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Fried Frank Elects Nine New Partners
Fried, Frank, Harris, Shriver & Jacobson LLP announced today that nine lawyers have been elected to the Firm’s partnership. As of September 1, 2007, the new partners are Peter Guryan, François Hellot, Barbara Levy, Richard C. Park, Brian D. Pfeiffer, Tiffany Pollard, Damian P. Ridealgh, Joshua Wechsler, and Eli Weiss.

In a joint statement, Valerie Ford Jacob, Fried Frank’s Chairperson, and Justin Spendlove, Fried Frank’s Managing Partner, stated, “We are very excited and proud to have these colleagues as partners of the Firm, and we look forward to their role in the continued growth and success of Fried Frank.”

Attorneys elected to partner:

Peter Guryan, an attorney in the Antitrust Department in the Firm's New York office, focuses his practice on antitrust counseling, government and regulatory review of mergers and acquisitions, and litigation. He has successfully represented major corporations in a wide range of industries in connection with merger, joint venture, and civil non-merger investigations before the United States Department of Justice and the Federal Trade Commission. Prior to joining Fried Frank in 2001, Mr. Guryan was a trial attorney at the Department of Justice in the Antitrust Division’s Telecommunications Task Force. He began his legal career as a law clerk to the Hon. Harold A. Ackerman, United States District Court for the District of New Jersey from 1996 to 1998. He received his JD, cum laude, from Cornell Law School in 1996 and his BA from Cornell University in 1992. He is admitted to practice in New York and before the United States District Court for the Southern District of New York.

François Hellot, an attorney in the Paris Corporate Department, centers his practice on mergers and acquisitions for public and private companies based in France and abroad, and on private equity transactions (venture capital and leveraged buy-outs). He has extensive experience representing both financial investors and managers. Mr. Hellot joined the Firm in 2005 as European counsel. He received his advanced degree in English and North American business law in 1994, from the University of Paris – I. He also holds a degree from the Paris Institute for Political Studies. He was admitted to the Paris bar in 1997.

Barbara Levy, an attorney in Fried Frank’s Paris office, focuses her practice primarily on corporate and commercial litigation. In addition to her general corporate litigation work, she has developed a strong practice in the areas of trademarks, intellectual property and related commercial issues, distribution and antitrust law, and general contract law. Her clients include French and International companies, in a wide variety of industries, including luxury goods, fashion, telecommunications, and automotive. Mrs. Levy joined the Firm in 2005 as European Counsel. She has an advanced degree in international private law from the University of Paris – II, with honours, with a specialization in International Commercial Arbitration. She was admitted to the Paris bar in 1990. Prior to joining the Firm in 2005, Barbara Levy was a partner at the firm Veil Jourde.

Richard C. Park, an attorney in the Antitrust Department in Fried Frank’s Washington, DC office, focuses his practice on a full range of antitrust counseling, with a particular focus on mergers and acquisitions, joint ventures, and representation of clients in connection with investigations by the United States Department of Justice and the Federal Trade Commission. He has significant experience representing clients in merger and civil non-merger matters involving a wide variety of industries including, software, pharmaceuticals, defense, telecommunications and media. Mr. Park joined the Firm in 1999. He is a former Vice Chair of the ABA Antitrust Telecommunications Committee. He received his LLM from Georgetown University Law Center in 1997, his JD from Northeastern University School of Law in 1995, and his BA from Cornell University in 1992. He is admitted to the bar in the District of Columbia and New York.

Brian D. Pfeiffer, an attorney in the New York Bankruptcy and Restructuring Department, has a broad range of experience advising clients on a variety of bankruptcy and restructuring-related matters. His practice involves all aspects of in- and out-of-court restructurings of financially distressed businesses, including representations of corporate debtors, official and unofficial creditors' committees and equity committees, significant stakeholders and third-party acquirers. He joined the firm in 1999. Mr. Pfeiffer received his JD in 1999 from Hofstra University School of Law and received his BA from the State University of New York at Albany in 1996. He is admitted to the bar in New York and to practice before the United States District Court for the Southern District of New York.

