Law Firm News

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Hiscock & Barclay, LLP

U.S. Ambassador H. Douglas Barclay Returns to Hiscock & Barclay, LLP
H. Douglas Barclay has rejoined the 185-attorney firm of Hiscock & Barclay, LLP following his three-year appointment by President George W. Bush to United States Ambassador to El Salvador. Barclay was a name partner of the Firm until 2003, when he accepted the foreign post.

During his term as Ambassador, El Salvador became the first Central American country to adopt the Central American Free Trade Agreement (CAFTA), and the United States and El Salvador entered into an agreement with U.S. Millennium Challenge Corporation for a massive economic development program to alleviate poverty in the country. Since the inception of CAFTA, trade between the two countries has increased significantly. During Barclay’s tenure, a hotly contested national election was held in 2004 and Antonio Saca was elected President. Under President Saca’s leadership, the U.S. and El Salvador have continued excellent bi-lateral relationships. El Salvador, a member of the Iraq Coalition, has troops stationed in Al Kut which Barclay visited in December 2006 to thank them for their valor and participation.

Hiscock & Barclay Partners recently hosted a welcome back gala for Ambassador Barclay at the Lodge at Welch Allyn in Skaneateles Falls, New York with his former partners and many close friends and community leaders present to celebrate his return. Barclay will use his 25-year career in public service and continued affiliation with the Firm to advise and assist clients operating in the United States and abroad.

Barclay practiced with the Firm for over 40 years, from 1961 – 2003. He served in the New York State Senate from 1965-1984 and is well-known for his sponsorship of major legislation in housing, criminal justice, court reform and economic development – particularly the establishment of the Urban Development Corporation, known today as the Empire State Development Corporation. Barclay has participated as Director, Officer, and General Counsel to many local companies and national corporations, notably as General Counsel and Founding Director of Key Corp (1971-1989). In 1990 he was appointed by George H.W. Bush to the Board of Directors of the Overseas Private Investment Corporation (OPIC). He is the former Chair of the Board of Trustees of Syracuse University, and presently serves as Trustee Emeritus for the University. He is also Chairman Emeritus of the Syracuse Metropolitan Development Association.

Barclay is a graduate of Syracuse University College of Law (J.D., 1961) and Yale University (B.A., 1955). He has received many awards, including a number of honorary degrees. While serving as Ambassador, Barclay was presented with the Noble Amigo de El Salvador award by the El Salvadorian National Congress in 2006 and the Republic of El Salvador Award of the Orden Nacional Jose Matias Delgado en el Grado de Gran Cuze de Plata in 2007.

06-26-2007

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Womble Carlyle Sandridge & Rice, PLLC

Attorney Peter Gutmann Honored For Music Criticism
Womble Carlyle attorney Peter Gutmann has an ear for music, as well as an eye for the law.

Gutmann has been honored by the Society for Professional Journalists with a Second Place Dateline Award for Excellence in Local Journalism in the Weekly Arts Criticism category. This is the fifth time in six years that the Society has honored Gutmann’s work in music criticism. He received his award at the Society’s annual awards ceremony, held June 12th at the National Press Club in Washington, D.C.

The award-winning piece was a May 29, 2006, article on composer Gustav Mahler's Fourth Symphony entitled "A Symphony Without Notes." The article originally appeared in Legal Times and an expanded version of the article is available online.

Gutmann is a regular music columnist in Legal Times and has been writing about classical music regularly since 1998. His collection of classical CDs and LPs numbers in the thousands.

In addition, Gutmann has established a Web site http://www.classicalnotes.net/, to chronicle his long-standing love of classical music. The Web site includes his published articles, as well as numerous other reviews and opinion pieces on the subject of classical music.

Gutmann is a respected, experienced attorney in the field of telecommunications law. He practices in Womble Carlyle’s Washington, D.C., office.

