Law Firm News

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Law Firm News

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Jenner & Block LLP

Estes Secures Pro Bono Victory for Client in DC Circuit FOIA Case
Jenner & Block Associate Craig E. Estes recently obtained a pro bono victory in the DC Circuit on behalf of a federal prisoner, Brandon Sample, who filed suit against the U.S. Bureau of Prisons after his request for certain electronic documents under the Freedom of Information Act was denied.

Mr. Sample had been fighting for access to disks containing the Bureau’s internet site, his custody classification form, prison phone numbers, and administrative data since 2003. Rather than provide the documents in electronic format, the Bureau had given Mr. Sample paper copies of the documents and offered to send a disk with electronic copies to his non-inmate designee.

The district court granted summary judgment to the Bureau on the grounds that prison regulations forbid inmates from possessing electronic documents and/or accessing computers, and thus found that the paper documents satisfied Mr. Sample’s FOIA request. When Mr. Sample appealed this decision, the DC Circuit appointed Mr. Estes as amicus curiae to argue the case in support of Sample.

In a unanimous opinion, the U.S. Court of Appeals for the DC Circuit reversed the district court and directing that the judgment be entered for Sample. Tracking Mr. Estes’ brief, the court’s opinion stated that the Bureau has a clear obligation under FOIA to provide Mr. Sample with the requested documents in electronic format.

11-20-2006

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Jenner & Block LLP

Newman Receives CVLS Distinguished Service Award
Jenner & Block Associate Kathryn C. Newman was recently honored with a Distinguished Service Award at Chicago Volunteer Legal Services (CVLS) Foundation’s Annual Award Ceremony on November 9.

Ms. Newman and her fellow volunteer attorney team members Kathleen Cimo and Bridget Orsic, were nominated and selected by Sarah Flossi, CVLS Board of Directors, for their pro bono work at Our Lady of Mercy/St. Clement’s Church Legal Clinic handling family law, contract disputes, child custody and tenant landlord issues.

Phillip J. Mohr, CVLS Family Law Director, presented the plaque to Ms. Newman and her team, recognizing their diligent and consistent efforts at the clinic.

Since 1964, CVLS has offered free quality legal services to low income Chicagoans facing everyday problems who could not otherwise afford access to the law.

11-20-2006

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Howard Rice Nemerovski Canady Falk & Rabkin, P.C.

Howard Rice Represents Charles Schwab in Sale of U.S. Trust to Bank of America
Howard Rice Nemerovski Canady Falk & Rabkin today announced that the firm represented The Charles Schwab Corporation in the negotiation of the agreement to sell U.S. Trust Corp. to Bank of America for $3.3 billion in cash.

Lawrence Rabkin, Howard Rice’s chairman and longtime outside corporate counsel for Schwab, said, "Our relationship with Schwab goes back more than 25 years and we have represented them on every significant transaction since 1980. It is a particular pleasure to have this kind of relationship with such an outstanding client."

Howard Rice represented Schwab in its acquisition of U.S. Trust in 2000 for $2.7 billion in stock. Since that time, the firm has worked on numerous acquisitions and dispositions for Schwab and U.S. Trust, including the 2003 acquisition by U.S. Trust of the private asset management unit of State Street Corp. of Boston for $365 million.

Richard Canady, partner and head of Howard Rice’s Mergers & Acquisition practice, led the team, which included partners Edward Deibert, André Brewster, Stuart Lipton, Teresa Johnson, Larry Smith, Kenneth Neale, Thomas Larsen, and associates Celia Van Gorder, Alison Wright, David Tang, Thomas Magnani, Ellen Fleishhacker, Bradley Armstrong, Robert Hallman, Seth Sternglanz, Noah Rosenthal and Patrick Corrigan. Howard Rice’s attorneys worked hand in hand with Mark Tellini, Susan Stapleton, Henry Hernandez, Kathryn Morrison and Laurie Schaffer in Schwab’s legal department.

Christopher V. Dodds, Schwab’s executive vice president and chief financial officer, commented, "Howard Rice played a critical role in providing the legal talent that was necessary to successfully accomplish this complex strategic disposition. They have been instrumental partners in every significant transaction in our company’s history.

