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Federal district court retains jurisdicition and dismisses former employee's claims that called for interpretatoin of union contract
Firm partner Robert Sparer persuaded a federal District Court Judge that a former union building worker’s state tort claim litigation was subject to federal jurisdiction. The court also granted Mr. Sparer’s motion to dismiss the complaint, which asserted claims of intentional infliction of emotional, distress; second, defamation; third, tortious interference with contractual relations; and fourth tortious interference with prospective economic advantage, based on the collective bargaining agreement’s mandatory grievance and arbitration provisions.

02-22-2007

Edward Cerasia II Joins Morgan Lewis
Morgan, Lewis & Bockius LLP is pleased to announce that Edward Cerasia II has joined the firm as a partner in the Labor and Employment Practice. Mr. Cerasia's practice focuses on employment and employee benefits litigation and counseling matters in the financial services, transportation, media, pharmaceutical, telecommunications, and retail industries.

“Ed’s considerable experience with financial service companies and large New York City–based multinational companies complements our success in these areas,” said Steven Wall, Practice Group Leader of the Labor and Employment Practice at Morgan Lewis. “He also adds his substantial experience to our national ERISA litigation team,” he continued.

Mr. Cerasia represents corporate clients against claims of discrimination, harassment, and retaliation, in addition to claims under the FLSA and state wage and hour laws. He also handles claims under ERISA involving breaches of fiduciary duty, prohibited transactions, 401(k) and ESOP issues, severance pay, and challenges to plan denials of benefits, plan amendments, and termination of benefits; whistleblower claims under Sarbanes-Oxley and state laws; claims of defamation, breach of contract, and intentional torts; claims involving noncompetition agreements, restrictive covenants, and employee recruitment practices; and claims under the Railway Labor Act and the National Labor Relations Act.

As a business advisor, Mr. Cerasia also regularly counsels clients on how to avoid litigation. He provides advice to clients on matters such as employee discipline and termination; wage and hour law compliance and conducting nationwide compliance audits; designing and implementing reductions-in-force; strategies for preventing and investigating harassment, discrimination, and whistleblower claims; employee recruiting and hiring practices; and challenges to benefit plan determinations.

Mr. Cerasia is a frequent speaker and writer on employment and benefits law issues. He graduated valedictorian and summa cum laude from the University of Bridgeport School of Law in 1991, and he received a dual B.S. in industrial and labor relations and managerial law and public policy from Syracuse University in 1987.

02-22-2007

David Wolfsohn of Woodcock Washburn Presenting on Effective Pre-Trial Practices
David J. Wolfsohn, a partner with the intellectual property law firm Woodcock Washburn LLP, presented to the National Business Institute on “Effective Federal Pre-Trial Practice” at the Philadelphia Crown Plaza on Feb. 22. Wolfsohn’s topics are “Working with Expert Witnesses” and “Motion Practice - How to Prepare, Serve and File Specific Motions.”

Wolfsohn concentrates his practice on intellectual property litigation, including matters involving patents, copyrights, and trade secrets.

02-22-2007

Mike Alessio Elected to Winstead's Executive Committee
Michael F. Alessio, a shareholder in the Real Estate section of Winstead's Dallas Office, was elected to the law firm's Executive Committee. Alessio replaces Dallas shareholder Jay Madrid, who vacated his position to become the department head of Winstead's Controversy and Dispute Resolution Department.

Alessio has been a member of Winstead's Real Estate Section since 1995 and is known for his strong leadership skills and dedication to the firm. He formerly served as chairman of the firm's law school hiring program and Recruiting Committee. Alessio's areas of practice involve a wide variety of commercial real estate transactions, including the acquisition and disposition of investment-grade property, commercial development, office and retail leasing, and financing transactions.

"I'm looking forward to serving on Winstead's Executive Committee and focusing on initiatives to help Winstead excel in the service we provide for our clients. My goal is to work with our talented attorneys and support staff and identify new opportunities in the regions and industries where our clients want to grow," said Alessio. He joins two other new members of Winstead's Executive Committee, Dallas shareholder Michelle Rieger and Austin shareholder Peyton Smith. Both were elected in December 2006.

