Law Firm News

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Law Firm News

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Phelps Dunbar LLP

Phelps Dunbar Partner Elected 2007-2008 Chair of Louisiana State Bar Association's Young Lawyers Section
Phelps Dunbar LLP is pleased to announce that Karleen J. Green, a partner in the employment law group in the Baton Rouge office, has been elected as the 2007-2008 Chair of the Louisiana State Bar Association Young Lawyers Section. Ms. Green is the first African American to hold this position. Council members are elected by mail ballot and Internet voting of the members of the Louisiana State Bar Association Young Lawyers Section from their respective districts by majority vote. Ms. Green was installed as Chair during the annual Young Lawyers Section Awards Reception, which was held in conjunction with the Louisiana State Bar Association's Annual Meeting, on Thursday, June 7, 2007 from 6:00 p.m. - 8:00 p.m. at the Baytowne Convention Center of the Sandestin Golf and Beach Resort in Sandestin, Florida.

Ms. Green's practice consists of employment and employee benefits matters, litigation and consultation regarding all aspects of employment law and ERISA. She handles issues related to plan qualification under the Internal Revenue Code, ERISA compliance, HIPAA compliance, and plan administration. She also drafts employee pension and welfare benefit plans and various plan documents such as summary plan descriptions, plan amendments, and plan merger agreements and reviews prototype plan documents. She handles ERISA litigation involving issues of breach of fiduciary duty and wrongful denial of benefits. In addition to her experience in the benefits area, Ms. Green handles various types of employment litigation and provides advice to clients on issues related to Title VII, the ADA, the ADEA, the FMLA, the FLSA, and related matters. She frequently conducts training sessions on benefits and employment laws.

In addition to the Louisiana State Bar Association, Ms. Green is a member of the Federal Bar Association (Labor and Employment Law Section, Chair of the Special Committee on Employee Benefits), American Bar Association (Taxation and Labor and Employment Law Sections and Employee Benefits Committee), and Baton Rouge Bar Association (Holiday Star Committee).

07-31-2007

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Nixon Peabody LLP

Nixon Peabody LLP Expands Its Energy Practice; New Partners Strengthen Practice in New York State and Nationwide
Jean H. McCreary, partner and leader of the national Energy and Environmental practice group at Nixon Peabody, said, “We are thrilled to welcome Pete and Matt to Nixon Peabody. Their arrival will allow our firm to better compete for new energy project work and will provide greater depth to Nixon Peabody’s already strong energy facility development practice at a time when energy clients are investing in the modernization of our electric generating and electric and gas transmission infrastructure regionally and nationally.�

Scott M. Turner, managing partner of Nixon Peabody’s Rochester office, added, “Attracting such experienced, highly regarded and innovative lawyers as Pete and Matt is a key piece of the Rochester office’s growth strategy. They bring exciting new opportunities for the Rochester office and the firm as their energy projects will involve Nixon Peabody’s environmental, energy regulatory, finance, tax, syndication, and real estate practices.�

The attorneys join Nixon Peabody’s energy and environmental practice from the Syracuse office of Hiscock & Barclay. Their success in representing clients has grown out of applying business solutions to historically litigated tax problems and to project development challenges. In the context of generation facilities, they have represented clients in relation to more than 22,000 megawatts of generation, with a primary focus on maximizing available development or state and local tax benefit assistance programs and incentives to lower cost and support development of new facilities, or to support continued operation and additional capital investment in existing facilities. They have advised developers, owners, and acquirers of generation projects (all fuels and renewables), as well as tax equity investors in such projects.

They have negotiated payment in lieu of tax (“PILOT�) agreements for generating facilities with extremely large tax obligations, including large fossil plants and six nuclear power plants. With current development of generating capacity focused significantly on renewable generation, they have negotiated PILOT agreements for more than 90% of the New York wind power capacity constructed to date, and have worked on various aspects of more than 20 wind projects. Within the past year, Mr. Swartz and Mr. Moses have worked on development of an IGCC clean coal project that, if built, would be the first of its kind in the Northeast. They are currently representing the developer of the largest natural gas pipeline project in the Northeast in relation to the negotiation and implementation of PILOT agreements and host government agreements.

