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District Court Reverses Controversial Claims-Trading Rulings in Enron Bankruptcy
In a decision that is important to debt traders, claims purchasers, and others, District Judge Shira A. Scheindlin has reversed two controversial decisions by Bankruptcy Judge Arthur Gonzalez in connection with the Enron Corp. bankruptcy, in which he subordinated (under section 510(c) of the Bankruptcy Code) and disallowed (under section 502(d) of the Bankruptcy Code) the claims held by a "claims purchaser" qua transferee.

Bankruptcy Judge Arthur Gonzalez had ruled, in two separate and widely discussed opinions, that if the original claims were "tainted" in the hands of the transferor due to the misconduct of the transferor or the transferor's receipt of a preference, the taint traveled with the claims into the hands of the purchaser/transferee, thus enabling the debtor to equitably subordinate and/or disallow the claims held by the purchaser/transferee. In a fifty-three page opinion, Judge Scheindlin reversed the rulings of Judge Gonzalez, which had roiled the claims-trading markets, and held that the "defects" relied upon by Enron Corp. to disallow the claims held by the claims purchaser did not "inhere in the claim" that had been transferred to the purchaser. The defects, and likewise the debtor's remedies, were found by Judge Scheindlin to be personal to the transferor and did not infect the claim of the innocent transferee. Judge Scheindlin's decision raised, but did not decide, additional interesting issues that are likely to affect the terms of future claims-trading transactions as well as credit insurance transactions.

09-07-2007

Akin Gump Expands Corporate Practice In Dallas
Robert W. Dockery has joined Akin Gump Strauss Hauer & Feld LLP as a partner in the corporate practice group in Dallas, the firm announced today. Mr. Dockery’s practice focuses on the hospitality and REIT industries.

Mr. Dockery represents issuers in securities transactions, including private placements and underwritten public offerings of common stock, preferred stock and debt, as well as public and private purchasers and sellers in corporate and real estate acquisitions and borrowers in commercial finance transactions, including secured and unsecured corporate debt and real estate financings. In addition, Mr. Dockery advises companies on periodic reporting compliance issues under securities laws and regulations.

Mr. Dockery received his B.A. in history from Texas Tech University in 1977 and his J.D. magna cum laude in 1980 from the Texas Tech University School of Law, where he was a member of the Order of the Coif and assistant editor of the Texas Tech Law Review. He joins the firm from Hunton & Williams.

Mr. Dockery said, “Two things attracted me to Akin Gump: the ability to offer clients the services of leading corporate and fund lawyers, and the firm’s regular involvement in high-level complex deals ? such as last year's Clear Channel IPO.”

J. Kenneth Menges Jr., head of Akin Gump’s Dallas corporate practice, added, “Bob is a seasoned practitioner who has handled complex financing transactions for nearly three decades. Our clients will benefit significantly from his experience in this area. We are very pleased to welcome him to the firm.”

09-06-2007

Tim Eaton and John Kennedy to Speak at Litigation Skills Conference
Shefsky & Froelich shareholders Tim Eaton and John Kennedy will be featured speakers at the Litigation Skills Conference to be held on September 10 at the Hilton Chicago.

Tim will be part of a three-member panel discussing “Crosses That Kill: Top Cross-Examination Techniques from Actual Trials.” John will be speaking on a panel exploring “Challenging the Expert: 10 Things to Do; 10 to Avoid.”

09-06-2007

Ryley Carlock & Applewhite’s Robert Shuler wins the Project CENTRL Alumni President’s Award.
The Center for Rural Leadership (Project CENTRL), an educational program developed by The University of Arizona Cooperative Extension under a grant from the W.K. Kellogg Foundation of Battle Creek, Michigan, today announced that Robert Shuler has been selected to receive the Project Centrl President’s Award. The award will be presented at a GALA Graduation and Alumni Dinner on October 19, 2007 at the Grace Inn in Tempe, Arizona.

Through Project CENTRL, leaders of rural communities work together to seek solutions to complex problems such as rural urban interface, the management and use of natural resources, economic development, regional planning, and communicating information on key public policy issues. The project focuses on training rural and agricultural leaders to meet the growing demands and challenges facing Arizona. Shuler was selected for his leadership in helping the project serve the needs of its constituencies.

“Robert Shuler and his firm have been a tremendous help to the rural and agricultural concerns of Arizona,” said Everett Rhodes, Executive Director of Project CENTRL. “Each year we select someone whose service exemplifies our Project mission, and Mr. Shuler does that,” he said.

