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Berman to Speak at ABI Caribbean Insolvency Symposium
FKSA partner Scott M. Berman will speak at the American Bankruptcy Institute's third annual Caribbean Insolvency Symposium. Mr. Berman will participate in a panel discussion titled "Hedge Fund Failure: The Good, The Bad, The Ugly." Other panelists are Alistaire Bambach of the Securities and Exchange Commission, Professor Edward R. Morrison of Columbia Law School, and Kenneth Krys of RSM Cayman Islands. The panel will be moderated by Francis C. Morrissey, counsel at Edwards Angell Palmer & Dodge LLP in Boston.

The conference, which is hosted by the ABI, the Puerto Rico Bankruptcy Bar Association and the Federal Bar Association of Puerto Rico, offers 9.5 CLE credit hours (including 1.5 hour of ethics), and will take place February 8-10, 2007 at the Ritz-Carlton San Juan Hotel in Puerto Rico.

02-21-2007

FOSTER SWIFT ANNOUNCES NEW SHAREHOLDERS
The law firm of Foster, Swift, Collins & Smith, P.C. is pleased to announce that Rebecca Davies, Claire Groen & Deborah Williamson have become shareholders. Born in Detroit, Michigan, Rebecca Davies received her undergraduate degree from the University of Michigan at Dearborn and her juris doctorate, magna cum laude, from the Detroit College of Law.

Prior to joining the Farmington Hills office of Foster Swift, Rebecca worked for a major trucking company in Southeastern Michigan. She practices primarily in the areas of employment law, transportation and commercial litigation. Rebecca is admitted to practice before the United States Sixth Circuit Court of Appeals and the federal district courts for the Eastern and Western Districts of Michigan. She represents employers in federal and state court litigation and before state and federal administrative agencies. She regularly counsels employers regarding compliance under federal and state employment laws (including FLSA, FMLA, ADA and Title VII) policies and procedures and she advises on preventive strategies for employers. Rebecca is a frequent speaker on employment topics.

Claire Groen joined Foster, Swift in 1998 and is resident in the firm's Grand Rapids office. She received her undergraduate degree from Calvin College and was awarded her juris doctorate from Indiana University School of Law at Bloomington. She focuses her practice in Labor & Employment Law and has developed special expertise in handling discrimination issues, disability and medical leaves, wage and fringe benefit issues, and the unique employment issues faced by public employers. Because of her expertise, Claire is a frequent speaker around the State on issues related to employment law. She has spoken on numerous employment law topics for the Michigan Chamber of ommerce, the Michigan Townships Association, the Michigan Library Association, and to many other private and public entities. As an author, Claire has been published in the Public Corporation Law Quarterly and contributed to the following guides for Michigan employers: "Wage & Hour Handbook: Guide for Michigan Employers", "Employment Handbook: Guide for Michigan Employers", "Hiring-to-Termination Handbook: Guide for Michigan Employers", and "100 Biggest Mistakes of Personnel Management and How To Avoid Them." Admitted to the Michigan Bar, Claire holds memberships in the American Bar Association, the State Bar of Michigan, the Grand Rapids and Ingham County Bar Associations.

Deborah Williamson joined Foster, Swift, Collins & Smith in 2003. She is a member of the Health Care Practice Group in the firm's Farmington Hills office. She is a graduate of Western Michigan University and received her law degree, magna cum laude, from Michigan State University’s Detroit College of Law. Deborah represents physicians, physician groups, psychologists, dentists, physical therapy organizations, IDTF’s, ambulatory surgical centers, pharmacies, home health care agencies and numerous other health care providers in all aspects of health care law including Stark, fraud and abuse, regulatory compliance, Medicare and private payor audits and overpayment appeals, payor disaffiliation appeals, reimbursement and billing, compliance plans, HIPAA, corporate transactions, professional licensure, medical staff and credentialing matters.

She is admitted to practice law in Michigan and in the U.S. District Court for the Eastern District of Michigan. She is a member of the State Bar of Michigan and its Health Care Section; the American Bar Association and its Health Law Section as well as the American Health Lawyers Associa tion.

