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Sycamore Networks Wins Dismissal of Stock Options Backdating
Skadden attorneys won dismissal of a shareholder derivative lawsuit alleging stock options backdating for client Sycamore Networks, Inc., in the Delaware Court of Chancery. The potentially pivotal decision, issued on June 7, is one of the first court rulings on backdating, which has been alleged at dozens of U.S. companies over the past two years. Skadden attorneys in Boston and Wilmington, Del., represented Sycamore, a Massachusetts-based manufacturer of optical switches for telecommunications service providers. The Court ruled that the allegations by the plaintiff were insufficient in suggesting that the defendants were involved or had knowledge of backdating. The court ruled that the plaintiff failed to allege facts creating "a rational inference that the directors knowingly approved backdated grants of options." Indeed, the Court stressed that a plaintiff cannot plead a substantial likelihood of personal liability absent particularized allegations of a culpable state of mind: "Directors are protected from liability in a situation when they did not act with scienter."

06-30-2007

American Lawyer Places Robins, Kaplan, Miller & Ciresi L.L.P. on the A-List
Robins, Kaplan, Miller & Ciresi L.L.P. is pleased to announce that the firm has again been named to The American Lawyer's A-List in the magazine's July issue. The firm was previously included in the 2004 list, which has been annual since 2003. The A-List measures and honors the top 20 law firms with the highest rankings across the board for performance in revenue per lawyer, pro bono, associate satisfaction, and diversity.

"We are extremely honored to be a part of this elite group once again," said Michael V. Ciresi, the firm's chairman of the executive board. "It is the commitment of our attorneys and support staff to providing the highest level of legal services to our clients and in contributing to the communities in which we live and work that makes this recognition possible."

"The list reflects our most important values -- in our pro bono work, in our commitment to diversity, and in our associates. It's a privilege to serve our community and our clients, and we are proud to be recognized for it," said Steven Schumeister, the firm's managing partner.

06-30-2007

As Independent Monitor, Partner Joshua W. Martin III Issues Initial Report on Initiative to Improve Inmate Health Care in Delaware
In May 2007, Potter Anderson partner Joshua W. Martin III was jointly selected by the Delaware Department of Correction (DOC) and the United States Department of Justice (DOJ) to serve as the Independent Monitor in overseeing the progress of DOC in satisfying the requirements of a 2006 Memorandum of Agreement (MOA) between DOC and DOJ relating to prison medical and mental health care in four DOC institutions. As Independent Monitor, Mr. Martin leads a team of medical and mental health professionals in providing monitoring and technical assistance to the DOC. The team will also evaluate the DOC’s compliance with the Agreement’s requirements relating to DOC policies and procedures, recordkeeping, medication and laboratory orders, staffing and training, screening and treatment, access to care, chronic disease care, medication management, emergency care, mental health care, suicide prevention, and quality assurance. Associate Suzanne M. Hill serves on the monitoring team.

As Independent Monitor, Mr. Martin is required to issue semi-annual reports on the DOC’s progress. The first report was issued on June 29, 2007.

06-30-2007

Three Sedgwick Partners Selected as Fellows of the American Bar Foundation
Los Angeles partner David M. Humiston, chair of Sedgwick’s Healthcare practice; New York Intellectual Property practice partner Joshua Paul; and New York Healthcare practice partner Michael H. Bernstein were elected as Fellows of the American Bar Foundation, a preeminent supporter of scholarly sociolegal research.

Membership in the Fellows recognizes an attorney’s outstanding professional achievements and adherence to the legal profession’s highest principles. This honor is limited to one third of one percent of lawyers licensed to practice in any given jurisdiction. Members are nominated by Fellows in their jurisdiction and elected by the Board of the American Bar Foundation.

