Law Firm News

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Law Firm News

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Pepper Hamilton, L.L.P.

Phyllis W. Beck of Pepper Hamilton Speaks at First Judicial District's Pro Bono Awards Ceremony
The Honorable Phyllis W. Beck, of counsel at Pepper Hamilton LLP, recently spoke at the First Judicial District’s inaugural Pro Bono Awards Ceremony. The ceremony, which honored four attorneys for distinguished pro bono work, was held on November 15, 2006 at City Hall in Philadelphia.

Judge Beck discussed “The Importance of Pro Bono Work in the Philadelphia Court System,” and addressed the role of pro bono lawyers in helping litigants who otherwise would be unrepresented, and the role of pro bono in preserving fairness and justice in the courts.

Judge Beck joined Pepper in 2006, after stepping down from the Commonwealth of Pennsylvania Superior Court, the intermediate appellate court in Pennsylvania. She was appointed to the bench by Governor Thornburgh in 1981, and was the first woman to serve as a judge on the Superior Court, which was formed in 1895. Judge Beck became Senior Judge at the end of 1997, and stepped down from the bench on December 31, 2005.

Judge Beck started her career in private practice and joined Temple University School of Law as an associate professor in 1974. She became vice dean at the University of Pennsylvania Law School in 1976, and held that position until she was appointed to the bench in 1981. She also has served on the faculty of the University of Pennsylvania Law School’s Center on Professionalism. She is a Fellow of the American Law Institute and the American Bar Foundation.

11-29-2006

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Odin, Feldman & Pittleman PC

OF&P Attorney to Facilitate Discussion Panel for Dulles SHRM
Odin, Feldman & Pittleman attorney Misti Mukherjee and co-chair of the firm’s Labor & Employment practice will facilitate a discussion group on “Conducting an Investigation” at the Dulles Society for Human Resource Management’s Dec. 14 meeting.

Discussion Overview:
Conducting investigations is time-consuming and requires expertise and careful planning. HR professionals need to know what types of issues trigger the need for an investigation, as well as the acceptable procedure to follow, should the issue end up in litigation. Questions to reflect on:

Does your company have a written protocol in place to conduct investigations?
What are the challenges you face in the investigation process?
Do you use someone external to conduct investigations, or is it the responsibility of internal resources?
How do you keep stakeholders engaged in an ongoing investigation?

11-29-2006

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Miller Nash LLP

Law & Politics Names 23 Miller Nash Attorneys as “Super Lawyers”
Miller Nash LLP is pleased to announce that 23 partners have been chosen as “Super Lawyers” by Law & Politics magazine. “Super Lawyers” represent the top 5 percent of Oregon’s lawyers as chosen by their peers and through the independent research of the national magazine.

Miller Nash attorneys included in the 2006 selection are:

Donald A. Burns, Employee Benefits
J. Franklin Cable, Business/Corporate
Bruce L. Campbell, Business Litigation
D. Gary Christensen, Construction Litigation
David C. Culpepper, Tax
Dean D. DeChaine, Transportation/Maritime
Mary Ann Frantz, Securities & Corporate Finance—selected in Top 25 Women “Super Lawyers 2006”
Jonathon L. Goodling, Real Estate
M. Christie Helmer, Business Litigation—selected in Top 25 Women “Super Lawyers 2006”
Louis G. Henry, Bankruptcy & Creditor/Debtor Rights
David W. Hercher, Bankruptcy & Creditor/Debtor Rights
Gregory P. Lynch, General Litigation
Victoria L. Macpherson, Employee Benefits
William S. Manne, Tax
Erich W. Merrill, Jr., Business/Corporate
John Casey Mills, Bankruptcy & Creditor/Debtor Rights
David M. Munro, Estate Planning & Probate
John F. Neupert, Business Litigation
John F. Purcell, Construction Litigation
Dennis P. Rawlinson, Business Litigation—selected in Top 50 “Super Lawyers 2006”
Peter C. Richter, Business Litigation—selected in Top 10 “Super Lawyers 2006”
Thomas C. Sand, Securities Litigation—selected in Top 50 “Super Lawyers 2006”
Jeffery C. Thede, Nonprofit
The 2006 list is based on surveys of more than 10,000 active lawyers across the state. The “Super Lawyers” list was published in the introductory Winter issue of Oregon Super Lawyers magazine as well as in a special distribution in The Oregonian and the Oregon circulation of The New York Times Sunday edition.

11-29-2006

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McLane, Graf, Raulerson & Middleton Professional Association

McLane Attorneys Prevail on Behalf of Verizon
McLane attorneys Jack Middleton and Scott Harris recently assisted communications giant Verizon New England, Inc. against the City of Rochester in a tax abatement case involving the company’s use of public rights of way, dating back to 1996.