02-21-2007

DBMS Partners Recognized as 2007 Super Lawyers in Illinois
DBMS is pleased to announce six partners who have been named a 2007 Super Lawyer in Illinois. Super Lawyers are the top 5 percent of attorneys in each state, as chosen by their peers and through the independent research of Law & Politics.

• Norman J. Barry, Jr. named a Super Lawyer in Illinois in the area of Personal Injury Defense: General

• Donald J. Brown, Jr. named a Super Lawyer in Illinois in the area of Professional Liability: Defense

• Karen K. DeGrand named a Super Lawyer in Illinois in the area of Appellate

• Richard H. Donohue named one of the top 10 Super Lawyers in Illinois in the area of Personal Injury Defense: Medical Malpractice

• J. Kent Mathewson named a Super Lawyer in Illinois in the area of Civil Litigation Defense

• Anthony M. Pinto named a Super Lawyer in Illinois in the area of Personal Injury Defense: Medical Malpractice

DBMS Partners Recognized as 2005 and 2006 Super Lawyers in Illinois

• Norman J. Barry, Jr. named a Super Lawyer in Illinois in the area of Insurance Defense: Personal Injury in 2005 and 2006.

• Donald J. Brown, Jr. named one of the top100 Super Lawyers in Illinois in the area of Civil Litigation Defense in 2005 and 2006

• Richard H. Donohue named one of the top 100 Super Lawyers in Illinois in the area of Insurance Defense: Personal Injury in 2005. In 2006, he was given the top 10 honor in the area of Medical Malpractice: Defense.

• Richard B. Foster named a Super Lawyer in Illinois in the area of Class Action/Mass Torts in 2005

• John A. Krivicich named a Super Lawyer in Illinois in the area of Civil Litigation Defense in 2005 and 2006.

• J. Kent Mathewson named a Super Lawyer in Illinois in the area of Civil Litigation Defense in 2006.

• Robert W. Smyth, Jr. named a Super Lawyer in Illinois in the area of Civil Litigation Defense in 2006.

02-21-2007

DBMS Partners Recognized as Leading Lawyers in Illinois
DBMS is pleased to announce eight partners who have been named a Leading Lawyer in Illinois. The list of Leading Lawyers is the result of thousands of contacts with Illinois lawyers asking them which of their peers they believe comprise the top lawyers. Only those lawyers who are most often recommended qualify as Leading Lawyers.

• Norman J. Barry, Jr. in the areas of Commercial Litigation, Insurance, Insurance Coverage & Reinsurance Law, Personal Injury Defense Law, Professional Malpractice Defense Law: Including Legal/Technical/Financial, and Toxic Torts Defense Law.

• Donald J. Brown, Jr. in the areas of Professional Malpractice Defense Law: Including Legal/Technical/Financial, Medical Malpractice Defense Law, and Products Liability Defense Law.

• Richard H. Donohue in the areas of Class Action/Mass Tort Defense Law, Medical Malpractice Defense Law, Products Liability Defense Law, Professional Malpractice Defense Law: Including Legal/Technical/Financial, and ADR Law: Personal Injury.

• Richard B. Foster in the areas of Class Action/Mass Tort Defense Law and Products Liability Defense Law.

• John A. Krivicich in the areas of Class Action/Mass Tort Defense Law and Products Liability Defense Law.

• J. Kent Mathewson in the areas of Commercial Litigation, Medical Malpractice Defense Law, and Products Liability Defense Law.

• Robert W. Smyth, Jr. in the areas of Medical Malpractice Defense Law, Products Liability Defense Law, Professional Malpractice Defense Law: Including Legal/Technical/Financial, and Toxic Torts Defense Law.

• L. Michael Tarpey in the areas of Medical Malpractice Defense Law and Products Liability Defense Law.

02-21-2007

DBMS Welcomes 4 New Associates
The law firm of Donohue Brown Mathewson & Smyth LLC is pleased to welcome 4 new associates to the firm: Edward E. Fu, Matthew J. Healy, Michael P. Kelley and John P. Seaman.

