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Littlewood gets victory in trial involving breach of real estate sales agreement
"McCormick Barstow attorney, William H. Littlewood, received a verdict on behalf of his clients in a trial involving the breach of a real estate sales agreement.

This action arose from a ""Lease with Option to Purchase"" agreement pertaining to real property in Southeast Fresno County. In this case, Littlewood’s clients alleged that the Defendants breached the Lease with Option to Purchase agreement when they failed and refused to sell the property per the terms of the agreement. Littlewood’s clients further alleged that the Defendants breached the agreement by interfering with their efforts to exercise their option rights, breached the implied covenant of good faith and fair dealing, and committed fraud in connection with the agreement.

After deliberating much of Friday afternoon, the jury ruled in favor of Littlewood and his clients, who received a verdict in excess of $366,000. The trial, which lasted five days, was held in Fresno Superior Court, with the Hon. Steve Henry presiding.

William H. Littlewood is a partner in McCormick Barstow’s Fresno office, and is a member of the Litigation Practice Group. McCormick Barstow is a full-service firm with offices in California, Nevada and Ohio. For more information about William H. Littlewood or McCormick Barstow, log onto www.mccormickbarstow.com."

06-29-2007

Court of Appeal rules in favor of Whitney and Buchanan
"In a published opinion, The Court of Appeal has affirmed a favorable judgment obtained by McCormick Barstow attorneys Marshall C. Whitney and Timothy J. Buchanan in a real estate dispute involving Fresno's Woodward Park Regional Library, built in 2004.

The case is NMSBPCSLDHB v. County of Fresno, ___Cal. App.4th ___(2007). The firm's client, the County of Fresno, bought the land for the library from the plaintiff, a partnership headquartered in the Bay Area. The plaintiff contended the County promised the library design would ""match"" the architecture of a commercial retail complex the plaintiff was building on the adjacent parcel. The County disputed this and relied on the language of the written contract. The County Board of Supervisors approved a design that later won awards in architectural circles but evidently was not acceptable to the plaintiff.

The trial court denied the plaintiff's demand for a jury trial because of the type of relief sought, and after hearing six days of evidence and argument decided in the County's favor. On appeal, the Fifth District (located in Fresno) upheld the trial court in all respects, including the denial of a jury trial. The court published its decision which is not yet final pending possible review in the Supreme Court. Buchanan, who argued the case in the trial court and on appeal, said that further review is unlikely but advised checking the status of the opinion before citing it to a court.

Marshall C. Whitney and Timothy J. Buchanan are partners in the Fresno office of McCormick Barstow LLP, and are both members of its Litigation Practice Group. For more information about Marshall Whitney, Timothy Buchanan or McCormick Barstow, visit us on line at www.mccormickbarstow.com."

06-29-2007

ZS Fund Portfolio Company, Smith-Cooper, Closes Add-On Acquisition
Blank Rome advised Smith-Cooper International L.L.C., a portfolio company of ZS Fund LP, in its recent purchase of substantially all of the assets of Sharon Piping & Eqpt. Inc. The transaction closed on June 29, 2007, and the terms were not disclosed.

Smith Cooper is a leading U.S. importers of pipes, valves, fittings, and other ancillary products. Their products are used in piping systems in a number of different end-markets, including industrial manufacturing facilities, commercial and residential buildings, power plants, chemical plants, water works, mobile homes, and irrigation and fire sprinkler systems.

New York–based ZS Fund LP is a private equity firm engaged in making long-term investments in successful middle-market companies. Since 1985, they have focused on transactions that provide liquidity to business owners while enabling them to maintain significant ownership stakes and keep their companies independent.

The Blank Rome team was led by Gary R. Goldenberg, Louis M. Rappaport, and Mathew S. Rotenberg, and included Cory G. Jacobs, Brett J. Schulman, Kevin M. O'Malley, Erik T. Hoover, Margaret A. Hill, and law clerk Katherine A. Mastrobuoni.

