Law Firm News

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Wade, Clark & Mulcahy, Attorneys At Law

WCM Victorious in Federal District of New Jersey E&O Claim
Partner David Tavella was victorious in a Federal District of New Jersey pre-answer motion to dismiss the complaint. In the case of Transport Management v. Wrag Time, our client was a broker who procured a liability insurance policy for Wrag Time. When Wrag Time suffered a cargo fire, its insurers (from whom our client obtained the insurance policy) paid the claim. Unbeknownst to them, however, Wrag Time had also received payment for the loss from the party actually responsible for causing the fire. When Wrag Time’s insurers discovered this fact, they sued Wrag Time for fraud and conversion.

Wrag Time then sued our client, its broker. Wrag Time pleaded that our client had obtained the wrong kind of insurance policy and that was why Wrag Time was being sued for fraud and conversion by its insurers. We moved to dismiss the complaint in lieu of an answer. We argued that since Wrag Time’s fraud and conversion could not be attributed to our client and since Wrag Time’s insurer had paid the claim, our client had not breached any owed professional duty.

The trial court agreed and dismissed plaintiff’s complaint.

02-21-2007

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Wade, Clark & Mulcahy, Attorneys At Law

WCM Victorious in New York First Department Appeal Arising Out of 9/11 Attacks
Partner Nicole Brown was victorious in a New York First Department appeal arising out of the 9/11 attacks. In the case of Campoverde v. Liberty LLC, et. al., while performing post 9/11 decontamination and clean-up work, the plaintiff fell from a scaffold and alleged various resulting back injuries. The basis of plaintiff’s complaint was N.Y. Lab. §200 that makes an owner strictly liable for gravity related falls and §241(6) that makes an owner liable for its contractors’ failure to maintain the work site in a safe condition. Our client was the owner of the condominium unit where the accident occurred.

At the close of discovery, we moved for summary judgment. We argued that, although our client was the owner of a condominium unit located a mere block from the WTC site, in the aftermath of the 9/11 attacks, The City of New York's Department of Environmental Protection mandated the evacuation of our client’s property. The City of New York then retained plaintiff’s employer to clean and decontaminate our client’s property. In light of these facts, our client was a fully displaced owner that had no control over the work being done at its property. Consequently, N.Y. Lab. §200 and §241(6) did not apply.

In opposition, plaintiffs argued that notwithstanding these facts, as owner, our client had a nondelegable and nonwaivable duty to ensure that the provisions of N.Y. Lab. §200 and §241(6) were complied with. The trial court agreed with us and dismissed plaintiffs’ claims. Plaintiffs appealed.

In one of the first appellate decisions to directly address the events of 9/11, the First Department unanimously affirmed the trial court’s decision.

02-21-2007

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Wade, Clark & Mulcahy, Attorneys At Law

WCM Granted Summary Judgment in Brooklyn, NY Construction Action
Associate Tamara Mosby was granted summary judgment in a Brooklyn, NY personal injury construction accident. In the case of Flores v. Keyspan, the plaintiff tripped and fell on an allegedly sunken and improperly patched area near a pothole. Plaintiff alleged that our client (among others) had improperly repaired the pothole. As a result of her fall, plaintiff fractured the fifth metatarsal bone on her left foot – a condition that required two surgeries to treat. Our client was a subcontractor who had performed work in the area of the accident approximately one year before the accident.

At the close of discovery, we moved for summary judgment. We argued that the plaintiff could not make out a prima facie case of negligence against our client, since our client’s work occurred approximately 400 feet from the accident site. In opposition, plaintiff argued that there was a question of fact as to just where our client worked that could only be resolved by a jury.

The trial court rejected plaintiff’s opposition, and dismissed all claims against our client.

02-21-2007

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Smith, Gambrell & Russell, LLP

SEVENTEEN ATTORNEYS NAMED SUPER LAWYERS
Seventeen Smith, Gambrell & Russell attorneys were selected as 2007 Georgia Super Lawyers. Super Lawyers is an annual listing of the top five percent of attorneys in the state. Attorneys are selected based on peer nominations. The list of Georgia Super Lawyers appeared in the March 2007 issue of Atlanta Magazine.

