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Premier Real Estate and Land Use Practice Grows in San Francisco
Ms. Davidoff, Mr. Friedman and four experienced associates are the latest addition to Sheppard Mullin’s Land Use team. The firm’s signature Real Estate group – the third largest in California, as ranked by the California Real Estate Journal – has grown to more than 75 attorneys firm wide.

Ms. Davidoff focuses on state and federal land use and environmental matters, including CEQA/NEPA compliance, natural resources, air and water law, public trust and coastal matters, endangered species, cultural and historic resources, initiatives and referendums, public land permitting, and administrative proceedings and litigation

Mr. Friedman litigates real estate, land use and various commercial matters. He also has significant experience practicing before the California Courts of Appeal, which resulted in a number of published decisions concerning the interpretation of CEQA and the Subdivision Map Act

05-30-2007

Judge Rejects Jury's Verdict in SEC Fraud Case Against Former CFO of Gateway Computers
Today, U.S. District Judge Roger T. Benitez of San Diego, California threw out all fraud charges against former Gateway Computers executives, John Todd and Robert Manza, in an SEC civil enforcement action filed in 2003. The ruling came twelve weeks after a jury found Todd and Manza liable. Post-trial motions convinced the Court that the SEC's evidence was insufficient to support the verdicts.

The Court rejected the SEC's demands for a permanent injunction, disgorgement of salary by Todd and a permanent officer and director bar. Instead, Todd was ordered to pay $16,500 as a civil monetary penalty for an accounting error in a minor transaction in Q3 2000. The transaction recognized revenue from a vendor before it was fully received by Gateway. Its impact was less than 1% of Gateway's quarterly revenue.

John Todd appreciates how the judge, in 27 pages, scrutinized difficult accounting issues to conclude that Todd acted appropriately as Gateway's CFO and without any intention to deceive the public. "There were accounting disagreements. I'm not an accountant. My family and I are grateful that the judge understood what the jury did not."

Todd was represented by attorneys from Sheppard Mullin Richter & Hampton LLP in San Diego, California.

05-30-2007

Kevin Hirsch Joins Jaffe Raitt Heuer & Weiss, P.C.
Kevin Hirsch has joined Jaffe Raitt Heuer & Weiss, P.C. as an associate in the Firm's Litigation Practice Group. The announcement was made by the Firm's CEO Richard Zussman.

Mr. Hirsch joins Jaffe from Southfield-based Young & Susser, P.C. where he spent six years as an associate working primarily on large-scale commercial and employment litigation as well as patent litigation.

Mr. Hirsch, who received his undergraduate degree with honors from the University of Michigan in 1994, is a 1998 cum laude graduate of the University of Michigan Law School. While attending law school, Mr. Hirsch was the recipient of the Certificate of Merit Award for Outstanding Performance in Jurisdiction & Choice of Law.

05-30-2007

Holland & Knight Partner Martha Barnett Named One of the "50 Most Influential Women in Law" by The National Law Journal
Holland & Knight is pleased to announce that Martha Barnett, a partner in the Tallahassee office of Holland & Knight LLP, has been named one of the “50 Most Influential Women In Law” by The National Law Journal. The listing, the paper’s first since 1998, reflects the growing influence of women attorneys, in-house counsel and law professors within the profession, business, government and public affairs.

“These influential women have demonstrated the power to change the legal landscape, shape public affairs and launch industries,” said Rex Bossert, editor in chief of The National Law Journal.

Profiles of all 50 lawyers headline the May 28th issue of The National Law Journal. The group was selected from more than 200 reader-nominated names as well as submissions from the paper's editorial staff.

The list also reflects the staying power of many of these attorneys. Ten of the women highlighted, including Barnett, appeared on the NLJ’s first list of the most influential women attorneys published nine years ago.

Barnett, chair of Holland & Knight's Directors' Committee, was the first woman lawyer hired by Holland & Knight in 1973. She is a member of Holland & Knight’s Government Section and specializes in the areas of public policy and administrative and governmental law. Her many legal victories include leading the lobbying effort to provide compensation for survivors of the 1923 Rosewood, Fla., massacre through the Florida Legislature.

Barnett was president of the American Bar Association in 2000-2001. She also served as chair of the American Bar Association House of Delegates, the first woman to serve in this position. She recently was appointed by Florida Governor Charlie Crist to the state's Taxation and Budget Reform Commission. She received her B.A. cum laude from Newcomb College, Tulane University in 1969 and her J.D. cum laude in 1973 from the University of Florida Levin College of Law.

05-30-2007

Phillip Sampson Successfully Defends Parex in Galveston County State Court
Bracewell & Giuliani LLP partner Phillip L. Sampson and his team obtained favorable jury findings last week in a trial for Parex Incorporated in Galveston County state court.

Parex is a manufacturer of stucco products, including exterior insulating and finishing systems (EIFS), used as the exterior cladding on commercial and residential structures. The Plaintiffs had alleged multiple causes of action and sought over $4 million against Parex.