Tiffany Pollard, an attorney in the New York Corporate Department, focuses her practice on private equity transactions and mergers and acquisitions representing both private equity firms and public and private corporations. In addition, she regularly advises clients on issues of corporate governance and securities law compliance. She joined the Firm in 2000. Ms. Pollard received her JD from Michigan Law School in 1998 and her BA from the University of California at Berkeley in 1991. She is admitted to the bar in New York.

Damian P. Ridealgh, an attorney in the Corporate Department, focuses his practice primarily on the representation of financial institutions as borrowers and issuers in leveraged finance transactions, with a particular focus on acquisition financings. Prior to joining the Firm in 2004, Mr. Ridealgh worked as a banking associate at Ashurst, primarily in their London office, with secondments to Deutsche Bank, London and Ashurst's Brussels offices. Mr. Ridealgh received his JD equivalent in 1999 from the College of Law London and his LLM in 1997 from University College, London. He is admitted to the bar in England and Wales and is applying for admission to the bar in New York.

Joshua Wechsler, an attorney in the Hong Kong and New York Corporate Department, concentrates his practice in corporate finance and the U.S. securities laws representing both issuers and underwriters in a variety of debt and equity financing transactions, including initial public offerings, private placements, high-yield debt offerings and cross-border financings. He has also acted for a number of issuers in connection with corporate governance matters and reporting under the U.S. securities laws. Prior to joining Fried Frank, he served as a staff attorney in the United States Securities and Exchange Commission’s Division of Corporation Finance. Mr. Wechsler joined the Firm in 1998 and became special counsel in 2004. Recently Mr. Wechsler helped launch the Firm’s Asian capital markets practice with the opening of the Firm’s Hong Kong office in 2007. He received his JD from St. Thomas University School of Law in 1993 and his LLM in from the Georgetown University Law Center in 1994. He received his BA from the University of Florida in 1990. Mr. Wechsler is admitted to the bar in New York and Florida.

Eli Weiss, an attorney in the New York Tax Department, focuses his practice primarily on the representation of domestic and international clients in numerous transactions, including acquisitions and divestitures, public and private financings, joint ventures and the design and implementation of workout and reorganization plans. He joined the Firm in 1999. Mr. Weiss received his JD, magna cum laude, in 1999 from the Georgetown University Law Center, where he was elected to the Order of the Coif. He received his BA in 1990 and MA in 1992 from Beth Medrash Govoha. Mr. Weiss is admitted to the bar in New York.

08-06-2007

DLA Piper advises shareholders of Vesko insurance company
DLA Piper has advised the shareholders of Vesko Insurance Company ("Vesko"), Ukraine's sixth largest property and casualty insurer, on their sale of 99% of the company's capital to French insurance company AXA SA and UkrSibbank, a subsidiary of BNP Paribas. The sale is subject to approval by regulatory authorities. The financial aspects of the deal were not disclosed.

The combination of Vesko and Ukrainian Insurance Alliance, a joint-venture of AXA and UkrSibbank, will give AXA and BNP Paribas the third place on the Ukrainian insurance market, with an aproximate marketshare of 7%.

The DLA Piper team advising Vesko's shareholders was lead by Finance and Projects partner Oleksandr Kurdydyk. The team also comprised Corporate partner Fabrice Rué and associate Adrien Debré (both in Paris) and Finance and Projects associate Illya Muchnyk (Kyiv).

08-06-2007

Khoa Do and Micheal Reagan join DLA Piper Corporate and Securities Practice in Silicon Valley
DLA Piper US LLP has announced that Khoa D. Do and Micheal J. Reagan have joined the firm’s Corporate and Securities practice group as partners in the firm’s Silicon Valley office. The attorneys, both alumni of Wilson Sonsini, come to DLA Piper from Greenberg Traurig, where Khoa Do was the chair of the firm’s Silicon Valley Corporate and Securities practice.

The addition of Do and Reagan reflects the firm’s commitment to the continued expansion of the Corporate and Securities practice in Silicon Valley. As an integral part of that commitment, a key focus of DLA Piper’s Palo Alto office in 2007 has been securing targeted growth in venture capital, private equity and M&A.