This year’s Super Lawyers represent all of SGR’s major practice areas and comprise nearly 20 percent of the firm’s partners. Congratulations to:

Thomas H. Asselin: Construction/Surety
Lisa L. Ballentine: Employment & Labor
Paul G. Durdaller: Bankruptcy & Creditor/Debtor Rights
Stephen M. Forte: Business Litigation
Ira Genberg: Construction Litigation
Michael S. Haber: Bankruptcy & Creditor/Debtor Rights
Dale Lischer: Intellectual Property Litigation
L. Brett Lockwood: Business/Corporate
J. Rodgers Lunsford III: Intellectual Property Litigation
James P. Monacell: Bonds/Government Finance
James H. Morgan, Jr.: Estate Planning & Probate
Stephen E. O’Day: Environmental
Thomas W. Rhodes: Antitrust Litigation
David W. Santi: Tax
Robert C. Schwartz: Banking
Howard E. Turner: Securities & Corporate Finance
Kathryn M. Zickert: Environmental

02-21-2007

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Thompson & Knight LLP

T&K Chief Diversity Officer Recognized as Influential Leader
Thompson & Knight LLP is proud to announce Chief Diversity Officer and Partner Pauline E. Higgins has been selected as one of the "Influential African American Leaders in Texas" by Minority Business News Texas. This feature showcases the talent, vision, and dedication that prevail in the African American community.

"I am truly honored to be recognized by MBN Texas for my leadership," says Ms. Higgins. "It is humbling to know that I have made an impact on the communities in which I serve," she says.

In her role as the Firm's Chief Diversity Officer, Ms. Higgins designs and implements initiatives that support the Firm's commitment to cultivate and maintain diversity and inclusion. Ms. Higgins is also a Partner in the Finance Practice Group in Thompson & Knight's Houston office. She represents clients in structured finance, asset securitizations, asset backed securities transactions, and mergers and acquisitions.

MBN Texas is a monthly news magazine about business enterprise and diversity. The magazine will feature the "Influential African American Leaders" in an upcoming edition of the publication.

02-21-2007

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Shearman & Sterling LLP

Shearman & Sterling Advises Real I.S. on Financing of Acquisition of London Gherkin
IVG AG and Evans Randall acquired 30 St Mary Axe London, informally known as the Gherkin, from Swiss Re for a purchase price of approximately £600 million. A part thereof was financed through a hybrid instrument issued by Centurio Lux S.A. Shearman & Sterling advised Munich-based real estate company, Real I.S. AG, which arranged the financing for Centurio Lux. This transaction is the most expensive for a single building in the City of London.

The following Shearman & Sterling lawyers advised Real I.S. on this transaction: partners Gottfried E. Breuninger (Munich-Tax), Astrid Krüger (Munich-M&A), Clifford Atkins (London-Finance), Michael McGowan (London-Tax) and Ian Nisse (London-Property), counsel Alan Gutteridge (London-Property) and associates Winfried Carli (Munich-European Finance), Emma Hardwick (London-Property), Christian Jahn (Munich-European Finance), Sebastian Shorr (London-Property), Will Smith (London-Tax) and Christian Wimpissinger (Munich-Tax).

02-21-2007

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Shearman & Sterling LLP

Shearman & Sterling Represents NicOx S.A. in the Largest Ever Capital Increase Carried out by a French biotech Company
Shearman & Sterling represented NicOx S.A. in its € 130 million capital increase with preferential subscription rights for existing shareholders implemented to further support the development of NicOx's drug development pipeline in its core therapeutic areas of cardiometabolic and inflammatory diseases.

This transaction was the largest capital increase carried out in Europe by a company operating in the biotech sector in over five years and the largest capital increase ever carried out by a French biotech company.

NicOx is a product-driven biopharmaceutical company dedicated to the development of nitric oxide-donating drugs to meet unmet medical needs. The company is targeting the therapeutic areas of inflammation and cardiometabolic disease.

Attorneys included partner Robert Treuhold (Paris-Capital Markets/M&A), European counsel Aline Cardin (Paris-Capital Markets) and associates Patrick O'Sullivan (formerly Paris-Capital Markets) and Guillaume Dolidon (Paris-Capital Markets).

02-21-2007

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