Law Firm News

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Law Firm News

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Thacher Proffitt & Wood LLP

Thacher Proffitt Announces Six New Partners
The Lawyer mentioned in their "People" section the promotions of six attorneys to partner: Patrick Boyle, Christian Chandler, Christopher Lewis, Peter Morgan, Robert Olin and Scott Swerdloff.

07-17-2006

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Sutherland Asbill & Brennan LLP

Sutherland Secures Rights for the Deaf in Landmark Civil Rights Consent Decree
Sutherland Asbill & Brennan LLP today announced a landmark Consent Decree securing the rights of the deaf and hearing impaired by resolving a civil rights discrimination lawsuit under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1978.

Sutherland, together with the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, originally filed an ADA/civil rights lawsuit against Dimensions Health Care d/b/a Laurel Regional Hospital (MD) on January 11, 2005, on behalf of seven deaf individuals who sought treatment at Laurel Hospital in Laurel, Md. Despite their specific and repeated requests for in-person qualified sign language interpreters, the complaint alleges that the plaintiffs were forced to communicate through cryptic notes, lip-reading and inadequate video interpreting services (VIS), or were provided with no communication at all during critical medical situations. The complaint alleges further that the plaintiffs were unable to provide informed consent to treatment, were denied the opportunity to participate in their treatment, and were denied the full benefit of the health care services provided by the Hospital, in violation of their civil rights and the ADA.

The allegations of inadequate VIS are of particular importance. These services provide means of utilizing a remote interpreter through videoconferencing technology. Although VIS are effective in some situations, the services must be monitored in hospital settings to ensure they provide effective communication and are not used with patients whose disabilities may prevent them from being able to see the video screen or camera.

The Consent Decree, filed on July 14, 2006 with the U.S. District Court for the District of Maryland, is the first ADA case resolution to include criteria for VIS. The Decree requires several improvements to the Hospital’s facilities, equipment, policies and procedures. The Hospital will incorporate these changes, including communication assessments upon arrival, appropriate use of auxiliary aids and services, providing access to video interpreting services, presence of hearing aid compatible telephones and closed captioned televisions, visible notices of the rights of hearing impaired patients, and mandatory staff training to ensure compliance. Approval of the Consent Decree is expected shortly.

“We applaud Laurel Hospital for its efforts to adhere to these necessary improvements,” said Lewis S. Wiener, a litigation partner with Sutherland, who represented the plaintiffs pro bono. “The agreements reached in this Decree will undoubtedly continue to benefit the members of the hearing impaired community and sets the standard for other hospitals serving the needs of the deaf and hearing impaired.”

“The seven plaintiffs in this case are courageous whose principle motivation in bringing this matter was to make sure that what happened to them never happens again to any deaf person in need to emergency medical attention,” said Thomas R. Bundy, III, a litigation associate with Sutherland who devoted substantial time to the case.

In addition to Mr. Wiener and Mr. Bundy Sutherland Associates Carter L. Williams and Rachana Desai were involved in the matter. Messrs. Wiener and Bundy are available to comment on the case.

Sutherland Asbill & Brennan LLP is a national law firm known for solving challenging business problems and resolving unique legal issues for many of the nation’s largest companies. Founded in 1924, the firm has grown to more than 425 lawyers with offices in Atlanta, Austin, Houston, New York, Tallahassee and Washington. For further information about the firm, please visit www.sablaw.com.

07-17-2006

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Stinson, Morrison & Hecker, L.L.P.

Firm Welcomes Eight New Attorneys to KC Office
Eight new attorneys recently joined the Kansas City office of Stinson Morrison Hecker LLP.

Matthew T. Bell joined as a staff attorney in the Real Estate Division. His experience includes drafting and negotiating real estate lease contracts and zoning requirements. Bell earned his juris doctorate from the University of Kansas in 2003 and a bachelor’s degree in psychology from Kansas State University in 2000.

