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Brigida Benitez Appointed by D.C. Circuit to Court's Advisory Committee
Brigida Benitez, a partner in the Washington, DC office, has been appointed by the U.S. Court of Appeals for the D.C. Circuit to serve on the Court's Advisory Committee on Procedures. The Committee is charged with studying the rules and the internal operating procedures of the D.C. Circuit and making recommendations to the Court on possible improvements. John Pickering, one of the firm's founding partners and a past president of the DC Bar, was the Committee's first chair.

12-13-2006

Trumbull County, Ohio Trial Court Improperly Denies JNOV
The Ohio Court of Appeals for the 11th District overturned the trial court’s denial of a gasket manufacturer’s motion for judgment notwithstanding the verdict in a Trumbull County, Ohio mesothelioma case. The decedent’s only asbestos exposure occurred during an eighteen-month period from 1961 to 1962. Plaintiff’s witnesses testified that John Crane asbestos-containing products were used at GATX between 1965 and 1979 and that the suppliers and manufacturers were constant from 1961 to 1979. No witness testified that John Crane gaskets were used during the 1961-62 time period. The Appellate Court found that this post-dated exposure testimony was insufficient to prove decedent’s exposure to John Crane gaskets, saying:

[A]t a minimum, we believe that [plaintiff] had to show that [defendant’s] products were used or purchased ... during the pertinent exposure period. It is only common sense that in an elemental-causation analysis, if an asbestos-containing product was not used by or purchased by the employer, then it is impossible for the employee to have been exposed to dust from that product.

Plaintiff may not establish that the product was at the work place during the time of alleged exposure through conjecture and incompetent expressions of opinion or knowledge which extrapolate sales of products backwards in time to periods prior to the witnesses’ actual knowledge.

12-13-2006

Wendel, Rosen, Black & Dean LLP Adds Litigation Attorney Alexandra Foote to Environmental Practice
Oakland law firm Wendel, Rosen, Black & Dean LLP adds litigator Alexandra L. Foote as an associate to the firm’s environmental practice.

“We are pleased to welcome an associate of Alexandra’s caliber, as she brings both solid litigation experience and a passion for environmental law,” said Howard Lind, managing partner for Wendel Rosen. “2007 promises to be an active year for our clients as California’s increased focus on environmental issues and new regulations will create a variety of opportunities and challenges. Our environmental group is well positioned to address these matters for current and future clients.”

Foote joins Wendel Rosen from Lieff, Cabraser, Heimann & Bernstein, LLP. She has an extensive background in environmental law, regulation and legislation. Her litigation experience consists of products liability, toxic and mass torts, and multi-district and class actions in both state and federal courts. She has managed international cases with hundreds of clients worldwide. Her litigation background includes depositions, motion practice, oral argument and federal appellate work. In addition, her comprehensive mediation, arbitration and settlement negotiation skills have resulted in favorable resolutions for her clients. Foote received her J.D. from the University of California, Hastings College of the Law (2002), and her A.M. in Environmental Studies from Brown University (2000). She received her B.A., magna cum laude, phi beta kappa, with departmental honors from the University of Oregon, School of Architecture and Allied Arts in Planning, Public Policy and Management and Environmental Studies (1992).

12-13-2006

Townsend Elects New Partners For 2007
Townsend and Townsend and Crew LLP announced today the election of Matthew E. Hinsch and Anthony J. Malutta to partner, effective January 1, 2007. Dr. Hinsch practices in the firm's Biotechnology & Chemistry Group and Mr. Malutta practices in the firm's Trademark & Copyright Group. Townsend's newest partners both practice out of the firm's San Francisco office.

"Matthew and Anthony have already established themselves as leaders in their respective practice areas," remarked Townsend's chairman James G. Gilliland, Jr. "I know they will continue to make even greater contributions to the firm as partners."

Dr. Hinsch's practice concentrates on patent prosecution in the biotechnology industry. He has advised clients in multiple technical areas, including immunology, plant biology, disease therapeutics and diagnostics, and molecular biology. He represents a wide variety of clients, including academic institutions, start-up biotechnology and drug discovery companies, and large pharmaceutical companies. In addition to patent prosecution, he assists clients with freedom to operate analyses, validity/infringement opinions, interferences, due diligence reviews, and patent portfolio management.

