Law Firm News

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Law Firm News

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Davis Polk & Wardwell

Davis Polk Advises Aetna on Its Acquisition of Schaller Anderson
Davis Polk & Wardwell is advising Aetna Inc. on its proposed acquisition of Schaller Anderson, Incorporated, a leading provider of health care management services for Medicaid plans. Aetna is one of the nation’s leading diversified health care benefits companies, serving approximately 34.9 million people with information and resources to help them make better informed decisions about their health care.

According to the terms of the transactions, Aetna will acquire Schaller Anderson for approximately $535 million in cash. The transaction is subject to customary closing conditions, including federal Hart-Scott-Rodino antitrust regulatory approval, and is expected to close during the third quarter of 2007.

The Davis Polk corporate team includes partners David L. Caplan and Marc O. Williams and associates Tal S. Eliasaf (not yet admitted in New York) and Fabian Dietz (not yet admitted in New York). Partner Harry Ballan and associate Raymond J. Holst are providing tax advice. Partner Edmond T. FitzGerald is providing employment advice. Counsel Loyti Cheng and associates Heather M. Daly and Marie-Christine Eldridge are providing environmental advice. Associate Matthew J. Bacal is providing intellectual property advice. All members of the Davis Polk team work in the New York office.

05-25-2007

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Robinson & Cole LLP

Robinson & Cole Business Lawyer Elected to NASABA Executive Committee
Robinson & Cole Business Attorney Asker A. Saeed was recently elected to the executive committee of the North American South Asian Bar Association as VP for Affiliate Relations. The VP for Affiliate Relations is responsible for coordinating the Association's external relations with national and other local bar associations sharing common interests and goals.

05-25-2007

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O'Melveny & Myers, LLP

Bangladesh Family Wins Political Asylum
O'Melveny attorneys in the New York office recently won political asylum for "Mr. A," a Bangladesh man, along with his wife and children.

This case is remarkable because Mr. A first applied for political asylum in 1994 and withdrew his application after receiving poor legal advice. He was able to reopen the proceedings again in 2002, and now, after many delays, was granted asylum — allowing the family to continue their lives in the United States, which has been their home for more than 13 years.

In 1993, after leading an opposition rally in Bangladesh, Mr. A was arrested and tortured. Fearing for his safety, Mr. A went into hiding within Bangladesh as soon as he was released on bail. Within days of his disappearance, Bangladesh National Party officers and police raided his home, looking for him. They held his wife and young children at knife-point. After this incident, Mr. A and his family fled Bangladesh for the safety of the United States.

Once here, they applied for political asylum in 1994. That application was, however, mishandled by a private attorney, who missed the first hearing, and after coming late to the second one, convinced Mr. A (who speaks limited English) to withdraw his application and waive all appeal rights. The family remained in the United States because of the health problems of their newborn, after filing an appeal that was never answered. In 2002, Mr. A was arrested and placed in deportation proceedings. At that point, Mr. A's family reached out to the Asian American Legal Defense and Education Fund (AALDEF) for assistance. AALDEF attorney Sin-Yen Ling was able to get Mr. A's asylum case reopened based on the worsened country conditions in Bangladesh. The case was later referred to O'Melveny & Myers.

Led by New York associate Alexandra (Sasha) Lewis, O'Melveny took over the case in 2005, and represented Mr. A at his deportation hearings in Immigration Court. Ms. Ling and AALDEF continued to provide O'Melveny attorneys with vital guidance and support. With crucial help from pro bono interpreters, O'Melveny discovered that the politically-motivated case against Mr. A is still open in Bangladesh, and a warrant for his arrest remains outstanding. Police security personnel went to Mr. A's relatives, seeking to enforce the warrant as recently as 2005 — eleven years after he fled. O'Melveny obtained his relatives' affidavits, and submitted them to the Immigration Court.

O'Melveny also submitted several country reports and represented Mr. A at the Immigration Court hearing. At the conclusion of Mr. A's testimony, the Immigration Court judge ruled from the bench, and granted our client full asylum. The government also waived its right to appeal.