06-26-2007

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White & Case, LLP

White & Case Partner Appointed Administrator in Restructuring of Schieder Möbel
Dr. Sven-Holger Undritz, a partner at White & Case and insolvency administrator appointed by the Local Court of Hamburg since 1998, has today been appointed as bankruptcy administrator for Schieder Möbel Holding GmbH the holding company of the Schieder Group, Europe's largest furniture manufacturer. Yesterday, various subsidiaries of the Schieder Group in Germany filed for insolvency with the District Court in Detmold. In addition, insolvency proceedings concerning the assets of the parent company Schieder Möbel Holding GmbH, opened today through a ruling from the Detmold District Court. The Schieder Group employs more than 11,000 staff at a total of 41 locations across Europe and Asia, with a particular concentration in Poland. Schieder products are delivered to over 5,000 customers in 60 countries around the world.

Dr. Undritz was first appointed as interim bankruptcy administrator on June 15 by the Local Court of Detmold and has instigated a series of reorganisational measures since then. His role is to maintain and continue the business operations of Schieder Möbel, with the longer-term objective of reorganising the Schieder Group.

Last week, negotiations concerning the sale of the entire Schieder Group collapsed. The interim management had worked on a solution with several potential investors, but talks did not result in a positive outcome. Potential investors point out that it is currently impossible to calculate bad debt and the risk ensuing from alleged balance sheet manipulations by past management. Nevertheless, there is still interest on the part of several investors in acquiring major holdings from the Schieder Group. A bidding process for all subsidiaries affected has already been initiated by Dr. Undritz and his colleagues.

Consequently, Dr. Undritz believes that there is still an opportunity to save jobs in Germany. "It's now a matter of holding the Group together and quickly finding investors who will purchase major holdings from Schieder to get it out of insolvency. A purchase made through insolvency proceedings considerably minimizes the risk for investors," explained Dr. Undritz.

In addition, a further focus is the prompt supply of goods to customers, "The warehouses are full, so the distribution bottleneck has to be resolved," added Dr. Undritz.

Insolvency filings have not been made for a number of profitable subsidiaries of Schieder Möbel Holding GmbH, based in Switzerland, Lichtenstein, Italy, Bosnia-Herzegovina, and also in Germany and Poland. For many years, these subsidiaries have effectively been separate from the rest of the Schieder Group in terms of finance and operations.

"We now have to do everything possible in order to maintain the value of these subsidiaries, especially the one in Lichtenstein," explained Dr. Undritz. However, any reorganisation will only succeed if the creditors disregard short-term valuation measures, otherwise even the healthy subsidiaries will be threatened with closure. Talks are already being held with financial creditors on this matter. Internationale Möbel-Selection IMS AG in Bendern, Lichtenstein is one of the leading companies in the development, production and sale of furniture in Europe.

Dr. Undritz is a leading bankruptcy administrator in Germany and has extensive experience in the continuation and reorganisation of companies in the context of bankruptcy proceedings' having assisted 250 companies during insolvency, including PopNet Internet AG, a company listed on Germany's junior stock market Neuer Markt, and the ship accessory supplier Triton Format GmbH.

06-26-2007

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Vinson & Elkins L.L.P.

World Bank Climate Change Senior Counsel Joins V&E
Prominent environmental lawyer Christopher K. Carr, a former senior counsel at the World Bank, is rejoining Vinson & Elkins LLP as a Counsel and co-chair of the international law firm’s expanded Climate Change Practice Group.

Mr. Carr, who will be based in V&E’s Washington, D.C. office, served as a senior legal advisor for the World Bank’s Carbon Finance Unit and advised the Bank on matters related to the Kyoto Protocol’s Clean Development Mechanism and Joint Implementation provisions.

A 1996 graduate of the Columbia University School of Law, Mr. Carr joins a team of 41 lawyers based in Austin, Beijing, Dallas, Dubai, Houston, London, Moscow, New York, and Washington, D.C. who are part of V&E’s Climate Change Practice Group.

