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Buchanan Bankruptcy Attorney William Schorling Appointed to ABA Committee
Buchanan Ingersoll & Rooney shareholder William Schorling was appointed to a three-year term on the American Bar Association's Standing Committee on Federal Judicial Improvements. The nine-member committee is the only ABA entity completely focused on the substantive issues affecting the federal judicial system.

According to the ABA website, the committee, "plays a vital role in developing policy for the Association on issues relating to the federal judiciary and monitoring Congressional activity that might affect the judicial branch." Recently, the committee has addressed issues such as the judicial pay increase and the Breyer Commission's report on judicial discipline.

07-25-2007

WilmerHale's Born and Schwarz “Best of the Best” in Commercial Arbitration by Legal Media Group
WilmerHale is pleased to announce that two of its London-based partners have been recognized as among the world’s leading lawyers for International Commercial Arbitration in the 2007 edition of Best of the Best—a guide to preeminent practitioners published by the Legal Media Group. Gary Born and Franz Schwarz are two out of only eight lawyers in London selected for this honor and only 32 worldwide. No other firm garnered more recognitions for International Commercial Arbitration in the 2007 edition of Best of the Best. Both Mr. Born and Mr. Schwarz are widely recognized for their contributions to the field, having numerous honors and awards between them.

Gary Born chairs WilmerHale’s 70-lawyer International Arbitration practice. He is uniformly ranked by Euromoney, Chambers, and Legal 500 as a leading practitioner in his field. Mr. Born has participated in more than 500 international arbitrations, including four of the largest ICC arbitrations and several of the most significant ad hoc arbitrations in recent history. He has represented European, US, Asian and other companies in arbitrations under all leading institutional rules and in ad hoc arbitrations in all leading international situses. He has particular experience in joint venture, investor-state, M&A, investment banking and other financial services, project finance, intellectual property and insurance disputes. Mr. Born is also one of the world’s leading authorities on international commercial arbitration and international litigation, and has authored several of the leading commentaries in the field, including, most recently, International Commercial Arbitration (3d ed. forthcoming 2007 Kluwer) and International Civil Litigation in United States Courts (4th ed. 2006 Aspen).

Franz Schwarz, an Austrian qualified lawyer, is a partner in the firm’s International Arbitration practice and resident in the London office. Mr. Schwarz has wide experience with arbitral practice and procedure in both civil and common law systems, both as counsel and arbitrator. Mr. Schwarz focuses on complex multi-jurisdictional disputes, with particular emphasis on joint venture, M&A, financial services, project finance, as well as commercial and corporate disputes, and on the protection of foreign investments under bilateral investment treaties and similar instruments. Mr. Schwarz teaches international arbitration at Zurich University and has written extensively on arbitration law. Recently he co-authored of The Vienna Rules – A Commentary on International Commercial Arbitration in Austria (forthcoming with Kluwer).

WilmerHale features one of the most varied and successful arbitration practices of its kind, recently described by Chambers Global as “renowned the world over as a centre of excellence.” Its 70 members come from a variety of backgrounds in law and academia, both from civil law and common law jurisdictions.

Legal Media Group is a Euromoney Institutional Investor company. Best of the Best is an international guide to the world’s leading lawyers. Researchers for the guide are in touch with over 30,000 in-house counsel and private practice lawyers in more than 90 countries to have them identify the “Best of the Best” in the legal industry.

07-25-2007

Paris Office Advises Chemical Company Arkema on the Acquisition of Coatex
It was recently announced that Willkie client French chemical company Arkema agreed to acquire Coatex from the Omya Group of Switzerland. This is Arkema’s first acquisition project since its initial public offering in May 2006. Arkema Group, which was formed in October 2004 out of the reorganization of Total’s chemicals branch, is a leading manufacturer of vinyl products, industrial chemicals, and performance products. Based in Genay, France, Coatex produces specialty polymers, mainly acrylic based, used as dispersants and thickeners. With about 300 employees in Europe, the Americas and Asia, Coatex had sales of €150 million in 2006. The deal was handled by partners Laurent Faugérolas (corporate) and Jacques-Philippe Gunther (competition law); special European counsel David Tayar (competition law); and associates Jérémy Scemama, Xavier Doumen, Nicolas Tollet and Adrien Giraud.

07-25-2007

Thelen Labor and Employment Teams Win on Both Coasts
Thelen Reid Brown Raysman & Steiner LLP’s national Labor and Employment department has recently seen back-to-back wins for two of the firm’s long-standing, institutional clients. Both victories—a precedent-setting victory for Kaiser Permanente in the California Court of Appeal, and another verdict in favor of New York’s Metro-North Railroad in U.S. Disctrict Court—were issued in published opinions that fully vindicated our clients’ positions.

Thelen’s Kaiser Permanente Team Wins in the California Court of Appeal

San Francisco Labor and Employment partner Deborah Broyles and associate Ellen Papadakis recently achieved an appellate victory for longtime client Kaiser Foundation Health Plan, Inc.-and, by persuading the Court of Appeal to certify its opinion for publication, also scored a significant statewide victory for all California employers.

Loggins v. Kaiser Permanente Int’l et al., California Court of Appeal, Fourth Appellate District, Division One, Case No. D048404 (June 7, 2007), arose out of the termination of an employee who was using considerable resources during work hours to attend to a privately-owned home business, in violation of Kaiser’s published employment policies. The employee then filed suit in San Diego Superior Court to challenge her termination as retaliatory.

