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Three Smith Anderson Associates Become Partners
We are pleased to announce that David B. Clement, Michael R. Gordon and Sean A. Timmons have become partners, effective January 1, 2006.
Dave Clement joined Smith Anderson in 2000, after serving twenty years in the U.S. Navy, including fourteen years as judge advocate, where he rose to the rank of Commander. Mr. Clement focuses his practice on mergers and acquisitions; venture capital investing; general corporate; commercial contracting; and securities compliance for growth companies and other businesses. He received a B.S., with honors, from the U.S. Naval Academy; a J.D., cum laude, Order of the Coif, from Villanova University School of Law, and an L.L.M. (Taxation), with distinction, from Georgetown University Law Center. He is licensed to practice in North Carolina, Pennsylvania and New Jersey, and is a member of the American, North Carolina and Wake County Bar Associations. He serves on the Board of Directors of Prevent Child Abuse, North Carolina, a statewide, nonprofit organization dedicated to the prevention of child abuse and neglect.

Mike Gordon joined Smith Anderson in 1998 after practicing for three years with the Manhattan District Attorney’s Office. A litigator, Mr. Gordon’s practice includes medical malpractice defense; white-collar criminal defense (health care emphasis); civil fraud defense (health care emphasis); and commercial litigation. Mr. Gordon received a B.A., cum laude, from Tulane University and a J.D. from Brooklyn Law School. He is licensed to practice in North Carolina and New York and is a member of the American, New York, North Carolina and Wake County Bar Associations.

Sean Timmons joined Smith Anderson in 1998. A health care law practitioner, Mr. Timmons has extensive experience in a wide range of issues including Medicare and Medicaid Fraud and Abuse, Certificate of Need, and transactions involving health care provider entities. He received a B.A., cum laude, from Williams College and a J.D. from Duke University. Licensed to practice in North Carolina, Mr. Timmons is a member of the American, North Carolina and Wake County Bar Associations and the American Health Lawyers Association.


SHB Promotes 12 Lawyers to Partnership
Shook, Hardy & Bacon has elected 12 lawyers to join the partnership, effective January 1, 2006. Seven of SHB’s new partners will be based in the firm’s Kansas City, Mo., headquarters; two in Houston, Texas; one in Orange County, Calif.; one in San Francisco, Calif.; and one in Miami, Fla.

Kansas City

Diego M. Gandolfo defends companies involved in international products liability litigation in Latin America and the United States. Gandolfo received his J.D., with distinction, from the University of Missouri-Kansas City School of Law.
Brian A. Jackson focuses on national products liability defense litigation. He has appeared and practiced in state and federal courts throughout the United States. Jackson received his J.D. from the University of Kansas School of Law.
Kamran Q. Khanconcentrates his practice on products-related litigation, regulation and issues management. Khan has been involved in the defense of complex products liability cases in state and federal courts throughout the United States. He earned his J.D. from the Southern Illinois University School of Law.
Laurie A. Novion practices in the area of commercial litigation, with a particular focus on complex class action, multidistrict and antitrust litigation. She has federal court experience in various jurisdictions throughout the United States. Novion earned her J.D., with honors, from the University of Texas School of Law.
Douglas W. Robinson is a member of SHB’s Tort Practice and handles all aspects of litigation involving products liability, insurance and premises liability. Robinson has litigated cases in state and federal courts throughout the country. He received his J.D. from the George Washington University National Law Center.
Anthony J. Strait practices in SHB’s Corporate, Finance and Transactional Practice, concentrating on mergers and acquisitions; joint ventures and strategic alliances; distribution and licensing arrangements; securities; and general corporate law. He earned his J.D., with distinction, from the University of Iowa College of Law.
Mark C. Tatum is a member of SHB’s National Employment & Litigation Practice, with a focus on discrimination and harassment claims; non-compete agreements; arbitrations; and jury trial practice. Tatum has appeared in numerous state and federal courts throughout the country and in various arbitration forums. He earned his J.D. from the Southern Methodist University School of Law.


David A. Chaumette is a member of SHB’s Business Litigation Practice. He has successfully tried cases to a jury verdict and has prosecuted appeals before appellate courts in Texas. His trials have involved oil and gas matters; securities fraud issues; lender liability cases; and real estate disputes. Chaumette received his J.D. from the University of Chicago Law School.
James Shepherd is a member of SHB’s Pharmaceutical and Medical Devices Practice and has successfully represented a number of clients in pharmaceutical, toxic tort and business litigation cases. Shepherd received his J.D. from the Tulane University Law School.

Orange County

Paul B. La Scala focuses his practice on defending corporations in products liability actions. He represents companies in the pharmaceutical, dietary supplement and medical device industries in individual lawsuits, coordinated proceedings and class actions. He earned his J.D. from the Loyola Marymount University School of Law.

San Francisco

Patrick J. Gregory concentrates his practice on complex contractual disputes, business tort claims, environmental litigation, and the defense of personal injury cases at both the trial and appellate levels. Gregory earned his J.D. from the Creighton University School of Law.


Stephen J. Darmody focuses his practice on resolving environmental, tort and toxic tort claims. He brings to this task a wide range of experience as a criminal prosecutor, a judge, an environmental regulator, and the regional counsel for a federal agency charged with enforcing environmental laws. He received his J.D., with honors, from the George Washington University Law School and a L.L.M., with highest honors, from the same institution.


