Law Firm News

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Law Firm News

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Collier, Shannon & Scott, P.L.L.C.

Kelley Drye Obtains Dismissal of FLSA Collective Action on Behalf of Goodwill Industries
Kelley Drye achieved a major victory for Goodwill Industries, when the federal court for Eastern District of New York dismissed a class action lawsuit which had been brought against Goodwill, alleging violations of the Fair Labor Standards Act ("FLSA") and New York State Labor Law. The Plaintiff, a store manager at one of Goodwill's retail locations, had been fired after failing to pass probation. He brought suit on behalf of himself and "all former and current Goodwill Store Managers," claiming that they had been "misclassified," were not in fact "exempt" executives under the law, and were thus entitled to overtime compensation.

Kelley Drye first convinced the court that plaintiff's counsel should not be permitted to send out class notices to any other Goodwill managers, until after the issue of the Plaintiff's exempt status was decided. Once that discovery was completed, and it was clear that Plaintiff was in fact 'exempt', had very minimal damages, and that no one else was likely to come forward to join the suit, Goodwill made an Offer of Judgment to Plaintiff. After the Plaintiff rejected the offer, Goodwill moved to dismiss, arguing that the action should be dismissed because plaintiff was exempt, and that the rejection of the Offer of Judgment mooted the FLSA claims. Since no other putative class members had come forward, Judge Wexler of the Eastern District agreed with Goodwill, and dismissed the action in its entirety, finding the Plaintiff had no individual claim. The use of an Offer of Judgment to 'moot' a potential FLSA class action is a relatively new tactic, that has now been successful in this and several other cases.

04-26-2007

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Clausen Miller PC

Mark Zimmerman Authors "Thoughts From the Insurer Side of the 'v.'
Mark Zimmerman was recently invited by Aspatore Books to author a chapter for a book addressing strategies for resolving insurance coverage disputes. The book, titled Insurance Dispute Resolution Proceedings--Leading Lawyers on Strategies for Insurance Litigation, Settlements and Negotiations of Coverage Disputes, is a compilation of essays and practical advice from insurance coverage counsel throughout the United States. Mark's chapter, titled Thoughts From the Insurer Side of the 'v.' offers insight from the insurer perspective as to the sources of insurance coverage disputes as well as practical advice on how to effectively resolve those disputes.

04-26-2007

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Clark Hill PLC

Clark Hill Attorney Timothy D. Wittlinger To Present At The American Conference Institute’s Law Firm Forum June 26 In Chicago
Clark Hill Attorney Timothy D. Wittlinger will present at the American Conference Institute’s Regional and Mid-Size Law Firm Forum June 26 at the Swissotel in Chicago. This year’s conference is entitled “Increasing Profitability through Effective Recruitment, Retention, Marketing & Management.” Wittlinger will present “Tackling the Unique Risk Management Issues of the Mid-Size Firm,” along with attorneys Daniel D. Tostrud (Hermes Sargent Bates), William Levit (Godfrey & Kahn), and Michael Prince (Carrington Coleman).

Wittlinger’s presentation will examine preventing conflicts of interest, staffing on budget, developing a firm culture of risk management, and how to protect your law firm from risks by conducting background checks and financial due diligence on potential clients. More information on the conference (including pricing and registration) can be obtained from www.americanconference.com/midsize

Wittlinger has been practicing law for more than 40 years, and is a member in the Birmingham office of Clark Hill PLC, where he specializes in commercial and complex litigation. His particular specialty is technical contract litigation involving defective products, breach of warranty claims, and other matters involving interface with technical experts and engineers. He gained such technical expertise while studying engineering at Purdue University. Additionally, Wittlinger serves as the firm’s General Counsel.

Wittlinger has represented owners and contractors in complex construction cases, both in litigation and arbitration. He has been involved in a number of real estate litigation matters. He has had experience in products liability matters involving injury and death to plaintiffs as a result of defective products or improper industrial operations.

Wittlinger maintains a professional responsibility and professional liability practice, specializing in ethics, the rules of professional conduct, risk management and attorney liability issues. He is General Counsel to the firm. He has spoken and written on legal ethics and professional responsibility for the Association of Professional Responsibility Lawyers (APRL) and the Institute for Continuing Legal Education. In the professional liability area, Wittlinger has represented both plaintiffs and defendants in medical, legal and accounting malpractice suits.

Wittlinger also has an extensive alternative dispute resolution practice. He serves as a case evaluator for the Oakland County Circuit Court, and has been appointed a special mediator by the court in connection with a number of complex litigation cases.

Wittlinger often lectures on legal matters. He has participated in both live and videotape seminars for the Institute of Continuing Legal Education, the National Business Institute, the Federal Bar Association and the Center for International Legal Studies (CILS).