11-20-2006

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Hogan & Hartson LLP

Hogan & Hartson Partner Elected Governor of Colorado
Denver partner August William "Bill" Ritter, Jr., has been elected governor of the state of Colorado.

Ritter joined the Denver office of Hogan & Hartson LLP in 2005, shortly after leaving office as Denver district attorney. While at Hogan & Hartson, Ritter has represented clients in complex commercial and securities-related litigation, as well as internal and regulatory investigations.

During his 12 years as Denver district attorney, Ritter prosecuted a wide range of cases, including a number of grand jury investigations and other complex criminal investigations. As district attorney, Ritter oversaw a department of 65 attorneys who were responsible for the prosecution of over 20,000 cases per year. He was involved in establishing several community-based programs at the district attorney’s office, including Denver Drug Court, the award-winning Denver Victims Services project, and a juvenile diversion program.

Prior to serving as the district attorney of Denver, Ritter held the positions of chief deputy and deputy district attorney in the Denver district attorney’s office and was an Assistant U.S. Attorney for the Criminal Division in the U.S. Attorney’s Office for the District of Colorado.

Ritter has been actively involved in the community throughout his career. He was chairman of the board for Project PAVE (Promoting Alternatives to Violence through Education); a board member of Mile High United Way; vice president of the National District Attorneys Association; chairman of the American Prosecutors Research Institute; president of the Colorado District Attorney’s Council; and a board member of the National Association of Drug Court Professionals.

11-20-2006

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Dykema Gossett PLLC

Dykema Launches Michigan Single Business Tax Web Site
Dykema, a premier Midwest-based law firm, has launched the Michigan Single Business Tax (SBT) Web site, found at www.michigansinglebusinesstax.com The site provides the latest proposals, developments and news surrounding a replacement of the state’s SBT, set to expire December 31, 2007.

Michigan adopted the SBT in 1976 and it applies to corporations and unincorporated businesses with Michigan gross receipts exceeding $350,000. It is a modified value-added tax with a gross receipts alternative that replaced the corporate income tax and six other business taxes. Michigan’s SBT remains the only major value-added tax in the United States.

With the 2007 date looming, individuals and organizations are offering proposals and alternatives for legislators to consider as they look at what will replace the SBT. The tax currently annually generates an estimated $1.9 billion for the state. Some argue that the existing tax structure is too burdensome on businesses. Several replacement taxes are under consideration, including taxes on net income, gross profits, gross receipts, license fees, increased sales tax, a factor tax, and combinations of taxes. Some proposals would also reduce or eliminate the personal property tax that generates nearly as much revenue as the SBT.

“This is arguably the most critical issue facing Michigan today, and Dykema is at the forefront offering the latest reports, studies and breaking news,” said Rex E. Schlaybaugh, Jr., Dykema’s Chairman and Chief Executive Officer. “We are pleased to be able to sponsor this comprehensive resource for individuals concerned or curious about Michigan’s evolving tax structure.”

The Michigan SBT site was created by Dykema’s Government Policy and Taxation and Estates Departments, which include more than three dozen attorneys and government relations professionals with substantial experience working with all branches of government. Based in Michigan, Illinois, and Washington, DC, Government Relations Professionals promote their clients’ interests through both traditional and innovative channels to formulate legislative, regulatory, and political strategies.

11-20-2006

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Debevoise & Plimpton, LLP

Phelps Dodge in Acquisition by Freeport-McMoRan Copper & Gold, Creating the World's Largest Publicly Traded Copper Company
Debevoise & Plimpton LLP is advising Phelps Dodge Corporation in its merger with Freeport-McMoRan Copper & Gold Inc. ("FCX"). Pursuant to the definitive merger agreement, FCX will acquire Phelps Dodge for approximately $25.9 billion in cash and stock. The combined company will be the world’s largest publicly traded copper company and the largest North American-based mining company. The transaction is expected to close at the end of the first quarter of 2007, subject to the approval of the shareholders of FCX and Phelps Dodge, receipt of regulatory approvals and customary closing conditions.