Since 1999, DLA Piper has represented clients in more than 1,000 venture capital transactions, totaling over $13 billion in value. Last year, the firm had more than 245 angel and venture capital financings, ranking #3 in the world for emerging growth/venture capital financings by deal volume according to VentureSource. The firm also ranked #1 globally in terms of the number of M&A deals last year according to a tally by mergermarket, the mergers and acquisitions intelligence service.

“The arrival of Khoa and Micheal represents a significant addition to an already strong team in the Silicon Valley corporate practice,” said Jay Rains, co-chair of the firm’s Corporate and Securities practice. “Khoa Do and Micheal Reagan are both outstanding, driven attorneys with extremely strong relationships among business and technology thought leaders in Silicon Valley, as well as the broader technology community, particularly in Vietnam and China.”

“Khoa Do and Micheal Reagan are a perfect fit for the firm’s Silicon Valley and global platform,” added Greg Gallo, partner in the firm’s Corporate and Securities practice in Silicon Valley. “They each have a strong international client base that will be well served by the firm’s global business network and cross-border credentials.”

Do's practice concentrates on representing emerging growth and established technology and traditional companies on a wide variety of matters, including corporate formation and governance, venture capital financings, public offerings, mergers and acquisitions and public company reporting. He represents venture capital firms and private equity firms in connection with private securities offerings.

Do also has a developing practice representing Asian companies and entrepreneurs, with a particular interest in Vietnam. He speaks fluent Vietnamese and his clients include Vietnamese state-owned enterprises as well as Vietnamese venture capital funds. Prior to joining Greenberg Traurig as one of the founding partners in their Silicon Valley office, Do practiced with Wilson Sonsini. He received a J.D. from Northwestern University and a B.A., magna cum laude, with highest distinction from the University of Illinois in Urbana-Champaign.

With equally seasoned venture capital and mergers and acquisitions experience, Reagan’s practice focuses on representing emerging growth and established technology companies on a wide variety of matters, including corporate formation and governance, venture capital financings, public offerings, mergers and acquisitions and public company reporting. He represents venture capital firms in connection with private securities offerings.

Prior to joining Greenberg Traurig, Reagan practiced with Wilson Sonsini. He is fluent in Lao and Thai. Reagan received a J.D. from Georgetown University Law Center and a B.S., magna cum laude, from Brigham Young University.

08-06-2007

Dickstein Shapiro LLP Partners with ACLU of Maryland in Pro Bono Case
Three years after taking a courageous stand against excessive police action at their public high school, two young women from Kent County have won what the American Civil Liberties Union of Maryland is calling the most significant settlement of a school search case in Maryland history – including $285,000 in monetary damages and written apologies from both the school system and Sheriff’s Department.

In 2004, Heather Gore and Jessica Bedell were among 18 Kent County High School students subjected to an illegal, unconstitutional, and warrantless, investigative drug sweep during which drug-sniffing dogs were deployed, students’ bags were unlawfully seized and searched, and humiliating bodily searches were performed on students without any reasonable or just cause. The ACLU filed suit on the girls’ behalf in November 2005. The case was brought in partnership with pro bono attorneys from Dickstein, Shapiro LLP.

"When you live in a small town and everyone knows everyone else, it can be hard to stand up for yourself,” said Ms. Gore, who was 15 when she was subjected to an intrusive strip search during the drug sweep. “Hopefully, this experience will help students realize that they can defend their rights, and also see that there are people to support and help vindicate them even in situations where it seems as though you’re taking on the impossible.” Ms. Gore plans to attend college and pursue a degree in History, with the goal of becoming a History teacher.

On April 16, 2004, Kent County High School Principal Gordon Sampson invited the County Sheriff’s Department to conduct a “lockdown” of the school. During this lockdown, officers under the direction of Sheriff John Price IV conducted a warrantless search and seizure of students and student property, without the students’ consent or the consent of their parents. Drug detecting dogs were used to sniff backpacks and other student belongings, and some of the bags were subsequently searched by hand. None of the bag searches turned up any contraband. Nonetheless, Officer Marcellene Beck subjected Ms. Gore to a very intrusive and humiliating strip search. Officer Beck also conducted an aggressive bodily search of Ms. Bedell.

