services.

Background

The settlement was recently announced by insurance regulators from the five states that led negotiations with United Healthcare – Iowa, Arkansas, Connecticut, Florida and New York. The settlement is the culmination of an investigation into complaints about United Healthcare’s claims practices. According to a press release posted by the New York State Department of Insurance, the investigation uncovered numerous alleged problems, including not applying fee schedules and deductibles correctly, violating prompt pay rules, and being unable to correct problems pointed out by state regulators.

Thirty-six states and the District of Columbia have signed on to the settlement agreement. More than $13 million will be immediately distributed to the participating states. New York will receive the largest share, about $3.7 million. United Healthcare also has agreed to adhere to a detailed three-year process improvement plan for their claims payment system with quarterly reviews and yearly benchmarks. United Healthcare could face additional penalties of up to $20 million if it fails to meet the annual process improvement benchmarks.

The Impact

This is believed to be the first time that this many states have agreed to a global market conduct settlement with a process improvement plan. Regulators hope to use this settlement as the model for future actions against national companies that do business in multiple states. It allows states to maximize their efforts with complicated and far-reaching issues such as allegations of improper payment services. Managed care companies doing business in multiple states need to be aware of the regulatory authorities’ intent to join forces to monitor claims practices and conduct similar investigations.

09-11-2007

Baltimore Office Hits a Homerun for Children
McGuireWoods, Bank of America and the Baltimore Orioles were primary sponsors for the second annual “Brian's Baseball Bash” fundraiser benefiting the University of Maryland Hospital for Children. The event was hosted by All-Star Orioles 2nd baseman Brian Roberts and was held on August 26th at the ESPN Zone in Baltimore. Over 600 people were in attendance at this year’s sold-out event, including many McGuireWoods attorneys, staff, clients and their respective guests. In addition, many of Brian’s fellow teammates, management and veteran players came out to support the cause. Partner Jennifer Stearman, the event co-chair, received special recognition from host Brian Roberts and hospital officials for McGuireWoods’ participation and its commitment to the Hospital for Children. Nearly $200,000 was raised by the event to support programs at the Hospital for Children. “Under Jen Stearman’s leadership, the 2007 Bash was a smashing success. I'm proud to have the firm associated with the University of Maryland Hospital for Children,” concluded Alan Cason, managing partner of the Baltimore office.

09-11-2007

WilmerHale Continues to Strengthen and Strategically Expand Its FDA Regulatory Practice With Seasoned PhRMA Attorney
WilmerHale is pleased to announce that Scott Lassman has joined the firm as a partner in its Washington, DC office. Mr. Lassman, the 2007 recipient of the prestigious PhRMA Board of Directors Exceptional Service Award, will add his broad regulatory and policy expertise to a growing Food & Drug Administration (FDA) practice at WilmerHale.

Prior to joining WilmerHale Mr. Lassman served as Senior Assistant General Counsel for the Pharmaceutical Research and Manufacturers of America (PhRMA), the leading trade association for the research-based pharmaceutical industry, where he was responsible for all FDA regulatory and policy matters. Mr. Lassman played a leading role in negotiating the $400 million Prescription Drug User Fee Act (PDUFA) agreement with FDA, which is currently under consideration by Congress. Mr. Lassman also coordinated the development of industry policies, comments and testimony to FDA and Congress on drug safety, direct-to-consumer (DTC) advertising, the PhRMA Marketing Code, clinical trial disclosure, anti-counterfeiting strategies, Citizen Petitions, and implementation of the Hatch-Waxman provisions of the Medicare Modernization Act. He also provided counseling for PhRMA’s Scientific & Regulatory Affairs Department.

Mr. Lassman’s strong policy background at PhRMA is complemented by more than ten years of experience in private practice solving complex FDA legal and regulatory issues for clients. Prior to his work at PhRMA, Mr. Lassman was a partner at Kleinfeld, Kaplan and Becker (KKB) where he represented clients in civil and criminal matters regarding the regulation of pharmaceuticals, medical devices, foods, cosmetics, dietary supplements and related medical and consumer products. He developed significant litigation experience against the FDA while with KKB, including successfully obtaining preliminary and permanent injunctive relief in drug and device cases. His expertise includes drug and device product approval, pharmaceutical lifecycle management and advertising and promotional issues. He began his career as an associate in the FDA practice at Hogan & Hartson specializing in the regulation of medical devices.