The program is a partnership between The University of Arizona and the nonprofit Center for Rural Leadership Foundation. Since Michigan pioneered the first statewide agricultural leadership program in 1985 thirty states and four other countries have established similar programs, with more on the way.

The educational program consists of twelve highly interactive seminars scheduled over two years. Class members also have a five-day state exchange seminar at the end of the first year. This seminar is an in-depth visit with another state which has a similar rural or agricultural leadership program. A national seminar is taken at the end of the second year to Washington D.C. All class members are required to complete an internship which is designed to apply leadership skills learned in CENTRL in a community based project.

About Mr. Shuler

Robert Shuler is a shareholder in the law firm of Ryley Carlock & Applewhite. He has 30 years of governmental, legal and business experience in Arizona and California. Current clients include Western Growers, the trade association representing the fresh fruit and vegetable industry in Arizona and California, as well as the Arizona Pork Council. Additional clients are Roosevelt Water Conservation District, the Town of Chino Valley, Arizona Crop Protection Association, Western Plant Health Association, and CropLife America.

Before joining Ryley Carlock & Applewhite, Shuler was senior vice president of public affairs for the Arizona Chamber of Commerce. Prior to the Chamber, he served as senior vice president and general counsel for Sunsweet Growers, Inc. in Yuba City, California. From 1994 to 1998 he was a partner at Tuttle & Taylor in Sacramento where he advised business clients in government affairs for California, Arizona and other states. He served as chief deputy director of the California Department of Food and Agriculture from 1991 to 1994.

In the 1980’s, Shuler had a private law practice before his government service where he counseled business and trade association clients in governmental law and labor negotiations, grievances and arbitrations. From 1977 to 1983, he managed government, labor and legal relations for Bruce Church, Inc., an international grower and shipper of fresh fruits and vegetables in California.

A native of Arizona, Shuler has a juris doctor degree from the University of Arizona and a Bachelor of Arts degree in agricultural economics from Arizona State University. He is a member of the bar in Arizona and California and lives in Scottsdale with his wife Karyn. They have three grown children and one beautiful granddaughter.

09-06-2007

Melvin S. Hoffman speaks at CATIC.
Sales out of Bankruptcy topics: the Automatic Stay; preferences; when and to what extent a Homestead is effective; malpractice concerns; how the Trustee functions; what to look for in a Stipulation Agreement; Trustee’s Deed; cautions on searching for Bankruptcy in the chain of title; and to what extent searching PACER is required under current real estate practice.

Sales out of Foreclosure topics: a brief description of the foreclosure process as it affects conveyancing; title issues raised by examiners, attorneys and staff regarding real estate coming from a foreclosure; title review checklist; potential problem areas when representing lenders.

09-06-2007

Flaster/Greenberg Attorney Kenneth Gilberg Presents at Training Seminar for NJ CAR
A seminar for NJ CAR’s (New Jersey Coalition of Automotive Retailers) compliance certification program will be held through September 19,, 2007 in the Flaster/Greenberg conference room in its Cherry Hill Office. Flaster/Greenberg attorney Kenneth Gilberg will be presenting along with NJ CAR officials.

NJ CAR is a non-profit organization servicing franchised new car and truck retailers throughout New Jersey. To complement its mission of protecting and serving the interests of automobile retailers, NJ CAR offers a variety of seminars and workshops such as this which addresses all areas of dealership operations: sales, service, office personnel and management.

Gilberg is a member of the Employment and Labor Law Practice Group at Flaster/Greenberg and focuses his practice on representing employers in a broad range of employment, labor, and human resources issues. He is a resident of Penn Valley, Pennsylvania.

09-06-2007

Flaster/Greenberg Attorney Richard Hoff Appointed to the Land Use Board Section of the New Jersey State Bar Association
Flaster/Greenberg attorney Richard Hoff was recently appointed to the Land Use Board Section of the New Jersey State Bar Association. As a member of the Board, Hoff’s responsibilities include reviewing legislation and regulations in land use law and local and state development land use approval and denial processes that affect the development community. He also reviews the costs and delays associated with these processes.

Hoff is a member of the Real Estate and Litigation Practice Groups at Flaster/Greenberg and focuses his practice on real estate, land use, and redevelopment law. He resides in Berlin, New Jersey

09-06-2007

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