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Fulbright Partner Nominated to Austin Business Journal’s "Profiles in Power"
Fulbright partner Jane Smith has been selected to the list of 47 nominees for Austin Business Journal’s Profiles in Power.
Fulbright attorney Jane Snoddy Smith

The annual list highlights Central Texas’ most accomplished businesswomen whose achievements have made them role models for upcoming generations of women.

From the list of nominees, a panel of judges select five finalists for the 2007 awards. The judges follow a five-point grading system that evaluates each nominee by career advancement, company success, business leadership and community development.

Smith’s practice focuses on transactional law with a concentration in commercial real estate. She has experience representing banking institutions, real estate investment trusts, national insurance companies, pension fund advisors, national real estate developers and department store retailers.

Smith is committed to causes which work to improve the health of children and serves on the Board of Directors of Fight SMA – a foundation created in 1991 to support medical research for spinal muscular atrophy ("SMA"), the number-one inherited cause of infant death. Fight SMA has funded researchers at academic institutions and biotech corporations in the United States, the United Kingdom, France, Italy, and Canada. The success of Fight SMA's work has been recognized by the White House, Congress, and the National Institute of Health and news coverage from NBC’s Today Show, the Associated Press, USAToday, CNN and Parents Magazine.

08-03-2007

Carlton Fields Ranks in The Vault Guide to the Top 100 Law Firms
Carlton Fields is featured in The Vault Guide to the Top 100 Law Firms (2008 edition) as one of the best law firms in which to work. Specifically, Carlton Fields ranked nationally as follows in the guide's "Quality of Life" categories:
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5th in Informal Training/Mentoring
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8th in Pro Bono
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10th in Associate/Partner Relations
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13th in Overall Satisfaction
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18th in Best Law Firms to Work For

The Firm also ranked nationally in the following "Diversity" categories:
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1st in Diversity Issues with Respect to Women
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2nd in Diversity Issues with Respect to Minorities
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3rd in Best Law Firms for Diversity

The Vault Guide is based on surveys conducted earlier this year of more than 18,800 associates at over 167 top law firms. The guide includes profiles of the nation's top law firms as well as rankings of the top law firms in terms of prestige, quality of life, and diversity.

In addition, Carlton Fields also ranked 18th nationally in the 2007 American Lawyer Satisfaction Survey of Mid-Level Associates -- up nine spots from 27th place in last year's survey. The American Lawyer magazine rankings are based on surveys in April and May of mid-level associates in 189 of the country's top firms.

08-03-2007

Jones Day Obtains Groundbreaking Labor Settlement To Pave the Way for Dana Corporation's Successful Emergence from Bankruptcy
Jones Day successfully represented Dana Corporation in obtaining a series of settlements to eliminate $1.447 billion of accumulated liability for health and life insurance benefits for retirees from its unionized and nonunion workforces, and to modify its collective bargaining agreements with active employees. The labor cost savings resulting from these settlements will enable Dana to compete successfully in the troubled auto industry upon emergence from bankruptcy.

In January of 2007, Jones Day initiated motions for relief on behalf of Dana under Sections 1113 and 1114 of the Bankruptcy Code while simultaneously attempting to negotiate a settlement of outstanding issues. Shortly thereafter, Dana settled the portion of the matter that dealt with nonunion retirees, and one union, the IAM. After a trial regarding the remaining unions, the court suggested additional settlement discussions. On July 5, 2007, after months of negotiations with the unions and their representatives, Dana reached a tentative settlement with the UAW and the USW. The settlement provided, among other things, for elimination of the Company's retiree benefit obligations. Together with the earlier settlement with Dana's nonunion Retirees and the IAM, settlements resulted in the elimination of almost $1.5 billion in accumulated post-retirement benefit obligations, and the creation and funding of Voluntary Employee Benefit Association (VEBA) trusts to provide non-pension retiree benefits, a freezing of the current defined benefit pension plans and contributions to a defined-contribution plan, institution of consumer-driven healthcare programs for active unionized employees with sharing of medical inflation costs, a competitive two-tier wage structure, elimination of liability for long-term disability benefits, elimination of cost of living increases, buy-outs of high-wage employees, cost-saving changes to work rules, and agreement on plant closings, work movement and other manufacturing footprint changes. As part of the settlements, Centerbridge, LP will provide financing for Dana's VEBA contribution and, in return, will receive a portion of Dana's post-emergence equity.