Alessio is a member of the State Bar of Texas; the Dallas Bar Association; the Dallas Bar Real Estate Discussion Group; and the Real Estate Council. He was named a Texas Super Lawyer by Texas Monthly magazine in 2005; a Texas Rising Star by Texas Monthly magazine in 2004 and 2005; and a Best Lawyer in Dallas Under 40, by D Magazine in 2002, 2005 and 2006. Alessio received his J.D. from Southern Methodist University Dedman School of Law, graduating cum laude.

02-22-2007

Jeff M. Cohen Joins Troutman Sanders In Its Washington Office
The law firm of Troutman Sanders LLP is pleased to announce the addition of Jeff M. Cohen as partner to its International practice group in Washington, D.C.

Cohen comes to Troutman Sanders from Nixon Peabody LLP, where he was a partner from 1996 to 2006 in their Washington, D.C. office and served as the firm’s Australia/Southeast Asia practice team leader.

“We are thrilled to welcome Jeff to the firm,” said Kevin Fitzgerald, managing partner of Troutman Sanders’ Washington office. “He brings to Troutman Sanders a broad range of experience dealing with international business, corporate and securities law.”

Cohen’s practice will focus primarily on international business transactions, including mergers and acquisitions, private equity and venture capital transactions, joint ventures and strategic alliances, and corporate and securities law matters, in the areas of energy, telecommunications and technology. His practice will also include the review and negotiation of commercial agreements, including licensing and manufacturing agreements, software and e-commerce development agreements, and equipment leases.

“Jeff’s strong international business experience will be an asset for the firm in assisting our current clients and focusing on new global opportunities,” said Robert W. Webb Jr., chairman and managing partner of Troutman Sanders.

Cohen's extensive business law and transactional experience includes acquisitions of companies out of bankruptcy, angel and venture capital round financings, business divorce, corporate finance and reorganizations, employment and consulting agreements, entity formation and maintenance, equity compensation plans and agreements, initial public offerings, licensing and commercial agreements, and securities law compliance. He also has extensive experience in banking, commercial transactions, executive compensation and stock plans.

Cohen received his B.A. in 1981 from the State University of New York at Albany, and earned his J.D. from George Washington University in 1984.

02-22-2007

Troutman Sanders’ Attorneys In Top Five Percent.
Troutman Sanders LLP is pleased to announce that 62 of its lawyers have been selected for inclusion in the 2007 edition of Law & Politics’ Georgia Super Lawyers.

For inclusion and distinction as a “Super Lawyer,” attorneys are selected by their peers based on an extensive balloting, research and blue-ribbon review process. This year, Law & Politics sent out approximately 23,000 ballots to active Georgia lawyers and asked them to nominate attorneys whom they have personally observed in litigation, transactional or other legal matters. The voting attorneys were asked not to choose a candidate based on reputation alone, but on certain criteria, such as peer recognition, professional achievement, civic service and pro bono activities.

02-22-2007

Smith Anderson Lawyers Merrill Mason and John Therien Invited Speakers at NCSU
At the invitation of NCSU College of Engineering Professor Stephen J. Walsh, Smith Anderson lawyers Merrill M. Mason and John R. Therien recently gave students in Dr. Walsh and Dr. Tom Miller's Entrepreneurs class a real-world sense of what actual start-up companies face from idea to inception.

Their interactive presentation "Legal Issues for Start-Ups and Intellectual Property Basics" provided an overview of the important issues facing start-up organizations including key terminology; the role of the corporate lawyer; corporate entity advantages and disadvantages; how to incorporate; stock-related issues; early business matters to address; tax considerations; board of directors; and how to protect your Intellectual Property assets.

Attendees at the Council for Entrepreneurial Development (CED) Opportunity Conference in December 2006 also heard Mr. Mason present this material.

For a copy of Mr. Mason and Mr. Therien's PowerPoint presentation, please contact Eileen LePage at elepage@smithlaw.com.

Mr. Mason practices in the areas of corporate and securities law. He represents emerging and entrepreneurial companies and focuses his practice on venture capital; securities; mergers and acquisitions; intellectual property; and general corporate matters.

Mr. Therien focuses his practice primarily in the areas of technology licensing and commercialization, life sciences and the acquisition and protection of intellectual property rights.

02-22-2007

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