Law Firm News

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Law Firm News

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Lowis & Gellen LLP

Lowis & Gellen Attorneys Defeat $15 Million RICO Claim Against UK Trading Firm
Lowis & Gellen attorneys Gerald Haberkorn, Kevin Clancy and Joan Kubalanza recently represented IFX Markets, Ltd., a London based foreign currency trading firm, in defense of a RICO lawsuit filed by former investors in the District of Columbia. The plaintiffs alleged that a former independent contractor of IFX solicited over $5 million in investments in D.C. by fraudulent means and that they ultimately lost the entire amount. They sued IFX directly in the D.C. federal District Court alleging substantive RICO violations and RICO conspiracy, seeking treble damages under RICO of at least $15 million. IFX general counsel, Cary Depel, turned to Lowis & Gellen, which maintains an office in London, to defend the lawsuit. Lowis & Gellen filed a 45-page motion to dismiss the lawsuit for lack of personal jurisdiction against the UK company, and also for failure to state a viable cause of action under RICO. The plaintiffs filed a motion seeking leave to obtain discovery on the jurisdictional issues, which would have imposed tremendous costs on IFX and delays in the proceedings. Lowis & Gellen successfully defeated that motion, arguing that pleadings alone were sufficient to illustrate the lack of jurisdiction against IFX, a foreign entity with no offices in D.C. Ultimately, the District Court issued a 20-page opinion dismissing the case with prejudice based on the lack of personal jurisdiction, and fully adopting the arguments presented by Lowis & Gellen.

After hearing news of the victory, Mr. Depel reported the news to his management saying: “This case had potential $15m exposure. I cannot tell you how pleased I am – this case could have gone to trial and yet we were dismissed out at the pleadings stage! Lowis & Gellen has been worth every penny.” Mr. Depel said that he knew that it is a difficult task to get such a significant case dismissed outright at the pleading stage “but I had confidence in Lowis & Gellen all along.

02-22-2007

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Kramer, Levin, Naftalis & Frankel, LLP

Court Reverses Decision on Prisoner Phone Calls Criticized by KL Amicus Brief
The New York Court of Appeals on February 20, 2007 revived a lawsuit challenging the substantial commission charged by the Department of Correctional Services on phone calls made by prison inmates. The Court ruled largely in favor of the family members challenging the surcharge, permitting their action to proceed on all claims under the state constitution. Kramer Levin, through associate Keith M. Donoghue, assisted by associates Erin E. Oshiro and Aaron S. Fleischer, and supervised by partner Eric A. Tirshwell, submitted a friend-of-the-court brief on December 1, 2006 on behalf of The Sentencing Project, the NAACP Legal Defense and Educational Fund, the National Association of Criminal Defense Lawyers and 15 additional organizations.

See related stories:
* Kramer Levin Noted in Article on Amicus Curiae Brief Filed in Phone Prison Appeal
* Kramer Levin Submits Friend-of-the-Court Brief to NYS Court of Appeals Regarding Surcharges to Prisoner Telephone Calls

02-22-2007

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Kirkland & Ellis

Kirkland & Ellis Secures Largest Patent Infringement Verdict Ever
Kirkland & Ellis LLP is pleased to announce that John Desmarais and his trial team secured a victory for client Alcatel-Lucent in their patent infringement battle with Microsoft Corp. On January 22, a jury in California ordered Microsoft to pay Alcatel-Lucent $1.52 billion for using digital music technology without permission. This verdict is reported to be the largest patent infringement verdict in history.

Kirkland's trial team included attorneys John Desmarais, Robert Appleby, Paul Bondor, Michael Stadnick, Edward C. Donovan, Jordan Malz, Karen Robinson, Alan Kellman, Elizabeth Bernard, Jason Grauch, Jason Choy, Sharon Billington, Sean McEldowney and Aaron Schechter; legal assistants Jay Mafale, Dena Bouchard, Casey Street, Kyle Caffrey, Mike Catanese and Matthew Hu; and practice assistants Regina Sarnicola, Joyce Stark and Christine Gonzalez.

02-22-2007

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King & Spalding

Legal Dealmakers
Some of King & Spalding's exceptional deal work from 2006 was highlighted in this special section of the Atlanta Business Chronicle.

02-22-2007

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Jackson Walker L.L.P.

2007 TAB Chair Jay Rutherford: Leadership for Texas Business
It's a rare thing for the media to use words such as "super" to describe a person. They are usually much more reserved. So it's truly significant that a publication as respected as Texas Monthly used these words to describe TAB's Chairman, Jay Rutherford, not just once, but three times – in 2003, 2004 and 2006.

In assuming the chairmanship for TAB, Jay hopes to make 2007 a super year.

"Our goal at TAB is to help Texas maintain its competitive advantage and continue to be a great place to conduct business. That will be my focus for the year and I encourage all TAB members to step forward and help make 2007 a great year for the organization and for businesses across the state," said Rutherford.

Jay Rutherford is a partner in the Labor and Employment section of Jackson Walker, and is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. He graduated from Texas Tech University with a degree in Agricultural Economics, and then from the University of Texas at Austin School of Law. From 2001 to 2005, Fort Worth, Texas magazine named him one of the top Tarrant County Employment Lawyers and, in 2002, the Ft. Worth Business Press honored him as one of the Top 40 Under 40.

During his practice, he's treaded the unpredictable waters of labor disputes, employment discrimination, wrongful termination, sexual harassment and civil rights litigation. He counsels clients in all matters affecting employer-employee relationships, the Fair Labor Standards Act, Title VII of the Civil Rights Acts of 1964 and 1991, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Family and Medical Leave Act, and all other state and federal labor/employment statutes.