On July 6, 2007, Dana filed a motion pursuant to Section 9019 of the Bankruptcy Code requesting court approval of its labor settlement with the UAW and USW and its capitalization agreement with Centerbridge (collectively the "Global Settlement"). Several creditors filed objections to this motion; however, all but two of these objections were withdrawn as a result of successful negotiations with Dana's main creditor constituents. On July 26, 2007 Judge Burton Lifland approved the Global Settlement, after hearing testimony from Dana CEO Michael J. Burns. In his decision, Judge Lifland described the Global Settlement as "groundbreaking" and "paving the way" for Dana's reorganization. With the labor and legacy cost savings associated with the global settlement, as Judge Lifland noted, Dana is well positioned to emerge from bankruptcy and successfully compete in the competitive auto industry.

08-03-2007

Jones Day Wins Asylum Appeal for African Student
Jones Day won an appeal for a Cameroonian pro bono client, Mireille Tchemkou, before the U.S. Court of Appeals for the Seventh Circuit. Ms. Tchemkou successfully challenged rulings by both an Immigration Judge and the Board of Immigration Appeals holding that her persecution by governmental authorities in her West African homeland, based on her student activism, did not warrant asylum.

Ms. Tchemkou, a member of the ethnic minority Bamileke tribe, was abducted, imprisoned, beaten and/or tortured on several occasions in retaliation for her protests against her government's discriminatory treatment of Bamileke tribe members. The beatings were serious enough that Tchemkou was hospitalized for 24 days and was permanently disfigured. Nonetheless, an Immigration Judge in Chicago found that Tchemkou, while credible, had not established past persecution because the incidents were temporally separated from one another and not sufficiently serious. The Immigration Judge also held that she hadn't shown a reasonable fear of future persecution, despite police summonses for her arrest on record following her flight from Cameroon, and a letter from her uncle -- an officer with an opposition political party in Cameroon -- warning her not to come back for fear she would be killed. The Board of Immigration Appeals affirmed.

The Seventh Circuit panel's questions to the government at oral argument led us to be optimistic. They were generally incredulous that the mistreatment Tchemkou suffered would not be deemed "persecution"; associate Brian Murray (a member of the Firm's Issues & Appeals Section), who argued the case, rebutted every government argument to the contrary. The opinion confirmed that the "atrocities suffered by Ms. Tchemkou," including being "detained under terrible conditions," "deprived of food, water and sanitation facilities" and "forced to clean human waste off the floor of a crowded cell in which she was the only woman," was persecution against her on account of her political opinion. The Court ruled that the record was more than sufficient to meet the eligibility requirements for asylum, withholding of removal, and relief under the Convention Against Torture.

08-03-2007

Jones Day Antitrust Team Wins Jury Verdict for Allied Waste Industries
Jones Day obtained a complete defense verdict for Allied Waste Industries in a case captioned National Recycling, Inc., v. Waste Management, Inc., et al., No. 03-12174-NMG (D. Mass.), during a three-week antitrust trial in Boston. The 12 jurors unanimously found that Allied Waste and its codefendant did not violate the Sherman Act or related state laws.

Plaintiff had alleged that Allied Waste, one of the two largest waste handling companies in the country, had conspired with the largest waste disposal operator in Massachusetts to drive independent haulers from the market through a series of horizontal and vertical arrangements. Jones Day lawyers were able to present an effective combination of defense witnesses, third-party haulers, expert testimony, and documentary evidence to demonstrate that the horizontal allegations were false and that the vertical arrangements, including most favored nations provisions, were not anticompetitive under a rule of reason analysis.

The Jones Day trial team was led by John Majoras (Washington) with Brian Grube (Cleveland) and paralegal Mary-Margaret Buchanan. They were assisted by a multi-office team of lawyers and paralegals from the Firm's Antitrust & Competition Law and Trial practices: Tom Demitrack and paralegal Heidi Cofsky (Cleveland); Michael Kolis, John Bradley, and Ethan Don (Washington); and Trammell Newton and Rob Schmoll (Atlanta).

08-03-2007

Mighell Speaks on Metadata to Construction Law Group
Tom Mighell presented "Metadata: What is It? (And Why Should I Care?)" to the Construction Law Section of the Dallas Bar Association.

08-02-2007

French Insurance Group in €1.25 Billion Italian Insurance Company Acquisition
Cleary Gottlieb represented Groupama SA in its acquisition from the Generali insurance group of Nuova Tirrena S.p.A., an Italian company active in the non-life and life insurance sector, for €1.25 billion. The agreement, designed to overcome certain unique antitrust challenges, was signed on August 2. The deal is expected to close in the fourth quarter of 2007, subject to antitrust and regulatory approvals.

Groupama is the third largest French composite insurance group, with more than 8 million clients and total premiums of €13.8 billion in 2006. Groupama offers insurance-related services and banking activities for both personal and corporate lines and operates in all insurance sectors: life; health; property; and casualty.

Nuova Tirrena is an Italian company active mainly in the non-life insurance sector, with a strong presence in the central and southern regions of the country.

08-02-2007

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