“Scott brings a unique capacity to our growing FDA practice. Coming from the pharmaceutical industry association, Scott is intimately aware of the legal and regulatory challenges and the difficult political environment confronting our clients. They will certainly benefit from his regulatory acumen and expertise,” said James Czaban, chair of WilmerHale’s FDA Department.

Mr. Lassman is a frequent expert commentator to the news media on FDA regulatory and policy issues. He has appeared on radio and television programs such as NPR’s Talk of the Nation and CNBC and has been extensively quoted in national newspapers and magazines, including the Washington Post, New York Times, Boston Globe, Forbes and Newsweek. In addition, he currently serves on the Drugs and Biologics Committee of the Food and Drug Law Institute (FDLI) and, while at PhRMA served as the Appellate Complaints Officer for the IFPMA marketing code and as the pharmaceutical industry representative on the National Association of Boards of Pharmacy’s National Drug Advisory Coalition. Earning his BA from Yale University, Mr. Lassman attended the University of Texas at Austin for his masters in philosophy and received his JD from the University of Virginia School of Law.

In addition to Mr. Lassman, Rita K Warfield recently joined the firm’s FDA Department as an associate from Gibbons, P.C., where she represented pharmaceutical and medical device clients in FDA regulatory compliance matters and in connection with clinical trial agreements and product development collaboration agreements. “Scott and Rita are the most recent, but certainly not the last additions to our FDA Department as we continue to expand to meet the regulatory needs of the firm’s extensive base of clients in the Life Sciences industries,” added Mr. Czaban.

09-11-2007

WilmerHale Assists Ceradyne, Inc. in Obtaining Antitrust Approval for its Acquision of EaglePicher Boron
A team of WilmerHale antitrust lawyers assisted client, Ceradyne, Inc., in obtaining antitrust approval for its aquisition of EaglePicher Boron.

Ceradyne manufactures Boral, a boron-infused aluminum that is used in storage casks for spent nuclear fuel rods as a neutron absorber and also distributes a boron-infused metal matrix composite manufactured by Alcan that has similar uses. EaglePicher manufactures borated aluminum, which is also used as a neutron absorber.

The Department of Justice conducted a detailed investigation into whether Ceradyne’s acquisition of EaglePicher would impermissibly lessen competition. The Department asked the parties to provide extensive documents and information and looked carefully at whether foreign competitors can supply U.S. customers and at how the Nuclear Regulatory Commission’s process for licensing storage casks for spent nuclear fuel rods affects competition before allowing the transaction to proceed. WilmerHale worked closely throughout the process with Ceradyne’s outside general counsel, Stradling, Yocca, Carlson & Rauth.

09-11-2007

White & Case Expands CIS Energy Practice with New Partner Arrival in Almaty
White & Case is expanding its successful CIS energy practice with the arrival of Walter Daniel, who will be a local partner in the Firm's Almaty office. Walter's arrival in Almaty will broaden the Firm's on-the-ground coverage for clients in Kazakhstan, with White & Case already being one of only a handful of international law firms with a physical presence there. It will also further strengthen the Firm's CIS energy practice, which is led by partner Marc Polonsky from the Firm's Moscow office. White & Case's first tier CIS energy practice focuses primarily on Russian and Kazakhstan projects, but is also expanding into the other oil and gas producing nations of Central Asia.

Walter has extensive experience in the energy sector, with a particular focus on the oil and gas industry. Prior to joining White & Case, he was legal counsel and compliance manager at a large international oil and gas exploration and production company, working in both the UAE and Libya. Walter began his career at a large US law firm, working in Moscow, Russia and Houston, Texas.

"Having Walter on the ground in Almaty will enhance our ability to provide top-quality service to clients here," commented Yuriy Maltsev, Executive Partner of White & Case in Almaty. "His first-hand industry experience will be a great asset to our CIS energy practice and help us keep up with growing client needs in a high-potential market. We are very happy to have him on the team."

09-11-2007

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