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Case Dismissed: Crowell & Moring Client and Former Reliant Energy Executive Receives Indictment Dismissal from U.S. District Court in San Francisco
Crowell & Moring LLP client V. Reginald Howard II, the former Reliant Energy West Power Trading Director, has resolved a pending indictment. The case was dismissed subject to the fulfillment of terms outlined in a Deferred Prosecution Agreement (DPA) with the U.S. Attorney's Office in San Francisco. Yesterday, Howard along with three other individuals and his former employer, Reliant Energy Services, Inc., resolved the case with Reliant's entry of a DPA, and a separate, similar DPA entered by all four individuals with the U.S. District Court in San Francisco (NDCA). The indictment related to allegations pertaining to an electricity trading incident that occurred on two days in June 2000. The dismissal order was signed yesterday by Chief Judge Vaughan Walker.

"This is a just and fair outcome for Mr. Howard, who has been an outstanding father, business man, and member of the Houston community. We would not settle for less than an ultimate dismissal of these charges," said Philip T. Inglima, lead counsel for Howard and co-chair of Crowell & Moring's White Collar & Securities Litigation Group.

In the DPA dismissals, the defendants agreed to accept responsibility for the conduct giving rise to the indictment and to abide by the fraud and anti-manipulation statutes, among other things. The government agreed to move to dismiss immediately without prejudice. Howard and the other defendants have agreed to a two-year tolling of the statute of limitations and their speedy trial rights. If they adhere to the DPA's terms over the next two years, the dismissal will be final and charges can never be refiled. Federal DPA resolutions are rare in the case of individual defendants, as opposed to corporations.

The Howard defense team, led by Inglima, included Crowell & Moring associates Ann M. Mason and Jody Goodman and San Francisco co-counsel Mary McNamara of Swanson McNamara & Haller LLP. The Howard team worked closely with Reliant's lead counsel, William H. Jeffress Jr. Of Baker Botts, as well as counsel for the other individuals, which included Steven M. Salky of Zuckerman Spaeder LLP.

"This win was a great team effort involving all the defense counsel," said Inglima.

03-07-2007

Firm Represents New York Blood Center in $15 Million IT Outsourcing Contract Extension
This week, Technology, Media, and Communications partner Frank A. Pugliese represented the New York Blood Center (NYBC) in a $15 million dollar extension of its IT outsourcing contract with First Consulting Group (FCG), a leading provider of IT outsourcing services for healthcare-related firms.

Under the new 38-month contract agreement, FCG will continue to manage and operate the full range of Information Technology functions for NYBC, as it has for the last six years.

NYBC is the nation's largest community-based, non-profit, independent blood distribution and services organization, providing nearly ten percent of the nation’s supply of blood products. NYBC is also home to the Lindsley F. Kimball Research Institute, home of the National Cord Blood Program at the Milstein National Cord Blood Center, which is the world's first and largest public cord blood bank.

03-07-2007

Thelen China Team Represents High-Tech Companies in Complex Private Placements
Thelen Reid Brown Raysman & Steiner LLP’s China practice group has just completed two complex financings on behalf of two high-tech companies in the PRC.

In the first transaction, the firm represented China Security & Surveillance Technology (OTCBB: CSCT.OB) in connection with its private placement of $60 million in convertible notes to Chicago-based Citadel Investment Group, which manages hedge funds worth $12 billion in assets. This transaction closed on February 20, 2007. China Security, through its subsidiaries, is engaged in the manufacture, distribution, installation and maintenance of security and surveillance systems throughout China.

In another transaction, our China team represented China Public Security Technology Inc. (OTCBB: CPBY.OB) in connection with a private placement of $14.96 million of common stock to accredited investors. CPST, formerly known as Irish Mag, Inc., is a leading provider of real-time Geographic Information System ("GIS") and Software Operating Services in China.

The transaction team for these matters is led by Shanghai managing partner Tom Shoesmith and Washington, DC-based Business and Finance partners Lou Bevilacqua and Joe Tiano, and includes Washington, DC associates Jing Zhang and Dawn Bernd-Schulz, and PRC legal consultants Qiaozhu Chen and Julian Zou in the firm’s Shanghai office.

