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Schiff Hardin LLP's William M. Hannay Elected Co-Chair of the Uniform Law Commission's Joint Editorial Board for International Law
William M. Hannay, a partner in Schiff Hardin's Litigation Group, has been elected Co-Chair of the Uniform Law Commission's newly-created Joint Editorial Board for International Law (I-JEB).

Mr. Hannay leads Schiff Hardin's Antitrust practice. He is a past chair of the American Bar Association's ("ABA") Section of International Law, which is a founding member of the I-JEB. Mr. Hannay is also a past chair of the ABA's Africa Law Initiative Council and a founding board member of the African Law Institute, headquartered in Tunisia. He has led delegations of ABA lawyers on international legal exchanges to South Africa, Vietnam, Ghana, the Ivory Coast, and Morocco. He has also been an active participant in technical assistance programs with the Central and Eastern European Law Initiative ("CEELI"), working on projects involving Georgia, Lithuania, Hungary, Albania, Bulgaria, and the Czech Republic, and with the International Law Institute ("ILI"), training members of the Anti-Monopoly Committee in Russia.

Mr. Hannay is the author of various books and articles and is an adjunct professor at Chicago-Kent College of Law. He is a graduate of Yale University and Georgetown University Law Center.

Since its founding 117 years ago, the Uniform Law Commission, known as The National Conference of Commissioners on Uniform State Laws ("NCCUSL"), has provided states with non-partisan, draft legislation on critical areas of the law. NCCUSL's work supports the federal system and facilitates the movement of individuals and the business of organizations with rules that are consistent from state to state.

I-JEB originated in 2006 when the NCCUSL recognized the growing impact of private and public international law developments on state and federal law in the U.S. Among other things, I-JEB works to facilitate the promulgation of uniform state laws consistent with U.S. laws and international obligations, and to advise NCCUSL with respect to international and transnational legal matters.

08-16-2007

Latham & Watkins Wins ICSID Arbitration for Republic of Ecuador
Latham & Watkins' Public International Law Practice Group has obtained a significant victory for the Republic of Ecuador in an ICSID arbitration initiated under the Ecuador-United States bilateral investment treaty (BIT). The claim, which was close to $100 million in dispute, was brought by two energy companies, MCI Power Group LC and New Turbine Inc, regarding a power sale agreement which they alleged had been expropriated by Ecuador. The claimants invoked a breach of the BIT, even though the treaty entered into force only after the termination of the power sale agreement. The claimants relied on several theories to argue that the BIT nevertheless applied. The Latham team tackled the issues thoroughly and convincingly and gained the recognition of the Tribunal in doing so. The Tribunal’s decision revolved around a number of complex and novel public international law issues, including the proper meaning of the non-retroactivity of treaties. The Tribunal agreed with Ecuador that well established public international law rules did not permit the retroactive application of the treaty to events occurring before its entry into force and that the BIT obligations had not been breached. The tribunal also agreed that Ecuador was entitled to take steps to defend its position in regard to the contractual dispute with the claimants over the power sale agreement. As such, the Tribunal dismissed the claim entirely. This is a significant investment treaty decision as it concerns circumstances where it is appropriate for the local courts to decide investment issues before BIT issues can arise and is an important victory for Ecuador.

08-16-2007

King & Spalding’s Gregory Smith Named Associate Editor of The Journal of Southern Legal History
Gregory K. Smith, a litigation attorney at King & Spalding, a leading international law firm, has been named associate editor of The Journal of Southern Legal History.

In his role as associate editor, Smith will be responsible for the Journal’s content including articles and essays of varying lengths on aspects of southern legal history, reports on research in progress, and nontraditional items such as previously unpublished documentary materials, oral history interviews, memoirs, anecdotes, and photographs.

The Journal of Southern Legal History is published annually by the Georgia Legal History Foundation, Inc. The Journal explores, analyzes, and depicts the history of law, the legal culture and profession, and the courts, including federal courts, in Georgia, South Carolina, North Carolina, Virginia, West Virginia, Maryland, Delaware, Kentucky, Tennessee, Alabama, Florida, Mississippi, Arkansas, Missouri, Louisiana, and Texas.

Smith is an associate in the Business Litigation practice group at King & Spalding. He practices construction law, government contracts law, and contract law. His practice consists primarily of dispute resolution and litigation but also includes drafting, structuring and review of construction contracts. He represents owners, developers and general contractors in a variety of litigation and arbitration matters, and has written several papers related to dispute resolution in the construction industry.

08-16-2007

Foster Pepper Named 2007 Washington Best Workplace
Foster Pepper has been named a 2007 Washington Best Workplace by the Puget Sound Business Journal (PSBJ).

To find the best employers, the PSBJ asked readers to nominate their own or other companies. Nominations were accepted between February and April 2007. Nearly 200 nominations were submitted, with employees of nominated companies answering surveys conducted by Quantum Market Research of Wichita, Kan. QMR is widely recognized as a leading company in conducting this type of research and conducts the same survey for many other business journals across the country. To reach a confidence level of 95% with a margin of error of plus or minus 5%, Foster Pepper needed nearly 90 employees to complete a survey of 38 questions related to the firm’s employment practices.

More than 142 companies completed the survey, and each company was ranked according to its composite score.

08-16-2007

Experienced Entertainment & Intellectual Property Litigator Michael Garfinkel Joins Venable in Los Angeles
Venable LLP announced that Michael B. Garfinkel, an experienced commercial litigator with background in entertainment, intellectual property, defamation, and employment law, has joined the firm’s growing Los Angeles office.

Mr. Garfinkel, 41, arrives from Rintala, Smoot, Jaenicke & Rees LLP, a Los Angeles litigation firm where he worked since 1996, becoming a partner in 2000. He began his career with Pillsbury Madison & Sutro (now Pillsbury Winthrop Shaw Pittman), along with then fellow associate – and now chair of Venable’s Commercial West Litigation group and Partner in Charge of the Los Angeles office – Douglas Emhoff.