B. Scott Gootee joined as an associate in the Corporate Finance Division, where his practice focuses on representing publicly- and privately-held companies with respect to mergers, acquisitions and divestitures. He also counsels publicly-held companies with periodic reporting and securities law compliance. Gootee joined the firm from Shook, Hardy & Bacon L.L.P. He earned his juris doctorate from the University of Kansas in 2005 and a bachelor’s degree from the school in 2002.

Russell J. Keller joined as an associate in the Business Litigation Division. Prior to joining the firm, Keller was a senior litigation associate in the Chicago office of Sidley Austin Brown & Wood LLP. He previously served as a judicial law clerk for the Honorable John F. Grady on the United States District Court for the Northern District of Illinois and the Honorable Mary Beck Briscoe on the United States Court of Appeals for the Tenth Circuit. Keller earned multiple degrees from Northwestern University, including his juris doctorate in 1996, a master’s degree in communication studies in 1993 and a bachelor’s degree in 1992.

Sarah L. King joined as an associate in the Tax, Trusts & Estates Division, bringing considerable experience in creating and administering various estate and tax planning instruments and entities. Prior to joining the firm, King was an associate in the wealth management department in the Chicago office of Mayer, Brown, Rowe & Maw LLP. She earned her juris doctorate from Yale University in 2002 and a bachelor’s degree from Creighton University in 1997.

Christopher J. Leopold joined as staff attorney in the Employment & Labor Law/Employee Benefits Division. He has considerable experience with federal and state harassment and discrimination laws, the Family and Medical Leave Act, and state wage and hour laws. He previously practiced with the firm from 1999 to 2004. Before rejoining the firm, Leopold worked as an attorney in Seattle, Wa. He earned his juris doctorate from Northwestern University in 1999 and a bachelor’s degree from the University of Kansas in 1996.

Deborah H. Oliver joined as an associate in the Business Litigation Division and has extensive experience in complex litigation matters, including class action, antitrust and employment litigation matters. Prior to joining the firm, Oliver was in private practice in Orlando, Fla. She earned her juris doctorate degree from the University of Missouri-Kansas City in 1999 and a bachelor’s degree from Kansas State University in 1995. After law school, Oliver served as a judicial law clerk for the Honorable Floyd R. Gibson in the U.S. Court of Appeals for the Eighth Circuit.

Frank P. Sebree joined the firm as an associate in the General Business Division. Sebree has significant experience representing companies in real estate, and general corporate and transactional matters. Previously, he was an associate in the real estate section of Shook, Hardy & Bacon L.L.P. He earned a LL.M degree from the Universite D’Aix-Marseille in 2002, his juris doctorate from George Washington University in 1998 and a bachelor’s degree from Middlebury College in 1993.

John R. Walter joined as an associate in the General Business Division and focuses on general business matters, mergers and acquisitions, and privately-held businesses. He also has significant experience in the areas of health care, real estate and tax law. Prior to joining the firm, he was an associate with Seigfreid, Bingham, Levy, Selzer & Gee, P.C. in Kansas City. Walter earned his juris doctorate from the University of Kansas in 2002 and a bachelor’s degree from Colorado State University in 1999.

Stinson Morrison Hecker LLP is one of the country’s largest law firms with more than 335 attorneys representing clients nationwide in a full range of corporate, transaction and litigation matters. With attorneys in eight offices throughout five states, the firm has experience in more than 45 industry-focused areas. Office locations include Kansas City, St. Louis and Jefferson City, Mo.; Overland Park and Wichita, Kan.; Phoenix, Ariz.; Omaha, Neb.; and Washington, D.C.

07-17-2006

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Simpson, Thacher & Bartlett, LLP

Thirteen Simpson Thacher Partners Listed Among World's Leading M&A Lawyers
Euromoney Legal Media Group has named thirteen Simpson Thacher partners in its Guide to the World's Leading M&A Lawyers. Casey Cogut received more nominations than any other lawyer in America. Additional Simpson Thacher partners named in the Guide are Dick Beattie, Rich Capelouto, Todd Crider, Bill Curbow, Bill Dougherty, John Finley, Gary Horowitz, Lee Meyerson, Pete Ruegger, David Sneider, David Sorkin and Rob Spatt.

