Law Firm News

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Law Firm News

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Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P.

Windhorst Elected to Jefferson Performing Arts Society Board of Directors
Jones Walker partner Judith V. Windhorst has been elected to the Board of Directors for the Jefferson Performing Arts Society. JPAS is a non-profit corporation dedicated to arts education and cultural enrichment for the New Orleans region. Founded in 1978, JPAS has grown from a community choral group to an award-winning agency with three main divisions: educating, presenting, and producing. Its mission is to support, sponsor, and promote the performing arts in Jefferson Parish and the Gulf South.

06-26-2007

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Hogan & Hartson LLP

Hogan & Hartson Attorneys Successfully Defend New York Post and Reporter Against Libel Suit From Former NBA Star
Attorneys with Hogan & Hartson LLP successfully argued for a dismissal of a $40 million lawsuit brought against the New York Post and a sports reporter for the newspaper. The lawsuit was brought against the paper and the reporter by former basketball player Latrell Sprewell.

Sprewell had argued that four articles in 2002, published when Sprewell was a member of the New York Knicks, defamed him when reporting on the source of an injury. In dismissing the suit, the New York Appellate Division, First Department ruled that the reporter not only relied upon confidential sources, but also made numerous other efforts, including contacting several other sources, in order to verify the articles. As a result, the appeals court determined Sprewell did not make the required showing of malice, and dismissed the case.

Hogan & Hartson New York partner Slade Metcalf led this matter along with Jason P. Conti, an associate with the firm's New York office.

06-26-2007

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Chadbourne & Parke LLP

Ten Chadbourne Attorneys Honored by Legal Services for New York City
Ten Chadbourne & Parke LLP attorneys have been honored for their work on pro bono matters by Legal Services for New York City.

Seven of the attorneys were recognized for their representation of two Brooklyn homeowners in a case involving a fraudulent mortgage-foreclosure "rescue" scam. Chadbourne filed a lawsuit in which the plaintiffs are alleging they were victims of a mortgage-foreclosure "rescue" scheme that defrauded them out of ownership of their home.

The attorneys honored on June 13 were partners Thomas E. Riley and Garyowen P. Morrisroe, as well as associates Philip A. Pfeffer, Cassandre L. Charles, Robert E. Conrad, Kate Fitzpatrick and Benjamin C. Rubinstein. Wale Bakare, a legal assistant, was also honored.

Also honored at the event were former Chadbourne pro bono partner Bernard McCarthy, now of counsel to the Firm, honored for pro bono work on housing; counsel Nancy Montmarquet, for family law; and associate Gavin Orman, for housing.

In the mortgage foreclosure case, Chadbourne, working pro bono with South Brooklyn Legal Services, alleged that several defendants tricked the plaintiffs into signing over their deed to a third party, who then re-financed the property for a much higher amount. The homeowners lost title to the property, their equity was stripped away and the funds were diverted by the defendants.

According to the complaint, on October 1, 2004, plaintiffs were misled into signing over their home and, unbeknownst to plaintiffs, a new mortgage for $378,000, an increase of more than $85,000 over the previous mortgage, was taken out on the house. The proceeds from this "sale" were converted and disbursed to third parties unknown to plaintiffs.

Plaintiffs brought the action against the lending company, as well as mortgage brokers, lawyers and other individuals who are alleged to have played vital roles in the scam. The case is pending in State Supreme Court of New York, Kings County.

06-26-2007

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Bracewell & Giuliani LLP

Robert Sheeder Inducted by The College of Labor and Employment Lawyers
Bracewell & Giuliani LLP partner Robert E. Sheeder has been elected as a new fellow by The College of Labor and Employment Lawyers.

The College was established in 1995 through an initiative of the Council of The Section of Labor and Employment Law of The American Bar Association. It operates as a free-standing organization recognizing those who, by long and outstanding service, have distinguished themselves as leaders in the field.

The installation ceremony will take place on November 10 in Philadelphia.

Mr. Sheeder graduated cum laude from the University of Michigan Law School in 1976. For more than 30 years, he has represented management in all aspects of labor and employment law before federal and state agencies and courts. His practice includes litigation and counseling of management on areas including discrimination, harassment, collective actions and class actions, union organizing and wage-hour issues.

06-26-2007

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Bracewell & Giuliani LLP

Bankruptcy Practice Obtains Favorable Texas Ruling for Professionals
When large companies file Chapter 11 bankruptcy petitions, they often look to Delaware or New York for venue. However, venue in Delaware and New York may be harsher on professionals than a Texas venue. In April, Cygnus Oil and Gas Corporation filed its petition in the Houston Division of the United States Bankruptcy Court for the Southern District of Texas. While the case is ongoing, a significant ruling should have Texas bankruptcy lawyers taking note.