The lawsuit – which was filed in Kent County Circuit Court – contended that the actions of the school and law enforcement officials violated students’ rights under the U.S. Constitution, the Maryland Constitution, and state law, as well as state and local educational rules and regulations governing the conduct of school searches. The school system quickly expressed regret at the scope of the sweep, and no similar searches have occurred since in Kent County schools. But the Sheriff all along has resisted admitting errors and responsibility. Nonetheless, the settlement makes clear that the students were innocent of any wrongdoing.

“I’m very happy with the school’s cooperation and apology, which makes me hopeful that it will not happen again to anyone,” said Ms. Bedell, who was 16 when she was wrongfully searched by a Sheriff’s Deputy during the drug sweep. “I also feel relieved, because it is nice to know that the legal system does work the way it is supposed to and that the issue could be resolved without going to court.” Ms. Bedell now attends Salisbury University, and will graduate in December 2007 with a degree in Political Science. She hopes to go on to attend law school.

“Justice has finally been found -- thanks to Heather and Jessi’s willingness to take a stand on behalf of all students, ” said Deborah A. Jeon, Legal Director for the ACLU of Maryland. “We hope this settlement sends a clear message to school administrators and police officials that while pursuing a safe learning environment for all students, we cannot sacrifice each individual’s right to be treated with dignity and due process.”

The school system has agreed to pay $67,500 to Ms. Gore and $57,500 to Ms. Bedell, and also has issued an official apology that recognizes that neither student had illegal substances, nor had violated any law or regulation, when the wrongful searches took place. The Sheriff’s Department has agreed to pay $160,000, to be shared between the two young women. In addition, the police defendants have agreed to issue a statement of regret. (See below for text of the apologies). Both young women intend to use funds from the settlement toward their higher education expenses.

"It was an honor for Dickstein Shapiro to have represented two such outstanding and courageous young ladies," said Joseph Tydings, special counsel at Dickstein Shapiro and attorney for the young women. "Heather and Jessi persevered through difficult and emotionally draining proceedings, during the course of which they were often forced to endure harsh and hostile questioning. The ladies have now been thoroughly vindicated and because of their courage, daughters and granddaughters not only in Kent County, but throughout Maryland and the United States, should be safe from unconstitutional strip searches in the future."

The case was handled by the Maryland ACLU and pro bono attorneys Joseph D. Tydings, Barry J. Fleishman, Christopher F. Branch, Vivek Chopra, Carolyne A. Sanin, John C. Snodgrass and Christopher L. LaFon, of the Washington, D.C. law firm of Dickstein, Shapiro LLP.

08-06-2007

Clark Hill Attorney Jennifer Buckley to Present Wage and Hour Law Course for Society of American Employers
Clark Hill attorney Jennifer Buckley will present a series of six Wage and Hour Law courses in conjunction with the American Society of Employers (ASE) beginning this fall. The courses are offered through ASE and will be held at their headquarters, located in Southfield.

Buckley is a member of Clark Hill’s Detroit office, where she practices in the Labor and Employment Practice Group. Buckley defends employers in state and federal court actions against sex, race, age, disability discrimination claims, ERISA and FMLA claims, as well as wrongful discharge and related tort claims. She is also experienced in defending actions brought under Michigan's Sales Representative Commissions Act and pursuing and defending claims pertaining to restrictive covenants. She has represented employers in administrative hearings before the Michigan Department of Civil Rights, the Equal Employment Opportunity Commission, the Michigan Employment Security Commission and the Michigan Department of Labor.

Buckley creates and revises employment policies including employee manuals, applications, sexual and other unlawful harassment policies, drug testing and FMLA/absenteeism policies. She has lectured in the area of employment law at seminars and for companies on such topics as terminating employees, wrongful discharge, employment policies, sexual harassment, compliance with disability laws, FMLA, and other state and federal legislation in the employment and labor law arena.