03-07-2007

Multi Modal Conference to Focus on Impact of CN's Prince Rupert Port Facilities
The Memphis World Trade Club will host its first annual Memphis Multi Modal Conference, a global educational and networking conference designed to encourage the exchange of ideas and trends among intermodal segments of the economy. Baker, Donelson, Bearman, Caldwell & Berkowitz, PC is a co-sponsor of the event, which is being held at The Peabody Hotel. A key focus of the conference will be the impact of Canadian National's (CN) $140 million investment in port facilities in Prince Rupert, British Columbia.

"Memphis has long been recognized as a major distribution hub, and this region's role in distribution of goods will increase significantly as a result of CN's Prince Rupert facilities," said Carey Treadwell, president of the Memphis World Trade Club. "Our goal with this first conference is to bring together major players from all areas of intermodal transit to heighten awareness of the impact CN's facilities will have on, not just the Memphis area, but the entire Mississippi River corridor."

Because it allows shippers to reduce the Pacific crossing time by three days, the Prince Rupert port plays a vital role in the efficient distribution of goods from the Pacific Rim into the U.S. And with CN serving the harbor directly, shipping containers are transferred only once, so shippers by-pass the congested Los Angeles and Long Beach harbors as well as other North American West Coast harbors. When the Prince Rupert port opens in October, an additional 75,000 containers a year are expected to move through CN-CSX's intermodal yard at Frank C. Pidgeon Industrial Park in southwest Memphis, a significant increase over the current volume. Moreover, it will have a significant impact on how goods from the Far East are shipped and distributed throughout North America.

The Multi Modal Conference will feature a panel discussion of the impact of the CN port facilities and a keynote address by Richard Newcomb, a member of Baker Donelson's International practice group. Mr. Newcomb, who served as director of the Office of Foreign Assets Control (OFAC) of the U.S. Treasury Department from January 1987 until October 2004, focuses his practice on international law, international trade, trade controls and economic sanctions.

Other topics being covered include counter-terrorism, cargo security, minimizing supply chain risk and unique services. Panelists and speakers at the event will include representatives from CN Railroad, Customs and Border Protection, the Memphis & Shelby County Port Commission, the Port of New Orleans, the International Warehousing and Logistics Association, the Foreign Trade Division of the U.S. Census Bureau, the Federal Bureau of Investigation and the Honorary Consul of Canada, Memphis. Shelby County Mayor A C Wharton will also address the event.

03-07-2007

King & Spalding Continues Its Expansion in Texas With Arrival of Partners Todd Mattingly and Stephen Rubin
King & Spalding, a leading international law firm, announced today that it has added two new partners to its Houston office: Todd Mattingly, in the intellectual property practice, and Steven D. Rubin, in the corporate practice. The additions bolster the capabilities of the firm’s more than 100-lawyer Houston office to serve its clients’ increasing needs for intellectual property and corporate legal services in Texas, throughout the United States and around the world.

Mattingly joins King & Spalding from Haynes & Boone and Rubin from Weil, Gotshal & Manges.

“Todd and Steve are highly regarded lawyers with a long history of handling high-profile matters in their respective fields,” said Robert E. (Bobby) Meadows, managing partner of King & Spalding’s Houston office. “We are delighted they have joined King & Spalding and look forward to their contributions to our clients and to the continuing expansion of the firm’s IP and corporate practice groups.”

Mattingly and Rubin bring to 11 the total number of new partners in King & Spalding’s Houston office in the last 18 months. These partners are John H. Barquin, energy finance and development; Penn C. Huston, commercial litigation; Julie A. (Jill) McWhirter, patent and trademark litigation; Craig S. Miles, commercial litigation; Peter M. Oxman, real estate finance; Jesse R. Pierce, energy litigation; Tracie J. Renfroe, environmental litigation; Daniel R. Rogers, energy finance; and James H. Wilson, corporate finance and securities.

Mattingly’s practice focuses on patent prosecution, opinion and due diligence in matters involving electrical and mechanical engineering. He has served as a patent examiner at the United States Patent and Trademark Office. He received a B.S. and an M.A. degree in Mechanical Engineering from the University of Kentucky and earned a J.D. degree at Georgetown University.

