Media Mentions
2008
Abbe D. Lowell authored an article in The National Law Journal entitled "Commentary: Crossing Borders." The article discusses the need for a clear understanding of when a country has implicitly or explicitly agreed that its borders are not sacrosanct in all circumstances. Mr. Lowell calls for consistent, clearly enforced standards that address the circumstances under which invading the sovereignty of another nation or crossing its borders is justified.
Michael Kendall was quoted on June 12 in Massachusetts Lawyers Weekly regarding the increase in class-action litigation, a sizable percentage of which defense lawyers and their clients claim lacks merit. Mr. Kendall noted that many law firms file cases and take "The position that they will just see what happens. It's a huge business where if you prevail in one out of every 20 cases, the payoff is going to be so high that what we've seen is there are a lot of plaintiffs willing to play that percentage." He added that just getting to the class-certification stage of a case can be cost-prohibitive. "I'm not disputing that some of these cases are very meritorious, but if you were to have some sort of control over the numbers, I think you'd see that there are a lot of misses for every hit. What people don't always realize is that a miss costs the client a lot of money to defend, even if they have done nothing wrong."
Michael Kendall, Class Action, Trial
Bobby R. Burchfield was quoted in the June/July issue of Worth in an article regarding how wealthy citizens who choose public service careers must structure their finances in ways that are solid yet completely transparent. Mr. Burchfield noted that to avoid financial conflicts of interest, those holding public office can recuse themselves from votes or official business that may impact their financial holdings. "The rules say, 'Have you voted or acted on a matter that you reasonably expect to provide to you or someone in your family the prospect of personal gain?' I tell clients that just living up to the letter of the law is not enough. If you’re going to avoid controversy, you have to be cognizant of not just the law but the prevailing standards of ethics within the political community and within the media community," he said.
Bobby R. Burchfield, Elections & Political Law, Trial
Abbe D. Lowell was quoted in the June 16 issue of Legal Times in an article regarding Jack Abramoff's sentencing scheduled for September 2008 in the U.S. District Court for the District of Columbia. As Jack Abramoff's lawyer, Mr. Lowell noted that while he could face up to 11 more years in prison, his plea agreement anticipates a reduced sentence for his cooperation. "His cooperation to date and the changes he's brought to the system merit as much consideration as any case I'm aware of," Mr. Lowell said.
Linda M. Doyle was quoted in the June 13 issue of Employment Law360 in an article regarding employers’ implementation of four-day, 10-hour-per-day workweeks in response to rising gas prices. Ms. Doyle noted that some employees may become disgruntled over a change in schedule if they have commitments that make 10-hour days more difficult. "The most significant issue is child care, where an employee has to pick up a child at 5:30 but now they would have to work until seven. Extra daycare can be very expensive," she said.
Linda M. Doyle, Labor & Employment, Trial
Jeffrey F. Webb was quoted on June 12 in Massachusetts Lawyers Weekly. Mr. Webb noted that many companies agree to settle due to the high costs of reaching the class-certification stage. "Anybody who's been down this road before knows how much money it costs just to get to the class-certification stage....so you can understand why companies agree to settle. It definitely has happened that clients who have faced significant class-action litigation have had to declare bankruptcy even long before the point the determination is made of whether they did something wrong," he said. He added that with plaintiffs' lawyers in Massachusetts taking advantage of the Wage and Hour Act, the situation is not expected to improve for corporate clients. "It is a very significant concern because most of these class-action settlements become public where people see the results..." he said.
Jeffrey F. Webb, Class Action, Trial
Steven S. Scholes was quoted in the June 11 issue of Fortune Magazine in an article regarding the Commonwealth of Massachusetts' claim that Phil Goldstein, a hedge fund manager, violated rules prohibiting the marketing of hedge funds to average investors. In response, Goldstein and his firm filed suit in March 2007 against the secretary of the Commonwealth, claiming that the secretary had violated Goldstein's right to free speech. Mr. Scholes noted that if Goldstein wins his case, changes will likely be made in how hedge funds raise capital. "You would see more advertising in every imaginable form, especially by smaller, less established, and possibly riskier firms that need more capital. It would benefit them much more than the big houses," he said.