06-29-2007

Four Goldberg Kohn Attorneys Named 2007 Trial Lawyer of the Year Finalists
The Trial Lawyer for Public Justice Foundation (TLPJ) named David Chizewer, Frederick Cohen, Chad Blumenfield and Ann Chen as Trial Lawyer of the Year Finalists. This is the second year in a row Fred Cohen and David Chizewer have been nominated. The two were selected in 2006 for their work in achieving a groundbreaking settlement in Memisovski v. Maram. They were chosen this year for their work on United States ex rel. Tyson v. Amerigroup Corporation. In this case, a jury awarded the largest verdict ever in a false claims lawsuit, at least $144 million, against Amerigroup Corporation and its Illinois health plan for defrauding the Medicaid program by discriminating against people on Medicaid based on their health status, including expectant mothers in their third trimester. To read more about this case, please click here.

The Public Justice Foundation presents this award every year to the attorney or attorneys who have made the most outstanding contribution to the public interest through precedent-setting litigation.

06-29-2007

OMM Represents Telephia Inc. in Acquisition by The Nielsen Company
O'Melveny & Myers LLP is advising privately held San Francisco-based Telephia, Inc., the leading provider of syndicated consumer research to the telecom and mobile media markets, in its acquisition by The Nielsen Company. This transaction will enhance Nielsen's ability to provide clients worldwide with the most accurate measurement and analysis of consumer behavior and media use.

Terms of the transaction (which are subject to regulatory approval) were not disclosed. The deal is expected to close in the third quarter of 2007.

The O'Melveny & Myers' team included Silicon Valley's Steve Sonne, John Mills, and Nancy Walker, with IP support from Will Chuang, tax support from San Francisco's Peter Ritter, and executive compensation support from Newport Beach's Warren Fox.

06-29-2007

Supreme Court Grants Permission for Rehearing in Guantanamo Case
This morning the Supreme Court of the United States issued a remarkable order in Boumediene v. Bush, No. 06-1195, a pro bono case in which WilmerHale represents six Bosnian-Algerian men who have been imprisoned without charge at Guantanamo Bay since January 2002. The Supreme Court previously had denied certiorari on April 2, and we petitioned for rehearing. On the last day of its Term, the Court granted our petition for rehearing, vacated its prior order, and granted certiorari. The case will be briefed this summer and argued this fall.

The case challenges as unconstitutional a 2006 law that purported to strip federal court jurisdiction over habeas corpus petitions from Guantanamo Bay prisoners. The case also asks the Court to determine that WilmerHale’s clients' habeas petitions demonstrate that their detention is unlawful and that they are entitled to release or, at the very least, a hearing on the merits.

The Supreme Court's decision to rehear a denial of certiorari is extremely rare—it has happened only a few times in the last one hundred years. This is a major positive development in a case that presents the Court with the opportunity to address some of the most important constitutional issues of our time.

The firm's Guantanamo representation began in 2004 and is a firm-wide effort that includes numerous lawyers in several of our US and European offices. The US litigation team includes Stephen Oleskey, Rob Kirsch, Seth Waxman, Paul Wolfson, Doug Curtis, Mark Fleming, Joseph Mueller, Pratik Shah, Paul Winke, Lynne Campbell Soutter, Julian Davis Mortenson, Jeffrey Gleason and Lauren Brunswick.

06-29-2007

WolfBlock Assistant General Counsel Named to Hearing Committee of PA Disciplinary Board
WolfBlock is pleased to announce that Tamara L. Traynor, who recently joined the firm as Assistant General Counsel, has been appointed a Hearing Committee Member to serve the Disciplinary Board of the Supreme Court of Pennsylvania for a three-year term beginning July 1, 2007.

The Disciplinary Board is an independent agency funded by the Supreme Court of Pennsylvania and consists of 16 members (14 attorneys and two non-lawyers) from across the state. It assists the Supreme Court in carrying out its exclusive jurisdiction over the licensing and discipline of attorneys in Pennsylvania. The members meet regularly to decide cases, policies and board administrative matters.

Hearing Committee Members are lawyers who are appointed to three-year terms and can be reappointed once. They serve on a voluntary, unpaid basis. Each of the four districts has Hearing Committees composed of three-member panels, and the Committees hear cases and review files concerning attorneys located within that district. Traynor will be serving in District I.

At WolfBlock, Traynor helps oversee WolfBlock's ethics, loss prevention and risk management functions. She earned her J.D. from Temple University School of Law, where she was cofounder and executive editor of Temple Political and Civil Rights Law Review, and her B.A. from the University of Michigan.

06-29-2007

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