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JULIE SPELLMAN SWEET TO CHAIR AND RICHARD HALL TO SPEAK AT PRIVATE EQUITY CONFERENCE
On November 3, Cravath partners Julie Spellman Sweet and Richard Hall will speak at "Private Equity 2006 and 2007: What You Need to Know Now", a West Legalworks conference to be held at The Pierre hotel in New York City. Julie will chair the program and will moderate a panel discussion entitled "Navigating Critical Ethics Issues in Private Equity". She will also participate as a panelist in two discussions: "Hot Topics Impacting Private Equity M&A in 2006 and 2007" and "Achieving Permanent Capital for Private Equity Firms: What Every Firm Must Know". Richard will moderate a panel discussion entitled "Key Legal Developments in M&A Affecting Tomorrow's Private Equity Deals".

11-02-2006

Cleary Gottlieb Adds Leading Corporate and M&A Partner in Brussels
International law firm Cleary Gottlieb Steen & Hamilton LLP announced today that leading Belgian corporate and M&A lawyer Laurent Legein will join the firm as a partner in its Brussels office.

Mr. Legein, 38, comes to Cleary Gottlieb from Clifford Chance, where his current practice spans a broad range of corporate transactional and advisory work. His main areas of practice are private and public M&A, private equity and equity capital markets transactions. Mr. Legein has been recognized as a ""leading individual"" in Corporate/M&A in the Chambers Global 2006 guide and as a ""leading lawyer"" in both capital markets and M&A in the 2006 edition of IFLR 1000.

His appointment brings the total number of Cleary Gottlieb partners to 190.

""Laurent’s arrival at Cleary Gottlieb underscores our commitment to our Brussels-based corporate practice,"" said Cleary Gottlieb managing partner Mark Walker. ""He is an extraordinarily talented and energetic lawyer who will further strengthen our capability to handle complex Belgian and cross-border corporate transactions.""

In 1994, Mr. Legein became a member of the Brussels Bar. He joined Clifford Chance that same year as an associate, becoming a partner in 2001. In 1997, Mr. Legein spent significant time at Clifford Chance’s London office.

A graduate from the law faculty of the Université Catholique de Louvain in 1992, Mr. Legein obtained a post-graduate degree at the law faculty of Ghent University in 1993 and an LL.M. at Georgetown University in 1994.

Commenting on his move, Mr. Legein said, ""Clifford Chance is a great firm. My time there has been extremely rewarding and I did my best to contribute to the success of their Brussels practice. But I had reached a time in my career when I needed a new challenge. Cleary Gottlieb has an outstanding reputation in Brussels and I look forward to working with them.

11-02-2006

DURIYA DHINOJWALA JOINS AKRON OFFICE OF BUCKINGHAM, DOOLITTLE & BURROUGHS, LLP
Buckingham, Doolittle & Burroughs, LLP (“BDB”) is proud to welcome Duriya Dhinojwala, as Associate in the Akron office. The addition of Ms. Dhinojwala increases the Akron office to 47 attorneys and strengthens its litigation practice. Ms. Dhinojwala will focus her practice in the areas of business, bankruptcy and creditors’ rights, tort and contract law, and commercial litigation

Ms. Dhinojwala was formerly employed with BDB as a Law Clerk from January 2002 until April 2002 in the areas of litigation, business and immigration. She has been published in the OSBA magazine, Ohio Lawyer, in the January/February 2006 edition, as well as the Akron Bar Association magazine, Examiner, in September 2005, covering the Amendment to Ohio Civil Rules 33 and 36.

Ms. Dhinojwala earned her J.D. from The University of Akron School of Law, having been named to the Dean’s List in Fall 2001 and Spring 2002. She was recipient of the CALI Award for Student Excellence in 2001 for Commercial Law (Top A), Employment Discrimination Law, (Top A); and Basic Legal Research (Top A). In addition, she attended Sophia College, Bombay, India, with a Bachelors in Fine Arts. Ms. Dhinojwala is a member of the Ohio Bar, U.S. District Court, Northern District of Ohio, and the U.S. Court of Appeals, Sixth Circuit. She holds membership with the American, Ohio State, and Akron Bar Associations. She is a barrister member of Scanlon Inn of Court.

Ms. Dhinojwala currently resides in Copley, Ohio with her family.

The Akron office of Buckingham, Doolittle & Burroughs, LLP employs 150 legal professionals and support staff, including 50 attorneys that represent several major organizations in the region including Akron Metropolitan Housing Authority, The Goodyear Tire & Rubber Company, Summa Health Systems and The Wooster Brush Company. The firm was founded in Akron more than 90 years ago and will relocate from downtown to a more suburban Fairlawn location in late 2006. The attorneys in Akron specialize in various practice areas, including business law, taxation, trusts and estates, immigration, criminal law, real estate and construction and litigation.