She has advised employers regarding issues related to wage and hour compliance, EEO compliance, reductions in force, plant closings and mass layoffs, and has prepared necessary WARN Act notices and severance packages. Ms. Buckley has lectured for the Institute of Continuing Legal Education and the Workers' Compensation Section of the Bar on the Americans with Disabilities Act. She has represented employers in labor and employment arbitrations and before the National Labor Relations Board. Moreover, she is the author of several articles on the Americans with Disabilities Act (ADA) which were published in TRIAD, the official Journal of the Michigan Association of Osteopathic Physicians and Surgeons, Inc. (Vol. 3 Nos. 7 and 8 and Vol. 4, No. 1), and has written and co authored other published articles on the ADA.

Buckley has represented employers in a number of different industries, including manufacturing employers, those in the service industry, staffing and leasing employers, to name a few. She has also represented a considerable number of non-profit organizations and has had the opportunity to address the unique employment issues pertaining to them.

Buckley earned her B.A. from the University of Michigan, and her J.D. from the Detroit College of Law.

08-06-2007

Bullivant shareholder appointed to Board of the Beta Theta Pi Foundation
Bullivant Houser Bailey PC, a leading West Coast law firm, is pleased to announce that named shareholder Douglas G. Houser has been appointed to the Board of Directors of the Beta Theta Pi Foundation. Houser attended Willamette University where he was a member of the Beta Theta Pi fraternity, graduating in 1957.

As a Board member, Houser is responsible for planning investment and spending strategies, fund raising, donor cultivation, and provision of educational grants for Beta Theta Pi chapter housing.

Houser is a trial attorney in the Portland office of Bullivant Houser Bailey focusing his practice on insurance coverage disputes. A law school graduate of the Stanford University School of Law, he is admitted to practice law in Oregon, the U.S. Supreme Court and the U.S. Court of International Trade.

08-06-2007

Firm Successfully Defends Eight-Figure Claims Against Vertis in Oregon Jury Trial
For several years, Blackwell Sanders has handled all U.S. litigation matters for Vertis, Inc., a Baltimore-based print advertising company. Vertis’ representation is led by partner Bill Corum; those assisting with this matter were associate David Meyers (who assisted at trial), partner Julianne Popper-Story, associates Megan Palmer and Aaron Mann, and paralegal Donna Gonzales (also assisting at trial).

Recently, Vertis and one of its newly-hired employees were sued in Portland, Oregon. The plaintiff, Ivey Imaging, LLC, (represented by KL Gates) was a Seattle-based competitor of Vertis. Ivey claimed that the employee was improperly competing with Ivey in violation of a restrictive covenant in her employment agreement with Ivey (her immediate former employer). Ivey asserted claims for breach of contract, tortious interference, unfair competition, trade secret theft, and defamation against Vertis’ new employee, and later added trade secret, and two tortious interference claims against Vertis as a separate defendant. Additionally, Ivey sought and was granted leave to assert claims for punitive damages against both Vertis and the employee. Finally, Ivey also sought an injunction prohibiting the employee from working with many thousands of customers Ivey claimed the right to protect (including Nike).

Before trial in mid June, partner Bill Corum convinced opposing counsel (on the eve of a hearing on motions filed by Blackwell Sanders) that the injunction should not apply to thousands of customers as claimed by Ivey—but rather five. Only Nike could not be agreed upon, so that issue was presented to the court where Ivey continued to argue for application of the injunction to Nike. Ultimately, the court specifically rejected Ivey’s efforts to apply the injunction to Nike in any way.

Also before trial in mid June, Corum and his team convinced the court that both Ivey’s defamation and unfair competition claims were factually and/or legally baseless and should be dismissed as a matter of law. Subsequently, during trial later that month, Corum and his team persuaded the court to eliminate both of the trade secret theft claims against Vertis and the employee; in dismissing these claims the court found that there was no evidence supporting such claims. Finally, only the three tortious interference and one breach of contract claims were submitted to the jury on June 27, 2007. During closing argument, Ivey’s lawyers asked the jury for $17.5M.

After 10 hours of deliberation, the jury rejected all three of Ivey’s tortious interference claims in their entirety (resulting in a complete defense verdict for Vertis), and allowed Ivey merely $200,000 on its breach of contract claim (about 1% of what Ivey had requested).

08-06-2007

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