Higier Lautin Joins Forces with Cowles & Thompson
Cowles & Thompson, P.C. announced on January 1, 2006 that all 11 attorneys and most of the associated staff from the Addison, Texas law firm Higier Lautin Foxman McKinney & Owen, P.C. have joined Cowles & Thompson, establishing an Addison office for the downtown Dallas firm. The addition means that Cowles & Thompson has grown to 71 lawyers, with office locations in Dallas, Addison and Tyler, Texas.
The 11 Higier Lautin attorneys joining Cowles & Thompson bring substantial legal expertise in banking, lending, factoring, bankruptcy, litigation, franchising, estate planning, landlord/tenant and real estate. "This addition expands the expertise of our firm and adds even more depth to its established abilities in insurance defense and complex commercial litigation" says David R. Woodward, Cowles & Thompson managing shareholder. "We are ideally positioned to help the Texas business community thrive and grow."
Cowles & Thompson founder, Jim Cowles, said "Adding the Higier Lautin group to Cowles & Thompson definitely was the right move. They share our commitment to clients and to integrity in the practice of law. Their business expertise coupled with our litigation depth will provide great value to our clients."
Tom Higier, one of the former Higier Lautin shareholders, is also pleased at the prospect of practicing at his new Cowles & Thompson home. "We are excited about joining Cowles & Thompson, and about increasing the firm's presence in North Texas. Our clients, old and new, will benefit from the new litigation resources and business solutions we can now deliver. We are thrilled to be joining such a creative, client-focused law firm."
The attorneys joining Cowles & Thompson are:
Thomas Higier
Stuart A. Lautin
Ronald A. Foxman
Richard A. McKinney
Jennifer L. Owen
Patrick R. Lloyd
Jeffrey M. Mitchell
Timothy J. Vineyard, Sr.
Sharon C. Jett
Daniel Paz
Karen J. Wade


Corporate and Real Estate Practice Expands With Two New Attorneys
Carroll, Burdick & McDonough LLP welcomes two new attorneys to the Firm’s business practice. Real estate and business attorney John F. Gardner, who joins the firm’s Walnut Creek office, comes to CB&M from Cooper, White and Cooper, where he has established a remarkable track record, serving as lead counsel in more than $500 million in real estate ventures in 2004 alone. Gardner sees enormous growth opportunities at CB&M. Gardner is an active member of the Real Estate and Business Law Sections of the California State Bar, as well as the Real Estate, Business Law and Corporate Counsel Sections of the Contra Costa County Bar Association. He is also active in Rotary International. Before his legal career, he served as a consultant to the Organization of American States concerning international trade issues.
Also joining CB&M’s Walnut Creek office and business practice is Caleb E. Jay, former assistant general counsel to the Oakland A’s. Jay has a master’s degree in sports management as well as a law degree. He has advised and assisted companies with real estate, corporate, and commercial issues. Jay’s background also includes licensing, intellectual property and e-commerce matters.
CB&M Wins Appellate Victory, Reversing Despite Contrary Precedent
David Rice, chair of Carroll, Burdick & McDonough LLP's Appellate Practice Group, and Vicki Freimann, managing partner of the Los Angeles office, won a published decision from the California Second District Court of Appeal that reversed a judgment against CB&M's client, even though that judgment was supported by other published case law. Beal Bank, SSB v. Arter & Hadden, LLP, 2006 WL 44416 (Jan. 10, 2006). The trial court had barred CB&M's client from pursuing legal malpractice claims against former attorneys, holding that the statute of limitations for claims against the alleged wrongdoing attorney's former law firm was not tolled when the attorney left that firm. The attorney continued to work for the client on the same matter. Mr. Rice and Ms. Freimann persuaded the Court of Appeal that the trial court had erred, and that despite adverse, published authority to the contrary, the purposes served by tolling the limitations period as to the individual attorney required tolling the limitations period as to the attorney's former law firm as well.
CB&M Comes In Just Before Trial, Uses Other Side’s Experts to Win Higher Damage Award
Larry Panek came into a case at the last minute and won a trial judgment for more money than our client’s own expert said was owing. Larry and colleague Tom Tarkoff were brought into a construction breach of contract and product defect case as co-counsel only a month before trial. In that short time, they prepared expert witnesses, organized evidence, and did all of the written work required (evidentiary motions, trial briefs, jury instructions, etc.) At trial, co-counsel focused on liability and CB&M on damages. Mr. Panek got the defense expert to admit on the stand that if certain assumptions were true, then the damages calculation would be higher than either side’s expert had opined. The jury was persuaded the jury that these assumptions were in fact true, and so the jury awarded CB&M’s client the higher amount.


Todd R. Wulffson Nominated as BTI Client Service All-Star
Carlton DiSante & Freudenberger is pleased to announce that Todd R. Wulffson, a partner in the Orange County office, was recently named by one of his clients as a 2006 BTI Client Service All-Star. BTI interviewed more than 200 corporate counsel at large and Fortune 1000 companies in an effort to gather nominations. The BTI Client Service All-Stars consist of 134 attorneys from 91 law firms that corporate counsel delineate by name, as delivering the absolute best client service. Clients nominate specific attorneys for outstanding service in the following top 4 areas: client focus, results, exceptional understanding of their client's business, and core legal skills.


Vanessa W. Whang Elected to Partnership
Carlton DiSante & Freudenberger LLP is pleased to announce that Vanessa W. Whang has been elected to the partnership. Ms. Whang is located in our Sacramento office and has been with the firm since 2000. Vanessa W. Whang's areas of emphasis are labor and employment litigation for management (including all forms of discrimination and harassment, wrongful discharge and wage and hour litigation), and employer advice and counseling. Vanessa represents clients in state and federal court and before administrative agencies


The Overreaction to Kelo" By Vicki Land and Andrew Sokolowski
January 2006, Los Angeles Lawyer Magazine - Vicki Land and Andrew Sokolowski write that the Kelo decision will have little or no impact on California because there are statutes already in place..."but the impassioned legislative reaction to Kelo may threaten the ability of California redevelopment agencies to eliminate urban blight


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