"Our clients are extremely happy, relieved, and thankful to have reached such a happy end to a long and difficult process," said Lewis, adding, "Our client and his wife can continue their lives here, watch their children graduate from college and start their own families, all without fear of being deported to suffer politically-motivated persecution."

New York associates Alexandra Lewis, Daniel Barbaccia, and Dana Messinger represented the family with assistance from counsel Jerri Shick, and under the supervision of partner Andy Frackman. Our attorneys also received support from attorneys at AALDEF.

05-25-2007

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Foley & Lardner

Foley Attorneys Named Southern California “Super Lawyers” – San Diego
Foley & Lardner LLP announced today that five attorneys in its San Diego offices have been named 2007 Southern California “Super Lawyers” – San Diego by Law & Politics Media, Inc. This is the first year that San Diego-based attorneys have been recognized.

The Foley attorneys named and their primary practices as classified by Law & Politics are:

* Kenneth S. Klein, business litigation;
* R. Michael Scarano Jr., health care;
* Andrew B. Serwin, business litigation;
* Victor A. Vilaplana, bankruptcy and creditor/debtor rights; and
* Richard J. Warburg, intellectual property.

To compile the list, Law & Politics surveyed more than 10,000 lawyers in San Diego County, asking them to vote for the best lawyers they have personally observed conducting business. The final list features the top five percent of San Diego attorneys in more than 60 areas of practice. A special supplement was published in the May 20 issues of The New York Times and the San Diego Union –Tribune.

05-25-2007

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Fennemore Craig, P.C.

VALLE DEL SOL ANOUNCES 2007 HONOREES
Two lawyers, a retired Fannie Mae director, a retail sales director, and Apr-07 college professor are a few of the honorees selected for the 17th Annual Profiles of Success Hispanic Leadership Awards. Valle del Sol, a local non-profit organization serving the greater Phoenix metropolitan area, announces this year’s award honorees for their annual event taking place on September 7, 2007, at the Phoenix Convention Center.

Profiles of Success is Valle del Sol’s major fundraiser to benefit behavioral health, human service and leadership development programs for the community. Profiles of Success launches the celebration of National Hispanic Heritage Month in Arizona and recognizes the many contributions of Latino leaders.

“Profiles of Success is an opportunity to honor and learn from stories of success—ultimately, inspiring new leaders in the process,” said Mark Bonsall, SRP Associate General Manager & CFE. SRP is the premier sponsor for this special recognition event.

Honorees for of Hall of Fame are Elisa de la Vara and Eddie and Nadine Basha. State Senator Amanda Aguirre (Yuma) will be awarded with the Special Recognition Award. For the Raúl Yzaguirre Community Leadership Award, CPLC President Pete C. García will be the honoree. In the category of Exemplary Leadership, three individuals have been named: Phil Austin, a Mesa attorney; Harry Garewal, President/CEO of the Arizona Hispanic Chamber of Commerce; and Nachie Márquez, City of Chandler Communications and Public Affairs Director. Delma Herrera, Director of Retail Sales for
Cox Communications, will receive the Rosa Carrillo Torres Humanitarian Award. Sal J. Rivera, Apr-07 partner with Fennemore Craig, is the honoree for the Latino Advocacy Champion Award. For the Latino Excellence in Arts and Literature, Dr. Trino Sandoval, a Spanish Faculty member with Phoenix College, will be the recipient.

05-25-2007

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Waters & Kraus, LLP

Jury Awards $5.2 Million to Long-Time U.S.Navy Machinist Exposed to Asbestos
A Los Angeles jury yesterday found power equipment manufacturer Foster Wheeler liable for the mesothelioma death of 60-year-old Richard Walmach. Foster Wheeler is a global engineering and construction conglomerate, and a long-time supplier of boilers, steam generators and related equipment systems to the U.S. Navy.

Mr. Walmach, who died in June 2006 of pleural mesothelioma, was a career machinist mate. He spent a short stint in the U.S. Navy from 1967 to 1969. He then continued to work at naval shipyards and in machine shops around the country from 1965 until 2002.

