Law Firm News

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Frilot, Partridge, Kohnke & Clements, L.C.

Frilot L.L.C. Obtains Summary Judgement Dismissing Plaintiff’s Defamation, Anti-Trust and Fair Trade Law Claims
Frilot L.L.C. attorney, James R. Silverstein , recently obtained a summary judgment from the United States District Court for the Middle District of Louisiana on behalf of Emerson Process Management, LLLP and Fisher Services Co. In Jon Sigur v. Emerson Process Management, LLLP, et al, C.A. No. 05-1323 (M.D. La. 2007), the plaintiff sued the defendants seeking damages pursuant to Louisiana Civil Code Article 2315, the Louisiana Unfair Trade Practices Act and Consumer Protection Law, La. R.S. 51:1401, et. seq., the Lanham Trademark Act, 15 U.S.C. § 1117(a), 1125(a), et. seq., and the anti-trust (Sherman Act) laws, 15 U.S.C. § 1, et. seq. The plaintiff alleged that the defendants defamed him by circulating damaging material about him in an effort to ruin his business. The federal court rejected the plaintiff’s claims and granted summary judgment in favor of the defendants. See Sigur v. Emerson Process Management, LLLP, et al, 2007 WL 1891124 (M.D. La. 2007).

Prior to dismissing the plaintiff’s case, the trial court addressed Emerson and Fisher’s Daubert motion to exclude the plaintiff’s damage expert. The court struck the damage expert and found that the expert’s testimony failed to meet the requirements of Rule 702 of the FRE and the Supreme Court in Daubert v. Merrill-Dow Pharmaceuticals, Inc., 113 S.Ct. 2786 (1993). See Sigur v. Emerson Process Management, LLLP, et al, 492 F.Supp.2d 565 (M.D. La. 2007), and 2007 WL 1893632 (M.D. La. 2007). (The court issued two separate opinions on the Daubert issue).

09-07-2007

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Freshfields Bruckhaus Deringer

Advent International to buy Domestic & General Group for £523.9m
AIDG Jersey Acquisitions Limited, a company formed at the direction of Advent International plc on behalf of funds managed by Advent International Corporation, announced today that it has reached agreement with Domestic & General Group PLC ("D&G") on the terms of a recommended cash acquisition of D&G (the "Acquisition").

Under the Acquisition, each D&G shareholder will receive 1425 pence in cash for each D&G share valuing the entire issued and to be issued share capital of D&G at approximately £523.9m.

International law firm Freshfields Bruckhaus Deringer is advising Advent and AIDG Jersey Acquisitions on the Acquisition. The Freshfields team is led by corporate partner Chris Bown with corporate partner Rob Stirling, finance partner Neil Falconer and tax partner Jonathan Cooklin, with senior associates Adrian Maguire, Matthew Cox and Arun Birla and associates Nigel Gleeson, George Swan, Katharine O'Neill and Shahab Uddin.

09-07-2007

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Ellis & Winters

Defense verdict for FirstHealth
After four days of trial in Richmond County, North Carolina, a jury rendered a defense verdict for FirstHealth Richmond Memorial Hospital. This is an action in which plaintiff alleged that she was injured as a result of a screw found in some banana pudding she was given while at FirstHealth. Plaintiff alleged that FirstHealth caused her injury by negligently producing banana pudding with a screw in it and failing to use reasonable care in inspecting its kitchen and the food it produced there. Plaintiff alleged she was injured when she bit down on the screw and, as a result, has been forced to undergo extensive dental treatment, including dental implants.

09-07-2007

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Ellis & Winters

Ellis & Winters attorneys make The Best Lawyers in America 2008
Nine lawyers from Ellis & Winters LLP were recently selected by their peers for inclusion in The Best Lawyers in America 2008 (Copyright 2008 by Woodward/White, Inc. of Aiken, S.C.).

Best Lawyers compiles lists of outstanding attorneys through a rigorous process of peer-review. Thousands of leading lawyers nationwide confidentially evaluate their professional peers in their areas of practice in their jurisdictions. Inclusion is widely regarded within the legal profession as a significant honor.

The following Ellis & Winters attorneys have been included in the 2008 Best Lawyers:

Charles N. Anderson, Jr. (Real Estate Law); Alex J. Hagan (Medical Malpractice Law and Personal Injury Litigation); Andrew S. Chamberlin (Personal Injury Litigation); Richard W. Ellis (Antitrust Law; Bet-the-Company Litigation; Commercial Litigation; First Amendment Law; and Product Liability Litigation); Leslie C. O'Toole (Personal Injury Litigation and Product Liability Litigation); Jonathan D. Sasser (Commercial Litigation); Matthew W. Sawchak (Antitrust Law; Appellate Law; and Commercial Litigation); Paul K. Sun (Appellate Law and Commercial Litigation); Michael G. Winters (Real Estate Law).

09-07-2007

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Curtis, Mallet-Prevost, Colt & Mosle, LLP

Curtis Attorneys Selected as The Best Lawyers in America 2008
The following Curtis attorneys were listed in Best Lawyers for their respective areas of practice; Lizabeth L. Burrell, Maritime Law; Peter E. Fleming, Jr., White-Collar Criminal Defense; T. Barry Kingham, Commercial Litigation and White-Collar Criminal Defense; Eliot Lauer, White-Collar Criminal Defense; and Robert W. Sheehan, Trusts and Estates.

09-07-2007

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Bullivant Houser Bailey

Twenty-one Bullivant attorneys selected The Best Lawyers in America 2008
Bullivant Houser Bailey PC, a multi-service West Coast law firm, has announced that 21 attorneys have been recognized in the 2008 edition of The Best Lawyers in America. Best Lawyers compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.

Additionally, Bullivant has more listed lawyers in Best Lawyers in the field of Product Liability than any other firm in both Portland and the state of Oregon.

09-07-2007

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Bryan Cave LLP

Partner Takes Class Actions Advice to UK; Announces New European Class Action Team
Class actions are coming to Europe, albeit in a modified form, so get ready. That’s the message Phoenix office Managing Partner Larry Scarborough delivered to an audience of journalists, corporate counsel and clients recently in the London office. Clients and their European legal advisors must understand the practical ramifications of this type of litigation, he said.

The event also served as a soft launch for Bryan Cave’s new European Class Action Team, to be headed by Nick Cherryman in the London office.

Why a predicted increase in substantial collective litigation in the U.K., both private and corporate? Among other recent changes, Scarborough said, the Office of Fair Trading in the U.K. has made it clear that representative actions should be more broadly available. The European Parliament has said that joint actions are essential to achieve effective implementation of European Commission anti-trust rules. The National Association of Pension Funds has publicly encouraged its members to pursue class action claims. And last year’s Companies Act creates broad statutory rights for shareholders to act.

“The legal landscape is changing in the U.K. not just for business, but also for individuals in their pursuit of justice,” said Scarborough, who was joined by colleagues from Bryan Cave’s London office. “Clients with business in the European marketplace must be ready.”

Scarborough also will speak on recent developments in class action litigation across Europe and present the results of a survey on European executive views of the potential spread of U.S.-style class actions in Europe at The Economist’s 5th European General Counsels’ Summit in London, scheduled for Oct. 30.

09-07-2007

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