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Robinson & Cole Lawyer Speaks at Environmental Law Institute
R&C partner Richard Smith, Jr. provided a review of state permitting programs in a program entitled, “Marine Aquaculture: A Growing Business.” The presentation was part of a program in which he also provided the industry perspective with other speakers from Environmental Defense and NOAA at a meeting of the Environmental Law Institute in Washington, D.C. on February 7, 2007.

02-23-2007

Paul, Weiss Helps Tenants in Brooklyn Find New Landlord
Today's New York Law Journal reported that Paul, Weiss lawyers working in conjunction with the Legal Aid Society have succeeded in helping tenants of a dilapidated apartment complex in Brooklyn find a new landlord. The 385-unit building, which is located in Brooklyn's Brownsville neighborhood, not only suffered from years of neglect under previous ownership, but the landlord at the time also tried to attempt a mass eviction of tenants. The building is now the property of Maurice Samuel "Mo" Vaughn, the former first baseman for the New York Mets, who the New York Law Journal says is "known as much for his extensive charity work as his fearsome slugging ability." The paper reports that Mr. Vaughn owns and operates OMNI New York, which has purchased and rehabilitated some 1,200 rundown apartments in the city. The Paul, Weiss team consisted of partners Brian Hermann and Moses Silverman, associates Penny Dearborn and Amir Weinberg, and former associate Lori Kata.

02-23-2007

Paul Hastings Attorney Dennis Ellis Receives California Lawyer's Attorney of the Year (CLAY) Award
Paul, Hastings, Janofsky & Walker LLP, a leading international law firm, is pleased to announce that Dennis Ellis, a partner in the Litigation Department, has been named California Lawyer's Attorney of the Year (CLAY) for his representation of the Chinese company New World TMT, which resulted in a $2.8 billion award.

Utilizing Paul Hastings international network of attorneys during the New World legal proceedings, Dennis orchestrated an aggressive discovery strategy that ultimately unearthed evidence that convinced a judge to grant a rare and crippling motion that effectively led to a default judgment against the defendant. In 2006, Dennis also successfully represented General Electric (GE) Health and MRV Communications.

"Dennis has a commanding presence in the courtroom and is a leading trial attorney in our litigation department," said Jamie Wareham, global chair of Paul Hastings Litigation Department. "His representation of New World underscores our firm's ability to succeed on a global scale in high-stakes, complex litigation."

Ellis is among 43 attorneys receiving the 2007 California Lawyer Attorney of the Year award, which recognizes lawyers who have changed the law, substantially influenced public policy or the profession, or achieved a remarkable victory for a client or for the public.

The Paul Hastings Litigation Department provides premier litigation services to clients facing complex legal issues in the U.S., Europe, South America, the Middle East and Asia. With more than 300 lawyers in the Litigation Department, in addition more than 200 litigators in the Employment Department, Paul Hastings is well positioned to handle all aspects of a client's litigation needs. Our sophisticated litigation practice covers every major practice including securities, intellectual property, class action and employment litigation, international arbitration, and white-collar crime. The Litigation Department has an impressive track record of winning large and difficult cases.

02-23-2007

Ford Motor Company Obtains Jury Verdict in Mississippi
McGuireWoods partner Joseph K. Reid, III and associate Perry W. Miles, IV successfully defended Ford Motor Company in the matter of Raymond E. Yancy, et. al. v. Ford Motor Company, Cause No. 02-KV-0272S, pending in the State Court of Adams County, Mississippi. Following a three-and-a-half week trial, a Natchez, Miss. jury found in favor of Ford on all counts.

The case arose from an automobile wreck occurring in the early morning hours of January 15, 2002. At that time, plaintiff's decedent Raymond Yancy was operating a 1988 Ford Bronco on a rural highway when he lost control and left the roadway, crashing into an earthen berm and overturning. A post-collision fire ensued in the Bronco, and Yancy died at the scene.