11-02-2006

Proposed Federal Evidence Rule 502 Tackles Privilege Waiver
A proposed new Federal Evidence Rule 502 has recently been published for public comment. Under current federal common law, voluntary or inadvertent disclosure of privileged communications can result in a complete waiver of the privilege. This has presented general counsel with a difficult dilemma when their investigations reveal criminal conduct. Should they disclose to avoid or limit corporate criminal liability even though this may increase the likelihood of corporate civil liability?

Recognizing this issue, the Federal Judiciary’s Evidence Rules Committee included a provision to the rule titled “Selective Waiver.” This doctrine allows parties to disclose attorney-client privilege or work product materials to government officials and investigators without fear of waiver to the whole world. This rule is intended to address concerns of corporations that are the subject of government investigation and promote cooperation without additional civil consequence.

How this impacts you

With continuing pressure on corporations to cooperate with the Department of Justice and the impact of the cooperation and voluntary disclosure guidelines contained in the “Thompson Memorandum,” this rule may provide the “safe harbor” needed to facilitate corporate cooperation with the government. But the tide may shift sooner—the “Thompson Memorandum” has come under fire by the Senate Judiciary Committee that is now threatening legislation to override the Justice Department policy unless the department voluntarily relaxes guidelines.
At an oversight hearing on September 12, 2006, Arlen Spector told Deputy Attorney General Paul J. McNulty that the policy was coercive and “it may even rise to the level of being a bludgeon.” Former Attorney General Edwin Meese III denounced the policy calling it “counterproductive to compliance with the law.”

Additionally, an inordinate amount of discovery expense is attributable to the exacting review of discovery for privilege or work product in order to prevent waiver of all protected material in the present case or any subsequent cases. Under the proposed new rule, if parties take reasonable precautions to prevent disclosure and take reasonably prompt measures to correct an error then an inadvertent disclosure does not operate as a waiver.

Hearings on the new rule are scheduled for January 2007 and all comments are due by February 15, 2007. You can make these comments by clicking the link provided below. The new rule if approved would not take effect until December 1, 2008.

11-02-2006

Mary Kay Vyskocil To Speak at 2006 Fall Conference and Annual Meeting of ARIAS US
Mary Kay Vyskocil will speak later today at the 2006 Fall Conference and Annual Meeting of ARIAS US, an organization that trains and certifies arbitrators in the reinsurance field. More than 500 people have signed up for the Conference. She will run a workshop on the "Top Ten Things You Can do to Win Your Arbitration". More than 200 people have signed up for that session. The conference takes place on November 2 and 3 at the New York Hilton.

11-02-2006

Mario Ponce, Sean Rodgers and Joe Kaufman to Speak at West Legalworks Conference on Private Equity
Corporate partners Mario Ponce, Sean Rodgers and Joe Kaufman will speak at West Legalworks' conference "Private Equity 2006 and 2007: What You Need to Know Now". Mr. Rodgers will moderate a panel on club deals and also discuss critical ethics issues in private equity, while Mr. Ponce will present on a panel relating to key legal developments and Mr. Kaufman will participate on a panel relating to achieving permanent capital for private equity firms. The event will be held on November 3, 2006 at the Pierre Hotel in New York City.

11-02-2006

Scott Lemond & Rob Carty Published in The Houston Lawyer
Scott Lemond and Rob Carty’s article on the new popularity of the Fair Labor Standards Act (FLSA), “The Suddenly En Vogue FLSA: After 50 Years As a Wallflower, She’s Finally Ready to Dance,” was published in the September/October issue of the Houston Lawyer.

The authors cite that suits filed under the FLSA, enacted nearly 70 years ago to regulate wages, working hours, and child labor, have more than doubled since 2001. Most current lawsuits focus on one of two overtime issues: whether an hourly employee has received all the overtime to which he or she is entitled; and “misclassification,” or whether the employee may be paid by salary (as opposed to an hourly wage) and thus be exempt from the overtime requirements.

Despite regulations to update some of the antiquated aspects of FLSA -- mainly the 1994 Department of Labor’s first significant revisions of the FLSA regulations in more than 50 years -- confusion still exists over issues such as overtime exemption. In fact, say the authors, the sweeping changes may themselves be a cause of increased litigation: businesses and courts are notoriously slow to react to major policy changes. The DOL changes caused many workers previously considered “exempt” from the overtime provisions of the FLSA to become “non-exempt” overnight, setting off a deluge of suits that have affected every major industry. The DOL’s Wage and Hour Division has also been aggressive in filing many suits against employers for overtime violations.

“In the end, this increased government scrutiny, including the DOL’s commitment to raising public awareness about FLSA issues (particularly those dealing with wages and working hours vis-à-vis a worker’s authority and responsibilities), probably also means increased government involvement with FLSA compliance across all industries. Coupled with the already upward-trending pattern of FLSA lawsuits nationally and in the Southern District, the FLSA is not slowing down in her old age. To the contrary, she is more popular than ever before and it looks like her dance card will be full for some time to come.

11-02-2006

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