Law Firm News

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Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP

Shawn C. Gooden Earns Favorable Court Decision
Associate Shawn C. Gooden recently prevailed in a worker’s compensation case involving a contested average weekly wage. The claimant was originally hired in 1991. He worked until 2002, when he was furloughed during a plant-wide slowdown. In March 2004, he was recalled into a new position. In May 2004, Claimant sustained a work injury. Claimant had never been furloughed before and there was no foreseeable chance that Claimant would be furloughed in the future.

Claimant argued that his average weekly wage should be calculated using only his wages from March 2004 through the date of injury. By so doing, his average weekly wage would have been in excess of $790.00 per week. The Defense argued that because Claimant maintained his employment status with the employer, pursuant to Reifsnyder, it was appropriate to look back one year from the date of injury and include quarters of zero wages in calculating the average weekly wage. By so doing, Claimant's average weekly wage would only be $158.00 per week.

The WCJ agreed with the Defense, concluding that the relevant inquiry is whether or not the employment relationship was maintained. If so, the Judge must use quarters with zero wages in determining the average weekly wage. This victory saved the employer over $20,000 per year in indemnity benefits.

07-30-2007

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Steptoe & Johnson LLP

Lowther Appointed to Three-Year Term for NALA
Cynthia L. Lowther, Advanced Certified Paralegal, was recently appointed to a three-year term as a member of the Professional Development Committee (PDC) of the National Association of Legal Assistants (NALA). Lowther is a Paralegal in the Charleston office of Steptoe & Johnson PLLC.

The responsibilities of the PDC include informing NALA members of updates of case law, ethical opinions, legislative activities, and other matters that affect the legal assistant profession. The PDC is responsible for the development and oversight of the LEAP program, a new training program designed to explore the various facets of leadership and prepare volunteers for the challenges of national leadership roles with NALA. Lowther is active in the NALA affiliate organization, Legal Assistants/Paralegals of Southern West Virginia (LAPSWV), where she currently holds the office of First-Vice President.

07-30-2007

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Modrall, Sperling, Roehl, Harris & Sisk, P.A.

Samuel L. Winder Joins Modrall Sperling Law Firm
Samuel L. Winder recently joined Modrall Sperling Law Firm in the firm’s Indian Law practice group. Mr. Winder has over 18 years experience representing the interests of Indian tribes, including serving as General Counsel to the Southern Ute Indian Tribe, of which he is a member. Prior to joining Modrall, Sperling, Roehl, Harris & Sisk, P.A., Mr. Winder was Assistant United States Attorney/Tribal Liaison for the United States Attorney’s Office, District of New Mexico.

In addition to trying many major felony cases as the Tribal Liaison for the District of New Mexico, Mr. Winder advised the United States Attorney on matters affecting Indian tribes. He served as the district’s official liaison among federal, state, and local officials on federal law matters. He has also argued several cases before the Tenth Circuit Court of Appeals. Mr. Winder’s experience also includes drafting and analyzing legislation regarding Indian affairs as Deputy Counsel to Senator John McCain.

Mr. Winder received his Juris Doctor from the University of New Mexico School of Law.

07-30-2007

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Weil, Gotshal & Manges, LLP

Weil Gotshal Partners Kenneth Steinthal and David Duffell Named Power Lawyers 2007
Weil, Gotshal & Manges LLP partners Kenneth Steinthal and David Duffell were named Power Lawyers 2007 by The Hollywood Reporter. The publication included Mr. Steinthal in its “Power Lawyers 2007 - IP/Tech� list and discussed the firm’s representation of such prominent clients as Yahoo, AOL, Apple and RealNetworks as well as Mr. Steinthal’s defense of Bertelsmann in a $17 billion case stemming from the company providing the original Napster with funding.

Mr. Duffell is named to the “Power Lawyers 2007 - Corporate� list and is cited for his representation of Providence Equity Partners in several multi-billion deals, including the $12 billion acquisition of Univision Communications, Inc. and the $50 billion Bell Canada deal, the largest leveraged buyout in history.