Mr. Swartz graduated from the Hamilton College, magna cum laude, and received his J.D. from Boston University School of Law. Mr. Moses received his B.A. from Georgetown University, and graduated cum laude from Syracuse University College of Law.

07-31-2007

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McLane, Graf, Raulerson & Middleton Professional Association

McLane Reports on Recent Initiatives to Support State's Under-Represented Constituencies
The law firm of McLane, Graf, Raulerson & Middleton, Professional Association, with offices in Manchester, Portsmouth, and Concord, is pleased to announce its most recent efforts to support the state?s minority interests.

Awareness Matters
Earlier this summer, McLane Attorney Ronald J. Abramson was interviewed (in Spanish) by the area's largest Spanish language newspaper, Siglo21, about recent immigration reform efforts and about the emergence of McLane's Immigration Law Practice Group.

In August, Ron was also the subject of a Q+A interview with the New Hampshire Business Review on the importance of immigration reform for businesses.

Professional Matters
In June, McLane Attorneys Kermit J. Zerr and Ron Abramson, along with Paralegal Deborah Jensen, attended the annual meeting of the American Immigration Lawyers Association. Over 2,500 immigration practitioners from around the world gathered to discuss cutting-edge issues in the areas of business, family, and federal litigation immigration matters.

Community Matters
In July, McLane hosted a meeting for the New Hampshire Women's Policy Institute and Southern New Hampshire Women's Business Network called "Are We There Yet?" a discussion about the Economic Status of Women in New Hampshire. Katherine Merrow, Executive Director of the NH Women's Policy Institute, presented recent research studies showing women's earnings in New Hampshire are among the highest in the nation. New Hampshire also ranks high on policies that support women's economic well-being. The NH Women's Policy Institute, a non-partisan, non-profit research organization dedicated to informing policies and decision-making affecting women in New Hampshire.

Business Matters
On October 16, McLane will present a program in conjunction with the Greater Manchester Chamber of Commerce on immigration options for employers while they await comprehensive immigration reform. The free lunchtime conversation will cover many questions about how current immigration law impacts employers.

07-31-2007

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Lowis & Gellen LLP

Lowis & Gellen Client Sells Business
Lowis & Gellen represented the sellers (“Sellers�) in the sale of their highly successful, Indiana based, medical device manufacturing business to a privately held company headquarted in California. This stock sale featured a substantial cash payment at closing, together with an escrowed holdback amount, an earn-out arrangement and a 338 election.

The Lowis & Gellen team consisted of Gerald Haberkorn, Robert Leavitt, and Mehreen Sherwani, who assisted in the Sellers’ due diligence compliance and exclusively handled for the Sellers all legal aspects of the transaction including the structuring, drafting and negotiating of the sale, employment and non-competition documentation.

07-31-2007

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Hagens, Berman, Sobol & Shapiro, L.L.P.

Suit Filed Against Bristol-Myers Squibb Over Tequin
Hagens Berman Sobol Shapiro filed a lawsuit today against Bristol-Myers Squibb (NYSE: BMY) and Schering Corporation (NYSE:SGP), claiming its antibiotic drug Tequin causes severe blood-sugar issues in some patients which could lead to debilitating long-term healthcare issues including diabetes, and death.

Tequin and its generic equivalent gatifloxacin was commonly prescribed for sinus, lung, and urinary tract infections, as well as other illnesses.

According to Rob Carey, lead attorney from HBSS, safety concerns regarding Tequin began to surface in 2001, two years after the drug was approved by the Food and Drug Administration, when medical literature began suggesting a link between Tequin and dysglycemia among diabetics and non-diabetics.

"We plan to show the court that Bristol-Myers Squibb was aware of the risks at this time, but did little except change some aspects of labeling which we believe downplayed the risks dramatically," said Carey.

According to the complaint, Springfield, Missouri, resident Patrick Bills developed severe hyperglycemia and new onset diabetes while taking Tequin for a skin infection.

"We believe there is a direct connection between Pat's diabetes and his use of Tequin, a situation we are afraid is very common among Tequin users," Carey said.

The complaint states that pharmaceutical giant Bristol Myers-Squibb (BMS) knew or should have known that Tequin could cause severe blood sugar problems and diabetes in patients who took the drug.