"Chris Carr has substantial experience dealing with carbon funds and in related climate change issues," said V&E partner Kevin Gaynor, a former lawyer at the federal Environmental Protection Agency who co-chairs the firm’s Climate Change Practice Group with Mr. Carr. "At the World Bank, Chris handled legal issues for several of the Bank’s large carbon funds. He joins a very experienced team that has expertise in project finance, renewable fuel projects, establishing carbon funds, handling environmental regulatory issues, and defending large companies involved in major climate change-related lawsuits."

Mr. Carr was a lawyer at Vinson & Elkins from 1998 to 2005. He lectures frequently on the subject of climate change, including a presentation in February 2007 at the NYU Environmental Law Journal colloquium called The Future of the American Legal Practice in the Regulation and Business of Greenhouse Gases. In June 2007, Mr. Carr gave a speech at the American Bar Association’s 35th National Spring Conference on the Environment that addressed Global Warming: How the Law Can Best Address Climate Change. He has spoken at other events nationally and internationally.

"V&E’s strong energy and environmental practices are an outstanding platform for providing advice in the climate change area," said Mr. Carr. "A tremendous momentum has been pushing the drive toward increased regulation of greenhouse gases. This momentum is being recognized by a growing number of major U.S. companies and financial institutions."

Mr. Carr said that "addressing climate change involves major shifts in energy use patterns."

"In doing so, it builds on related issues of energy security and long-standing desires for improvements in energy efficiency and ‘clean energy’ such as renewables," he said. "It also involves cutting-edge issues and technical innovations such as advanced coal generation and carbon capture and storage, where significant capital investments may be required, but equally significant benefits may arise.”

"Climate change regulation has the potential to impact virtually every U.S. economic sector," said Mr. Carr. "We need to get U.S. regulatory approaches right. This involves getting right both the overall regulatory structure, as well as crucially implementing details. An enormous amount of learning can be gained from international regulation and developments over the past several years, and these international developments can significantly help shape the U.S. regulatory process."

Mr. Carr points out that the international carbon market is large and growing, with estimates putting last year’s carbon market at over $30 billion. "Additional U.S. participation could increase the size of the market substantially," he said. "But there are complex issues that exist regarding structuring transactions and assessing risk in this rapidly evolving market. V&E is one of the few law firms that has the expertise to advise clients dealing with the wide range of legal issues related to climate change."

06-26-2007

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Shughart, Thomson & Kilroy, P.C.

Shughart Thomson & Kilroy Attorney Elected President LAKC-YLS
Young Lawyers Section. Sobba has served for four years as a board member with the organization before being voted president.

“This is a real honor for me,” said Sobba, an attorney with Shughart Thomson & Kilroy, P.C.
“I am excited about this year, and am looking forward to working with our board and membership to do some good work in the community.”

The Young Lawyers Section of the Lawyers Association of Kansas City works with lawyers under age 36 to perform public service projects in the community, to educate young attorneys through continuing education programs, and to provide networking opportunities for young attorneys. Some of the high-profile work they do includes the “Skippy and Skivvies Drive,” where lawyers collect diapers, peanut butter and donations for Operation Breakthrough; “Santa’s Snow Ball,” an evening holiday party for underprivileged children in Kansas City; the Youth Empowerment Summit (“YES”) where they coordinate dispute resolution training for middle school children in the Kansas City area; and the “Court Crawl,” where young lawyers are guided on a tour of the federal courthouse, county courthouse and court of appeals, and have the opportunity to hear remarks from Judges at each location.

“There is a great reward that comes from public service -- whether participating in the LAKC-YLS public service projects, or in the many other public service projects that are carried on by so many other organizations each day in KC. Our LAKC-YLS board likes to think of itself as a vehicle to connect young lawyers with public service opportunities. We have a fantastic board of directors in place this year, and we are very excited to continue the tradition of some of our more established service projects, while at the same time keeping an eye out for new projects that might be of interest,” said Sobba. “One goal is always to increase membership and attendance at LAKC-YLS events, and I think we are well on our way in that regard. Attendance and participation for the events we have hosted so far this year have been up, and I have no reason to believe that will change. We are focused on, and want to continue, the momentum.”

