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Wendel, Rosen, Black & Dean LLP Adds Bruce S. Flushman to Expanding Environmental Group as Partner
Oakland law firm Wendel, Rosen, Black & Dean LLP announces the addition of prominent environmental litigator Bruce S. Flushman as a partner. With more than 40 years of experience in a wide variety of compliance and litigation matters arising under both State and Federal environmental laws and regulations, Flushman joins the firm’s environmental group from Stoel Rives LLP.
“Our environmental practice is growing rapidly due to the steady increase in attention to environmental impact generally, as well as the expanding reach of State and Federal regulations. Beyond this, Wendel Rosen has long been at the forefront of environmental trends and issues on many levels – from leading the green business charge with both a dedicated practice and as the first green law firm, to our current active involvement in the state’s climate change initiative. We offer clients tackling tough environmental issues a solid platform and senior-level legal talent, of which Bruce is exemplary. His experience is virtually unsurpassed in the region and an ideal complement to Wendel Rosen’s existing capabilities and client-centric service philosophy,” said Howard Lind, managing partner for Wendel Rosen.

Flushman advises public and private entities on environmental compliance-related matters, including wetlands, water quality, hazardous and solid waste, forest practices, clean air and in obtaining land use permits or entitlements. His litigation experience encompasses a wide variety of trial and appellate matters in both State and Federal court, including land title and boundary, water rights and water quality, natural resource and endangered species regulation, insurance coverage, business regulation, real estate and commercial disputes.
Flushman is a member of the State Bar of California, Litigation Section; American Bar Association, Natural Resources, Energy & Environmental Law Section; Bar Association of San Francisco; Association of Business Trial Lawyers (Northern California); and is the treasurer and a member of the Federal Bar Association’s Executive Committee. He is a frequent author and speaker, including a recent presentation at the 2006 Bay Planning Coalition Decisionmakers Conference. He is co-author of a recent paper on ocean energy projects and a participant in CalLaw’s environmental law roundtable on California’s recently enacted Climate Change legislation. Flushman received his J.D. from the University of California, Boalt Hall School of Law (1968), and his A.B. from University of California, Berkeley (1965).

“Wendel Rosen’s environmental group has an outstanding reputation and, given the firm’s size, significant experience and expertise. I was particularly attracted to the smaller firm environment. Further, we share long-time clients in common, such as the Port of Oakland. These entities, particularly public ones, are at the cutting edge of key environmental, regulatory and security-related issues. Joining forces with Wendel Rosen in assisting these clients with such challenges is not only a natural and logical choice, but a combination in which 2+2 will be greater than four,” said Flushman.

02-28-2007

WCM Wins Summary Judgment in Queens County
Partner Robert J. Cosgrove was awarded summary judgment in a Queens County, NY property damage lawsuit. In the case of Tahmisyan v. Flug, the plaintiff alleged that our client, a contractor, had caused damage to her property while working on co-defendant’s adjacent property. She alleged significant damages as a result.

During the course of discovery, we obtained a preclusive order that mandated the plaintiff’s provision of discovery by a certain date. When the plaintiff failed to respond, we moved for summary judgment and argued that without the right to introduce any evidence, the plaintiff could not make out a prima facie case of negligence. In opposition, the plaintiff argued that her former attorney had committed legal malpractice and as such the preclusive order should be vacated.

The trial court rejected plaintiff’s analysis and granted our motion.

02-28-2007

WCM Wins Summary Judgment in Queens County.
Partner David Tavella was awarded summary judgment in a Queens County, NY declaratory judgment action. In the case of Sancho v. Horizon Holding, as the result of a construction accident and resulting personal injury lawsuit, the owner of a property tendered its defense and indemnity to our client, the insurer for a subcontractor. The basis for the tender was an Acord certificate issued by a broker that named the owner as an additional insured on our client’s policy.

We moved for summary judgment. We argued that the broker was not an agent of our client and as such the Acord certificate was without legal effect. We further argued that our client’s policy itself lacked an automatic or blanket additional insured endorsement and as such no coverage was afforded to the owner of the property.

The trial court agreed with our analysis and dismissed the owner’s lawsuit.

02-28-2007

Shane H. Hunter Joins Townsend's San Diego Office
Townsend and Townsend and Crew LLP, a 180-attorney law firm specializing in intellectual property, antitrust and high-technology litigation, announced today that Shane H. Hunter has joined the firm as a partner. Resident in the firm's San Diego office, Mr. Hunter joins a growing team of patent lawyers in Townsend's leading Electronics & Software practice group. Mr. Hunter counsels companies and individuals regarding patent acquisition, patent and trademark litigation, and patent infringement and invalidity.

Mr. Hunter, who started his career at Townsend as an associate in 1996, returns to the firm from the Boston, MA office of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C. "We are very happy to welcome Shane back to Townsend," remarked Townsend Chairman Jim Gilliland. "Shane is an outstanding lawyer who will play a key role in the continued growth of our Electronics & Software practice and our San Diego office."

Townsend's San Diego office, which is led by litigation partner Iris Sockel Mitrakos, continues a path of steady growth. "We have been fortunate to attract talented lawyers such as Shane to our San Diego office," remarked Mitrakos. "Shane's arrival is yet another sign of the health and diversity of our practice here in San Diego and we look forward to continued growth in the coming months and years."

Mr. Hunter advises clients in all phases of patent prosecution (acquisition) for a wide range of electrical and software inventions. He has particular expertise related to technology involving mobile communications, the Internet, GPS, power circuitry, and musical instruments. Mr. Hunter's expertise also extends to inventions related to bioinformatics and medical devices. In addition to patent prosecution matters, Mr. Hunter advises clients with regard to licensing issues, and provides opinions regarding infringement/non-infringement and validity/invalidity. He also advises clients involved in patent litigation and has experience in many phases of litigation ranging from discovery to Markman hearings to trial.

