Law Firm News

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Law Firm News

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Lieff, Cabraser, Heimann & Bernstein, L.L.P.

IBM Settles Overtime Lawsuit for $65M
International Business Machines Corp. settled a federal class-action lawsuit Wednesday, agreeing to pay a total of $65 million to 32,000 technology workers who claimed the company illegally withheld overtime pay. The suit was filed in January in U.S. District Court in San Francisco on behalf of three employees who said they were forced to work more than 40 hours per week and on weekends without additional compensation. The case involved workers classified as "Technical Services Professional and Information Technology Specialists." IBM considered them highly skilled professionals exempt from overtime laws detailed in the Fair Labor Standards Act and California labor laws.
Generally, executives, managers and high-level computer operators are exempt from being paid overtime premiums, which is compensated at 90 minutes pay for each additional hour of work. But the IBM workers were by no means the decision makers or creative types typically ineligible for overtime, said James M. Finberg, who represented the class for Lieff Cabraser Heimann & Bernstein LLP.
"These people were just following manuals to trouble shoot computer problems," Finberg said. Armonk, N.Y.-based IBM released a statement saying it had established a provision for the settlement of the case in the third quarter. "Litigation of this case would have been lengthy, burdensome and expensive, and IBM chose to resolve it," the statement said. According to the settlement, still subject to court approval, the workers may apply for additional pay based on a mutually agreed-upon formula. Individuals will receive from $50 to tens of thousands of dollars, depending on their rank and number of hours worked.

11-22-2006

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Le Boeuf, Lamb, Greene & McRae, L.L.P.

LeBoeuf Lamb Advises on First Kazakhstan LBO
The international law firm of LeBoeuf, Lamb, Greene & MacRae LLP has advised Vneshtorgbank and Goldman Sachs on a $328 million loan to fund the acquisition by Baring Vostok Capital Partners, a private equity fund, and Vyacheslav Kim of 94% of Bank Caspian, one of the largest banks in Kazakhstan, a public offer to minority shareholders, and further capitalisation of the Bank. It is the first leveraged buyout (LBO) in Kazakhstan.

The signing took place in eight different locations: London, Moscow, Almaty, Astana, Amsterdam, Guernsey, Washington D.C. and the Caymans Islands.

Partner Bruce Johnston led the team, which included London associates Amanda Jennings and Helena Campbell, and Almaty associates Yerzhan Kumarov, Aliya Mack and Klara Nurgaziyeva.

11-22-2006

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Kohn Swift & Graf P.C.

Settlements in Plastics Additives Antitrust Suit
Court approves partial settlements totaling $15.5 million.

Kohn Swift & Graf is co-lead counsel in In re Plastics Additives Antitrust Litigation, No. 03-CV-2038 (E.D. Pa.), brought on behalf of a class of direct purchasers of Plastics Additives in the United States. To date, the Court has approved class wide settlements totaling $15.5 million with three of the defendants, Crompton Corporation, Kreha Corporation of America, and Baerlocher USA, LLC. The case is proceeding against the non-settling defendants.

11-22-2006

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Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Baker Donelson Expands Transportation and Business Practices
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, announces the addition of attorneys K. Stephen Powers, Philip Whitaker Jr. and Ron D. Powers to its Chattanooga office. The Firm now has 36 attorneys in its Chattanooga office serving clients both locally and nationally in a broad range of practice areas.

Steve Powers, a 1979 graduate of the University of Tennessee College of Law, joins the Firm as a shareholder and concentrates his practice in transportation law and a variety of defense litigation matters. He serves some of the largest motor carriers in the trucking industry in their accident litigation defense across the country. His transportation law practice includes regulatory and administrative law matters as well as insurance coverage issues. He has spoken at a number of industry meetings, including the American Trucking Associations 2006 Forum for Motor Carrier General Counsels held in Santa Fe, New Mexico, where his presentation addressed electronic onboard recorders and electronic discovery in accident litigation. In addition to his transportation practice, Mr. Powers is widely experienced in employment law matters and in product liability litigation where he has defended manufacturers in a variety of industries, including pharmaceuticals, medical devices, construction equipment and tobacco products.

Philip Whitaker is a 1989 graduate of the University of Tennessee College of Law and also joins the Firm as a shareholder. He focuses his practice in the areas of real estate law, finance and commercial transactions. He represents real estate developers in local and regional commercial, residential and mixed use projects. He also has extensive experience in general corporate law, estate planning and employment law.

Ron Powers has become of counsel to the Firm. He has a litigation practice involving commercial and business litigation, construction litigation and personal injury defense, including the defense of trucking accident cases, automobile collisions and product liability claims. He practiced law in Cleveland, Tennessee for five years, handling general civil litigation defense in both trial and appellate courts, and has practiced in Chattanooga since 1997.