He has been a lecturer in the Student Trial Advocacy Program at Wayne State University Law School and serves each year as a volunteer "judge" for the Moot Court Program at the University of Michigan Law School. He has written on the Michigan Court Rules for the Michigan Bar Journal, and authored a chapter on evidence for the CILS treatise on International Judicial Assistance in Civil Matters.

In extra-legal activities, Wittlinger serves in a national leadership capacity with the Episcopal Church. He is a former member of the National Board of Directors, the National House of Deputies, the Canons Revision Committee, and the Audit Committee of the Church, and has served on the Administration and Finance Committee, the Agenda Committee, the Dispatch of Business Committee (Chair), and as liaison to the Justice, Peace and Integrity of Creation Committee. He has served as Secretary of the Economic Justice Implementation Committee. At the local level, he serves as Secretary of the Diocesan Convention, Secretary of the Trustees of the Diocese, and as an instructor for the Whitaker School of Theology, specializing in church history, administration and structure. He also is Treasurer of the Village Players of Birmingham, a local community theater.

Wittlinger earned his B.S. from Purdue University and his J.D. from the University of Michigan.

04-26-2007

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Taft Stettinius & Hollister LLP.

Russell Leu Appointed by U.S. Secretary of Commerce to Hawaii-Pacific District Export Council
Russell K. L. Leu, of counsel in the Columbus office of Taft Stettinius & Hollister LLP, recently was appointed by the United States Secretary of Commerce to the Hawaii-Pacific District Export Council. He is often quoted providing his professional experience and advice that complements the counseling and assistance provided by US Department of Commerce Trade Specialists.

Leu concentrates his practice on structuring international business transactions and advising clients seeking to do business in China. He has counseled numerous businesses and financial institutions regarding transactions in Asia and the Pacific Rim. Leu received his undergraduate degree from the University of Hawaii and law degree from the University of San Francisco. He is fluent in Mandarin.

04-26-2007

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Fulbright & Jaworski L.L.P.

Four New Partners Enhance Fulbright’s Worldwide Litigation Practice
Four highly-respected litigators have joined Fulbright & Jaworski esteemed worldwide trial and dispute resolution practice as partners. They bring experience in commercial, securities, antitrust and construction litigation to a long-standing and expanding global litigation practice.

Rodney Acker, Theodore Daniel, Ellen Bush Sessions and Guy I. Wade III come to Fulbright’s Dallas office from Jenkens & Gilchrist.

“These talented litigators bring unique strengths, styles and skills to key areas of our expanding international litigation department,” said Steven B. Pfeiffer, chair of Fulbright’s Executive Committee. “Rodney, Ted, Ellen and Guy have outstanding individual records of success and are a great fit for our firm. Each of our new partners serves to further strengthen a litigation practice that is prepared to handle challenging matters on behalf of our clients.”

Stephen C. Dillard, chair of Fulbright’s worldwide litigation department, describes the new lawyers as “outstanding, highly-regarded litigators with tremendous skill sets.”

“Each of these new colleagues is an impressive practitioner in his or her own right,” Dillard said. “Rodney, Guy and Ellen will enhance our commercial litigation, securities and antitrust practice and Ted brings experience in construction disputes.”

Fulbright’s noted litigation practice has been a cornerstone of the firm since 1919. The firm’s litigation prowess stems from such giants of the profession as Leon Jaworski, Kraft Eidman, Jim Sales and the firm’s co-founder John Crooker, Sr.

"The combination with Fulbright has been a perfect fit,” Acker said. “I have been impressed with Fulbright and its reputation as an international trial firm since I was in law school. The depth and breadth of the trial talent firm wide, especially in commercial and securities litigation, was a strong draw. The team culture at Fulbright is what I had always envisioned a law firm offering."

Acker, 57, focuses his practice on civil trial law with an emphasis on securities litigation. Acker has defended companies, officers and directors in securities litigation, including class actions, investment banking matters and customer-broker disputes. Additionally, Acker has represented major bank holding companies and officers of a major energy company in class-action securities cases. Acker and Wade worked together to successfully defend a major public company that owns 12 motor speedways hosting NASCAR Nextel Cup races.

Sessions handles complex commercial litigation and has worked on securities class actions, commercial class actions, securities arbitrations, breach of fiduciary duty, breach of contract, common law fraud and other business tort matters. Sessions, 37, has extensive experience in arbitrations before the New York Stock Exchange and National Association of Securities Dealers.

Wade, who at 44 has nearly 20 years of litigation experience, routinely handles claims involving breach of fiduciary duty, fraud, deceptive trade practices and tortious interference with contracts. His practice also includes handling antitrust matters involving allegations of unreasonable restraints of trade and unlawful and attempted monopolization.