07-17-2006

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Shearman & Sterling LLP

Sunstone Credit Facility
Shearman & Sterling represented Citicorp North America, Inc., as administrative agent, and Citigroup Global Markets Inc., as joint lead arranger and joint book running manager, in their consummation and syndication of a $200 million senior unsecured revolving credit facility for Sunstone Hotel Partnership, LLC. Sunstone Hotel Partnership is the operating partnership of parent company Sunstone Hotel Investors, Inc., a real estate investment trust. Sunstone is based in San Clemente, California and owns more than 60 hotels in 19 states.

Attorneys include partner Malcolm Montgomery (NY-PR), associates Paul Balaam (LN-PR), Thomas Hornbaker (NY-PR) and J.D. Siegel (NY-PR) and summer associate Frank Lively (NY).

07-17-2006

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Reed Smith

Tom Fox Named Among Outstanding Healthcare Fraud and Compliance Lawyers
Tom Fox, a partner in the Washington, D.C. office of Reed Smith LLP, was named one of the “Outstanding Fraud and Compliance Lawyers” in the United States by Nightingale’s Healthcare News. Fox is among an elite group of just 12 chosen to receive this honor nation-wide.

Fox was named to the list for his service as lead regulatory counsel for HealthSouth in negotiating the global civil false claims settlement with the Department of Justice, and the Office of Inspector General of the Department of Health and Human Services to settle numerous alleged false claims and qui tam lawsuits, as well as an administrative settlement with the Centers for Medicare and Medicaid Services on open cost reports.

“Tom is a sort of dean of the health care regulatory lawyers,” said Gregory B. Jordan, firm wide Managing Partner of Reed Smith. “This award is a testament to his dedication to his clients and the health care industry and to one of the premier health care law practices in the country.”

Mr. Fox has extensive experience in litigation and counseling clients on business relationships, corporate restructuring, bankruptcy reorganizations and government investigations. He has personally handled or supervised the presentation of numerous health law-related cases before the United States Supreme Court, various Circuit Courts of Appeal, District Courts, the Court of Claims, various state courts, and federal and state administrative agencies.

“I am honored to be named alongside such a select group of health care lawyers,” said Fox. “I have dedicated over 30 years of my career to achieving success for my health care clients and I will continue to provide them with the highest level of client service. It is always nice to be recognized for doing something you are passionate about.

07-17-2006

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Morgan Lewis & Bockius LLP

Hederman Urges Gas Lawyers to "Avoid Surprises"
William F. Hederman, Executive Director of Morgan Lewis Energy Resources Group, warned gas industry lawyers to not be lulled into a lack of attention to compliance issues by the lack of FERC enforcement news. He noted that a common characteristic in energy market manipulation cases has been surprise on the part of upper management at what some traders had been up to.

Hederman was addressing the American Gas Association Legal Forum in Seattle, Washington. The AGA Legal Forum is the annual gathering of the gas industry's leading lawyers.

Hederman noted that not only is effective compliance essential to any gas company, recent developments have made it ""crystal clear"" that ""enforcement is now personal"" and that federal authorities view management as important potential targets. If an individual trader has succeeded in performing illegal transactions, that trader's management is highly likely to be viewed as responsible for not having established the culture of compliance and control systems to prevent such transactions. He noted that multiple enforcement actions were an important dimension of energy market issues today, including other federal enforcers/prosecutors (such as the Commodity Futures Trading Commission (CFTC) and Department of Justice) and prudency reviews by state public utility commissions. Shareholder derivative suits can also follow from one set of allegations.

Hederman observed that a common set of features for recent energy market manipulation incidents included:

individual trader initiative,
individual trader rationalization of problem behavior or violations,
incriminating or inappropriate communications, and
upper management surprise.

He also warned that there were some gas-specific rules that were not getting the attention they deserve because ""everyone was doing it."" He said that given the well-articulated priorities of FERC today, anyone relying on such a defense was ill-advised.

Attachment:
Presentation Slides

07-17-2006

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