Law Firm News

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Law Firm News

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Kramer, Levin, Naftalis & Frankel, LLP

Trachtman Quoted in New York Law Journal
Jeffrey Trachtman was quoted in an April 7, 2006 New York Law Journal article on same-sex unions. Trachtman is mentioned as co-counsel to Lambda Legal in Hernandez v. Robles, the marriage rights case currently pending in the New York Court of Appeals. He is quoted as saying that, historically, every civil rights advancement has made some people uncomfortable, but that once people see that same-sex couples share the same concerns and face the same problems as different-sex couples, they will become more comfortable with equal marriage rights.

04-07-2006

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Miller, Canfield, Paddock & Stone, P.L.C.

Miller Canfield Attorney Presents at MGFOA Spring Seminar
Kurt N. Sherwood, a principal at the law firm of Miller, Canfield, Paddock and Stone, P.L.C., presented a Labor and Employment Law Update to approximately 100 people at the Michigan Government Finance Officers Association Spring Seminar on March 24 at the Kellogg Conference Center at MSU.

Sherwood resides in the firm’s Kalamazoo office and practices in the Labor and Employment Relations Group. He has spoken at numerous seminars on labor and employment law-related topics and has conducted and participated in many management round tables and in-house training programs.

He is a member of the American Bar Association's Labor and Employment Relations Section, State Bar of Michigan, Kalamazoo County Bar Association, Michigan Public Employer Labor Relations Association, Industrial Relations Research Association, and the Kalamazoo Area Labor-Management Association. He is a past board member for the Family Institute, Big Brothers–Big Sisters (remains on the Personnel Committee), and is a past committee member of the American Cancer Society.

The 350-attorney law firm of Miller, Canfield, Paddock and Stone, P.L.C. was established in Detroit in 1852 and has offices in Ann Arbor, Detroit, Grand Rapids, Howell, Kalamazoo, Lansing, Monroe, Saginaw, and Troy, Michigan. Other offices are located in New York City, Naples and Pensacola, Florida, Windsor, Ontario, and in Gdynia, Warsaw, and Wroclaw, Poland.

04-07-2006

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Winstead, Sechrest & Minick, P.C.

Winstead\'s Woodlands Office Celebrates 5th Anniversary
Five years ago, The Woodlands Office of Winstead Sechrest & Minick P.C. opened its doors with a focus on building new regional, national and international client relationships in the area. ""It was a good business decision because as The Woodlands has prospered and enjoyed successful growth, Winstead has expanded its client relationships in the past five years,"" said R. Clyde Parker, Jr., a member of the Firm's Executive Committee and former managing shareholder of The Woodlands Office when it opened in early April, 2001.

The Woodlands is a 28,000-acre master-planned community located 27 miles north of downtown Houston. An estimated 1,000 energy, technology, research, industrial, service, institutional, and retail businesses are headquartered or have offices in The Woodlands, and it has been the best-selling master-planned community in Houston and Texas since 1990, sixth in the nation last year.

When Winstead first opened the Woodlands Office, Parker led a team of 8 full-time attorneys. ""We now have 27 staff members including 13 talented attorneys. As the office has evolved, we remain a dedicated legal team proud of our exceptional clients and our active participation in The Woodlands community. Our attorneys serve on the boards of various organizations dedicated to community service and economic growth and development in the region,"" says Parker. The Woodlands Office provides legal services in corporate/securities, mergers and acquisitions, litigation, wealth preservation, emerging business, energy, biotechnology, intellectual property, and real estate and has access to Firm-wide support in over 30 practice areas.

""While The Woodlands is famous for being a great place to live, companies know that it is also a great place to work and operate their business,"" explained Jeff Harder, current managing shareholder of The Woodlands Office. Harder has been in The Woodlands since 1983. ""I've watched The Woodlands grow and I've enjoyed watching each year go by as we continue to draw great business minds to the region. With growth comes opportunity and The Woodlands community enjoys tremendous growth,” he said.

