Law Firm News

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Law Firm News

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Ropes & Gray, LLP

Lee Allison Joins Ropes & Gray’s Tax & Benefits Department
Ropes & Gray is pleased to announce that Lee E. Allison has joined the firm's Tax & Benefits Department as a partner. Allison will base his practice in the firm's New York office.

Allison's practice focuses on federal tax issues arising from domestic and international mergers and acquisitions, including leveraged transactions and private equity investments. In addition, he has advised clients in private equity and leveraged mezzanine fund formations, securities offerings, and the restructuring of financially distressed companies.

“Lee is a terrific addition to our team,” said Jonathan M. Zorn, the chair of Ropes & Gray's Tax & Benefits Department. “While he will step in immediately to serve our tax clients, he will also advise our private equity and M&A clients, among many others, on the challenging tax issues they have to address."

Allison comes to Ropes & Gray from Kirkland & Ellis, where he was a partner.

Allison is admitted to the New York State Bar. He is a graduate of the Northwestern University School of Law, where he was the managing editor of the Northwestern University Law Review, and he earned his undergraduate degree from the University of Pennsylvania.

08-07-2007

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Morrison & Foerster, LLP

Lawrence Gerschwer, Former Assistant U.S. Attorney for the Southern District of New York, Joins Morrison & Foerster’s Securities Litigation, Enforcement and White Collar Practice
Morrison & Foerster LLP announced that former federal prosecutor Lawrence Gerschwer, who has investigated and tried a number of significant securities fraud and public corruption cases as an Assistant United States Attorney in the U.S. Attorney’s office for the Southern District of New York, has joined the firm as a partner in its New York office.

Mr. Gerschwer served as an Assistant U.S. Attorney in the Southern District for more than eight years, during which time he tried 10 criminal cases and argued numerous appeals before the United States Court of Appeals for the Second Circuit.

Mr. Gerschwer was an active member of two high-profile Southern District units during his tenure: the Securities and Commodities Fraud Unit, where he investigated and tried cases involving accounting fraud, insider trading, market manipulation and other violations of the federal securities laws; and the Public Corruption Unit, where he investigated and tried cases involving public corruption and government fraud. Mr. Gerschwer handled numerous cases that involved parallel proceedings with the Securities and Exchange Commission, the Commodities Futures Trading Commission and court-appointed receivers, as well as cases that required coordination with state and local law enforcement officials.

Among his noteworthy prosecutions, Mr. Gerschwer served as trial attorney in U.S. v. Mark Kaiser, a case involving conspiracy, securities fraud and false SEC filings in connection with an accounting fraud scheme at U.S. Foodservice (“USF”), a U.S.-based subsidiary of the Dutch holding company Royal Ahold, which suffered a $6 billion loss of market capitalization upon discovery of the fraud at USF.

Other cases in which Mr. Gerschwer played a key role included U.S. v. Michael Rigas, which involved the accounting fraud that brought down cable operator Adelphia Communications, and U.S. v. Vito Napoletano et al., a prosecution involving a series of “boiler rooms” that was part of a large-scale investigation into fraud in the foreign exchange markets known as “Operation Wooden Nickel.”

Mr. Gerschwer also participated in the investigation of a massive municipal corruption scheme charged in U.S. v. Albert Schussler, et al. and other cases. Schussler -- a RICO, bribery and fraud case involving a long-term scheme to bribe New York City property tax assessors -- was described by New York Mayor Michael Bloomberg as “the largest and most financially damaging corruption scheme ever conducted within city government.”

“Larry’s criminal trial background and investigative experience, particularly in securities and commodities fraud, is the ideal complement to our practice,” said Carl Loewenson, Jr., co-chair of Morrison & Foerster’s firm-wide Securities Litigation, Enforcement, White Collar Defense Group. “There isn’t an aspect of financial fraud or executive crime that he hasn’t prosecuted, and his understanding of accounting issues, insider trading, hedge funds and other sophisticated financial topics is unparalleled.”

Mr. Loewenson, himself a former Assistant U.S. Attorney in the Southern District, added that he expects Mr. Gerschwer will participate in internal investigations as well as litigation and enforcement assignments.