“This was an unfortunate wreck, and Ford sympathized all along over the loss, but has consistently maintained that this crash and its injuries occurred as a result of driver error and not from any defect in Ford's truck,” Reid said. “The evidence clearly demonstrated that the driver was solely responsible for this event.”

Plaintiff's attorneys included Natchez lawyers Deborah McDonald, Patricia Dunmore, Carmen Brooks and David Read. They claimed that the Bronco in question suffered from defects in its fuel system design, welding, body construction and door design, alleging that these defects caused both the fire and an inability to escape the truck after the crash. They sought nearly five million dollars in compensatory damages, as well as a punitive damage award, on behalf of the family.

Ford's evidence demonstrated that the wreck itself was the result of negligent driving, and that the Bronco and all of its operating systems were properly and carefully designed. The fuel system of the truck complied with all relevant regulations and the automotive industry’s state-of-the-art specifications, and included added voluntary safety features incorporated by Ford to minimize the risk of post-crash fires. Ford also showed that the fire in question was not fueled by gasoline, but rather by the ignition of combustible engine fluids in the truck.

“During the trial, the expert and other evidence proved that this truck's design was entirely proper and that the fuel system, in particular, did not contribute to this fire or any injuries to the driver,” Reid said. The jury deliberated for ten hours before delivering its verdict for Ford.

In addition to the McGuireWoods lawyers, Ford's defense team included Jackson, Miss. attorneys Barry W. Ford, Walker W. Jones and Steven Kennedy from the firm of Baker, Donelson, Bearman, Caldwell and Berkowitz.

02-23-2007

Family Law Partner Appointed as Officer to Houston Bar Foundation
Fulbright family law partner Stewart Gagnon has been appointed as an officer to the Houston Bar Foundation. As head of the firm’s family law department, Gagnon provides experienced counsel to clients experiencing challenging emotional and financial circumstances. Gagnon’s clients include executives, business professionals, doctors, attorneys, community leaders, professional athletes, public officials, and their spouses.

Earlier this year, Fulbright's exemplary service to the community resulted in the Houston Bar Foundation’s awarding its Longevity of Exemplary Service Award.

The award that typically goes to an individual went this year to Fulbright for the firm’s continued commitment to the Houston Volunteer Lawyers Program. Fulbright is the first law firm to receive the award. The Houston Volunteer Lawyers Program sets out to help those with low incomes who may not qualify for other legal aid or assistance.

02-23-2007

FAQ: Behind Microsoft’s MP3 Patent Jam
Thursday’s ruling that Microsoft owes $1.5 billion in damages for Windows’ use of MP3-related patented technology prompts numerous questions. Microsoft will undoubtedly try to have the verdict reduced or reversed. But if it stands, the court order also opens the door for Alcatel-Lucent to pursue damages from other companies that use MP3 music technology in their products.

This CNET article provides some relevant questions and answers about the Microsoft case, as best they are known at this point. Robert Yoches of Finnegan Henderson commented on the question, “Will Alcatel-Lucent go after other companies that use MP3 in their products?” Yoches responded, “There are different strategies that Alcatel-Lucent could take. If the company believes that the Microsoft verdict is likely to yield the most money it will get from an MP3 patent lawsuit, it might not want to take other companies to court and thus risk another court invalidating its patent. If on the other hand, it thinks that there is even more money to be had from lawsuits against other companies, it might settle with Microsoft for somewhat less and then go after them. When you get $1.5 billion, it’s hard not to start looking around.

02-23-2007

Microsoft Ordered To Pay $1.5B To Alcatel
A federal jury on February 22 ruled Microsoft must pay $1.5 billion in patent-infringement damages to telecom equipment maker Alcatel-Lucent in what patent attorneys call one of the biggest judgments ever. Microsoft says the patents involve converting audio into digital MP3 files on PCs. It plans to appeal. “Large jury verdicts on patent-infringement cases are typically appealed, and damages can be reduced significantly or reversed,” says Jeff Berkowitz of Finnegan Henderson.

02-23-2007

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