Law Firm News

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Law Firm News

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Chernesky, Heyman & Kress, P.L.L.

Chernesky Appointed to Sinclair Community College Board of Trustees
Richard J. Chernesky of Waynesville has been appointed by Governor Taft to the Sinclair Community College Board of Trustees. Chernesky is Managing Partner at the law firm of Chernesky, Heyman & Kress P.L.L.

""Adult learners are pursuing higher education through an array of options,"" says Chernesky, ""and Sinclair remains competitive with those offered by high-quality institutions throughout the country."" He continues, ""I am eager to participate in Sinclair's growth throughout Warren County as our residents gravitate toward the affordable and high quality education available at Sinclair Community College.

07-21-2006

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Ruskin, Moscou & Faltischek, PC

Ruskin Moscou Faltischek Adds New Associate To Its Ranks
Ruskin Moscou Faltischek, P.C. announced today that attorney Erik H. Rosanes joined the firm as an associate. Rosanes is a member of the firm's Real Estate Department.

Rosanes has an extensive background in real estate law, having represented regional and national institutional lenders as well as individuals in the residential real estate property industry. He also represented several Long Island-based businesses in commercial transactions, commercial litigation, and employee relations.

While attending the University of Maryland School of Law he served as a law clerk for the Maryland Office of Administrative Hearings and as a law clerk for a prominent mid-sized law firm in Baltimore.
Mr. Rosanes is a member of the Suffolk County Bar Association, the Chaminade High School Alumni Association, the Chaminade Alumni Lawyer's Association and the Ancient Order of Hibernians.

""We are very pleased to welcome an attorney with Erik's valuable background to our team,"" noted Eric Rubenstein, Partner and Co-Chair of the firm's Real Estate Department. ""His talent and exceptional capabilities and experience will benefit our clients well and are representative of the superior service for which Ruskin Moscou Faltischek is known.

07-20-2006

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Kasowitz, Benson, Torres & Friedman, LLP

KBT&F Commences Lawsuit On Behalf Of Rectrix Aerodrome Centers
KBT&F initiated a lawsuit in the United States District Court of Massachusetts on behalf of Rectrix Aerodrome Centers, Inc., an aviation services provider and operator, which alleges that public officials at the Barnstable Municipal Airport illegally diverted airport revenue to the Town of Barnstable in violation of Federal Aviation Administration regulations. The complaint also charges that two Airport commissioners, two top Airport executives and the Airport's attorney engaged in a pattern of racketeering activity in violation of the Racketeer Influenced and Corruption Organizations Act (RICO). KBT&F partners Marc Kasowitz and Daniel Fetterman are counsel for Rectrix.

07-20-2006

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Kasowitz, Benson, Torres & Friedman, LLP

KBT&F Wins Preliminary Injunction In Somoza Lawsuit
Federal District Judge Richard Holwell granted KBT&F's motion for a preliminary injunction, allowing for Alba Somoza to continue to receive special services from the New York City Department of Education during the pendency of her lawsuit. Ms. Somoza, is twenty-two years old, has cerebral palsy and is unable to speak. KBT&F partner David Abrams serves as counsel for this pro bono case.

07-20-2006

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Bernstein Litowitz Berger & Grossmann LLP

BLB&G Partner Jerry Silk Featured in New York Law Journal Article re Options Backdating Scandals
The New York Law Journal ("NYLJ") featured BLB&G Partner Jerry Silk discussing the role of institutional investors regarding stock options backdating, the latest of a wave of corporate scandals to come to light.

In the article, “'Biggest Thing Going',” Mr. Silk makes clear that institutional investors, unlike individual investors, have more of the power and resources necessary to lead a successful fight against corporate misconduct, allowing them to be “diligently involved in a case, instead of being a ‘nominal plaintiff’.” According to Mr. Silk, “Institutional investors have the fiduciary experience, sophistication and independence to make demands from defendants that have real teeth.”

Mr. Silk is one of the partners at the firm responsible for advising institutional shareholder clients on legal matters arising out of the options backdating scandal. Among other matters, he is currently representing several institutional investors in the options backdating case, In re UnitedHealth Group, Inc. Shareholder Derivative Litigation, pending in the District of Minnesota and has appeared frequently in the news as a commentator on option backdating issues.

07-20-2006

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Baron & Budd, P.C.

Baron & Budd, P.C. Attorney Ellen Presby to Speak At University of Houston Law Foundation Program
Baron & Budd, P.C. attorney Ellen Presby will speak on the topic of “Sanctions for Discovery Abuse: When and How to Invoke the Court’s Power” at the Advanced Evidence and Discovery Course held today and tomorrow in Houston and July 27 - 28 in Dallas. Baron & Budd attorney Kevin McHargue and Presby are co-authors of the paper that Presby will present. The program is sponsored by the University of Houston Law Foundation.

Presby, a shareholder with Baron & Budd, serves as lead counsel in complex toxic tort and pharmaceutical cases. McHargue, also a shareholder with the firm, manages Baron & Budd’s appellate section.

07-20-2006

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Allen & Overy LLP

United Arab Emirates ratifies the New York Convention
The United Arab Emirates has now ratified the New York Convention on the Recognition and Enforcement of Arbitral Awards 1958 (the ""New York Convention"").
The New York Convention provides a well-established international regime for the reciprocal enforcement of arbitral awards among signatory countries. Some 138 countries and territories now follow this system.

The UAE and in particular Dubai is currently attracting significant foreign investment as part of its strategy to move away from an oil-based economy and to establish itself as the commercial centre of the Gulf region. A key part of this strategy is attracting inward private investment.

The proliferation of international trade, foreign investment and significant construction activity in the UAE may lead to more disputes which need to be resolved concerning UAE entities or assets.

Except for some specific bilateral treaties, most notably between France and the UAE and enforcement treaties among the Gulf Cooperation Council countries, there were no international rules governing the enforcement of foreign arbitral awards in the UAE other than local law procedure, with such procedure being the same as that applicable to the enforcement of foreign judgments generally.

As a matter of practice, foreign arbitral awards were not enforced in the UAE unless there was a reciprocal treaty between the UAE and the seat of a particular arbitration. This was of significant concern to those doing international business with UAE entities or inward investment into the UAE. Given that there is also very limited recognition in the UAE of foreign court judgments, foreign parties were often left with no option but to arbitrate in Dubai.

Of course it still remains to be seen whether in practice the UAE legal system upholds international awards under the New York Convention, but this is otherwise a significant step forward for parties doing business in the UAE or with UAE entities, and should open the way for disputes to be settled in a neutral overseas venue.

What it means for you:

Awards made in another Convention State will be enforced in the UAE
Parties can select arbitration in another Convention State when dealing with UAE counterparties
Obviously if you would like any further information or have any questions on these issues, or on enforcement of arbitration awards generally, please do not hesitate to contact Simon Roderick, Andrew Jeffries, or James Kwan.

07-20-2006

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