Mr. Malutta’s practice focuses on providing comprehensive advice regarding the acquisition, use and enforcement of rights under U.S. and international trademark and copyright laws. He counsels clients about the proper selection and adoption of trademarks and he manages many global trademark portfolios for leading companies. In addition, Mr. Malutta litigates intellectual property disputes in federal and state courts, as well as before the Trademark Trial and Appeal Board. During his career with Townsend, Mr. Malutta has undertaken significant work for clients representing a wide range of industries, including apparel, biotechnology, computer hardware and software, e-commerce, financial services, food products, telecommunications, and transportation.

Townsend teams with businesses, inventors, entrepreneurs, scientists and investors to protect their innovative products and ideas. The firm offers a full range of intellectual property services, including patent, copyright and trademark litigation, prosecution and licensing, with additional expertise in antitrust; and other complex business litigation.

12-13-2006

Tonkon Torp Named a
The Portland Business Journal recently named Tonkon Torp as one of "Oregon's Most Admired Companies" among professional service firms in its 2006 survey. This is the second consecutive year that Tonkon Torp has appeared on the Portland Business Journal's top ten list.

The ten winners were selected by a survey of two distinct groups who were polled anonymously. The first group, made up of over 2,500 CEOs from across the state of Oregon, were asked their opinions on Oregon's greatest companies and asked to rank them in areas such as quality of goods and services, innovation, quality of management, community involvement, and branding and marketing. The second group included other members of the Oregon business community.

The award follows a year of significant growth for the firm in the state of Oregon.

12-13-2006

ABA Teleconference - State and Federal Green House Gas Regulation: Current Status, Outlook, and Implications for Renewable Energy
Pierce Atwood LLP's Energy Practice Group invites you to join us on Wednesday, December 13th for the next monthly national teleconference presented by The American Council on Renewable Energy (ACORE) in collaboration with the American Bar Association Section on Environment, Energy, Resources Renewable Energy Committee and Special Committee on Energy and Environmental Finance.

The growing recognition of climate change as a subject of the gravest concern is leading to action across the country. New York State recently issued its rule for implementing the Regional Greenhouse Gas Initiative (RGGI), the Northeastern states' mandatory green house gas cap regime. California recently enacted A.B 32., the Global Warming Solutions Act of 2006. Dozens of climate change related bills have been introduced in Congress and the Senate has gathered hundreds of comments and held extensive hearings on the subject. The design of any carbon cap program can have a profound impact on the growth of renewables. This expert panel will review the current status of green house gas regulation in New York State, California and at the federal level and discuss how such regulation can serve to foster or discourage the development of renewable energy.

Moderators:
* Edna Sussman, Hoguet Newman & Regal LLP (Live in New York, NY)
* Richard Saines, Baker & McKenzie LLP (Live in New York, NY)
Panelists:
* Assemblymember Fran Pavley, California 41st Assembly District (Live in Los Angeles, CA)
* Franz Litz, Climate Change Policy Coordinator, New York State Department of Environmental Conservation (Live in New York, NY)
* Michael Goo, Democratic Counsel, Senate Committee on Environment and Public Works (Live in Washington, DC)
Key Topics to be Discussed:
* NYS: New rule implementing the Regional Greenhouse Gas Initiative
* California: New Global Warming Solutions Act of 2006
* Congress: Green House Gas legislation status on the hill
* Analysis: Potential impact of green house gas regime design on growth of renewables

12-13-2006

Mintz Levin Represents New York Yankees in Bond Transaction Honored as "Deal of the Year" by The Bond Buyer
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., a full-service, 450-lawyer AmLaw 100 firm with offices throughout the U.S. and in the U.K., is pleased to announce that the firm served as special bond counsel to the New York Yankees in connection with a stadium financing transaction that has been honored as part of The Bond Buyer's 2006 "Deal of the Year."

The deal involved the New York City Industrial Development Agency's sale of $1.587 billion in tax-exempt and taxable bonds to finance the construction of new stadia for the New York Yankees and the New York Mets. The bonds are secured by payments in lieu of taxes, a structure that required IRS approval and that raised a number of issues of first impression.

"Mintz Levin's Public Finance Section has an extensive track record working on scores of municipal finance transactions and has earned a reputation for taking a client-oriented, problem-solving approach," said Jonathan A. Ballan, head of the firm's New York Public Finance section. "We were pleased to be able to bring our experience to bear for the New York Yankees in this exciting, innovative transaction."

Mintz Levin attorneys who worked on the transaction in addition to Mr. Ballan include: Charles Carey, Gregory Sandomirsky, Maxwell Solet, Robert Senzer, Michael Fantozzi and Dennis Greene.

12-13-2006

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