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Manulife's Motion to Dismiss Granted in Fraud Action
Kelley Drye achieved a dismissal of all claims against client The Manufacturers Life Insurance Company (U.S.A.) ("Manulife") (now known as John Hancock Life Insurance Company (U.S.A.)), in a case originally brought by two individuals asserting that Manulife made misrepresentations about the premiums required to keep two high value life insurance policies in force.

The Kelley Drye team secured dismissal of the entire case on a motion to dismiss. Kelley Drye successfully argued that the all of the claims were barred by a prior class action settlement and the plaintiffs could not avoid dismissal by claiming that they did not receive notice of that settlement. The Court agreed.

Several months later, however, the Court vacated its decision as to one of the plaintiffs because she died before the earlier decision was issued. Thus, Kelley Drye moved again to dismiss the claims which were then being asserted by the decedent's daughter, who argued that her claims were not barred by settlement of the federal class action lawsuit because the claims in the New York action did not come within the scope of the class action settlement.

The Court agreed with Kelley Drye, granting the motion to dismiss in its entirety, again holding that the plaintiff was a member of the federal settlement class and that the claims asserted in the present lawsuit were extinguished by the class action settlement. The Court also held that all of the claims were time barred. The matter is currently pending appeal.

02-28-2007

Register for Gentry Locke's 2007 Labor & Employment Symposium
We’ll uncover the latest information on eDiscovery and explore the consequences of technology in employment. We’ll cover hot topics and new changes in state and federal law.

Special Guest Speaker Sharon Nelson of Sensei Enterprises Inc. will discuss what computer forensic experts can and cannot recover from computers, cell phones, and other electronic devices. A special lunch session will explore how and why data breaches occur.

Sessions from Gentry Locke's experienced attorneys will cover hot-button issues in immigration, employee contracts, electronic discovery, and employment trends and developments companies need to know.

02-28-2007

BUSINESS LITIGATION COMMITTEE NAMED COMMITTEE OF THE YEAR
The Business Litigation Committee was named the Philadelphia Bar Association Section of Business Law's Committee of the Year: "In recognition of the outstanding contributions of the Committee to the Business Law Section and its membership in 2006 under the leaderships of Lee Applebaum, Chair." Applebaum is a partner at Fineman, Krekstein & Harris.

Applebaum is a resident of Lower Merion, Pa.

02-28-2007

Two Corporate Lawyers Join Duane Morris in New York
Duane Morris LLP is pleased to welcome Peter W. Rothberg, formerly of Nixon Peabody LLP, and Laurence S. Hughes, formerly of Rivkin Radler LLP, as partners in its New York office. Both will join the firm's Corporate Practice Group.

Peter focuses his practice on the preparation and negotiation of public and private securities financing documentation and related contracts (including merger and acquisition agreements), on all aspects of securities law, and on advising clients regarding general business matters. His contract experience includes venture capital investment agreements and fund formation documentation as counsel to venture capital funds and sponsors. He has served as counsel to portfolio companies invested in by venture capital funds and has worked on securities purchase and sale agreements, placement agent and underwriting agreements, asset acquisition and disposition agreements, and stockholder agreements. His securities experience includes public and private offerings, periodic and other disclosure matters with federal and state regulatory agencies and securities law compliance. He has served as a general counsel in companies working in software development, semiconductor manufacturing, lighting manufacturing and distribution, e-commerce, computer peripherals manufacturing, apparel distribution, healthcare and aircraft engine servicing. He has represented life insurance premium finance agencies in matters related to regulatory issues as well as lending and borrowing transactions.

Peter earned his J.D. from Georgetown University Law Center in 1977, where he was a member of the editorial board of Law and Policy in International Business. He earned his B.A., summa cum laude, in 1974 from Bowdoin College, where he was a James Bowdoin Scholar.

Larry handles a wide variety of general corporate and commercial matters, including the structuring, negotiation and documentation of mergers and acquisitions, corporate and commercial finance transactions and joint venture, licensing, distribution, equipment purchase, commercial lease, partnership, shareholder, limited liability company, and employment transactions and agreements. Larry advises clients on compliance with federal and state securities laws, corporate restructuring, dispute resolution, litigation management and corporate governance. His diverse corporate finance experience includes the representation of clients in syndicated lending facilities, asset-based financings, public and private securities offerings, leveraged buyouts, and asset securitizations.

He has had in-house experience on the client side, having served as general counsel of a publicly held petroleum distribution company and as president and general counsel of an advanced manufacturing technology company.

A 1981 graduate of Brooklyn Law School, he earned his B.A. from Fordham University in 1977.

02-28-2007

Dickinson Wright Attorney Bruce Thelen Appointed International Bar Association Officer
Dickinson Wright PLLC Attorney Bruce Thelen has been appointed Senior Vice Chair of the International Bar Association's International Sales Committee. Thelen practices international corporate and banking law out of Dickinson Wright's Detroit office.

Based in London, the International Bar Association (IBA) is the world's leading global organization of legal practitioners, bar associations and law societies, with a membership of 30,000 individual lawyers and more than 195 bar associations and law societies spanning all continents. Through its various committees, the IBA enables an interchange of information and views among its members as to laws, practices and professional responsibilities relating to the practice of business law throughout the world.

The International Sales Committee is one of the largest constituent bodies of the IBA. The Committee examines legal issues fundamental to the growth and development of international commerce and deals extensively with issues such as cross-border acquisitions, international sales contracts, agency and distribution, and financing of international transactions.

Thelen is a leading international attorney who has over 25 years of experience in international business, banking and finance, and business organizations. He is the former chairman of the International Law Section of the State Bar of Michigan, and has been appointed to three consecutive four-year terms on the Michigan District Export Council by the U.S. Secretary of Commerce. Thelen serves as chairman of the German American Chamber of Commerce of Michigan, the largest such organization in the U.S., and was awarded the Order of Merit (Bundesverdienstkreuz) in December, 2000 by the President of Federal Republic of Germany.

02-28-2007

MIKE SCHLER TO CO-CHAIR AND ERIC HILFERS TO SPEAK AT UCLA TAX INSTITUTE IN NEW YORK CITY
Cravath partners Michael L. Schler and Eric W. Hilfers will speak at the UCLA Law Fourth Annual Institute on Tax Aspects of Mergers & Acquisitions, a conference co-sponsored by the UCLA Law Center for Mergers & Acquisitions and the City Bar Center for CLE, which runs from April 25 to April 27 in New York City. Mike is also a co-chair of the program.


On April 25, Mike will participate in the conference's opening session, entitled "Basic M&A Tax Rules", in which presenters will discuss basic rules for acquisitions, joint ventures and international transactions, and provide an introduction to topics covered later in the conference. On April 26, he will serve as a panelist for a session entitled "Consolidated Returns", in which panelists will discuss loss disallowance rules and regulations affecting M&A transactions. On April 27, Eric will serve as a panelist for a session entitled "Executive Compensation", in which panelists will discuss key issues in M&A transactions, effects of Section 409A, and SEC disclosure issues.

02-28-2007

TIM MASSAD TO SPEAK AT COLUMBIA BUSINESS SCHOOL'S INDIA BUSINESS CONFERENCE
Cravath partner Timothy G. Massad will speak at "India Unleashed", the third annual India Business Conference at Columbia Business School in New York City. Tim will serve as a panelist for a discussion entitled "Capital Markets: India--Buy, Sell, Hold?" Panelists will discuss the future of the Indian equity and debt markets and what reforms are required to sustain India's growth.

02-28-2007

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