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Paul Hastings Represents Newhall Land and Farming Company in Land Use Victory
Representing real estate developer Newhall Land and Farming Company, Paul, Hastings, Janofsky & Walker LLP (Paul Hastings), a leading real estate and land use firm, defeated a challenge to the city of Santa Clarita' s approval of its 1,083-unit housing development bordering the Santa Clara River.

The judge found that the city of Santa Clarita acted in compliance with the California Environmental Quality Act, and refuted the petitioners' assertion that the city's decision did not adequately consider the project's impact on the environment. The petitioners contended the project would have a negative impact on the bordering Santa Clara River, as well as plant and animal species indigenous to the region.

The petitioners also contended that the city could not rely on a transfer of State Water Project water to the local State Water Project wholesaler, but the Court rejected those claims, too, finding that the water transfer could be relied upon for planning purposes. The ruling gives Newhall approval to begin development of the land.

The decision was issued on August 14, 2006 against petitioners Sierra Club, Center for Biological Diversity, Friends of the Santa Clara River and the California Water Impact Network.

The Paul Hastings team, representing Newhall, was led by Los Angeles partner Robert McMurry, of counsel A. Catherine Norian and associate Edgar Khalatian.

About Newhall Land and Farming Company: The Newhall Land and Farming Company, a Lennar/LNR company, is a real estate developer of master-planned, mixed-communities, primarily north of Los Angeles.

About Paul Hastings' Real Estate Department: With over 170 attorneys, Paul Hastings has one of the largest real estate practices of any international law firm. Recognized for its excellence, the firm's partners' cumulative experience extends to the lending, acquisition, leasing and investment of and in real estate assets on a national and international scale. The department has been at the forefront of the introduction of international standards and practices to the acquisition, financing and workout of non-performing secured and unsecured real estate and corporate loans and assets.

08-21-2006

Texas Lawyer/Law.com: Prepare Clients for the New Rules of Electronic Discovery
Houston partner Tom Kruse and associate Matt Caligur authored an article that appeared in the August 21 edition of Texas Lawyer and online at Law.com on August 28 titled, ""Prepare Clients for the New Rules of Electronic Discovery.""

The article focuses on e-discovery—the discovery of electronically stored information—and how Amendments to the Federal Rules of Civil Procedure, which are due to take effect December 1, will affect in-house and outside counsel, and their clients.

According to Kruse and Caligur: ""The amended rules adopt many changes on e-discovery, including requirements for addressing e-discovery issues in initial disclosures (Rule 16), guidelines regarding the scope of electronic discovery (Rule 26), electronic document production requirements (Rule 34), changes to interrogatory responses that incorporate electronic data (Rule 33) and subpoenas for electronically stored information (Rule 45).""

The authors go on to advise, ""In-house and outside counsel must ensure that their litigation practices are consistent with the new rules. There are five ways lawyers can help clients change their business practices to comply with these newly enacted discovery rules.""

According to Kruse and Caligur, counsel should: Be proactive; Address e-discovery issues early in the suit; Know the boundaries of e-discovery; Develop litigation-hold policies; and Develop sound document retention policies.

The authors conclude, ""Forewarned and armed with knowledge of the amended rules, Texas lawyers can prepare their clients for the inevitable flood of electronic discovery disputes that the future is sure to hold.

08-21-2006

Vorys Attorney Elected to Executive Council of National Conference of Bar Presidents
Vorys, Sater, Seymour and Pease LLP is proud to announce that Carl D. Smallwood has been elected to the Executive Council of the National Conference of Bar Presidents.

The National Conference of Bar Presidents (NCBP) was founded in 1950 to provide information and training to state and local bar association leaders. The current organizational members of NCBP include state, local and special focus bars from 53 states and territories and members include past bar leaders from these jurisdictions. The Executive Council and committees consist of recent bar presidents who attended NCBP conferences when they were leading their respective bars and who want to share their experiences and perspectives with current bar leaders.

Mr. Smallwood, a partner in the Columbus office, is a Past President of the Columbus Bar Association, and the first African-American officer in its history. Under his leadership, twenty-two firms in Columbus signed the Managing Partners' Diversity Initiative, a five-year plan to increase diversity in Columbus' law firms. Mr. Smallwood was named as a Lawyer of the Year by Ohio Lawyers Weekly (2001) and in 1999, he was one of two hundred lawyers invited to answer a Presidential Call to Action to the legal community.