On May 29, US Bankruptcy Judge Marvin Isgur signed a memorandum opinion in which he found Bracewell to be a disinterested person as outlined in section 101(14) of the Bankruptcy Code. Consequently, Bracewell was able to represent Cygnus as counsel in its Bankruptcy proceeding, despite the fact that a Bracewell lawyer had earlier been on the Cygnus Board of Directors. The Court held that the disinterestedness of a former Board Member was not imputed to the entire firm. This decision is directly opposite the decision rendered in the Delaware Bankruptcy Court in In re Essential Therapeutics, Inc., 295 B.R. 203 (Bankr. D. Del. 2003), where the bankruptcy court expressed concerns that under the “current climate of distrust of officers and directors,” the officers of debtors may be subjected to interrogation based on their role in debtors thereby rendering it “impossible” for a firm in which an officer was a member to “adequately represent the Debtors’ interests. . .” The Cygnus decision also runs contrary to In re Vebeliunas, 231 B.R. 181 (Bankr. S.D.N.Y. 1999), which adopts the "general rule" that "when one member of a firm is disqualified, all members of that firm must be disqualified."

Bracewell partner Henry J. Kaim believes the firm probably would not have been approved to serve as counsel in the Cygnus case if it had been filed in Delaware or New York. "Because of the volume of these types of cases being filed there, companies incorrectly perceive the Delaware and New York Courts to be more experienced," said Mr. Kaim. "The courts in Houston and Texas are very experienced and capable."

Additionally, the case illustrates the potential to overcome the unintended hurdles presented as law firms get bigger and the likelihood increases that one or more partner might have previously been on the board of a company that the firm represents. Texas courts are sophisticated and capable, and that is good news for Texas lawyers and businesses.

06-26-2007

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Adams & Reese LLP

David M. Barron Appointed to FEMA National Advisory Council
David M. Barron, a Governmental Relations Advisor (non-lawyer) in the Washington, D.C. office of Adams and Reese, has been appointed to serve a one-year term on the Federal Emergency Management Agency (FEMA) National Advisory Council. In this capacity, Barron and other Council members will help ensure effective and ongoing coordination of the federal preparedness, protection, response, recovery and mitigation for natural disasters, acts of terrorism, and other man-made disasters. Specifically, the Council will focus attention on the development and revision of the national preparedness goal, the national preparedness system, the National Incident Management System, the National Response Plan, and other related plans and strategies.

The development of the National Advisory Council was set into motion by the Post-Katrina Emergency Management Reform Act of 2006. Members are appointed by the Administrator and represent a geographic and significant cross section of officials from emergency management and law enforcement, and include homeland security directors, adjutants general, emergency response providers from state, local, and tribal governments, private sector, and nongovernmental organizations.

“These experts in the field of emergency preparedness and response will bring new and unique perspective to the Department,” said Homeland Security Secretary Michael Chertoff. “We welcome their service and look forward to their valuable contributions and innovative ideas in emergency management.”

Barron, who was selected for the Communications Category, is a member if the firm’s Governmental Relations Practice Team. He has more than three decades of experience in telecommunications and has extensive experience in other areas including National Security, Homeland Security, Emergency Preparedness and Business Continuity Planning. He has worked closely on such matters with numerous Federal Executive agencies including the White House, the Department of Homeland Security, the Department of Defense and the Federal Communications Commission (FCC).

Prior to joining the firm, Barron served as Assistant Vice President for BellSouth Corporation (ATT) in Washington D.C. where he directly supported BellSouth’s Chairman and CEO and was responsible for the company’s National Security matters. He served as the Chairman of the Industry Executive Subcommittee (IES) of the National Security Telecommunications Advisory Committee (NSATC) and served as the Chairman of the Department of Homeland Security’s Communications Sector Coordinating Council. He also worked with congressional delegations in Louisiana, Mississippi and other delegations assigned to working on homeland security and national security matters.

06-26-2007

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Adams & Reese LLP

Twelve Nashville Partners Honored Among “Best of the Bar” by Nashville Business Journal
Twelve partners in the Nashville offices of Adams and Reese have been named to the Nashville Business Journal’s “Best of the Bar” listing for 2007. Adams and Reese attorneys led area firms in the number of attorneys selected. They were chosen through a peer-based nomination process in which members of the Nashville legal community identified the “Best of the Bar” in more than two-dozen practice areas.

This year’s “Best of the Bar” honorees include:

Cynthia Mitchell Barnett (Public Finance)
R. Mitch Boult (Intellectual Property)
Martin S. Brown, Jr. (Corporate / Securities Law)
Charles W. Cook III (Business Litigation)
Charles F. Gay, Jr. (Business Litigation)
Joe Goodman (Estate Planning & Tax)
D. Reed Houk (Commercial Real Estate)
Richard Holton (Estate Planning & Tax)
Linda Edell Howard (Entertainment)
Lynn Morrow (Entertainment)
Larry Stewart (Bankruptcy)
Gif Thornton (Government Relations)

06-26-2007

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