Kaiser prevailed on summary judgment in the trial court, but the employee appealed, contending, in part, that two published California cases—(1) California Fair Emp. & Housing Comm’n v. Gemini Aluminum Corp. (2004) 122 Cal.App.4th 1004 and (2) Hanson v. Lucky Stores, Inc. (1999) 74 Cal.App.4th 215)—required Kaiser to prove—in addition to its well-established burden under the framework set forth in McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792—that “the procedure by which the employee was terminated” was “validly and fairly devised and administered to serve a legitimate business purpose.”

On May 14, 2007, the Court of Appeal affirmed the judgment in Kaiser’s favor. In so doing, the court adopted Kaiser’s argument that the Gemini Aluminum and Hanson cases had actually misread dicta from an earlier case, Martin v. Lockheed Missiles & Space Co. (1994) 29 Cal.App.4th 1718, to imply the existence of an additional “fairness” burden as part of the McDonnell Douglas analysis. In addition, the court elaborated on the principle, stated cursorily in an earlier case, that temporal proximity, without more, would not create a triable issue on pretext so as to allow an employee to survive summary judgment.

Three days later, the court also certified the Loggins opinion for publication, thus establishing another binding employer-friendly precedent in California.

07-25-2007

Rawle & Henderson Adds Three Attorneys in the Commercial Motor Vehicle Section
Brian P. Blake, has joined the Firm’s Marlton, N.J. office. Brian earned a B.S. degree from Ursinus College in 2000. He graduated from Hofstra University School of Law in 2003, where he was a member of the Hofstra Labor & Employment Law Journal and received the Commercial Law Course Award at graduation.

He is admitted to practice in New York and New Jersey as well as the U.S. District for New Jersey and the U.S. District Court for the Eastern and Southern Districts of New York.

Louis Dobi, Jr., will be joining our New Jersey office. Lou received his J.D. from Temple University School of Law in 2001. He is admitted to practice in the states of New Jersey, Pennsylvania, and Maryland as well as U.S. District for the Eastern District of Pennsylvania.

Lou is a member of the Pennsylvania Bar Association and the American Bar Association. In 2005 and 2006 Law & Politics Magazine recognized him as a Pennsylvania Rising Star.

Philadelphia – CMV Member

Damaris L. Garcia, has joined the Firm’s Philadelphia office. She earned a B.S. degree from Duquesne University in 2000. Damaris graduated from Duquesne University School of Law in 2003.

Damaris is admitted to practice in the state of Pennsylvania as well as the U.S. District Court for the Eastern District of Pennsylvania. She is a member of the Pennsylvania Bar Association, American Bar Association, and the Defense Research Institute. She is fluent in Spanish.

07-25-2007

Kirsten Small to Lead Nexsen Pruet's Appellate Practice
Kirsten E. Small, who served as senior law clerk for the Honorable William W. Wilkins, Chief Judge of the U.S. Fourth Circuit Court of Appeals, has joined Nexsen Pruet’s Greenville office and will help to expand the firm’s appellate practice in state and federal courts.

Small served with Judge Wilkins in 1994-1995 before assuming the senior clerk position, which she has held since 1996. She also clerked with Fourth Circuit Judge Karen Williams for a year. Her experience touches on a number of areas, including commercial litigation, labor and employment, and alternative dispute resolution.

“Kirsten has a terrific understanding of the appellate process,” said board member, David Gossett, of Nexsen Pruet’s Greenville office. “She’s seen it from the inside, and knows how to prepare, handle, and argue an appeal.”

Small earned her undergraduate degree from Whitman College in Walla Walla, Washington, and her law degree from the Georgetown University Law Center in Washington, D.C.

07-25-2007

Luce Forward Adds Experienced Attorney Monique R. Tayyab to its Tenant-in-Common Specialization
Attorney Monique R. Tayyab recently joined Luce Forward as an associate in the firm’s downtown San Diego office.

As part of Luce Forward’s Business / Corporate practice group, Tayyab will focus specifically on tenant-in-common (TIC) syndications. Luce Forward is widely recognized as a TIC industry leader, with attorney Darryl Steinhause, who pioneered the legal structure for the modern tenant-in-common syndication model more than ten years ago, leading the firm's TIC practice.
“Our tenant-in-common practice has earned the distinction of being one of the best in the country," said Robert J. Bell, Luce Forward's Managing Partner. "We are thrilled to have Monique join the firm and are confident that her knowledge and abilities will support the growth we consistently see within that specialization.”

Tayyab has a strong tax background at the federal, state and local levels and specializes in corporate transactions and estate planning, including the drafting of all necessary documentation. She is also experienced in advising clients on entity selection and the formation of C corporations, S corporations, limited partnerships, LLCs and non-for profit corporations, among others.

“I am excited to be a part of Luce Forward and the TIC practice in particular,” Tayyab said. “There are very few people in the country who specialize in this discipline, so it is a great opportunity for me to be part of a highly regarded practice.”

Prior to joining Luce Forward, Tayyab was an associate attorney at Anthony J. Madonia & Associates in Chicago, Ill. Tayyab received a Juris Doctor degree from the University of Illinois College of Law, a Master of Business Administration degree from Saint Ambrose University in Davenport Iowa, and a Bachelor of Arts degree from the University of California, Los Angeles

07-25-2007

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