Harder's goal is to build on the already strong reputation Winstead established in the local and national business communities in order to further enhance opportunities for companies in The Woodlands area. ""This is an exciting time for The Woodlands in terms of business opportunities and economic growth. The area is among the fastest growing in the nation, due to South Montgomery County's history of economic development support and incentives,"" he said.

Winstead Sechrest & Minick P.C. is among the largest business law firms in Texas. With more than 300 attorneys, the Firm provides regional, national and international clients access to a broad range of business legal services representing more than 30 practice areas. Winstead has offices in Austin, Dallas, Fort Worth, Houston, San Antonio, and The Woodlands, Texas; and Washington D.C. For detailed information about Winstead, visit www.winstead.com.

04-07-2006

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Osler, Hoskin & Harcourt, LLP

Judge Farley Hears Final Submissios
More than 30 Bay Street lawyers, family members and well-wishers crowded into a Toronto courtroom yesterday morning to pay tribute to Ontario Superior Court Justice James Farley, who retires this month.

Technically, the court session was convened to tie up loose ends from the court-approved restructuring of Stelco Inc. But lawyers attending the session instead offered oral submissions on the storied 17-year career of a judge who was instrumental in the creation of Canada's leading bankruptcy court.

The lawyers' submissions were drawn from a rich repository of so-called Farleyisms that have become the stuff of legend in legal circles, reflecting the judge's famously unpredictable temper, gruelling work schedule, opaque literary analogies and inscrutable handwritten decisions.

Lyndon Barnes, a lawyer with Osler Hoskin & Harcourt, shared his firm's behind-the-scenes struggles to decipher Judge Farley's often-illegible scribbling in written decisions. "People have made partner in our firm solely on the basis that they can read your decisions," Mr. Barnes confided. Once, he was so perplexed by a Spanish reference in one of the judge's decisions that he hired a Spanish professor to translate the passage.

04-06-2006

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Goodwin Procter, LLP

Photoways Announces Purchase of PhotoBox Limited
Photoways, Inc., recently announced its purchase of all of the outstanding shares of PhotoBox Limited, a U.K.-based provider of online photo sharing, storing and printing services. In connection with the acquisition, Photoways also closed a preferred stock financing by its primary investors, Highland Capital Partners and Index Ventures. Photoways is a French-based leader of the European photographic online printing market. With the acquisition of PhotoBox, Photoways has created Europe’s largest online photo service with expected sales of over $30 million in 2006.

Goodwin Procter attorneys Mark Bettencourt, James Kasinger and James Burns represented Photoways in this deal.

04-06-2006

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Collier, Shannon & Scott, P.L.L.C.

Kelley Drye Collier Shannon Attorney David Frulla Secures False Claims Act Dismissal for PaL-Tech
Washington, DC – In a summary judgment ruling issued this week, the United States District Court for the District of Columbia rejected claims under the False Claims Act against a public contractor who provided personnel support services to the government. A former employee of PaL-Tech, Inc. had claimed that the company committed procurement fraud by providing services that United States Agency for International Development (USAID) officials, including senior officials and contracting office representatives, had specifically requested.

""This ruling is good news for the businesses contracted to provide support services to the government,"" said David E. Frulla, Member of Kelley Drye Collier Shannon who represented PaL-Tech in the case. ""PaL-Tech worked diligently and with complete candor to assist USAID to respond to the short-staffed situation it found itself in.""

In Thomas E. Mossey v. Pal-Tech, Inc., Thomas E. Mossey sued Pal-Tech, Inc., his former employer, alleging that the company submitted false claims to USAID—a federal agency that finances and oversees development projects in foreign countries—in violation of the False Claims Act (FCA). Mossey contended that, although the work was actually performed and was billed correctly, PaL-Tech knowingly submitted false and fraudulent claims for payment at each invoice date because the work performed was allegedly outside the scope of the contract and violated regulations on so-called ""personal service"" contracts.

After reviewing extensive evidence from discovery, the Court concluded, ""there is no evidence in the record to suggest that PaL-Tech knowingly deceived, or attempted to deceive, USAID about the work it performed under the contracts.""

""If, in fact, PaL-Tech performed extra-contractual work as alleged …, USAID not only knew about it; the agency requested it, on occasion, demanded it, and—by implication—ultimately approved it,"" the Court explained.

