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Zachary M. Rubinich Defends Suspension of Compensation Benefits before Pa. Supreme Court
Firm partner Zachary M. Rubinich received a favorable Order from the Supreme Court of Pennsylvania circulated on May 25, 2007, in which the Court denied a Claimant's Petition for Allowance of Appeal. By way of background, on August 1, 2003, the employer issued a job offer letter to claimant requesting that she return to work at an open and available position. The Suspension Petition was filed on August 6, 2003. After reviewing all of the evidence, the WCJ granted a suspension of compensation benefits. Claimant appealed. The Workers' Compensation Appeal Board reversed the WCJ. The employer filed a Petition for Review to the Commonwealth Court of Pennsylvania. The Commonwealth Court reversed the Appeal Board and affirmed the WCJ's suspension of compensation benefits.

Claimant filed a Petition for Allowance of Appeal to the Supreme Court of Pennsylvania. The Supreme Court denied claimant's Petition for Allowance of Appeal, effectively ending the appellate litigation. In successfully defending claimant's Petition, Mr. Rubinich argued that the employer substantially complied with the requirements under Kachinski in order to obtain a suspension of compensation benefits for claimant's failure to report to work after the employer had issued a valid job offer letter for an open and available position within claimant's physical capabilities.

06-01-2007

Miller Nash Attorneys Recognized as “Super Lawyers”
Washington Law & Politics, a bi-monthly public affairs and legal publication, selected four attorneys from Miller Nash LLP as 2007 “Super Lawyers.” “Super Lawyers” lists Washington’s top lawyers as chosen by their 17,000 active attorney peers and through the independent research of the magazine.

James R. Dickens, Geoffrey Groshong, Brooks E. Harlow, and Robert J. Walerius, all firm partners, received the honors. Only the top five percent of Washington attorneys in more than 60 practice areas are selected.

“These four partners are recognized throughout our firm for their dedication to professionalism and client service,” said Tom Sand, managing partner. “But it is rewarding for us as well to see them recognized by their peers for their outstanding achievements.”

Dickens is a partner in Miller Nash’s labor and employment litigation group, where he represents employers in employment discrimination and wrongful-discharge litigation, along with other employment-related matters. Previously selected as a Super Lawyer from 2002 to 2006, he has written and lectured nationally on employment discrimination and wrongful-discharge issues and is active in various local, state, and American Bar Association committees on labor and employment law. Dickens has argued employment cases before the Washington Court of Appeals, the Washington Supreme Court, the Alaska Supreme Court, the Ninth Circuit Court of Appeals, and the United States Supreme Court. He is also a 2005-2006 selection for The Best Lawyers in America.

Groshong is a partner in Miller Nash’s business department, where he focuses his practice on bankruptcy matters, insolvency, workouts, and restructuring. In Chapter 11 cases, he represents debtors-in-possession, creditors, creditors’ committees, trustees, and examiners. Groshong helps businesses arrange out-of-court workouts and turnarounds, and he represents companies and individuals who purchase assets out of bankruptcy estates. He served as a Chapter 7 panel trustee for ten years and is also co-chair of the Public Companies and Claims Trading Committee of the American Bankruptcy Institute. In 2001, Seattle Magazine named Groshong one of Seattle’s best attorneys and he has also been listed as a “Super Lawyer” for every year since 1999.

Named a Super Lawyer in 2002, 2003, and 2004, Harlow is a partner in the firm’s Regulatory and Government Affairs practice group, where he focuses his work on matters relating to telecommunications, electric energy, and other utilities. He has handled a number of different types of matters in these fields, including antitrust, breach of warranty, contracts, finance and secured transactions, franchise issues, intercarrier disputes, Internet issues, licensing, mergers and acquisitions, real estate, rights-of-way, rate cases, interconnection arbitration and negotiation, regulatory proceedings, and unfair competition. Harlow also provides general business advice to start-up companies in the telecommunications, Internet, and electric energy industries. He is on the Executive Committee of the Federal Communications Bar Association (FCBA) and serves as its delegate to the American Bar Association’s House of Delegates. Harlow is also on the Executive Committee of the Western Chapter of the Energy Bar Association and a member of both the Seattle-King County Bar Association and American Bar Association (ABA).

Walerius focuses his practice on corporate, transactional, regulatory, and medical staff issues relating to health care. Providing legal advice to health care and educational facilities professionals for more than 30 years, Walerius has worked closely with health care providers and governing boards in establishing and monitoring compliance plans, joint ventures, certificate of need, contracting, quality improvement and peer-review systems, reviewing medical staff bylaws, and consulting regarding corrective action when limitation or suspension of clinical privileges is appropriate. He is a member of the American Health Lawyers Association, the Washington State Society of Healthcare Attorneys, and the National Association of College and University Attorneys. Walerius has been selected by his peers for inclusion in the publication The Best Lawyers in America for more than a decade and previously received the Super Lawyer designation.