Mr. Hunter is a graduate of the UCLA School of Law. Prior to law school, he earned his B.S. in electrical engineering, cum laude, from GMI Engineering & Management Institute, now Kettering University, and his M.S. in electrical engineering, with a specialty in electromagnetics, from UCLA.

"Townsend has presented me with a wonderful opportunity to grow my practice," said Shane. "I am thrilled to be joining one of the largest electronics and software practices in the country - and I'm eager to help build the electronics and software expertise in Townsend generally, and in San Diego in particular.

02-28-2007

HILLARY CLINTON VISITS HOME OF ALAN AND JOAN REISCHE
Alan L. Reische, a partner in the law firm Sheehan Phinney Bass + Green, and his wife Joan hosted a private reception for U.S. Senator and potential 2008 presidential candidate Hilary Clinton (D-NY). The reception was held Sunday, February 11, 2007 at the couple’s Manchester home. It was Senator Clinton’s first house party in New Hampshire.

The event was a meet and greet for the Senator and 60 attendees, which included democrats, lawyers, and independents from New Hampshire and many other states. Clinton spoke about her policy on Iraq, education, and immigration. She then spent time with each attendee personally fielding questions about her upcoming

presidential campaign.

Alan sits on the Board of Directors of the New Hampshire International Trade Association. He frequently speaks as a guest lecturer on cross-cultural negotiations at Franklin Pierce Law Center. From 1990-1995, Alan was a Bar Examiner for the State of New Hampshire. In 2006 he was named one of the Best Lawyers in America by Woodward/White, a national research firm.

“Hilary Clinton spoke very directly and fluently about the issues at hand,’ Reische said. “She was very warm and compelling, and I feel she left each person with a positive attitude about her future.”

Sheehan Phinney is a regional business law firm with offices in Manchester, Concord and Lebanon, NH, and Boston, MA. The firm provides a broad range of sophisticated legal services to businesses and institutions in traditional and emerging areas of the law. Its diverse client base includes local and regional for-profit and not-for-profit organizations, as well as national and international businesses with interests in the Northeastern United States.

02-28-2007

Wellington Comments on Wal-Mart Class Action
Ralph Wellington was featured in The Legal Intelligencer article “No Fee Simple.”

The Philadelphia Common Pleas court held a hearing featuring testimonies from two expert witnesses for Hummel v. Wal-Mart Stores, Inc. to debate the plaintiffs’ request for counsel fees totaling more than $46 million. In October 2006, a city jury awarded nearly $78.5 million to approximately 186,000 current and former employees at Pennsylvania Wal-Mart stores who claimed they weren’t properly paid for missed rest breaks and off-the-clock work. Altogether, class counsel is seeking an additional $62 million on top of the jury’s award. They are also asking for roughly $12 million in pre-judgment interest.

Ralph served as Wal-Mart’s expert on the reasonableness of class counsel’s rates and stated that his conclusions were based on personal experience in recent cases and on reviews of reports on average Philadelphia hourly legal rates by industry research groups.

02-28-2007

DLA Piper selected to provide global legal solution for The Linde Group
DLA Piper announced that it has been selected by The Linde Group, the leading international gas and engineering company, as its main legal provider for all global work, except strategic corporate matters. The combined Linde/BOC organisation previously used more than 150 legal providers following its merger in September 2006. Nick Deeming, Chief Legal Officer at The Linde Group led an extensive four month review of the internal legal services team and its external legal providers. Following the review Linde has dramatically reduced the number of legal providers it uses from over 150 to just five.

Under the radical, new model introduced by Linde, DLA Piper will advise on a range of matters across Europe, Asia Pacific and the US, which amounts to 80 per cent of legal spend. This single solution approach incorporates matters such as commercial and compliance work, IP, employment, litigation, property, data protection, regulatory, product liability and non-strategic acquisitions and disposals. DLA Piper will work closely with the 65-strong internal legal services team at Linde to deliver quality legal solutions and obtain more value from its outsourced work.

The other law firms retained by Linde are Linklaters, which will advise on all corporate issues outside the US; the German law firm Hengeler Muller, which has retained an advisory role on company law issues; Simpson Thacher, which has been retained to advise Linde on strategic corporate work in the US and Shearman & Sterling which will handle the Group's antitrust matters.

DLA Piper will provide a range of value added services across several jurisdictions in order to deliver greater accountability and consistency throughout. DLA Piper will also commit a substantial investment into the IT infrastructure to support its services, including a global legal intranet/extranet which will be integrated into Linde's existing knowledge systems.

"We are delighted to be able to work alongside The Linde Group on this venture which will see the Group break new ground in the way it manages its legal risks," said Danelle Dinsdale, partner at DLA Piper who led the review discussions with The Linde Group.

"Our approach and commitment to providing a range of coordinated global services to clients who need them enables multinational companies like Linde to use our reach and expertise to best advantage."

Nick Deeming, Chief Legal Officer at The Linde Group, spearheaded the extensive four month review of legal services across the global organisation, formed in September 2006 by Linde's takeover of The BOC Group.

Nick said: "I initiated this review with an open mind as to what the end structure might look like, though I had one clear aim - to identify one or two leading law firms in each continent that would work in partnership with our internal legal services team and deliver high quality services across all the areas we are likely to outsource."

"The more innovative part is around the appointment of just one firm, DLA Piper, to cover the day to day requirements. This gives us, we feel uniquely, a globally effective solution and better risk management across a diverse range of disciplines. This approach is key to our broader strategic goal of delivering world class legal services to Linde, and we will use the model to fundamentally reshape the approach to legal issues in our key markets.

02-28-2007

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