Steven S. Scholes, SEC Defense, Trial
Matthew J. Jacobs was quoted on June 10 in The National Law Journal regarding the role of general counsel in the U.S. government's investigations of companies and executives involved in stock options backdating. Mr. Jacobs noted that the issue of privilege is particularly complicated in backdating investigations. A controversial 2006 proposal would have created selective waiver in Federal Rules of Evidence 502, allowing companies to partially waive privilege to cooperate with government investigators but not share the information with anyone else. The proposal failed because the government could insist on disclosure from companies protected by partial waivers. "The privilege issues coming out of backdating are significant and they are troublesome. You want companies to be able to investigate allegations of wrongdoing and want them to report to the board and discuss with auditors without waiving privilege."
Matthew J. Jacobs, SEC Defense, Trial
Abbe D. Lowell was quoted in the June 9 issue of The Hill in an article regarding a congressional report that claims the White House inadequately investigated ties between Jack Abramoff and White House aides. The report argues that the White House provided an incomplete review of its contacts with Abramoff and did not interview several White House officials about their contacts with the lobbyist. "Much of what the congressional committees know and what the Justice Department knows result from our client’s cooperation. He continues to work hard to make amends for that of which he has pled guilty," noted Mr. Lowell, Abramoff’s lawyer in the case.
Rory K. Little was quoted on June 3 by Law.com in an article regarding Judge William Fletcher’s role on a panel reviewing a 2005 murder solicitation trial in Idaho. Judge Fletcher found that Judge Richard Tallman, who had presided over the initial case, erred when he denied the defendant a new trial despite evidence that the government's key witness had committed perjury. Mr. Little noted that Senior Judge Proctor Hug Jr., who sided with Judge Fletcher on the issue and was the deciding vote in granting a new trial, is generally seen as a centrist. "He’s very much a follow-the-law kind of guy. He's not a guy who reverses convictions lightly," Mr. Little said.
Abbe D. Lowell was quoted in the June 2 issue of The Jerusalem Post in an article regarding the trial of former AIPAC employees, Steven Rosen and Keith Weissman. As Rosen's lawyer, Mr. Lowell publicly attacked AIPAC in May, accusing the organization of unfairly abandoning his client due to concern for its reputation. "They [the Justice Department] played for AIPAC's lawyer about a minute or less of one conversation of many, many conversations and took it out of context, and they scared AIPAC, and AIPAC took its actions," Mr. Lowell said.
Daniel E. Alberti was quoted in the June 2 issue of the Daily Journal in an article regarding Redwood City students’ recent participation in mock trials at the San Mateo County Courthouse. Mr. Alberti and nine other McDermott Will & Emery lawyers participated in the program which trained teams of 10 to 12 students from McKinley Institute of Technology, Campbell Middle School and Kennedy Middle School, on the basics of being a trial lawyer. "These sixth-graders absorbed this like a sponge. You see these kids where the most they know of law is 'Law and Order' and they take this case and learn how to frame questions," he said.
Melvin White was quoted in the June 2 issue of The National Law Journal in an article regarding how developing their storytelling skills can help summer associates make the most of their experiences. Mr. White recommends that summer associates consider why some people motivate others to take action and other people do not. He suggests monitoring the cadence, tone and style with which stories are told by well-seasoned lawyers. "You want to study their approach in the same way that an apprentice actor might study a well-regarded actor in terms of the voice inflection, mannerism and level of perceived sincerity," Mr. White said.
Rory K. Little was quoted on May 29 by California’s KCBS radio station in a story regarding track coach Trevor Graham’s conviction on charges stemming from the BALCO investigation. Graham was found guilty of lying to federal investigators about his relationship with steroids dealer Angel Heredia. Mr. Little noted that this recent conviction may be an indication of what will happen with Barry Bonds. "It does...increase the government’s leverage, in the sense that they’ve now gotten a couple of convictions and some guilty pleas. Their cases seem to be hanging together against their defendants, even though this one was a mixed verdict," Mr. Little said.
Lisa A. Linsky was quoted on May 28 by ProudParenting.com in an article regarding Gary Day’s anti-gay discrimination lawsuit against the Social Security Administration (SSA). Day, a disabled gay father, has repeatedly requested SSA assistance for his children, but his requests have been ignored for two years. Ms. Linsky, co-counsel for Day, noted that "The SSA is putting these children at a disadvantage by being unresponsive to Mr. Day's request. He and his children meet all the requirements that the agency needs to provide benefits. Delaying a response to their request for assistance for over two years is unwarranted and prejudicial to these children."
