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It's Official: Thelen Reid and Brown Raysman Now One Firm
Thelen Reid & Priest LLP, a national leader in construction, energy, and project finance law, and Brown Raysman Millstein Felder & Steiner LLP, a pioneer in technology law with one of the country's premier real estate finance practices, began operating as a single entity today under the new banner Thelen Reid Brown Raysman & Steiner LLP.

The decision to merge the two firms was announced October 30 and brings together Thelen Reid's unparalleled reputation in such traditional areas as construction, energy, and litigation with Brown Raysman's nationally recognized practices in technology, outsourcing, intellectual property, e-commerce, media, and communications. The combined firm has 630 lawyers in eight offices.

The response to the merger announcement has been extremely positive, as the combined firm provides clients with access to a broad base of integrated services. This includes the combination of Thelen Reid's leading finance practices in the areas of energy, infrastructure, and project finance, together with Brown Raysman's real estate finance practice, which closed $25 billion in loans in the past several years for leading Wall Street financial institutions, money center banks, and hedge funds.

The combined firm ranks in the top 50 on the Am Law 100 and has a national footprint, with offices in major markets of the United States. According to The Lawyer (UK), the new firm would rank 66th in their 2006 Global 100 list. The firm has a total of eight offices—seven in the United States and one recently opened in Shanghai—and a well-balanced national platform with 255 attorneys in California and 373 lawyers on the East Coast, including 247 in New York.

The new firm is led by an Office of the Chair, with Thelen Reid's Stephen V. O'Neal and Brown Raysman's Julian S. Millstein as Co-Chairs and Thelen Reid's Thomas E. Hill as Managing Partner of Operations.

"This a historic day for both legacy firms, and the response from clients has been overwhelmingly positive," said Thelen Reid Chairman O'Neal. "We are at critical mass in all of our markets and now have one of the largest New York offices of any national firm."

Millstein, a Brown Raysman founding partner, said the creation of the new firm was an amazing opportunity for all involved. "It is such a perfect fit in terms of practice strengths, key markets and culture," Millstein said. "The new firm is perfectly positioned to maximize client services and lure top talent for immediate growth.

12-01-2006

New Electronic Discovery Rules in Effect - Best Practices for Your Company to Follow
Beginning today, the e-discovery amendments to the Federal Rules of Civil Procedure take effect. These new rules governing the discovery of electronically stored information (ESI) will require businesses to re-examine the management, retention, preservation, collection, processing and production of ESI, consistent with the new rules.

Laura Owens, a litigator with the firm, offers the following as some of the best practices for businesses to consider in light of these amendments:

• Identify an individual within your company to serve as a witness on your sources of ESI, implementing a system for issuing written litigation holds, and preparing an ESI map that may serve as a consistent template for early disclosure in most litigation.

• Clearly differentiate between accessible and inaccessible information and identify the sources of these two types of information. When determining information to be inaccessible, focus on the undue burden or cost to recover the information rather than on the technological possibility of accessing the information. And finally, take the time to educate outside counsel on your internal information systems.

Ms. Owens points out, “There will be a significant amount of tugging and pulling as these amendments begin to impact litigation in all federal courts, across all industries, and from routine commercial litigation to complex cases, class actions, and mass torts. To maintain our ability to litigate cases on the merits, everyone must have a clear understanding of the new rules of the game.”

Alston & Bird has a team of lawyers that focuses on these issues, drawing from their litigation and technology experience. In addition to Ms. Owens, the team includes Van Anderson, Mark McCarty, Parker Miller, Kennard Neal and Valerie Williams. The team consults with clients to help develop ESI maps and is prepared to respond to RFIs (requests for information) dealing with e-discovery issues and capabilities. Alston & Bird has participated in training of magistrate judges on e-discovery and actively participated in the development of the Sedona Guidelines. The firm has also invested in technology and training for its in-house litigation support team, with a Case Support Center staffed by lawyers, paralegals, document clerks and other support specialists.

12-01-2006

WolfBlock Represents Physician in Rare Reinstatement to PPO
An otolaryngologist and WolfBlock client terminated from a preferred provider organization has accomplished the near-impossible, winning reinstatement to the PPO thanks to an arbiter's decision earlier this week.

The physician, a WolfBlock client, had been a member of the PPO for seven years, treating more than 500 of its patients during that time. Approximately three years ago, the PPO accused him of performing endoscopic procedures without medical necessity and of keeping insufficient records for four patients and terminated him.

While most physicians in similar circumstances accept this action, the client fought back, enduring three years of appeals and arbitration before an arbiter on Monday ordered the PPO to take him back.

Equally important, the arbiter ordered the PPO to rescind its notifications of the termination to the National Practitioner Databank and to the New Jersey State Board of Medical Examiners. Such notifications are damaging to a physician's career and reputation.