“Investigations demand the sort of rigorous fact-finding and peripheral vision that are second nature to a good prosecutor, and Larry obviously has seen it all when it comes to corporate and executive misbehavior,” Mr. Loewenson said. “Of course, given his trial and appellate track records, our litigation docket in securities and white collar matters will be enhanced by his presence.”

Morrison & Foerster has counted a number of notable recent representations in the securities and white collar arenas. The firm continues to serve as counsel for more than 300 issuer defendants in the IPO Securities Litigation in the Southern District, the largest set of consolidated securities class actions ever brought.

This spring Morrison & Foerster won complete acquittal of a former biotechnology executive accused of conspiracy and other counts under the federal Anti-Kickback law, a case highlighted by the National Law Journal in selecting Morrison & Foerster to its Defense Hot List in July 2007.

In addition, over the past year the firm has handled approximately 50 investigations and litigation matters stemming from alleged backdating of corporate stock options, representing public companies in a range of industries and working with a variety of clients, including audit committees, outside directors, and corporate officers and senior managers from CEOs and CFOs to general counsel.

“Having spent my entire career in New York City, I was drawn to Morrison & Foerster’s substantial presence in New York and the firm’s experience in the New York courts on the kinds of matters that I have prosecuted and intend to focus my practice on,” Mr. Gerschwer said. “As an added plus, the strength of the firm’s securities litigation and white collar practice nationally and globally will provide a great opportunity for me to practice in a broader arena.”

Prior to joining the U.S. Attorney’s office in 1998, Mr. Gerschwer spent four years as a litigation associate at the law firm of Wachtell, Lipton, Rosen & Katz. Before that, he served as a law clerk to Judge Wilfred Feinberg on the U.S. Court of Appeals for the Second Circuit.

Prior to his career in the law, Mr. Gerschwer worked in the environmental field. He spent several years with the New York City Department of Environmental Protection where -- as a member of the Hazardous Materials Response Unit -- he assisted law enforcement and other first responders at incidents involving hazardous materials, and managed environmental remediation projects. He also worked at a private environmental consulting firm, where he investigated potential hazardous waste sites and advised corporate clients on environmental regulations.

Mr. Gerschwer received his J.D. from Columbia Law School (1993), where he was a Harlan Fiske Stone scholar and a senior editor of the Columbia Law Review, and his B.A. in Biology (1983) from SUNY Binghamton.

08-07-2007

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Morrison & Foerster, LLP

Federal Judge in Idaho Orders Treatment for Transgender Inmate
In a groundbreaking decision, a federal district court judge ruled Friday that the Idaho Department of Corrections must provide female hormone therapy to a transgender inmate while her case proceeds to trial in federal court in Boise, Idaho.

Jenniffer Spencer sued the Idaho Department of Corrections for failing to diagnose or treat her gender identity disorder, the current medical diagnosis applied to transsexual people.Gender identity disorder is a conflict between a person’s physical sex and the person’s psychological identity as male or female.

Despite Spencer’s repeated requests for treatment for her condition—75 in total—the department refused. Spencer attempted suicide when she learned that prison doctors would not provide any treatment for her gender identity disorder. Subsequently, she performed her own castration using a disposable razor blade in her prison cell, nearly bleeding to death in the process.

After Spencer removed her own testicles, the department continued to deny treatment for her gender identity disorder. Instead, the department prescribed male hormone therapy, which Spencer refused.

On Friday July 27, Judge Mikel Williams of the Federal District Court for the District of Idaho ruled that, based on extensive expert medical testimony, Spencer is entitled to receive female hormone therapy while her case is being decided. Judge Williams held that “gender identity disorder, left untreated, is a life-threatening mental health condition.” Judge Williams found the prison’s offer of testosterone was “medically unacceptable” and posed “an excessive risk” to Spencer’s health. “In light of Plaintiff’s significant mental health issues and the lack of comprehensive and meaningful re-evaluation of Plaintiff after his self-castration,” Judge Williams stated, “the ‘choice’ offered to Plaintiff is really no choice at all.”

“We are gratified that the court acknowledged that the State of Idaho’s refusal to appropriately treat transgender persons is unacceptable,” said James Schurz of Morrison & Foerster, one of the attorneys representing Spencer. “Judge Williams’ decision ensures that Jenniffer will receive adequate and appropriate medical care.”