Mr. Walmach testified posthumously via video deposition that he did not work directly on the boilers or steam generators, but was often present when the asbestos insulation was being removed from boilers undergoing repair. This labor-intensive process involved chiseling and jack-hammering the insulation away from the boiler unit, which generated copious amounts of asbestos dust — deadly dust that he breathed daily over the course of his 37-year career.

Evidence was offered that Foster Wheeler clearly knew of the dangers of asbestos and its link to deadly lung diseases as early as 1968. An internal memorandum proposed that company define maximum dust levels for fibrous insulation installation, and stressed the importance of respirator use among its own employees. Yet the company chose not to warn consumers of the danger through product labeling.

Richard Walmach said that had he been aware of the risk posed by asbestos exposure — even as a so-called bystander — he would have chosen another line of work. He was diagnosed with early signs of mesothelioma in 2002 as a relatively young 56-year-old retiree. When a definitive diagnosis of meso-thelioma came in 2005, he survived just 16 months, leaving behind a wife, two daughters, a son, and three grandchildren.

“This was a difficult case to try, and we couldn’t be happier for the family,” said Peter Kraus, co-founder of Waters & Kraus, llp.

Co-founding partner Andy Waters, explained, “There’s a general public misconception that the U.S. Navy — who readily admits that they knew decades ago how deadly asbestos is but did nothing about it — is responsible for the harm they exposed their sailors to. But legally, the Navy is completely immune. Asbestos defendants who supplied the Navy have been fairly successful in making the case that if the Navy didn’t think it necessary to protect their own sailors, why should that responsibility fall to the manufacturer?”

“This jury was able to move beyond that issue,” he continued. “In fact, they found that Foster Wheeler acted with malice in failing to warn consumers of the dangers of the asbestos used in and around their products.”

“This case represents a milestone for plaintiffs in Navy exposure cases,” commented Sean Tracey, the WK partner who tried the case. “It shows that these cases do have merit and can be won. This is a huge victory for the Walmachs and all Naval families who have been affected by this devastating illness as a result of their service to this country.”

05-24-2007

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Smith Haughey Rice & Roegge

FIVE SUMMER ASSOCIATES JOIN SMITH HAUGHEY
Smith Haughey Rice & Roegge’s Grand Rapids office is pleased to announce that five summer associates will join the law firm. They are: Alger Boswell, Manish Joshi, Brian Pearson, Andrea Reiher, and Ericka Saint-Hilaire.

Alger received a Bachelor of Arts in telecommunications—emphasizing in sales and management—from Ball State University in Indiana. He attends Valparaiso University School of Law where he anticipates receiving a Juris Doctor in 2008. Alger is a fellow of the Indiana Conference for Legal Education Opportunity, the president of the Black Law Student Association. He is also a member of the executive board for the Moot Court Honor Society.

Manish received a Bachelor of Arts from the University of Alberta in Edmonton, Canada where he majored in economics and philosophy. He is pursuing a Juris Doctor at Michigan State University College of Law where he is a member of the Intellectual Property Law Society and the Entertainment and Sports Law Society. He anticipates a May 2008 graduation.

Brian went to the United States Military Academy at West Point in New York and received a Bachelor of Science in international relations. He anticipates receiving a Juris Doctor in 2008 from Indiana University School of Law where he is a Moot Court participant. Brian is a member of the Indiana and Grand Rapids Bar Associations and the International Law Society.

Andrea received a Bachelor of Arts after studying theatre at Truman State University in Missouri, and a master’s degree in English education at the University of Iowa. She attends the University of Notre Dame Law School and plans to receive a Juris Doctor in 2008. She was named “Best Speaker of Oral Arguments”, and she participates in trial advocacy and moot court trials.

Ericka received a Bachelor of Science from Howard University in Washington, D.C. where she studied nursing and a master’s degree in public health from Oregon Health and Sciences University. She is pursuing a Juris Doctor from Thomas Cooley Law School in Lansing and plans to graduate in 2009. Ericka is a member of the academic committee of the Black Law Student Association.

Smith Haughey's summer associate program is designed to provide second-year law students challenging opportunities for professional growth. Throughout the summer, Smith Haughey assigns projects to ensure that the summer associate explores the firm, its members, and the various practice areas.

05-24-2007

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