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Hunton & Williams Expands Competition Practice with Addition of Former European Commission Official in Brussels Office
Hunton & Williams LLP is pleased to announce the addition of Robert Klotz as a Brussels-based partner in its Global Competition Practice Group. Mr. Klotz comes from the European Commission where he served as an official for almost 12 years in the Directorate-General for Competition, most recently in the Energy and Water Unit.

Mr. Klotz will advise clients on all aspects of EC and German regulatory and competition law counseling and litigation with particular focus on energy and telecommunications. While with DG Competition, Mr. Klotz oversaw numerous antitrust cases under Articles 81 and 82 EC-Treaty in gas, electricity and telecommunications, dealing with complaints, ex officio investigations, inspections, formal decisions and settlement negotiations. He also played a prominent role in the Commission's sector inquiries in gas and electricity as well as in the creation of the ECN Energy sub-group. Mr. Klotz also dealt with exemptions from third-party access to gas infrastructure, and exemptions from the public procurement rules.

"Robert's knowledge of German law and his experience with the European Commission will make him a valuable addition to our Global Competition Practice and our growing Brussels office," said R. Hewitt Pate, head of the firm's Global Competition Practice. "We are continuing to expand our Brussels presence and our depth of competition representation in Europe."

This expansion commenced with the arrival of Dr. Michael Rosenthal from Freshfields Bruckhaus Deringer in March 2006. Since his addition to Hunton & Williams, the Brussels office has handled a number of significant matters, including achieving clearance for the acquisition of TravelTainment AG by Amadeus IT Group SA. Most recently, Dr. Rosenthal advised the World Business Council for Sustainable Development in its efforts to reduce CO2 emissions in the cement industry through the Cement Sustainability Initiative.

Mr. Klotz is a frequent speaker before European audiences on competition, energy and telecommunications issues and has authored numerous book chapters and articles on the same topics. A native of Germany, he is also fluent in English, French and Spanish.

Mr. Klotz graduated from the University of Hamburg in 1991 and received a post-graduate business law degree (D.E.A.) from the University of Montpellier in France. Mr. Klotz was admitted to the Hamburg Bar in 1994 and practiced in a law firm prior to joining the European Commission in 1996.

09-05-2007

British Airways Lost Luggage
When does an airline’s mishandling of luggage cease to be a major inconvenience and become an actionable, legal issue? According to three U.S. travelers, British Airways (NYSE: BAB) has crossed that line, and they have filed a proposed class-action lawsuit to prove it.

Washington-state residents Donald and Joan Smith and Aydan Kayserili of Milwaukee, Wis. today claimed that the world’s second largest international airline violated provisions of the Montreal Convention, which governs how airlines handle passenger baggage.

If the court approves the case as a class-action, it would represent tens of thousands of travelers who have experienced what the suit claims is reckless handling of passenger luggage, and would award them actual losses not limited to the $1,500 cap British Airways invokes.

According to the suit, filed in Federal court in Seattle by Hagens Berman Sobol Shapiro, British Air loses 23 bags per 1,000 passengers carried, about 60 percent more than the industry average and twice as bad as the worst U.S. carrier.

The suit claims that British Airways has lost more than one million items of baggage over the past two years.

Donald and Joan Smith flew British Airways to Italy for a two-week vacation in June but their luggage did not arrive on their flight through Heathrow Airport. The Smiths spent hours on the phone trying to locate the luggage but say British Airways’ customer service were uncooperative, with one agent telling Donald Smith that the staff was “overworked and underpaid” the suit states.

After two weeks of fruitless calls to the airlines, Joan Smith traveled to the Naples airport, and over the angry objections of airline staff, gained access to the lost-luggage storage area where she found the missing luggage.

According to Steve Berman, the attorney representing the proposed class, the Smith’s story didn’t end there – when Joan opened the suitcase, she found the contents soaking wet, damaged beyond use.

“Most travelers have some patience for botched luggage issues, but what the Smiths and thousands of other travelers have experienced with British Airways is beyond the pale,” Berman said. “I don’t know what is worse – British Airways’ deplorable baggage-handling skill, or their arrogant disregard of passengers’ concerns and complaints.”