Ms. Spencer is represented by the National Center for Lesbian Rights, Morrison & Foerster LLP and Sheryl Musgrove.

Spencer, who legally changed her name earlier this year, is serving a 10 year sentence for possession of a stolen car and a failed escape attempt that occurred when she was a teenager. She is now 27 years old.

08-07-2007

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Loeb & Loeb, LLP

Loeb & Loeb Works to Help America's Heros
In May 2007, Daniel Rooney, a military captain and F-16 fighter pilot in the Oklahoma Air National Guard who served two tours in Iraq, retained Loeb & Loeb LLP. Mr. Rooney utilized the firm’s services to form the Fallen Heroes Foundation, an organization dedicated to fundraising and creating programs for the benefit of the families and children of the men and women who died or were seriously disabled while serving the United States in the conflicts in Iraq and Afghanistan.

After Mr. Rooney's last tour in Iraq, he had a very difficult time disengaging from the war and began to think of ways in which he could stay involved in the war effort. As a result, he decided that a positive way to contribute to society and stay involved in the war effort was to start the Fallen Heroes Foundation. Mr. Rooney recognized the need for this type of charitable fundraising due to the low death and disability benefits many families of fallen heroes receive.

“Daniel explained his idea to me and I immediately referred him to the Tax Exempt Organizations Group at Loeb & Loeb,” said Martin Pollner, a close friend of Rooney’s and a partner in Loeb & Loeb’s New York office. “We were able to provide him with the counsel and support he needed to make this vision a reality and in turn help thousands of people.”

As a professional golfer, the core of Mr. Rooney's idea was to channel his (and the nation's) passion for golf with fundraising efforts. Fallen Heroes Foundation has created "Patriot Golf Day" to take place on September 1, 2007. On Patriot Golf Day, approximately 1500 golf courses from around the country will request an additional $1 for each green fee and donate these proceeds to the Fallen Heroes Foundation. Seeing as September 1, 2007 was so soon, Loeb & Loeb attorneys immediately incorporated the Fallen Heroes Foundation and filed the application for the Foundation's Federal tax-exempt status soon thereafter.

“As an avid golfer I could think of no better way to see the Fallen Heroes Foundation attain an immediate level of success than to combine my two passions,” said Mr. Rooney. “The establishment of this foundation, and in turn Patriot Golf Day, has been due greatly to the sharp advice and insight I have received from Loeb & Loeb. They’ve played an integral part in seeing that this project comes to fruition.”

The PGA of America is a co-sponsor of Patriot Golf Day, and Mr. Rooney recognized this as an opportunity to collaborate with another organization to make a larger impact. He contacted John D. Folsom, a Colonel in the United States Marine Corps Reserve who created Wounded Warriors, his own non-profit organization dedicated to helping wounded soldiers. Mr. Folsom wholeheartedly agreed to work with the Fallen Heroes Foundation on this great event and with assistance from attorneys in Loeb & Loeb’s Chicago office, the organizations were able to file trademark/service mark applications for Patriot Golf Day.

“It’s truly been an honor to help Mr. Rooney and Mr. Folsom create Patriot Golf Day,” said Eliot Green, a partner in Loeb & Loeb’s New York office who specializes in Tax-exempt organizations and provided legal counsel, along with Associate Laura Lavie, to Mr. Rooney and his foundation. Green added, “The concept is truly original and we have full confidence that this event will provide these families with the support they need.”

About The Fallen Heroes Foundation: The Fallen Heroes Foundation is a non-profit organization dedicated to providing financial and emotional support to the families of fallen or injured American Servicemen and women, providing financial aid for educating the children and spouses of our fallen or wounded soldiers, and forming synergistic alliances with fellow non-profits and government agencies that are providing assistance to our military families. For more information please visit: www.fallenheroesfoundation.org.

About Wounded Warriors: Wounded Warriors mission is to provide support to the families of those who have been wounded, injured or killed during combat operations. The families of these casualties suffer in many ways: some financially, some psychologically. Wounded Warriors mitigates their trauma by allowing them to find peace and solace as a family once more in family-friendly resorts that we provide free of charge. The resort condominiums the organization owns in Orlando, Florida and Galveston, Texas are quiet havens where war torn families can reunite and become stronger.