Sobba practices in the areas of business and construction litigation. He has been employed with Shughart Thomson & Kilroy since August of 2001. He earned his J.D. from KU and is a graduate of Kansas Newman College. Interestingly, Sobba started college with a different major in mind.

“As a kid, I actually thought I wanted to be a veterinarian. But I started working summers as a runner and general assistant for family friends that practiced law, and it seemed like an interesting profession to me,” said Sobba. Sobba clerked for Shughart the summer between his second and third years of law school, and then accepted a position with the Firm following the clerkship. “I think Shughart Thomson & Kilroy and Kansas City have been great places to call home. I’ve also been very fortunate to have the opportunity to work with so many good attorneys and many good service projects through involvement with the LAKC-YLS.”

Sobba played baseball for four years at Kansas Newman College, and now enjoys sports and golf as a busy attorney. When he isn’t practicing law or participating in sports, he likes to be outside. “In spare time, I like to do pretty much anything that will get me outdoors – whether it’s golf, mowing the lawn, landscaping, catching a Royals game at Kauffman, you name it. If it’s outdoors, chances are I’m in.”

06-26-2007

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Rumberger, Kirk & Caldwell Attorneys At Law

E-mails Are Risky Business" Leonard Dietzen Advises Florida Police Chiefs
As the prevalence of e-mail in business continues to grow, so too does an employer’s liability. Leonard Dietzen, a partner with the commercial litigation law firm Rumberger, Kirk & Caldwell, provided advice on “Avoiding E-mail Pitfalls” today to the Florida Police Chiefs Association.

Speaking at the 55th FCPA Annual Summer Conference & Exposition in Jacksonville, FL, Dietzen warned conference attendees about the damaging publicity and legal liability that can result from improper use of e-mail. Dietzen, a frequent lecturer on e-mail liability, shared proactive measures employers can take to prevent problems and minimize liability.

“Studies have found that fewer than half of all organizations have published policies on corporate e-mail use,” said Dietzen. “The first step toward protecting your organization is to adopt and train your employees on an effective e-mail policy.”

In addition to the training provided by Dietzen at the conference, FPCA offers its members an online course “to minimize the exposure every law enforcement agency faces when they use e-mail.” The course is offered through www.emailpitfalls.com, which was co-developed by Dietzen.

06-26-2007

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Milbank, Tweed, Hadley & McCloy LLP

Milbank Acts on $3.5 Billion Financing for Construction of World's Largest Independent Water and Power Plant
An agreement for the financing of the $3.5 billion Marafiq Independent Water and Power Project (IWPP) in Jubail, northeast of Saudi Arabia, has been signed. The international law firm Milbank, Tweed, Hadley & McCloy LLP represented the project lenders which provided $3.5 billion limited recourse financing, including lead arrangers BNP Paribas, Gulf International Bank and Samba, as well as the Korean Export Insurance Corporation.

The Marafiq facility is the world’s largest independent water power plant, replacing the $2.5 billion Shauibah project, which Milbank also advised on. The financing reached financial close last week, which will allow construction to begin through a consortium including General Electric, Hyundai and SIDEM. The Project Sponsors are Suez Energy, Arabian Company for Water & Power Projects, and Gulf Investment Corporation. The financing includes a $650 million facility guaranteed by the Korea Export Insurance Corporation (KEIC) and comprises the largest guarantee issued by KEIC. There is also a $600 million Islamic facility, the largest facility of its size to date in the power and water sector.

John R. Dewar, the London-based partner in Milbank’s Global Project Finance Group, commented, “This project, the largest privately financed water and power project currently under development, will contribute significantly to the Kingdom’s economic growth. The project will produce 2,750MW of electricity and 800,000 cubic meters of desalinated water per day.”

The Milbank team also included London associates Richard Keenan, Madeleine Welham, Alison Smith, James Orme, Daisy East and Asha Ghedia.

06-26-2007

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