The question was whether the City of Rochester had singled out Verizon for unfair taxation among other utilities—electric, cable television and gas companies-- who shared the use or occupation of the same corridor. Persuaded by McLane’s argument, Judge Robert E.K. Morrill found the City’s action to be “both contrary to statute and discriminatory.”

Since the NH Supreme Court previously held that the use of the public ways is taxable, then the court faced the issue of valuation. Harris and Middleton successfully convinced the Court that the taxable interest on the market value of the land that any one private party could be said to occupy was $218,700, not the city’s assessment of $6.5 million.

The decision is a decisive victory for Verizon and all of its customers in Rochester and ten other communities with similar cases being considered.

11-29-2006

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McGlinchey Stafford PLLC

McGlinchey Stafford Expands Jackson Office
McGlinchey Stafford PLLC is pleased to announce the addition of four new attorneys to the firm’s Jackson, Mississippi office. Edley H. Jones III joins the firm as a member in the real estate law section. And, in the commercial litigation section, F. E. (Buddy) McRae III joins as Of Counsel and Adam Gates and Stephen Masley join as Associates.

Edley Jones
Edley Jones comes to McGlinchey Stafford with significant experience handling commercial real estate and the defense of civil litigation matters. Drawing upon his extensive experience in commercial real estate transactions and his agency with a Nationwide Title Insurer, and as a senior litigator in defense of civil claims against a Fortune 5 client, Edley Jones combines his successes in these fields to now represent a variety of interests in commercial real estate transactions.

Buddy McRae
Buddy McRae is an experienced litigator in the commercial litigation section of the firm, focusing on business law and appellate law. He is admitted to practice in all Mississippi and Alabama state and federal courts, and has significant experience handling matters in jury and bench trials, as well as appellate procedure. Prior to attending law school at the University of Mississippi School of Law, Buddy served as a staff assistant to United States Senator Thad Cochran. He received his law degree in 1997 and his B.A. from Mississippi State University in 1994.

Adam Gates
Adam Gates focuses his practice primarily on labor and employment law and class action defense. Adam also serves as an Assistant Editor for and regularly contributes to the firm’s CAFA Law Blog (www.cafalawblog.com). He served as the Articles Editor of the Mississippi College Law Review for the 2005-2006 publications, and was also a member of the Mississippi College Moot Court Board.

Stephen Masley
Stephen Masley practices in the commercial litigation section and focuses primarily on the defense of consumer class actions and consumer financial services litigation. Stephen received his J.D.

11-29-2006

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Mayer Brown LLP

Mayer, Brown, Rowe & Maw Launches Hong Kong Office
Mayer, Brown, Rowe & Maw LLP has received its operating license from the Law Society of Hong Kong and will officially open its doors in the Landmark Building of Hong Kong's Central Business District on January 1, 2007. Initially, the Hong Kong office will focus on securitization and structured finance throughout Asia, but will soon provide a broad range of legal services to local Asian companies seeking advice regarding the U.S. and Europe, and to foreign companies operating in Asia.

"Our primary goal is to provide clients with a base in China to develop integrated growth between the United States, Europe and Asia," said Ty Fahner, Chairman, Mayer, Brown, Rowe & Maw. "Additionally, the firm intends to assist Chinese companies looking to grow internationally. It promises to be a rewarding endeavor for the firm and its current and future global clients alike."

Jeffrey H. Chen, formerly a partner with Jones Day in Hong Kong, has joined Mayer, Brown, Rowe & Maw to grow the firm's Asian capabilities. Mr. Chen, a finance partner specializing in securitization, is recognized in the 2007 directories of IFLR 1000 and Chambers Global as a leading lawyer in his field. He will work alongside senior London corporate partner, Stephen Bottomley, who is relocating to Hong Kong.

"Mayer, Brown, Rowe & Maw is one of the top securitization and structured finance firms in the world," commented Chen. "The firm is at the front line of every legal, regulatory and accounting development and reform in the industry. The firm has established an impressive network of clients and contacts in the United States and Europe and the arrival in Asia gives me an unparalleled opportunity to integrate my practice with this leading structured finance firm."

Mayer, Brown, Rowe & Maw has pioneered securitization and structured finance since the practice's inception in the 1970s. The firm has dominated the field in the U.S. and Europe where it has been a leading force in every type of product innovation in developed markets and at the vanguard of transactions in emerging markets of Eastern Europe, the Middle East, Africa and Latin America. Attorneys at the firm authored The Securitization of Financial Assets, the leading treatise on asset securitization used by lawyers worldwide, and created and sponsor the highly regarded website www.securitization.net. The lawyers in the securitization group are also experts in Basel II, Regulation AB and the Securities Offering Reform.