On September 30, 1996, PaL-Tech entered into a contract with USAID to provide staffing support services for ""non-direct hire"" personnel in several of its departments. The contract also contained a residual benefit for ""direct-hire"" personnel. At the time PaL-Tech entered into the contract, some of USAID’s departments did not have enough direct hire support staff to meet its mission requirements. As a result, on several occasions, USAID asked for, and PaL-Tech supplied, support services not only for non-direct hire personnel, but also for its direct hire personnel. The Court also rejected Mossey’s claims that PaL-Tech had committed fraud in connection with the award of a follow-on contract in 1998.

In a related decision, the Court ruled that Mossey violated the terms of the non-disclosure agreement he signed with PaL-Tech by retaining confidential documents after he left the company.

""Mr. Mossey kept PaL-Tech documents in direct violation of his non-disclosure agreement. It was no excuse for him to claim that he needed them from this case or that the documents were returned during the course of the lawsuit,"" explained Mr. Frulla.
About David E. Frulla
David E. Frulla is a Member of Kelley Drye Collier Shannon’s Litigation, Environmental Law, and Government Relations and Public Policy Practice Groups. Mr. Frulla has significant experience defending individuals, labor organizations and corporations in criminal, administrative, and legislative investigations and enforcement proceedings in matters involving white collar crime, environmental regulation, health care consumer protection, alleged fraud and abuse, and campaign finance and public integrity investigation and enforcement.

About Kelley Drye Collier Shannon’s Litigation Practice Group
Kelley Drye Collier Shannon specializes in complex civil and criminal litigation and its skilled trial lawyers have been a principal foundation of the firm’s success for more than forty years. The Litigation Practice Group’s expertise regularly appears in judicial proceedings before federal and state courts across the country, including courts of appeals, the U.S. Supreme Court, and in administrative litigation before federal and state agencies. Kelley Drye Collier Shannon’s attorneys have extensive experience defending qui tam suits brought under the Civil False Claims Act.

About Kelley Drye Collier Shannon
Kelley Drye Collier Shannon, a Washington, DC law firm, solves competitive problems for Fortune 500 companies, privately held corporations, government entities, and trade associations in the US and abroad. The firm has over 100 attorneys and professionals practicing in the following areas: Advertising and Marketing, Antitrust and Trade Regulation, Business Strategies and Transactions, Technology, Environmental, Government Relations and Public Policy, Intellectual Property, International Trade and Customs, Litigation, and Trade Associations.

04-06-2006

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Cohen and Wolf, P.C.

Cohen & Grigsby Immigration Services Attorney Appointed to Worldwide ERC® Committee
Cohen & Grigsby is proud to announce that Nancy A. Sharp Ziegler, Attorney at Law and Manager of Outbound Immigration Services, has been appointed to the 2006 Public Policy Management Committee of Worldwide ERC® (Employee Relocation Council). The committee includes attorneys, accountants and other professionals from around the world that have expertise in the mobility industry and specialties in both domestic and international legal and accounting issues. Worldwide ERC’s membership consists of more than 12,000 professionals from across the globe that oversee, manage or support domestic and international employee transfers.

“I’m flattered that the committee has nominated me to participate,” noted Sharp Ziegler. “I look forward to making substantive public policy recommendations to the committee during my appointment.”

Founded in 1964, Worldwide ERC provides leadership, advocacy, education and networking for global workforce mobility professionals and the relocation industry through specialized research, training, accreditation, public policy initiatives and information exchange.

A member of the American Immigration Lawyers Association, Sharp Ziegler focuses her activities on building Cohen & Grigsby’s global business immigration practice to assist employers in obtaining business visas and work and residence permits. These are necessary documents for the international movement and relocation of employees and new hires to and between countries worldwide. Listed in An International Who’s Who of Corporate Immigration Lawyers (1996-1998), Sharp Ziegler is also a prolific author and speaker and has acquired more than 20 years of business experience. This includes several years in the fields of human resources and international relocation management, where she had responsibility for nonimmigrant and immigrant visa processing.

04-06-2006

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