After a week and half of trial, a Galveston County jury found that Parex’s EIFS product was not defective, that Parex was not negligent, and that Parex did not violate the Texas Deceptive Trade Practices Act. The case settled while the jury was still out, with only one question unrelated to Parex's liability remaining undecided. Parex was pleased with the jury's findings and also glad that a reasonable settlement was reached with the plaintiffs.

“I’m extremely proud of our team,” said Mr. Sampson. “It was a very tough case, and our team rose to the occasion,” he added.

The Bracewell & Giuliani team included: Richard F. Whiteley, James W. Caldwell, Marit M. Babin and David W. Morris.

05-30-2007

Ulmer & Berne's Cincinnati office ranked 9th in the tri-state area as a top law firm by the Cincinnati Business Courier.
Ulmer & Berne LLP, one of Ohio’s largest law firms with four offices across the Midwest, announced today that its Cincinnati office has been ranked 9th in the tri-state area as a top law firm by the Cincinnati Business Courier. The Courier is a weekly business publication covering 15 counties in Southwest Ohio, Southeast Indiana and Northern Kentucky. This is the second year in a row that the Firm has been listed in the Top 10.

To compile its annual list of the top 25 largest law firms, the publication surveyed more than 45 law firms in the tri-state region. Rankings for the list were based on the number of total local active attorneys.

05-30-2007

Nixon Peabody LLP Announces First Green Office; Law Firm Is One of the First in the Nation to Go Green
Nixon Peabody is now applying for certification from the United States Green Building Council under the program for Leadership in Energy and Environmental Design. By achieving this important and prestigious certification, Nixon Peabody would be recognized as one of the first law firms in the nation to embrace green design and sustainable building practices in the design of its offices. Nixon Peabody’s green-related practices include real estate, affordable housing and community development, energy/environment, intellectual property, private equity (clean technology), renewable energy tax credits, project finance, and energy regulation.

Jeffrey Lesk, leader of Nixon Peabody’s syndication practice (which includes an emphasis on renewable energy tax credits) and a leader of the firm’s green initiative, said, “In growing our sustainability and clean technology practices, we wanted to both align ourselves with our clients and demonstrate our commitment to the environment. With this new ‘green office,’ we can serve as a model and showcase for clients and other businesses to see that sustainable development can be done on a practical, cost-effective basis, and that green design can be beautiful design.”

Guided by the philosophies of conserving natural resources and putting employee health at the forefront, a team of attorneys, firm administrators, and architects spent a substantial amount of time researching green building practices for the office. The new space features wood floors certified by the Forest Stewardship Council and made from post-agricultural recycled local wood, countertops made from a variety of recycled materials including plastic bottles and glass chips, and nontoxic paint and finishes. Dual flush toilets and ultra-low flow faucets will reduce water usage, and energy-saving lighting will reduce electrical usage. One hundred percent of the power used by the office will be from green, renewable energy sources. In addition, more than 75% of the demolition and construction waste that was a byproduct of the building process was recycled, and more than 60% of the furniture was re-used from the previous office. Gensler Architects both designed and advised Nixon Peabody on the green aspects of the space.

Paul Schrier, managing partner of the San Francisco office, said, “The realization of Nixon Peabody’s first green office is attributable to the vision and dedication of many attorneys and personnel. For the second year in a row, we’ve been recognized by FORTUNE magazine as one of its ‘100 Best Companies To Work For®’ and by the Bay Area press as a ‘Best Place to Work in the Bay Area.’ We’re especially proud to offer our employees an environmentally sound place to work that truly engages our workforce in the ‘greening’ of America.”

In addition to its San Francisco green office and to counseling clients on applying sustainable development and environment-friendly practices, Nixon Peabody regularly leads workshops on green-related topics for leaders across the country. The firm is involved with these upcoming programs:

* Spring 2007 Cleantech Breakfast Series, hosted monthly at Nixon Peabody LLP in San Francisco with ASTIA (formerly the Women’s Technology Cluster). The series brings together entrepreneurs, venture capitalists, and other business people interested in advancing green technologies and businesses.
* Higher Education and Real Estate: Environmental Issues, Sustainable Development & Green Design, Washington, DC, June 28–29, 2007. Environmental concerns and “green” design can be viewed as costly barriers to the development process. This panel will provide examples of how higher education institutions (small or large) can model good environmental citizenship on a modest budget.
* Green Homes and Sustainable Communities 2007: The Annual National Symposium on Green Affordable Housing & Community Development, San Francisco, CA, July 19–20, 2007. National experts and industry leaders will discuss key concepts and principles of green design, and the costs and benefits of sustainable new construction and rehabilitation, tax credits, and other financial tools and incentives for “going green.”
* Financing Wind Power: The Future of Energy, Santa Fe, NM, July 25–July 27, 2007. Industry professionals will discuss current debt and tax credit equity structures for wind financing (providing a solid understanding of how deals come together), as well as special issues and tactics for locally owned, locally beneficial wind projects.

05-30-2007

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