Phelps Dodge is one of the world’s leading producers of copper and molybdenum and is the largest producer of molybdenum-based chemicals and continuous-cast copper rod. Debevoise & Plimpton LLP is a leading international law firm with offices in New York, Washington D.C., London, Paris, Frankfurt, Moscow, Hong Kong and Shanghai.

The Debevoise team is led by partners Michael W. Blair and Gregory V. Gooding and includes counsel Marc A. Kushner and associates Elliott Blanchard, Jonathan E. Levitsky, Diane E. Marks and Molly F. Stockley, with partners Peter A. Furci and Hugh Rowland, Jr. and associate Gabriela Palmieri on tax, partner Lawrence K. Cagney and associates Heidi S. DuBois and Jennifer F. Whetsell on Executive Compensation, counsel Stuart Hammer and associate Harry Zirlin on environmental, and partner Gary W. Kubek, International Counsel James C. Swank and counsel Kyra K. Bromley on antitrust.

11-20-2006

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Cooley Godward Kronish LLP

Cooley Godward Kronish Forms Government Contracts Group
Cooley Godward Kronish LLP announced today that Gregory A. Smith and Kevin P. Mullen have joined the Firm as partners. Smith and Mullen will anchor Cooley’s newly-formed Government Contracts practice group, which will be based in the Firm’s Washington, DC office. Formerly partners in DLA Piper’s Government Contracts practice group, Smith and Mullen bring to Cooley more than 50 years of government contracts experience and deep expertise in the industry sector.

“Our clients have an ever-expanding need for this expertise and Greg and Kevin are two of the leading government contracts attorneys in the U.S.,” said Joe Conroy, partner in charge of Cooley’s Washington, DC office. “Increased spending on research and services for homeland security and defense needs has made the federal government an important source of funding and business for technology and other growth companies. A growing number of our clients nationwide also have substantial business dealings with the federal government. The addition of these partners expands our service offerings to clients and strengthens our growing Washington, DC practice.”

The Government Contracts practice group provides both counseling and litigation services to clients. Currently matters handled by the group include negotiations with government agencies, IP counseling, compliance advice related to issues such as pricing and accounting rules, advising on subcontractor, joint venture and teaming relationships with other private sector entities and mergers and acquisitions due diligence. Litigation matters include bid protests and contract actions, such as claims for contract price adjustments and termination disputes.

Smith has spent the majority of his career in private practice and was most recently chair of DLA Piper’s Government Contracts practice group where he represented domestic and international clients in negotiations with government agencies and counseled clients on matters involving defective pricing, cost accounting disputes and termination disputes. He has represented subcontractors and prime contractors in claims before the U.S. Court of Federal Claims, the U.S. district courts and courts of appeals and has tried complex cases before boards of contract appeals involving shipbuilding and other major claims. In addition, he has litigated contract award disputes before the Government Accountability Office and the Federal Courts. He is a past Chair of the ABA’s Section of Public Contract Law and currently serves as the Chair of the U.S. Court of Federal Claims Advisory Council.

Chambers USA: America’s Leading Lawyers for Business cites Smith for his government contracts practice and in 2005 he was named among Washington's Legal Elite by Washington SmartCEO magazine.

Smith earned his A.B. from Miami University, and his J.D. from the University of Virginia. Following law school he clerked for the Hon. Marion T. Bennett, U.S. Court of Claims (now the U.S. Court of Appeals for the Federal Circuit).
Along with broad expertise in government procurement matters, Mullen has particular experience counseling clients involved in homeland security contracting, including vaccine development and production for bio-defense and Avian flu programs, chemical and radiological detection products and security services. Mullen is considered one of a handful of national experts in risk and liability mitigation for anti-terrorism technology companies, having represented clients in obtaining liability protection under the SAFETY Act and Government indemnification under Public Law 85-804. In addition, he is experienced in bid protest litigation, and has represented protesters and contract awardees before the Government Accountability Office, the U.S. Court of Federal Claims and state protest forums. Mullen is a co-chair of the Bid Protest Committee within the ABA’s Public Contract Law Section.

Mullen earned his undergraduate degree and law degree from the University of Virginia. He has spent his entire career in private practice.

11-20-2006

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