At Venable, Mr. Garfinkel will focus on general business litigation, with a concentration in entertainment and intellectual property matters. He represents talent agencies and entertainment companies in a variety of often high-profile matters, including commission, breach of contract, right of publicity, unfair competition, defamation, and employment suits, as well as accounting, idea submission disputes, and matters involving various entertainment industry guilds.

Among his clients Mr. Garfinkel counts both William Morris Agency and International Creative Management, two of the premier talent agencies, and Sam Nazarian’s SBE Entertainment Group, one of the fastest growing companies in Los Angeles.

In 2005, he was lead counsel in Marathon Entertainment, Inc. v. Hayes, representing actor Reggie Hayes (of TV’s Girlfriends) when Mr. Hayes’ former personal manager sued the actor for commissions. Mr. Garfinkel obtained a jury verdict in his client’s favor. He also successfully briefed and argued the matter on appeal.

Earlier this year, in a separate case brought by Marathon challenging the applicability of the Talent Agencies Act to personal managers (Marathon Entertainment, Inc. v. Blasi), Mr. Garfinkel submitted an amicus brief on behalf of the Association of Talent Agents. That case is now pending before the California Supreme Court.

Other notable cases handled by Mr. Garfinkel include a 16-week trial against Disney. He represented novelist Gary Wolf in a dispute over alleged under-reporting of merchandising revenues for the film Who Framed Roger Rabbit, based on Wolf’s Who Censored Roger Rabbit, resulting in a judgment in Mr. Wolf's favor.

Mr. Garfinkel noted he became aware of Venable after his long-time friend Doug Emhoff joined a year ago, along with the rest of his litigation boutique Whitwell Jacoby Emhoff; that move brought Whitwell Jacoby together with another established Los Angeles litigation firm Gorry Meyer & Rudd to form Venable’s Los Angeles office, which now has grown to over 30 attorneys.

“I had great respect for the success Doug achieved with his prior firm and we continued to stay in touch after he integrated his group with Venable – which has impressed me greatly with its national practice, especially in business litigation and IP where my own client work is rooted,” Mr. Garfinkel said. “Venable has made a fast imprint in Southern California and I am looking forward to helping expand the firm’s presence in the entertainment field and other practice areas I know well.”

“I've known Mike for over 15 years going back to our days together at Pillsbury and am obviously thrilled to have him join our growing office,” said Mr. Emhoff. “Apart from being a top-notch person and skilled trial attorney, Mike’s entertainment and business litigation practice meshes perfectly with our plans for growing the firm’s presence in Los Angeles and nationally. ”

Mr. Garfinkel received his J.D. from the University of California, Los Angeles in 1991, and his B.A. from University of Michigan, Ann Arbor in 1988.

08-16-2007

Who's Who Legal Selects Four Nelson Mullins Attorneys
Who's Who Legal has selected Nelson Mullins Riley & Scarborough Columbia Partners David Dukes, Ed Mullins, and Steve Morrison along with Atlanta Partner Richard North for inclusion in the International Who's Who of Product Liability Lawyers for 2007.
The London-based organization accepts nominations and conducts independent survey work with both general counsel and product liability lawyers in private practice worldwide. Only attorneys who have met independent international research criteria are listed. The publishers selected 302 attorneys from 31 countries. Attorneys cannot pay to appear in the listing, according to the publisher.

The publisher categorized Nelson Mullins as "Other Leading U.S. Players" and noted that "impressive expertise is also on offer at Nelson Mullins Riley & Scarborough LLP."

"David Dukes is rated as 'phenomenally good' by our sources, who recognized his work as national trial counsel for companies in the pharmaceutical, computer, and consumer products industries," the publication reported.

The publication also noted Mr. Mullins' and Mr. Morrison's "impressive experience." Mr. Morrison has served as lead counsel in more than 20 states, tried more than 240 cases to jury verdict and argued more than 60 appeals in the nation's highest courts, including the US Supreme Court, the publication reported. Mr. North "appears in the Atlanta research and completes the firm's quartet of nominees."

08-16-2007

Boston Office Appoints New Local Corporate Practice Head
McDermott Will & Emery is pleased to announce Mark Stein has been named head of the Firm’s Boston corporate practice. Mr. Stein succeeds Den White, who will continue to advise regional and global clients as a partner with the Firm.

"Mark will be an exceptional leader of our corporate team in Boston. His extensive experience in a range of transactional practice areas and leadership skills will contribute greatly to the further growth of our corporate practice," said Susan Cooke, head of the Firm’s Boston office. "Den’s steady hand has been deeply appreciated and we are grateful for his years of service on behalf of our corporate practice."

"I am excited to lead our Boston corporate practice with an eye to expanding our size and presence in this market," commented Mr. Stein. "I would like to thank Den for his dedication and his numerous contributions to the leadership of our group over the years."

Mr. Stein is a partner in the Firm’s Corporate Department and a member of the International Practice Group. His practice is focused on corporate finance, mergers and acquisitions and general representation of operating companies. A significant portion of his practice is on behalf of venture or private-equity backed companies in the information technology, energy/materials, life science and health fields.

Before joining McDermott, Mr. Stein served as deputy executive director and then acting executive director of the Massachusetts Office of International Trade and Investment. Prior to law school, Mark served in the Federal government, first as a legislative assistant to a United States senator from New Hampshire and then as a foreign service officer with the U.S. Department of State. He earned his J.D. from Harvard Law School, magna cum laude, where he was an editor of the Harvard Law Review, and his A.B. from Dartmouth College, magna cum laude.

08-16-2007

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