Mr. Smallwood represents clients in the litigation, arbitration and mediation of employment-related injury, wrongful termination, professional negligence and commercial disputes. His substantial jury trial experience includes professional negligence actions, serious personal injury and death claims, toxic exposure claims and employment tort claims. He serves as trial counsel to several companies defending asbestos products liability litigation pending in Ohio courts.

“Carl demonstrates great leadership both in and out of the courtroom,” said Robert W. Werth, Managing Partner. “This is an impressive honor and we are very proud of Carl.”

Vorys, Sater, Seymour and Pease LLP has offices in Columbus, Cincinnati, Cleveland, and Akron, Ohio, as well as in Washington, D.C., and Alexandria, Va. With nearly 400 attorneys, Vorys is one of the largest law firms in the United States. Vorys was recently recognized for being one of only 25 firms with the most practice areas used by corporate America and one of the top 25 national firms serving the Retail and Industrial Manufacturing industries. For more information about the firm, visit www.vssp.com.

08-21-2006

Laurie Burt Elected Vice President of Boston Bar Association
The Boston Bar Association (BBA) recently announced the results of its leadership elections for the coming year. Foley Hoag partner Laurie Burt has been elected Vice-President for a term of one year beginning on September 6, 2006.

Laurie has been an active member in the BBA for many years, serving on the Nominating Committee, Education Committee, Environmental Committee and as a Council Member. She is a founder of Foley Hoag’s Environmental Practice Group, and served on the firm’s Executive Committee.

Laurie’s practice focuses on the development of innovative environmental compliance strategies to assist clients in managing risks and liabilities. She focuses on land use redevelopment projects, particularly Brownfields including the Boston Harbor, Quincy Shipyard, Fort Devens, Worcester Medical Cities and Chelsea Schools, and has also represented major corporations in significant environmental actions.

Prior to joining Foley Hoag, Laurie was a Massachusetts Assistant Attorney General in environmental enforcement. In addition to her BBA duties, she is Chair of the Board of Directors of the New England Legal Foundation, a Fellow in the Boston Bar Foundation and Founding Board Member of the James D. St.Clair Court Public Education Project, a member of the Women’s Bar Association, the Massachusetts and American Bar Associations, and a member of the Environmental Law Institute, NAIOP, and the Environmental League of Massachusetts.

Laurie received her law degree from Boston College and her undergraduate degree from the University of Wisconsin. She also holds a Master’s Degree in Urban Planning from Boston University.

08-21-2006

ABA Appoints Susan Barbieri Montgomery Chair of IP Law Section
Foley Hoag partner Susan Barbieri Montgomery was recently named Chair of the IP Law Section at the American Bar Association’s (ABA) Annual Meeting.

The IP Law Section is the largest intellectual property organization in the world, and one of the largest sections within the ABA. Susan is the first woman to hold this title, for a one-year term beginning at the close of the ABA Annual Meeting in August.

Susan’s practice focuses on intellectual property strategic planning, exploitation and protection; including acquisitions, alliances and joint ventures; cross-border planning for IP assets; software and technology development; and other domestic and international license, franchise and distribution arrangements. She also counsels U.S. and foreign companies on U.S. and international business transactions. She received her undergraduate and Master’s degrees from Rhode Island School of Design, and her J.D. from Northeastern University.

Foley Hoag’s Intellectual Property Practice is one of the largest in the firm, comprised of nearly 70 lawyers and professionals working on patent prosecution, licensing, patent litigation, and trademark issues in industries from biotechnology to high technology, finance, and retail. The firm has been nationally ranked by Chambers USA and has been ranked one of the top five largest IP Law Firms in the Boston area by The Boston Business Journal for the last three years.

08-21-2006

Missouri Supreme Court Cites Article Authored by Corrigan & Kass
The Missouri Supreme Court recently issued a ruling, Healthcare Services of the Ozarks, Inc. v. Copeland (no. SC87083), addressing the enforceability of non-compete agreements in Missouri. Notably, the Missouri Supreme Court cited an article, Non-Compete Agreements and Unfair Competition - An Updated Overview , co-authored by Armstrong Teasdale lawyers, William M. Corrigan, Jr. and Michael B. Kass “for a comprehensive discussion of the issues surrounding the use of non-compete agreements.” To review the case history and the client alert issued regarding this matter, please click here.

08-21-2006

Marc Scheineson Appointed to Editorial Advisory Board of Washington Drug Letter
Marc Scheineson was recently appointed to the Editorial Advisory Board of the Washington Drug Letter. Washington Business Information Inc. publishes this weekly newsletter, which provides executive briefings on the regulation of pharmaceuticals.

08-21-2006

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