"The original decision to terminate had a devastating effect on the physician," said David J. Klein, counsel in WolfBlock's Business Litigation practice group, who represented the physician. "He's a board-certified otolaryngologist, and when your competency is questioned publicly, aside from having to respond to the Board of Medical Examiners and insurance companies, other doctors tend to look a little askance at you. The arbiter's decision represented a complete vindication for the doctor.

12-01-2006

Andrew Faulkner to Take Part in Securitization Seminar
New York structured finance partner Andrew Faulkner spoke at the "New Developments in Securitization 2006" CLE seminar to be held November 30-December 1 in New York City. The conference helped attendees keep up with regulatory change and learn about the newest areas of opportunity and risk. Mr. Faulkner spoke on "New Developments in Credit Card Securitization," touching in new structures, extendible notes, accounting issues, reopening transactions and other recent developments.

12-01-2006

Four Attorneys Named “Best of the Bar”
Four Shughart Thomson & Kilroy attorneys are named “Best of the Bar” by The Kansas City Business Journal. Attorneys are selected for the prestigious honor by their peers. This year’s winners include attorneys Bob Henderson, Tom Kokoruda, Paul Sinclair and Larry Ward.

Larry Ward-is Chairman of the firm and a Fellow in the American College of Trial Attorneys. Larry concentrates his civil trial practice in the areas of anti-trust, business litigation, banking, consumer and financial services.

Bob Henderson-Bob is a Fellow in the American College of Trial Lawyers and focuses his trial practice on product liability, insurance litigation, and commercial and complex litigation.

Tom Kokoruda-Tom is a Fellow in the American College of Trial Lawyers and concentrates his practice in the area of hospital liability, physician malpractice and medical staff privilege litigation.

Paul Sinclair-Paul is a Shareholder in the firm and focuses his practice on bankruptcy, restructuring and business litigation.

Brian Kaberline, editor of The Kansas City Business Journal writes, “Defining what makes a great lawyer is difficult. Certainly, skill can be shown in courtroom victories and large verdicts won or averted. But legal talent can also be exhibited in the ability to keep clients out of a courtroom. That’s why we ask area lawyers to tell us who is worthy of recognition. They know the challenges inherent in the various practice areas, as well as signs of superior skills.”

Congratulations to Larry Ward, Bob Henderson, Tom Kokoruda, and Paul Sinclair, all previous winners of the “Best of the Bar.

12-01-2006

Pillsbury Winthrop Shaw Pittman Promotes 11 to Partner
Noted law firm Pillsbury Winthrop Shaw Pittman today announced that it has promoted 11 lawyers to partner effective January 1, 2007.

“Pillsbury Winthrop Shaw Pittman believes strongly in rewarding those attorneys who consistently deliver positive outcomes for our clients and advance our firm by working collaboratively to provide high-value client service using innovative approaches and solutions,” said Jim Rishwain, Chair-Elect of the firm. “This latest class of partners reinforces that belief and they will play a key role in helping to advance our firm’s tremendous 140-year-old legacy.”

The new partners are:

1. Christian A. Buerger (Washington, DC)
2. Richard S. Franklin (Washington, DC)
3. Thomas Klaus Gump (New York)
4. Rachel B. Horsch (San Francisco)
5. David M. Koeninger (San Francisco)
6. Jack E. Little, Jr. (Houston)
7. James J. Masetti (Silicon Valley/Palo Alto)
8. J. Gregg Miller (San Francisco)
9. JiJi Park (Los Angeles)
10. Scott Pivnick (Northern VA)
11. Paul Tummonds, Jr. (Washington, DC)

Pillsbury further announced that it promoted seven senior associates to the title of counsel. They are litigator Matthew Anzaldi (Washington, DC); global sourcing lawyer Benjamin Dean (Washington, DC); corporate and securities-technology lawyer David Levine (Silicon Valley); IP lawyer Christine McCarthy (Northern VA); international trade lawyer Sanjay Mullick (Washington, DC); finance lawyer Jeanne Naughton-Carr (New York); and global sourcing lawyer Michael Steinig (Washington, DC).

12-01-2006

Pillsbury Advises Hampson Industries in $22.8 Million Acquisition
Ed Perron, a partner in the Los Angeles office of Pillsbury Winthrop Shaw Pittman LLP, represented Hampson Industries PLC in the acquisition of Composite Horizons, Inc. The acquisition, which will be funded through debt and the issuing of approximately 7.7 million new shares, is initially valued at $22.8 million (GBP 12 million).

The deal will give Hampson access to top aerospace projects where it was previously not well represented, including the F-35 Joint Strike Fighter, the F/A-22 Raptor and the Boeing 777. It also gives access to a number of unmanned, satellite and space programs.

Composite Horizons, based in Covina, California, specializes in high temperature polymer composites, a niche technology primarily for high performance gas turbine engine applications and structural airframe components where greater strength and temperature resistance properties are required.

Hampson Industries is an international aerospace and precision engineering group, headquartered in the UK.

12-01-2006

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