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Epstein Becker & Green, P.C.

Governor Schwarzenegger Appoints Dale E. Bonner Secretary of Business, Transportation and Housing Agency
Governor Arnold Schwarzenegger today announced the appointment of Dale E. Bonner as the secretary of the Business, Transportation and Housing Agency (BT&H).

“Last November, California voters approved the historic $37.3 billion Strategic Growth Plan bonds to rebuild California and in my State of the State address, I proposed additional investments in transportation along with implementing more public-private partnerships. Dale’s commitment to public service and background in both state government and the private sector are tremendous assets as we invest in California’s future,” said Governor Schwarzenegger.

Bonner has served as a partner in the law firm Epstein Becker & Green since 2002, where he specializes in government contracts, health care law and represents domestic and foreign technology and services firms in state and local procurement matters. From 1999 to 2002, he was of counsel to the law firm Hogan & Hartson. Prior to going into private practice, Bonner served in the public sector as commissioner for the California Department of Corporations from 1998 to 1999 and deputy secretary and general counsel for BT&H from 1996 to 1998. At the Department of Corporations, he was responsible for overseeing the regulation of California’s corporate securities, financial services and managed care industries. Bonner previously was deputy legal affairs secretary in the Office of Governor Pete Wilson from 1992 to 1996. He serves on the California Science Center Board of Directors and is a past member of the BT&H Expert Review Panel, Los Angeles City Ethics Commission and California Performance Review Commission. He became a member of the California State Bar in 1991.

“I have had a life-long interest in public service and am honored Governor Schwarzenegger has chosen me for this position,” said Bonner. “I look forward to working with the Governor, who has been visionary in his efforts to rebuild California’s infrastructure and stimulate our economy.”

Bonner, 41, of Los Angeles, earned a Juris Doctorate degree from Georgetown University Law Center and a Bachelor of Arts degree from the University of Southern California. This position requires Senate confirmation and the compensation is $157,000. Bonner is a Republican.

The state Business, Transportation and Housing Agency (BTH) oversees the activities of 13 departments consisting of more than 42,000 employees, a budget greater than $11 billion, plus several economic development programs and commissions. Its operations address financial services, transportation, affordable housing, real estate, managed health care plans and public safety.

02-15-2007

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Cleary, Gottlieb, Steen & Hamilton, L.L.P.

Cleary Gottlieb Wins Belgian Legal Award for Its Corporate Practice
Cleary Gottlieb was named "Corporate Law Firm of the Year" at an annual award ceremony for law firms in Brussels.

More than 650 participants attended the award ceremony, which was held on February 15, 2007 in Brussels. The awards are given by a jury of representatives of companies active in Belgium, journalists and judges.

02-15-2007

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Clausen Miller PC

Partners Ritchie & Zidek Get Late Call and Pull Out a Victory
Clausen Miller partners P. Scott Ritchie and Michael Zidek were called late in December to take over a case scheduled for trial in only five weeks. The case involved a woman who claimed she was severely injured when a purported malfunctioning hydraulic door closer caused the heavy wooden door of the restaurant she was entering to slam on her back and foot. She obtained treatment from 18 different medical providers.

After a review of the voluminous file materials. Scott and Mike established a schedule to review the deposition testimony and interview the witnesses, meet the previously selected experts, and simultaneously prepare motions in limine and jury instructions. While the strategy of the previous counsel had been to admit liability and argue damages, Scott and Mike presented an alternate defense plan to the client: not only contest liability, but ask for leave to file an affirmative defense of contributory negligence. After receiving leave to file the affirmative defense, Mike and Scott immediately withdrew the previous offer of $600,000 and completed their trial preparation.

At trial, the plaintiffs asked for $2,224,000 for past medical expenses of $128,000, pain and suffering and loss of consortium. After 2 hours of deliberation, the jurors returned a not guilty verdict and specifically rejected the plaintiffs' contentions of negligence. After the trial, several of the jurors complimented Scott and Mike on their preparation, their cross examination skills and the presentation of their final argument. The jurors specifically mentioned that they liked the succinct and concise direct and cross examinations Scott and Mike conducted.

Scott and Mike’s efforts demonstrate the ability of Clausen Miller attorneys and their support staff to respond quickly to new assignments, even when called to do so on the eve of trial.

02-15-2007

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Clausen Miller PC

Clausen Miller Attorneys Achieve Victory for Essex Insurance
Clausen Miller attorneys Melinda S. Kollross, Steven N. Novosad and Chip G. Schoneberger made the front page of the Chicago Daily Law Bulletin on Monday, February 12, 2007. Representing Essex Insurance, a summary judgment was obtained and then affirmed on appeal. At issue was O'Hare Auto Recycling's alleged destruction of a sport utility vehicle needed as evidence in a product liability suit. Essex argued that its policy does not cover a spoliation of evidence claim. The victory was getting Illinois court determinations that claims of negligent spoliation of evidence are not covered under a CGL policy. The First District Appellate Court ruled in favor of Essex, determining that this decision should be published in the permanent law records. This case of first impression in Illinois does not appear to have been addressed in many other jurisdictions, and is destined to be cited often in future law.

02-15-2007

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Weil, Gotshal & Manges, LLP

Weil Gotshal Advises Flint Hill Resources in its Pending Acquisition of Huntsman Corporation's US Base Chemicals and Polymers Business
Flint Hills Resources, LLC, a wholly owned subsidiary of Koch Industries, Inc., will acquire Huntsman Corporation’s US Base Chemicals and Polymers business. Huntsman is a global manufacturer and marketer of differentiated chemicals. Weil, Gotshal & Manges LLP is representing Flint Hills Resources in this transaction in which the company will acquire the manufacturing assets of Huntsman’s US commodities business for $456 million in cash plus the value of inventory. The transaction is expected to close during the third quarter of 2007.

The Weil Gotshal team working on this transaction consists of partner Glenn West and associate Matthew Newby.

02-15-2007

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Robinson & Cole LLP

Robinson & Cole Business & Public Finance Lawyer Elected to Board of Urban League of Greater Hartford
R&C Business & Public Finance lawyer Kevin J. Rasch was recently elected as a member of the Board of Directors of the Urban League of Greater Hartford, Inc. The Urban League of Greater Hartford assists African Americans and other community members to achieve social and economic equality through education; housing and economic development; community health; training and employment; and youth and family services.

02-15-2007

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Fulbright & Jaworski L.L.P.

Fulbright Obtains $65.5M Reversal and Take-Nothing Judgment for Wells Fargo
A Fulbright appellate team, led by Wendell Hall, successfully reversed a $65.5M trial judgment and obtained a take-nothing judgment in favor of firm client Wells Fargo.

In the case Baker Botts and Wells Fargo v. Cailloux, the Fourth Court of Appeals held that Baker Botts’ estate planning attorneys and Wells Fargo’s trust department officers did not cause the testatrix to execute a disclaimer (when she otherwise would not have done so), despite the appellee’s allegations of negligence, breach of fiduciary duty and legal malpractice.

The appeals court found there was no evidence of causation or damages.

The appeals court further held that the trial court committed reversible error by requiring Baker Botts and Wells Fargo to each fund a $65.5M “equitable trust.” Noting that an equitable trust is designed to convey property improperly held by one entity to its rightful owners, the appeals court held that neither of the appellants held title to the disclaimed property. The appellate court further held that the equitable trust would put the testatrix in a better position than she would have been prior to trial.

02-15-2007

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