Edward E. Fu concentrates his practice in product liability, professional negligence, and commercial litigation. Mr. Fu joined the firm following his graduation from Loyola University Chicago School of Law in 2006, where he was a member of the Loyola Law Journal and the Saul Lefkowitz National Moot Court Team. He served as a judicial extern in 2006 to the Hon. Richard D. Cudahy of the U.S. Court of Appeals for the Seventh Circuit. Mr. Fu received his undergraduate degree in chemistry from the University of Illinois at Urbana-Champaign.

Matthew J. Healy concentrates his practice in professional liability, product liability and commercial litigation. Mr. Healy joined the firm in September of 2006 from a Chicago litigation firm. Prior to that, he served clerkships with Judge Deborah Mary Dooling in the Chancery Division, Judge Brigid McGrath in the Law Division Commercial Calendar, and Judge Abishi Cunningham in the Law Division Motions Calendar.

Mr. Healy graduated from the University of Notre Dame, B.A., cum laude, where he was a member of the Dean’s List. He graduated from the University of Illinois College of Law, J.D. where he was a member of the school’s Trial Team and Environmental Moot Court. During law school, Mr. Healy interned for the Illinois Speaker of the House’s staff of attorneys in Springfield and clerked in the Champaign County circuit court.

Michael P. Kelley concentrates his practice in professional liability and products liability litigation. Mr. Kelley joined the firm following his graduation from Loyola University Chicago School of Law in 2006, where he received the CALI award for Excellence in Legal Writing I and II and was on the Dean's list. He also clerked for the Cook County State's Attorney in the Criminal Prosecution Bureau and the Juvenile Justice Bureau. Mr. Kelley received his undergraduate degree in English from Georgetown University in 1998 where he received Second Honors and was on the Dean's list.

John P. Seaman concentrates his practice in product liability, professional negligence and medical malpractice defense. Mr. Seaman joined the firm following his graduation from Loyola University Chicago School of Law, cum laude, in 2006. As a law student at Loyola, Mr. Seaman served as a staff editor on the Consumer Law Review and received several CALI Awards for excellence. Mr. Seaman received his undergraduate degree from Northwestern University in Economics in 1999.

02-21-2007

Spoliation of evidence law expanded.
The firm successfully argued that the doctrine of spoliation of evidence should be extended to a plaintiff’s “passive spoliation,” i.e. spoliation through inaction as opposed to action. Both the trial court and the appellate court agreed that a plaintiff cannot be free to stand idly by while crucial evidence may be altered or destroyed, and that a plaintiff has a duty to take all reasonable steps to notify the manufacturer of its potential claim and to preserve the evidence.

02-21-2007

Shire to Acquire New River Pharmaceuticals
Davis Polk & Wardwell is serving as U.S. counsel to Shire plc on its acquisition of New River Pharmaceuticals Inc. New River Pharmaceuticals is a specialty pharmaceutical company developing pharmaceuticals that are generational improvements of widely prescribed drugs in large and growing markets.

The transaction is structured as a tender offer followed by a merger in which Shire will pay $64 per New River share, valuing the transaction at approximately $2.6 billion. The tender offer, which is expected to commence on or before March 2, 2007 and to close early in April 2007, unless extended, is subject to the approval of Shire’s shareholders as well as customary closing conditions.

The Davis Polk corporate team includes partners John J. McCarthy Jr., who practices in both the London office and the New York office, and David M. Wells of the London office, associates John B. Meade and Nghiem Nguyen, both of the London office, Jennifer S. Mittelsteadt of the Frankfurt office and William J. Chudd, Mark M. Mendez, David L. Portilla (not yet admitted) and Shawn T. Richards (not yet admitted), all of the New York office, and legal assistant Malik M. Khalil of the New York office. Partner Kathleen L. Ferrell and associate Michael Bretholz, both of the New York office, are providing tax advice. Partner Lawrence E. Wieman of the New York office is providing credit financing advice. Partner Kyoko Takahashi Lin and associates Michael Steinberg and Ron M. Aizen, all of the New York office, are providing employment advice. Counsel Betty Moy and associate Marie-Christine Eldridge, both of the New York office, are providing environmental advice.

02-21-2007

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