Rubin has extensive experience in mergers and acquisitions, capital markets transactions, restructurings and other financing transactions, particularly for private equity funds and their portfolio companies. He earned an A.B. degree from Brown University and a J.D. degree from Columbia University.

03-07-2007

ATTORNEY TERENCE E. SMOLEV APPOINTED TO THE BOARD OF THE GURWIN GERIATRIC CENTER FOUNDATION
Attorney Terence E. Smolev, a resident of Jericho, NY, and partner at the Mineola-based law firm of Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn, LLP (FCSMC&C), has been appointed to the Board of the Gurwin Jewish Geriatric Foundation.

Based in Commack, NY, the Gurwin Jewish Geriatric Center has earned recognition as one of the nation's premier providers of outstanding geriatric care. The Gurwin Jewish Geriatric Foundation's mission is to support quality health care, services and programs for frail, elderly and younger disabled adults.

“Gurwin is committed to setting the standard for long-term health care facilities,” explained Mr. Smolev. “I am honored to serve on the Foundation’s Board and I look forward to assisting the organization in its efforts to provide comprehensive services and high-quality health care.”

Mr. Smolev is partner-in-charge of the FCSMC&C Tax, Trusts and Estates Department and concentrates his practice in all aspects of tax, corporate, estates, trusts and elder law. Over the course of his 38 year career, Mr. Smolev has shown a strong dedication to community involvement. He is a member of the New York City Police Museum Board of Trustees and serves as Vice President and Trustee on its Executive Board. He is also a member of the Long Island Cabinet for Israeli Bonds, the Nassau County Comptroller’s Audit Advisory Committee and the North Shore-Long Island Jewish Health System Foundation Professional Advisor’s Committee. He is a past President of the Pickett Farm Homeowners Association and has served on the Hofstra University Board of Trustees. Mr. Smolev was featured in the Long Island Business News’ listing of “Who’s Who in Tax Law” (2006).

FCSMC&C is a full-service law firm with offices in Mineola and Melville, NY, and has over 40 attorneys specializing in a broad range of practice areas, including land use and zoning, real estate, environmental law, tax certiorari, litigation, banking and financing, commercial and corporate transactions, loan closings and bulk loan sales, trusts and estates, tax and elder law, bankruptcy and insolvency, employment and labor law, municipal law, and
business and personal transactions.

03-07-2007

Noted Washington Litigator Steven M. Umin Joins Epstein Becker & Green
Epstein Becker & Green announced today that Steven M. Umin, a noted litigator, has joined the Firm in its Washington, D.C., office.

As a senior member of both the Firm’s Litigation Practice and Health Care and Life Sciences Practice, Umin will be focusing on complex litigation, appellate litigation, mediation, and civil and criminal investigation matters.

“Steve brings over thirty years of experience as a leading litigator to the Firm for our clients, and he will be providing EBG’s Litigation Practice with support, guidance, leadership and oversight,” said EBG co-founding partner Steven Epstein.

Umin is a significant addition to EBG’s continued growth in its five core practice groups, which include Business Law, Health Care and Life Sciences, Labor and Employment, Litigation and Real Estate.

Umin joins EBG’s Washington, D.C., office as a Member of the Firm, from Williams & Connolly LLP, where he was a senior partner focusing on civil and criminal litigation in state and federal courts, including the U.S. Supreme Court. In a career that has spanned more than three decades, Umin has represented clients in a wide range of areas, including First Amendment disputes and federal regulatory issues involving the Securities and Exchange Commission, the Federal Trade Commission and the Foreign Corrupt Practices Act. He also has been active in arbitration and other methods of alternative dispute resolution.

Umin was a founding member of the Section of Litigation of the American Bar Association and of the ABA’s Discovery Abuse Committee. He received his JD cum laude from Yale Law School, attended Oxford University as a Rhodes Scholar, and clerked for U.S. Supreme Court Associate Justice Potter Stewart. He has served as Deputy Counsel of the Senate Subcommittee on Improvements in Judicial Machinery and as a delegate to the Conference on Security and Cooperation in Europe.

03-07-2007

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