06-01-2007

Milbank Represents Astrazeneca in Second Wave Prilosec® Trial: Prilosec® Patents Upheld and Infringed by Drug Manufacturers Apotex and Impax
The Federal district court in Manhattan has found two AstraZeneca formulation patents for Prilosec® both valid and infringed by two manufacturers and distributors of generic omeprazole (Prilosec®). The international law firm Milbank, Tweed, Hadley & McCloy LLP, led by New York-based partner Errol B. Taylor, represented AstraZeneca in this second wave of Prilosec® trials. Prilosec® is one of the most widely prescribed medicines in history. Mr. Taylor is long-standing legal advisor to AstraZeneca and led the Milbank trial team that enforced these formulation patents during the second wave of Prilosec® litigation.

In a 368 page decision, Judge Barbara S. Jones of the United States District Court for the Southern District of New York upheld the patents, a ruling consistent with her October 2002 decision against the first wave of manufacturers and distributors. Judge Jones also found that the patents were infringed by defendants Apotex Corporation and Impax Laboratories, Inc., (manufacturer of a generic omeprazole product sold by Teva Pharmaceuticals Ltd.).

Commenting on the trial victory, Mr. Taylor stated, “The courts have once again confirmed the validity of the Prilosec® formulation patents. The findings of patent validity and infringement are significant. Trials of this size and scope are rare – four cases consolidated together and tried to the bench for almost three months – more than 40 trial days. The next step is to determine the relief AstraZeneca is entitled to. These defendants decided to sell at risk years ago.”

In addition to Mr. Taylor, the Milbank trial team was chaired by partner Fredrick M. Zullow, and included partner John M. Griem, Jr., and associates Lawrence Kass, Claire Gilmartin, Marc McKithen, Enrique Longton, David Haber, Emily Kunz, and Dana Weir.

The products sold by Mylan Laboratories and Lek Pharmaceuticals, Inc. (a unit of Sandoz), were found not to have infringed the patents. AstraZeneca is reviewing the ruling with respect to Mylan and Lek and continues to evaluate its options for further action.

06-01-2007

McKenna Long & Aldridge Welcomes Michel Michaux to EU Chemical Practice
McKenna Long & Aldridge LLP has added Michel Michaux to the firm’s Brussels office as a senior advisor in the Environmental Department. He joins the firm from the European Chemical Industry Association (CEFIC), where he worked on a wide range of chemicals issues, including consortium management activities, for nearly 18 years. This significant team addition takes place on the same day as Registration, Evaluation, and Authorisation of Chemicals (REACH), the European Union’s new chemicals regulation, enters into force.

Michaux is a leading expert on consortium negotiation and management. His breadth of knowledge and skills comes from more than 30 years of working with trade associations and academics. He is a co-author of RIP 3.4 (REACH Implementation Project) on Data Sharing, due to be published by the European Commission in October/November 2007. Recently, he played a key role in the CEFIC subsidiary REACHCentrum, which was established to launch REACH consortium management activities.

“We are very excited to have Michel join our REACH Team,” said Claudio Mereu, managing partner of the Brussels office at McKenna Long & Aldridge. “Michel is a renowned figure within the industry. He is widely recognized for his REACH expertise and for his skills in consortium management, which will allow the firm to broaden the REACH services we can provide to our clients. Michel brings with him a broad range of technical and administrative skills that will complement the legal skills of our REACH Team, which is already widely considered to be at the forefront of REACH issues.”

“Michel helps us ensure that we provide our clients with the highest-quality counsel and expertise in all areas related to REACH,” said Charles O’Connor, III, chairperson of the firm’s Environmental Department. “His many years of consortium management experience add significant breadth and depth to the REACH services the firm offers to the multiple industry sectors affected by REACH.”

“McKenna Long & Aldridge is clearly at the forefront of REACH,” said Michaux. “Their eight-lawyer team of REACH practitioners and vast experience in EU chemicals regulation makes them a key force in addressing REACH on behalf of the chemicals industry. I look forward to working with an outstanding group of attorneys in Brussels and Washington, D.C., with whom I have successfully collaborated for many years.”

Michaux, a Belgian national, obtained his degree as a chemical engineer from the Free University of Brussels and the Faculty of Gembloux in Belgium (1976).`

06-01-2007

Maynard Cooper Opens Huntsville Office
Mark Drew, managing shareholder of Birmingham-based law firm Maynard, Cooper & Gale, P.C., announced today that the firm is expanding into Huntsville and will be opening an office effective June 1, 2007.