Today's court action claims that the pharmaceutical company ignored mounting reports of diabetes-related problems until February 2006 when - in conjunction with the FDA - it added a warning to the label that diabetics should not take Tequin. However, the newly added warning label did not include any danger to non-diabetic patients, which the plaintiff was.

"Adding a warning label for diabetic patients, years after the drug's introduction does not address the serious concern of non-diabetic patients developing diabetes and falls seriously short of their responsibility to the public," said Carey.

According to the complaint Bills began taking Tequin in March of 2005. Less than a year later he began experiencing symptoms of hypoglycemia including extreme thirst, frequent urination, and vision changes. In late January of 2006 Bills was diagnosed with severe hyperglycemia and diabetes.

Before Bills began taking Tequin he was very healthy and active and had not exhibited any symptoms of either of the conditions he was diagnosed with in 2006, the complaint notes.

A Canadian study cited in the March 2006 issue of the New England Journal of Medicine found that Tequin users had 17 times greater risk of developing serious diabetes and four times greater risk of being hospitalized with low blood sugar complications than patients using other antibiotics.

On May 2, 2006, Bristol-Myers Squibb quietly announced to its shareholders that it would stop making and selling Tequin; however, drugs that were already in pharmacies and in doctor's offices throughout the country were still being prescribed and without adequate warning, the complaint states.

According to Carey, significant injury that could have been prevented had already occurred and BMS allowed that to continue as a direct result of the company's irresponsible negligence of the facts.

Common symptoms caused by abnormally low or high blood sugar include nervousness, dizziness, shortness of breath, nausea, vomiting, anxiety, passing out, and confusion. Blood sugar disorders have also been shown to cause low blood pressure that may result in heart attack or renal failure.

The lawsuit, filed in the U.S. Southern District Court in New York, lists nine different counts against Bristol-Meyers Squib and Schering Corporation and seeks compensatory and punitive damages for Bills who was prescribed Tequin without receiving full disclosure of possible side effects.

07-31-2007

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Gray-Robinson, P.A.

18 Selected as Florida's Legal Elite
GrayRobinson is pleased to announce eighteen attorneys have been named Florida's Legal Elite.

Trevor B. Arnold- Up and Coming Legal Elite
Richard M. Blau
William A. Boyles
John M. Brennan
Brian J. Fender- Up and Coming Legal Elite
Allen R. Grossman
Guy S. Haggard
James F. Johnston- Up and Coming Legal Elite
Jeffrey D. Keiner
Fredrick W. Leonhardt
Byrd F. Marshall, Jr.- Top Managing Partner
Richard E. Mitchell- Up and Coming Legal Elite
Richard M. Robinson
Gary S. Salzman
Fredrick S. Schrils
Sandra G. Sheets
William E. Williams
Richard M. Zabak

This fourth annual edition of Florida Trend's Legal Elite names the top 868 lawyers who have earned the trust and confidence of those who know their work the best. The prestigious roster is selected from 59,481 Florida Bar members who practice in the state. In addition to being part of the Legal Elite, four of GrayRobinson's attorneys were cited on the Up and Coming Legal Elite list, also voted on by members of the Florida Bar. Byrd Marshall was selected as one of the top nine managing partners in the state, having a strong commitment to growth, functionality, profitability, and preservation of the company's mission.

07-31-2007

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Freshfields Bruckhaus Deringer

Deutsche Bank buys Abbey Life from Lloyds TSB for £977m
Deutsche Bank AG has today reached agreement with Lloyds TSB Group subsidiary Scottish Widows plc to acquire Abbey Life Assurance Company Limited ('Abbey Life') for a cash consideration of £977m, upon completion. The transaction is conditional upon regulatory approval, with completion expected in the second half of 2007. International law firm Freshfields Bruckhaus Deringer is advising Deutsche Bank on the sale.

Scottish Widows Investment Partnership has entered into a ten year agreement to continue to manage Abbey Life's funds.

The Freshfields team was led by corporate partner Sundeep Kapila and included partner James Smethurst providing financial services regulatory advice, Sarah Falk (partner, tax) and Kathleen Healy (partner, employment, pensions and benefits).

Sundeep Kapila comments: 'The acquisition represents a great opportunity for Deutsche Bank to invest in the closed life market and we were delighted to have been involved working alongside a variety of Deutsche's specialist teams.'

07-31-2007

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