07-30-2007

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Robinson & Cole LLP

R&C Associate Named To Board of Directors of the New London County Bar Association
Dana M. Horton, a member of the firm's Insurance Practice Group, was recently named to the Board of Directors of the New London County Bar Association for the 2007-2008 year. Ms. Horton has been a member of the NLCBA, a voluntary association of attorneys, for the past 7 years.

07-30-2007

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Paul, Hastings, Janofsky & Walker LLP

Paul Hastings Bolsters Securities and Capital Markets Practice with Addition of Leading Practitioner Vince Pisano
Paul, Hastings, Janofsky & Walker LLP, a leading international law firm, is pleased to announce that Vince Pisano, formerly of Kirkland & Ellis LLP, has joined the firm’s Securities and Capital Markets Practice as a Partner, resident in the New York office. Mr. Pisano’s practice encompasses a wide range of U.S. and international securities and capital markets expertise including leveraged buyout and other acquisition financings, initial public offerings, high yield debt and convertible financings, special product development and other public and private offerings. He also serves as a general securities law and corporate governance advisor to a variety of public companies and investment banks.

“As the capital markets become more sophisticated and global in scope, the demand for experienced lawyers who understand the complexities involved is dramatically increasing," said Bill Schwitter, Capital Markets Practice Co-Chair. “The arrival of Vince, a leading capital markets practitioner, will substantially enhance our practice capabilities to meet increasing client demand, to capitalize on cross border work in collaboration with our London office and to enhance our robust Asia presence, particularly in the leveraged finance area. In addition, Vince’s strong relationships with a number of leading investment banks will allow us to broaden our representation of these key clients, a strategic goal of our practice.�

Mr. Pisano has represented underwriters including Bear Stearns, Credit Suisse, Deutsche Bank, Barclays Capital, Morgan Stanley, Citigroup, Bank of America, Merrill Lynch & Co., JP Morgan, Lehman Brothers and Goldman Sachs. Mr. Pisano also acts as designated underwriters counsel for News Corp., Avis Budget Group, Wyndham and Travelport.

07-30-2007

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O'Melveny & Myers, LLP

O’Melveny Successfully Represents AMD In Complaint To European Commission Against Intel
O'Melveny & Myers LLP has scored an important victory in Europe for client Advanced Micro Devices (AMD) in its global fight against Intel. After several years of extensive investigation, on July 27, 2007 the European Commission (EC) announced that it had taken the ground-breaking step of charging Intel with violating EU competition laws by abusing its dominant position in the global microprocessor market. The case is considered one of the most high-profile antitrust investigations currently carried out by the European Commission.

O'Melveny partner Riccardo Celli leads the Brussels team, which includes associates Christian Riis-Madsen, Giovanni Cifelli and Elizabeth Turner. O'Melveny is providing global advice to AMD in relation to its antitrust battle against Intel, including representing AMD in the complaint filed in U.S. court against Intel -- the largest federal court monopolization case pending in the U.S. Other O'Melveny lawyers involved in advising AMD on its antitrust battle with Intel include: Washington, D.C. partners David Beddow, Thomas Donilon and Henry Thumann and associate Courtney Dyer; Century City partners Chuck Diamond and Linda Smith and counsel Bo Pearl; Los Angeles partner Mark Samuels; Tokyo partner David Litt; and Beijing counsel Nathan Bush.

In a press briefing, the EC said, "In the short, medium and long term, we think that the actions of Intel are bad news for competition and consumers." The issuing of a Statement of Objections is a major milestone in AMD's fight against Intel's conduct. Intel now must respond to the charges and may ask for a hearing. Following the hearing process, the EC may issue its final decision imposing remedies on Intel as well as a fine of up to 10 percent of Intel's worldwide annual revenue.

"This is a moment of truth for the entire IT industry. The European Commission is serious about ending Intel's abuse of its dominant position in the global microprocessor market," said Giuliano Meroni, President of AMD for Europe, Middle East and Africa. "We are confident that today's Statement of Objections will be a catalyst in opening the global microprocessor markets for the benefit of consumers and PC companies alike".

07-30-2007

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