"We are prepared to bring the entirety of Mayer, Brown, Rowe & Maw's unmatched securitization expertise to the Asian markets," commented Paul Maher, London Senior Partner and Vice-Chairman elect. "Part of the firm's strategy is to ensure that we are able to surpass our clients expectations in locations that are increasingly important to their business. We feel that having two highly respected partners in Jeff and Stephen gives us the best possible start."

The Hong Kong office expands the firm's Asian footprint. For more than eight years Mayer, Brown, Rowe & Maw's Global Trade Practice has operated a consulting office in Mainland China under the name MBP Consulting. The Global Trade Practice, which includes several former trade negotiators and senior U.S. Government policy officials, including former U.S. Secretary of Commerce Mickey Kantor, has provided support to a diverse group of multinational clients ranging from real estate, financial services and insurance to energy, pharmaceuticals and mining. The group advises in a variety of areas in China including developing market-entry strategies, identifying local partners for joint ventures, identifying investment opportunities, securing regulatory approvals, and developing and executing strategies to address market access barriers.

"The Hong Kong office will significantly broaden the capabilities we'll be able to offer both our U.S. and European clients," said Peter Scher, head of the Global Trade Group and chair of the firm's China Task Force. "We look forward to working closely with Jeff and Stephen to identify key areas for growth throughout Asi.

11-29-2006

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Luce, Forward, Hamilton & Scripps, LLP

Luce Forward Partner Steven P. McDonald and Co-Counsel Courtney Ann Coyle Facilitate Historic Settlement Agreement to Protect Sacred Lands of the Fort Mojave Indian Tribe
San Diego attorneys Steven P. McDonald and Courtney Ann Coyle have facilitated a historic settlement agreement on behalf of the Fort Mojave Indian Tribe (Tribe). In 2005, the Tribe sued Pacific Gas & Electric (PG&E), the California Department of Toxic Substances Control (DTSC) and the Metropolitan Water District of Southern California (MWD). The suit challenged DTSC's approval and PG&E's construction of a water treatment facility to purportedly prevent a groundwater contamination plume of hexavalent chromium from reaching the Colorado River.

The settlement will lead to the removal of the water treatment facility, which is located in an area sacred to the Mojave people, known as the Topock Maze. The property, which MWD had sold to PG&E without doing cultural studies, will be repatriated to the Tribe. The Topock Maze is a landscape of earth drawings and archaeological sites, which is an integral part of the Tribe's creation story and the portal through which their spirits journey at the end of life. The Maze has been formally listed on the National Register of Historic Places since 1978.

"We are very pleased with the settlement agreement, as it will aid in achieving our client's goal of respectfully preserving a place that is sacred to their culture," said Steven P. McDonald, a Partner in Luce Forward's Environmental Practice Group. "This unique settlement may potentially impact how both the State of California and California's largest utility works with Indian Tribes with regards to sacred areas in the future."

The settlement points outlined in the agreement require PG&E's removal of the treatment plant as part of the final groundwater remedy for the chromium contamination. Also, PG&E will make changes to its corporate policies to ensure future recognition and consideration of the interests of Native Americans, including respect for sacred places.

In a related settlement agreement, DTSC has agreed to expedite the regulatory process to approve the removal of the treatment and to conduct environmental reviews based on environmental conditions existing prior to any construction. DTSC also agreed to establish a formal consultation process with the Tribe to ensure that the Tribe's cultural and spiritual interests are considered in the regulatory process.

Both PG&E and DTSC issued public apologies to the Tribe at a Thursday, November 8, joint press conference held on the west steps of the Capitol Building in Sacramento. Tom King, CEO of PG&E, delivered PG&E's apology to Tribal Chairwoman Nora McDowell. Maureen Gorsen, DTSC Director, delivered DTSC's apology to the Tribe. Both King and Gorsen described the settlement as historic and a model for other companies and agencies in dealing with Native American sacred places. The press conference was preceded by traditional Mojave dancers, singers and blessings.

"It has been our honor and privilege to assist the Fort Mojave Indian people in protecting the Topock Maze, which is such a vital part of the Tribe's heritage" said Attorney Courtney Ann Coyle. "These agreements provide for effective collaboration between the state, federal, local governments and the Fort Mojave tribal government. We also believe that the settlements can serve as a template for other tribes who are seeking to protect their irreplaceable sacred places."

This settlement marks the first time that Coyle and McDonald, who are married to one another, have worked together as co-counsel. Coyle has a private practice in environmental litigation, land use policy, legislation, project planning and consulting, with an emphasis on protecting Native American heritage resources and landscapes. McDonald, who has practiced with Luce Forward since 1989, has nearly 30 years of experience in air, hazardous waste, water quality and CEQA matters.

11-29-2006

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