08-07-2007

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Loeb & Loeb, LLP

Loeb & Loeb Launches Fashion and Luxury Brands Industry Group
Loeb & Loeb LLP announced today the launch of the firm’s Fashion and Luxury Brand Industry Group. The firm’s client roster includes some of the most recognizable brands in the world, including Polo Ralph Lauren, Donna Karan, True Religion, 7 For All Mankind, Yurman Designs, Inc., Vans, TRUNK Ltd and Planet Blue.

“The formation of this group reflects the industry’s tremendous growth and our commitment to the future success of our existing clients,” says James Williams, chair of the Fashion and Luxury Brand Industry Group. “Our industry relationships and experience position us to deliver solutions swiftly and cost-effectively, whether those solutions relate to brand management, financing transactions, or intellectual property enforcement.”

Recent news of deals and extensive industry research indicate that luxury brands and apparel are robust with M&A activity and IP litigation in trademark and copyright issues, as well as in patents for consumer products which demonstrate the competitiveness of brands.

"James understands the business like very few other attorneys do. In this competitive market, that edge is critical. I rely on James and the attorneys at Loeb to go beyond lawyering the deal and to provide us with strategic business counsel necessary for us to stay on top," says Luciano Mor, a Director at Vans.

Noting the tremendous synergies in the firm’s various legal practices, Loeb & Loeb’s Co-Chairman John Frankenheimer points to the combined forces of IP counseling and enforcement, corporate, advertising and promotions and the convergence of fashion and luxury brands with media/entertainment and technology.

“This convergence further underscores the value of Loeb & Loeb’s long-standing experience and influence in the media and entertainment industry,” says Frankenheimer. “We can provide fashion and luxury brands a thorough understanding of the channels through which products are promoted, purchased and delivered as well as providing valuable experience in the financial markets as the requirements of these companies evolve.”

Williams, an experienced corporate and intellectual property attorney with internationally recognized expertise in the fashion and apparel industry, joined Loeb & Loeb in March 2007. Previously, he was a partner at Davis, Shapiro, Lewit & Hayes in Los Angeles.

The Fashion and Luxury Brand Industry Group also includes Los Angeles Partner Allan Duboff and Associates Shannon McMasters and David Wardle; New York Partner David Ansel and Associate Noah Leichtling; and Chicago Partner Mary Innis.

08-07-2007

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Lewis and Roca LLP

Lewis and Roca LLP Names Consultants in Marketing, Inc. as Agency of Record
Lewis and Roca LLP is pleased to announce that Consultants in Marketing, Inc. is its agency of record for public relations in the state of Nevada. Consultants in Marketing will be responsible for implementing and managing Lewis and Roca LLP Nevada public relations initiatives in collaboration with the Lewis and Roca LLP regional offices.

According to Lewis and Roca LLP Director of Marketing Nathalie Daum, the new partnership will help insure that the growing Nevada practice is supported by a firm that specializes in legal marketing, “Lewis and Roca LLP is committed to expanding its presence in Nevada. We believe Consultants in Marketing has the local expertise to assist us with managing the public relations efforts our diverse practice requires.”

Darcy Neighbors, CEO of Consultants in Marketing, concurs, “We are delighted and honored to partner with such a progressive and professional law firm. We are specialists in this area of business communications and we’ll bring that expertise and commitment to our work with the exceptional marketing team already in place at Lewis and Roca LLP.”

08-07-2007

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Jones, Skelton & Hochuli, P.L.C.

Greene to Present at IPE
Narinda Greene, a defense paralegal with Jones, Skelton & Hochuli, P.L.C., will be a presenter at the Institute for Paralegal Education's (IPE) "Countdown to Trial: A Crash Course in Trial Preparation for Paralegals," on Friday, November 16, 2007 in Phoenix, Arizona.

Greene is a certified legal assistant by NALA and has written works for and currently instructs and lectures on the litigation section of the Certified Legal Assistants Exam for the Maricopa County Bar Association's Paralegal Division. She is currently on the Board of Directors for the Arizona Paralegal Association and is a member of NALA.

08-07-2007

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