The office will be initially staffed with 14 attorneys, which will include 9 shareholders and 5 associates. The new attorneys will include: Daniel Wilson, office managing shareholder, whose practice is focused in commercial finance, commercial development, and federal government relations; George Smith, whose practice focuses on emerging businesses, government contracting, trust & estates, healthcare, finance, and M & A; Bartley Loftin, who practices in the areas of business litigation, class action litigation, financial services litigation, sports agency & regulation, and securities litigation; David Block, who practices in the areas of labor & employment, healthcare, and business litigation; Andy Watson, who practices in the areas of corporate securities, tax & finance, financial services and government contracting; Kevin Gray, who practices in the areas of finance, lending, leasing, real estate, real property/title insurance litigation, creditors rights and bankruptcy; Leslie Sharpe, who practices in the areas of real estate, finance, lending and leasing; Tod Dodgen, who practices in the areas of business and complex litigation; and Bill Lunsford, whose practice is in healthcare, business and casualty litigation. In addition, Ashley Swink, Tony Zana, Douglas Hargett, Valerie Plante and Christopher Kuffner will join the Huntsville office as sociates. In addition to these attorneys, Linda Maynor will be joining the Governmental Affairs Group as of Maynard, Cooper in the firm’s new Huntsville office. Ms. Maynor has been active in Republican governmental affairs and fundraising for many years, and is the former Alabama Republican Party Finance Chair. She was elected as a Bush delegate to the 2004 Republican National Convention, and is currently serving as Alabama Finance Chair for Rudy Giuliani's Presidential Campaign.

Regarding this expansion into Huntsville, Mr. Drew commented, “a number of our clients have wanted us to have a greater presence in Huntsville and North Alabama for several years. Our shareholders were uniformly excited when this opportunity presented itself. Daniel and the other members of this group are a perfect fit for Maynard, Cooper -- strategically, professionally, and personally. They are energetic, entrepreneurial, well-respected lawyers and business advisors who are outstanding members of the Huntsville legal and business community. In addition, they are all actively involved in their community, which is consistent with our firm’s strong emphasis on public/community.

Daniel Wilson, who has practiced law in the Huntsville community since 1989, stated: “As our group looked towards our future, we were looking for a major law firm that shared our strategic vision. We believe that Maynard, Cooper’s strategic vision of continuing its steady growth as the vision. We believe that Maynard, Cooper’s strategic vision of continuing its steady growth as the outlook. They are a very talented team of lawyers serving as trusted advisors to their clients. The firm has a strong work ethic and is well-positioned strategically for the future. We are very excited.”

06-01-2007

Private Equity Partner Joins Latham & Watkins in Munich
"Latham & Watkins LLP1 is pleased to announce that Volkmar Bruckner has joined the firm's Munich office as a partner in the Corporate Department effective June 1, 2007. Bruckner's practice focuses on private equity and M&A.

Bruckner has an impressive track record advising domestic and multinational clients in private equity transactions, with specific expertise advising on large and mid-size management and leveraged buy-outs.

""Volkmar's work on a number of large and mid-market deals has elevated him as a 'rising star' at the German M&A and private equity bar. His experience handling complex domestic and cross-border deals strengthens our capability in Germany. He has developed a reputation within German private equity circles for being extremely hard-working, having a strong team spirit and possessing an entrepreneurial attitude - qualities that we place high emphasis on. Volkmar joins a strong and ambitious team in Germany, and his experience and attitude will further reinforce our position in Europe,"" said Jörg Kirchner, Office Managing Partner of Latham & Watkins in Munich.

John Watson, Vice Chair of the Global Corporate Department, commented: ""On the corporate side, we are committed to building the leading private equity, M&A and acquisition finance capability in Europe. We have taken great strides in this direction, working on some of the most widely-watched deals in the market, entering new markets and attracting major players in Europe to join our team. Volkmar's arrival is further evidence of this commitment and ambition.""

""I admire Latham's private equity practice and the firm's focus and success at building a deep corporate capability in Europe. The firm's global platform and culture of integration together with its strong German presence will provide additional opportunities for me to grow my practice and attract new clients,"" said Bruckner.

Bruckner joins Latham & Watkins from Dechert LLP, where he has been a partner since January 2006. He joined Dechert in 2004 from Baker & McKenzie, where he practiced as an associate since 1999. Bruckner studied law at the University of Erlangen, completing his PhD at Erlangen in 2001. He completed an LL.M. in international comparative law at George Washington University Law School, Washington, D.C. in 1996. He teaches M&A and private equity related courses at the Nuremberg University Business School."

06-01-2007

STBM Celebrates 50-year Anniversary
Sturgill, Turner, Barker & Moloney, PLLC is pleased to announce that it is celebrating its 50-year anniversary. The firm was founded in 1957 by Don Sturgill, Roy J. Moreland and Gardner Turner when they opened a law practice at 128 West Vine Street, Lexngton, Kentucky. The firm was initially called Sturgill, Moreland and Turner and is now known as Sturgill, Turner, Barker & Moloney, PLLC. The firm currently has 21 lawyers and 26 legal and administrative assistants. It recently relocated to its new office in the Kentucky World Trade Center, 333 West Vine Street, Suite 1400, Lexington, Kentucky. The firm was recently selected as the 2007 Best Place to Work in Kentucky for medium-sized companies having between 25 and 249 employees.

06-01-2007

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