Daniel, 51, has been a litigator for more than 25 years and focuses his practice on business and construction litigation in arbitration proceedings and both federal and state courts. Daniel has represented clients involved in construction projects, partnership disputes, shareholder control disputes, fiduciary breach claims and lender liability claims. In a recent matter, Daniel served as lead counsel in the defense of a $333 million claim related to a franchise agreement.

Also joining Fulbright are Senior Associates Steve Dollar and Joe Dirik.

Dollar, 34, has represented a diverse mix of commercial entities from energy to technology and health care companies. He concentrates on securities and class action litigation and has represented clients in securities fraud suits, shareholder derivative litigation and before the NASD and NYSE on a nationwide basis.

Dirik, 50, has 20 years experience in the construction industry as an operations manager and executive. He helps clients resolve business disputes through alternative dispute resolution forums, contract appeal boards and at trial. Dirik has worked in over 40 countries and counsels clients from across the globe on contract negotiations and risk management.

“It is very satisfying to have these well-regarded and established litigators join our firm,” said Kenneth L. Stewart, the head of Fulbright’s Dallas office. “Each brings excellent credentials and exemplifies the values we uphold at Fulbright.

04-26-2007

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Covington & Burling, P.C.

Covington Represents Pfizer in Collaboration with Bristol-Myers Squibb
Bristol-Myers Squibb Company and Pfizer Inc. today announced a worldwide collaboration to develop and commercialize apixaban, an anticoagulant discovered by Bristol-Myers Squibb being studied for the prevention and treatment of a broad range of venous and arterial thrombotic conditions. In a separate agreement, the companies will also collaborate on the research, development and commercialization of a Pfizer discovery program which includes advanced preclinical compounds with potential applications for the treatment of metabolic disorders, including obesity and diabetes. Covington & Burling LLP represented Pfizer in the deal.

Terms of the apixaban agreement include an upfront payment of $250 million by Pfizer to Bristol-Myers Squibb. Pfizer will fund 60% of all planned development costs effective January 1, 2007 going forward, and Bristol-Myers Squibb will fund 40%. Bristol-Myers Squibb may also receive additional payments of up to $750 million based on development and regulatory milestones. The companies will jointly develop the clinical and marketing strategy of apixaban, and will share commercialization expenses and profits/losses equally on a global basis.

Pfizer will be responsible for all research and early-stage development activities for the metabolic disorders program, and the companies will jointly conduct Phase III development and commercialization activities. Bristol-Myers Squibb will make an upfront payment of $50 million to Pfizer as part of this agreement. The companies will share all development and commercialization expenses along with profits/losses on a 60%-40% basis, with Pfizer assuming the larger share of both expenses and profit/losses.

Bristol-Myers Squibb is a global pharmaceutical and related healthcare products company whose mission is to extend and enhance human life. Pfizer discovers and develops innovative medicines to treat and help prevent disease for both people and animals.

The Covington team included corporate life sciences partner Jim Snipes and associate Amy Toro.

With a life sciences industry group numbering more than 150 lawyers, Covington “is one of the few firms to have developed a genuinely transatlantic full-service life sciences practice, with hubs on both the East and West Coasts of the US, and in London and Brussels,” according to Practical Law Company, which has consistently ranked Covington as the top life sciences industry law firm in the world.

04-26-2007

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Carlton Fields

Carlton Fields Shareholder, Michael F. Nuechterlein, Spoke at the ABA Forum on the Construction Industry
Carlton Fields Tampa Shareholder, Michael F. Nuechterlein, presented “Lessons Learned: Agreements Outside the Contract Documents that Facilitate a Successful Project” during the annual meeting of the American Bar Association’s Forum on the Construction Industry held on April 11-13, 2007 in San Juan, Puerto Rico.

Nuechterlein is a construction lawyer, arbitrator and mediator for Construction Contract Disputes. His construction practice includes the drafting of construction contracts, delay claims, mechanic liens, design professional malpractice, surety claims and differing site conditions. He represents all participants in the construction industry including owners, contractors, subcontractors, design professionals and sureties, at all stages of the construction process. As an arbitrator, he has handled several large, complex construction claims, which have included delay, extra work, different site conditions, change order, and design defect claims. As a mediator, he has mediated over 400 commercial and construction matters, ranging from 2 to 38 parties, with exposure from $13,000 to over $36 million.

Nuechterlein has lectured on construction law matters before various groups, including the Associated General Contractors, the Associated Builders & Contractors, the American Subcontractors Association, the Construction Finance Managers Association, The Florida Bar Continuing Legal Education in Construction Law, the ABA Forum on the Construction Industry, The Construction Superconference, and Construction Law Seminars for both the National Business Institute and Federal Publications. Nuechterlein received his JD, cum laude, from University of Michigan School of Law in 1973. He has been named to Florida Trend’s Florida Legal Elite, Best Lawyers in America, and Florida Super Lawyers.

04-26-2007

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