Aydan Kayserili’s experience was similar. Traveling from Scotland to Madrid on business, the suit alleges that her luggage didn’t arrive. British Airlines told her they located her bag and it would arrive on the next flight. Over the next few days, the airline amended its predictions, saying it would arrive the next day, and later, the third day. All proved to be false, the suit states.

Eventually British Air confessed they didn’t know where her luggage was, and told her she should replace her clothes and would be reimbursed, the suit states.

After 21 days of fruitless effort, British Air told Kayserili to consider her luggage permanently lost. To this date, the complaint alleges, she has not received fair compensation for the value of her lost belongings, which far exceeded the $1,500 reimbursement British Air claims to provide for permanent losses.

“The sad reality is that there are thousands of other stories like Aydan’s and the Smiths’,” Berman added.

British Air’s director of operations, Chris Want, was quoted in the media saying, “We accept that overall levels of service we offered to our customers has not been up to an acceptable standard.”

“Saying that British Air is not living up to an acceptable standard is a huge understatement,” said Berman. “The infrastructure of this company’s ability to provide services to passengers has collapsed and British Air needs to step up and take responsibility for its actions.”

The suit seeks to recover actual losses incurred by travelers who had luggage lost, delayed or damaged. According to the suit, the Montreal Convention waives the $1,500 loss limit when the carrier is reckless and has knowledge that damage would probably result.

“Studies have shown that travelers on British Airways stand a 1 in 36 chance of having the carrier lose their baggage – we think that defines reckless behavior,” Berman added.

This case comes just weeks after the airline admitted to illegally fixing prices on passenger flights. The airline has been ordered to pay a $300 million fine to the U.S. Department of Justice.

The complaint claims British Airways violated provisions of the Montreal Convention, which governs how airlines handle passenger baggage. The convention, to which the United States and 124 other countries are signatories, also provides means by which airlines can be held legally and financially liable for damages sustained in cases of destruction, damage to, or temporary or complete loss of checked baggage.

The suit seeks to represent American international British Air travelers who had luggage lost or damaged or delayed between September 5, 2005 and September 5, 2007.

09-05-2007

Freshfields advises Morgan Stanley Real Estate on $1.1bn acquisition of Sunrise Senior Living
International law firm Freshfields Bruckhaus Deringer has advised Morgan Stanley Real Estate on the acquisition of a portfolio of five star senior living and care facilities throughout the UK, operated by the UK arm of Sunrise Senior Living, the US-based assisted living operator, in one of the biggest deals in the care home sector worth $1.1bn.

As a result of the acquisition, Morgan Stanley Real Estate Fund will have a 90 per cent stake in a joint venture with the remaining 10 per cent being held by Sunrise, which will operate the communities under 30 year management agreements.

US-based Sunrise Senior Living, Inc. is the largest global senior living operator and currently operates 15 communities across the UK.

Freshfields real estate partner Ursula Harriss said, ‘This is an exciting development of the care sector investment market combining care and five star hotel sectors in an innovative arrangement.’

The Freshfields team also included real estate associate Janan Kanagaratnam, corporate partners Matthew Cosans and Karen Fountain, corporate associates Daniel Hepher and Daniel Wong, dispute resolution partner Jane Jenkins and associate Lucinda Kelly and intellectual property counsel Jodie Flynn.

09-05-2007

Butzel Long attorney Reginald A. Pacis to receive 2007 Excellence Award from the National Federation of Filipino American Associations - Michigan
Butzel Long attorney and shareholder Reginald A. Pacis will be one of the recipients of the 2007 Excellence Awards presented by the National Federation of Filipino American Associations (NaFFAA) – Michigan chapter during the 4th Annual NaFFAA Michigan Excellence Awards Banquet on Saturday, October 6, 2007. Mr. Pacis is being honored for his many contributions and general excellence in his field.

Mr. Pacis concentrates his practice in immigration law. Earlier this year, he was appointed by Governor Jennifer M. Granholm to serve on the Governor’s Advisory Council on Asian Pacific American Affairs (ACAPAA). His term runs through April 30, 2009.