Rutherford encourages his TAB associates to speak up if they have issues with which they need organizational support.

"We have a great staff at TAB, but they can only be effective in representing our interests if they hear from members. That's what it means to be a member-driven organization.

"TAB members should be prepared to let their interests be known to their respective legislators as well. Our staff is certainly effective, but we all know the impact when our elected officials hear from the folks back home," stated Rutherford.

Jay Rutherford is educated, experienced, and earnest. We look forward to his leadership and what the year will bring. Something tells us it might be "super.

02-22-2007

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Hunton & Williams, LLP

Ian Ralby named 2007 Gates Cambridge Scholar
A William and Mary Law School graduate was recently named a 2007 Gates Cambridge Scholar. Ian Ralby (JD ‘05), currently an associate with Hunton & Williams in Norfolk, Va., is the first William and Mary graduate to receive the scholarship.

“Ian is a terrific person who has managed to overcome numerous obstacles through the force of his character,” said Mitchell Reiss, William and Mary’s Vice Provost for International Affairs. “His career to date is impressive and I expect him to make a major impact in the years to come in helping resolve conflicts around the world.”

Established in 2001, the Gates Cambridge Scholar program enables outstanding graduate students from outside the United Kingdom to study at Cambridge. According to the Web site, the scholars are chosen based on their intellectual ability, leadership capacity and desire to use their knowledge to contribute to society throughout the world by providing service to their communities and applying their talents and knowledge to improve the lives of others.

A native of Baltimore, Md., Ralby received both his undergraduate and master’s degrees in 2002 at the University of Maryland Baltimore County where he also competed as a champion diver. While at William and Mary, he served for two years on the William and Mary Law Review, first as a staff member and then as notes editor. He was a member of the International Law Society, helped found the George Wythe Society, and was a Dean’s Associate.

In 2005, he and 20 other William and Mary law students worked for the Department of Justice as clerks for the Iraqi High Tribunal, providing legal support for the judges who tried Sadaam Hussein and his top lieutenants.

After graduating from William and Mary Law School, he joined Hunton & Williams LLP in Norfolk, specializing in maritime law. He also is a member of the U.S. Coast Guard Auxiliary and serves as a captain and staff judge advocate in the Virginia Defense Force. But his interest in international conflict resolution--which he studied in both Switzerland and Mexico during his college years--has not dimmed.

Growing up with an abusive father gave Ralby an early education in how to confront conflict. In 2002, Ralby and his brother, Aaron, reported their father, an Episcopal priest, and later that year testified against him in Ecclesiastical Court. He was found guilty and defrocked.

“Ridding myself of my father was an important lesson in resolving conflict,” Ralby said. “With the support of my mother and brother, I was able to see that I could choose to learn from my experience. Dealing with my situation directly and openly has helped me both to understand the process of overcoming conflict and to empathize with others who cannot yet see the end to their own difficulties.”

In order to pursue his passion, Ralby began applying for graduate schools and scholarships. Many of his former William and Mary law school professors provided advice, encouragement and assistance in the process.

“The training at William and Mary and the relationships forged at William and Mary all contributed greatly,” said Ralby. “This was a wonderful place for me to explore the ideas I had and find out they were passions I could devote my life to.”

Ralby will leave in September to study international relations at St. John’s College Cambridge. He intends on getting his master’s degree and eventually his Ph.D., but isn’t sure what will come next for him. However, he does know, that whatever it is, he will always be involved in public service.

“I can think of no more satisfying work than supporting nations in their efforts to rebuild after conflict. I so appreciate that the Gates Cambridge Trust is making it possible for me to do that work.

02-22-2007

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Fenwick & West, LLP

Fenwick & West's Silicon Valley Venture Capital Survey Reveals Further Increases in Valuations in 4th Quarter of 2006
Fenwick & West LLP today announced results of its Fourth Quarter 2006 Silicon Valley Venture Capital Survey.

The survey analyzed the valuations and terms of venture financings for 113 technology and life science companies headquartered in the Silicon Valley/San Francisco Bay Area that reported raising capital during the fourth quarter of 2006.

"The results showed a continuation of the strong positive trend in venture valuations," said Barry Kramer, partner in the firm and co-author of the survey. "Up rounds exceeded down rounds for the twelfth consecutive quarter," said Kramer. "During the quarter, up rounds outpaced down rounds 67% to 22%, with 11% of the rounds remaining flat."

An up round is one in which the price per share at which a company sells its stock has increased since its prior financing round. Conversely, a down round is one in which the price per share has declined since a company's prior financing round.

Fenwick & West's Venture Capital Barometer™ – which measures the change in share price of Silicon Valley companies funded during the quarter compared with the share price of their previous financing round – was up 69% for the quarter.

"This was the largest increase since the survey began," said Kramer, "driven in significant part by nine 4Q06 financings in which the purchase price of the stock sold in the financing was at least three times higher than the prior round. Of these nine financings, most were Web 2.0 and related fields."

Michael Patrick, also a partner in the firm and survey co-author, said, "As reported by Dow Jones/VentureSource, aggregate venture investment in the U.S. during the quarter was $5.8 billion. Although this amount was approximately 15% less than the amounts invested in 3Q06 and 2Q06, it fell solidly within the $5-7 billion quarterly range seen since the end of 2003. Overall, the amount invested by venture capitalists in the U.S. in 2006 was up approximately 8% over 2005."

Patrick also noted that IPOs of venture backed companies improved noticeably in 4Q06, with 18 IPOs raising $1.2 billion in 4Q06. "2006 was the second best IPO year since 2000," he pointed out, "with 56 venture backed IPOs raising $3.7 billion.

02-22-2007

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