Founded in 1952 by the American Bar Association, the American Bar Foundation is an independent, nonprofit national research institute committed to objective, empirical research on law, legal institutions and legal processes. Research is conducted by an interdisciplinary staff of Research Fellows trained in diverse fields such as law, sociology, psychology, political science, economics, history and anthropology. The foundation's work is supported by the American Bar Endowment, American Bar Foundation Fellows and research grants from private foundations and government agencies.

The Fellows is an honorary organization of attorneys, judges and law professors whose professional, public and private careers have demonstrated exceptional achievement and a dedication to the welfare of their communities.

06-30-2007

Jones Day Advises Atlas Energy Resources in $1.26 Billion Acquisition
Jones Day advised Atlas Energy Resources, LLC in its $1.258 billion acquisition of DTE Gas & Oil Company, a wholly-owned subsidiary of DTE Energy Company.

DTE Gas & Oil Company owns interests in approximately 2,150 natural gas wells producing from the Antrim Shale, located in Michigan's northern lower peninsula.

Atlas Energy Resources is an energy company focused on the development and production of natural gas and, to a lesser extent, oil principally in the Appalachian Basin. Atlas Energy sponsors and manages tax advantaged investment partnerships, in which it co-invests, to finance the exploration and development of its acreage.

The Jones Day team was led by Houston partner Jeff Schlegel along with associate James E. Vallee, and included: Dallas office partner Todd Wallace and associates Debra K. Simpson, Linda C. Hargrove, Eric N. McKay, Robert J. Jud and Karen H. Currie; Chicago office partner Timothy J. Melton and associate Michael P. Earley; Washington office partner Tom D. Smith and associate William Kearney; and Houston partner Mark Metts.

06-30-2007

Jones Day's Labor & Employment Practice Ranks #1 Nationally in 2007 Chambers USA Guide
Chambers USA 2007 Guide to "America's Leading Lawyers for Business" ranked Jones Day's Labor & Employment practice #1 in the United States. Chambers USA 2007 rankings also recognized 13 Jones Day Labor & Employment partners throughout the United States as well as the Firm's Labor & Employment practices in the D.C., Ohio, Georgia, Illinois, New York, and Texas offices.

Jones Day's Leading Labor & Employment lawyers in the Chambers USA Guide included:

Dan T. Carter (Cleveland)
Amy E. Dias (Pittsburgh)
Lawrence C. DiNardo (Chicago)
Willis J. Goldsmith (New York)
George S. Howard, Jr. (San Diego)
G. Roger King (San Diego/Columbus)
Andrew M. Kramer (Washington)
Matthew W. Lampe (Columbus)
Barbara J. Leukart (Cleveland)
Alison B. Marshall (Washington)
Ted D. Meyer (Houston)
Deborah C. Saxe (Los Angeles)
Deborah A. Sudbury (Atlanta)

The qualities on which Chambers' rankings are assessed include technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by clients. For the current USA directory, more than 14,000 interviews with in-house and outside counsel were conducted over a period of six months.

06-30-2007

Chambers USA Recognizes Jones Day M&A Partners Among "America's Leading Business Lawyers;" National and State Practices also Cited
The 2007 edition of the Chambers USA Guide to America's Leading Lawyers for Business cites Jones Day’s Mergers & Acquisitions Practice as one of the leading such practices in the U.S. This is the first time Chambers USA has ranked M&A practices at a national level. Chambers’ 2007 USA rankings, released this month, also recognize the Firm’s M&A practice at the state level in Georgia, Illinois, New York, Ohio, and Texas.

The following Jones Day M&A Partners are listed as leading lawyers in the 2007 Chambers USA Guide:

Mark E. Betzen (Dallas)
Lyle G. Ganske (Cleveland)
Elizabeth Clough Kitslaar (Chicago)
Troy B. Lewis (Dallas)
Robert A. Profusek (New York)
Lizanne Thomas (Atlanta)

The qualities on which Chambers' rankings are assessed include technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by clients. For the current USA directory, over 14,000 interviews with in-house and outside counsel were conducted over a period of six months.

06-30-2007

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