Mr. Pacis is a member of the American Bar Association, the American Immigration Lawyers Association (AILA), and the Samahang Pilipino Ng Oakland Filipino organization. He served two consecutive terms (2003 – 2005) as Chairperson of the Michigan Chapter of AILA and was a member of the AILA National Board of Governors for those terms. In addition, he previously served as secretary (2001 to 2003) and membership chairperson of the Michigan chapter of AILA (1998 to 2003).

He was a presenter and member of the faculty for the 2004 AILA National Conference. He was a presenter and discussion leader for the 2006 AILA National Conference. Currently, he serves as a member of the AILA National Committee and is a liaison with the Customs and Border Protection, a division of the U.S. Department of Homeland Security presiding over inspections and security of the U.S. border. He also serves as Chairperson of the Michigan AILA Committee responsible for liaison with the Michigan Customs and Border Protection Agency and serves on the Congressional liaison committee for Michigan AILA. Mr. Pacis has also served on a variety of committees within the Filipino community.

Mr. Pacis received a J.D. from the Detroit College of Law at Michigan State University in 1996 and a B.A. degree from James Madison College at Michigan State University in 1992. He joined the State Bar of Michigan in 1997. Mr. Pacis is a resident of Ferndale.

About National Federation of Filipino American Associations (NaFFAA)

The National Federation of Filipino American Associations is a private, non-partisan, non-profit organization established in 1997 to promote the welfare and well-being of all Filipinos and Filipino Americans throughout the United States.

09-05-2007

Jodi N. Cohen Joins Boca Raton Office of Buckingham, Doolittle & Burroughs, LLP
Buckingham, Doolittle & Burroughs, LLP ("BDB") is proud to welcome Jodi N. Cohen, an Associate, resident in the Boca Raton office. The addition of Ms. Cohen increases the office to 24 attorneys, and strengthens its Employment & Workers’ Compensation practice. Her emphasis is on labor and employment law.

Prior to joining BDB, Ms. Cohen worked as an Associate for Berger Singerman in Fort Lauderdale, Florida. Her responsibilities included trials, drafting Motions to Dismiss, Motions for Summary Judgment, and Motions for Temporary Injunctions; discovery, depositions, jury instructions; matters including non-compete agreements, trade secret claims, Sarbanes-Oxley Act Whistleblower Doctrine, sexual harassment, wrongful terminations, and EEOC claims.

Ms. Cohen is admitted to practice law in Florida and the United States District Court, Northern, Southern and Middle Districts of Florida. She serves as General Counsel for Jack and Jill Children’s Center. She is also a member of the Board of Directors for Broward County Women Lawyers' Association, a member of Educate Tomorrow, a member of Broward County Lawyers' Association, a member of Leadership Broward (Class XXV) and a Trustee for Riverwalk.

Ms. Cohen received her Juris Doctorate degree from the University of Miami School of Law, Coral Gables, Florida (2002). In addition, she received her Masters in Business Administration, magna cum laude, from Nova Southeastern University School of Business, Davie, Florida (1999) and earned her Bachelor of Liberal Arts and Sciences in Political Science, magna cum laude, from the University of Florida, Gainesville, Florida (1998).

Ms. Cohen resides in Fort Lauderdale, Florida.

09-05-2007

Construction & Procurement Practice Group Members to Lead Presentation
Rhonda Caviedes, David Robert Hume Jr., Arlan D. Lewis and E. Mabry Rogers, members of Bradley Arant's Construction & Procurement Practice Group, will present "Construction Contracting for School Boards in Alabama" on September 11, 2007, at the Bryant Conference Center in Tuscaloosa, Alabama. The seminar is part of the Alabama Association of School Business Officials' Training Session being held September 10-12, 2007, which is hosted by The University of Alabama Continuing Studies.

09-05-2007

Alan K. Zeigler to Lead Presentation on Public Finance Tools
Alan K. Zeigler, a partner in the firm's Birmingham office, will make a presentation on public finance tools available to the various boards of education entitled "Capital Planning and Administration of Debt." Mr. Zeigler's presentation is part of the Association of Alabama School Business Officials' Training Session being held September 10-12, 2007. The session is hosted by The University of Alabama Continuing Studies. As a member of Bradley Arant's Public Finance Practice Group, Mr. Zeigler has been involved in numerous legislative drafting projects advising cities, counties and boards of education on finance and election matters.

09-05-2007

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