11-22-2006

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Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

58 Baker Donelson Attorneys Named to Mid-South Super Lawyers Listing
Fifty-eight attorneys with Baker, Donelson, Bearman, Caldwell & Berkowitz, PC have been named to Mid-South Super Lawyers.

The Firm's attorneys named to the list are: Ben C. Adams, Robert M. Arentson Jr., Mary L. Aronov, John B. Beard, Leo M. Bearman Jr., Sheryl Bey, Sam B. Blair Jr., Cyrus L. Booker, Gary M. Brown, Samuel D. Chafetz, Michael B. Chance, Barry K. Cockrell, Joe A. Conner, Richard G. Cowart, James A. DeLanis, James K. Dossett Jr., William P. Dougherty, Stephen C. Edds, Steven J. Eisen, Kenneth P. Ezell Jr., Richard D. Faulkner Jr., Gregory G. Fletcher, William H. D. Fones Jr., Barry W. Ford, R. Mark Glover, Stephen D. Goodwin, Richard B. Gossett, Charles K. Grant, John A. Gupton III, James R. Hall Jr., Robert E. Hauberg Jr., S. Russell Headrick, Matthew S. Heiter, John S. Hicks, Walker W. Jones III, William P. Kenworthy, George T. Lewis III, Robert C. Liddon Jr., Virginia C. Love, Leonard C. Martin, Randal S. Mashburn, Antonio L. Matthews, William S. Mendenhall, Alan L. Moore, J. Scott Newton, William S. Painter, J. Randall Patterson, Michael C. Patton, Eugene J. Podesta Jr., William N. Reed, Gary C. Shockley, Jerry Stauffer, Robert M. Steele, Jill M. Steinberg, Frank L. Watson Jr., W. Scott Welch, Buckner Wellford and Edward R. Young.

Mid-South Super Lawyers also named a number of Baker Donelson attorneys to its top attorney lists.

Leo M. Bearman Jr., Steven J. Eisen, Randal S. Mashburn, Virginia C. Love and Edward R. Young were named among the top 100 attorneys in Tennessee.
Leo M. Bearman Jr., Jill M. Steinberg and Edward R. Young were named among the top 50 attorneys in Memphis.
Walker W. Jones III, William S. Painter and W. Scott Welch were named among the top 50 attorneys in Mississippi.
Mid-South Super Lawyers names attorneys in Arkansas, Mississippi and Tennessee who are chosen by their peers and through the independent research of Law & Politics. The 2006 Mid-South Super Lawyers is based on the survey of more than 13,000 attorneys who have been in practice for five years or more. The goal is to select as Super Lawyers the top 5 percent of Arkansas, Mississippi and Tennessee attorneys in more than 60 practice areas.

11-22-2006

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Simpson, Thacher & Bartlett, LLP

Firm Represents Initial Purchasers in Global Notes Offering By Reliance Steel & Aluminum Co.
The Firm recently acted as counsel to Citigroup Global Markets Inc. and J.P. Morgan Securities Inc., as representatives of the initial purchasers of $600,000,000 aggregate principal amount of Reliance Steel & Aluminum Co.’s investment-grade notes offered pursuant to Rule 144A and Regulation S. The notes were issued in two fixed rate tranches. Reliance is one of the largest metals service center companies in the United States. The proceeds will be primarily used to repay outstanding indebtedness under Reliance’s credit facility, which included borrowings made to fund the repurchase of private notes by Earle M. Jorgensen Company (“EMJ”), a wholly-owned and recently acquired subsidiary of Reliance. In connection with its engagement, the Firm also represented J.P. Morgan Securities Inc. as dealer manager in EMJ’s tender offer.

11-22-2006

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Hogan & Hartson LLP

Hogan & Hartson Partner Named to Maryland Governor-elect’s Transition Team
Hogan & Hartson LLP litigation partner and former U.S. attorney George Beall was recently named to Gov.-elect Martin O'Malley’s 42-member transition team.

According to the Baltimore Sun, the transition team’s first priorities are to craft the next budget, fill the top jobs in state government, and draft a legislative package for presentation to the General Assembly after it convenes in January. "We are reaching out throughout our entire state to find the best men and women we can possibly find to do the very, very important work of moving our state forward," O'Malley said during a Baltimore press conference.

Beall was the first managing partner of Hogan & Hartson’s Baltimore office. His private law practice focuses on civil and criminal litigation in both state and federal courts. He also handles regulatory, compliance, and criminal matters involving white collar offenses. In addition to serving as a U.S. Attorney for the District of Maryland, Beall has also held a number of state positions over the years, including commissioner of the Maryland Criminal Injuries Compensation Board; chairman of the Governor’s Commission for Corrections, Probation and Parole; and chairman of the 1994 Maryland Election Law Task Force. At the local level, Beall has been legal counsel to the Board of License Commissioners of Baltimore City and has served as chairman of the Baltimore County Ethics Commission Study Committee.

11-22-2006

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