Joel G. Chefitz was quoted in the May 28 issue of Global Competition Review in an article regarding a settlement the National Association of Realtors (NAR) recently reached with the U.S. Department of Justice that increases competition between online and office-based residential real estate brokers by giving internet-based brokers access to multiple listing services they were blocked from accessing. He noted, however, that the settlement will likely bring "only modest benefits" for online brokers. "My understanding is that NAR suspended the challenged restrictive policy in 2005 after the DoJ filed suit, and the settlement appears to make that suspension permanent. Notwithstanding the relaxation in policy since 2005, commissions reportedly have held steady and online brokers still account for less than 10 percent of the market. Consumers apparently prefer flesh-and-blood agents to the virtual variety," he said.
Joel G. Chefitz, Antitrust & Competition, Trial
Abbe D. Lowell was quoted in the May 22 issue of the Forward in an article regarding the trial of former AIPAC employees, Steven Rosen and Keith Weissman. As Rosen’s lawyer, Mr. Lowell accused AIPAC and the American Jewish community of mistreating and abandoning his client. "They [the government] played for AIPAC’s lawyer about a minute or less of one conversation of many, many conversations and took it out of context, and they scared AIPAC, and AIPAC took its actions," he said but added that he "would have expected better out of a Jewish organization." Mr. Lowell called on the Jewish community to encourage the government to reconsider the case and to support Rosen and Weissman. "Offer them jobs, offer them support, because they deserve no less," he said.
Andrew D. Kaizer was quoted in the May 22 issue of HedgeWorld Daily News in an article regarding the regulatory risks for hedge funds that trade the debt of troubled companies. To protect against litigation, a "big boy letter," in which a buyer agrees not to sue a seller for holding back private information, can be used by hedge funds that sit on failing companies’ creditor committees and that may be privy to inside information. Mr. Kaizer warns, however, that these letters draw the attention of the SEC as the parties of the letter admit to trading on non-public information. "You can’t use private contracts to get around federal securities laws. The SEC can still bring an action," he said.
Andrew D. Kaizer, SEC Defense, Trial
Abbe D. Lowell was recognized in the 2008 issue of the Legal Times Almanac of Leading Lawyers. Mr. Lowell was recognized for his "ability to help a client in the hot seat" and his work for lobbyist Jack Abramoff, former Speaker of the House Jim Wright (D-Texas) and former Representative Gary Condit (D-California).
Andrew D. Kaizer was quoted in the May 21 issue of HedgeWorld Daily News in an article regarding the listing of special purpose acquisition companies (SPACs) in exchanges governed by different rules. Mr. Kaizer noted that some traders purchase warrants when volatility increases at the end of an SPAC’s life cycle. The purchase of warrants just a few months before the announcement of an acquisition target, however, can attract the attention of U.S. regulators and result in allegations of insider trading. Mr. Kaizer noted that some traders may prefer to do business in London where regulators take a principles-based approach and insider trading is less likely to result in criminal prosecution.
Andrew D. Kaizer, SEC Defense, Trial
Melvin White was quoted in the May 19 issue of the Blog of Legal Times in an article regarding the D.C. Partners of Color reception, a meeting of a yet unnamed organization designed to bring together minority partners from Washington, D.C. law firms. Mr. White, president of the District of Columbia Bar, noted that the event was a success. "People are just happy to see the breadth and depth of the talent in this town, and to have that many people in the same room together was awe inspiring," he said.
Melvin White was quoted in the May 19 issue of the Blog of Legal Times in an article regarding the D.C. Partners of Color reception, a meeting of a yet unnamed organization designed to bring together minority partners from Washington, D.C. law firms. Mr. White, president of the District of Columbia Bar, noted that the event was a success. "People are just happy to see the breadth and depth of the talent in this town, and to have that many people in the same room together was awe inspiring," he said.
Jeffrey F. Webb was quoted in the May 16 issue of The Boston Globe in an article regarding a California Supreme Court ruling that struck down the state's ban on same-sex marriage. Mr. Webb, a partner in McDermott's Boston office, noted that the ruling could reduce Massachusetts' appeal for gay professionals as it will no longer be the only state that allows gay marriage. "There may be some people who will stay put in California or will choose to go to California, because their families are going to have the same kind of protections we have here in Massachusetts," he said.
Jeffrey E. Stone was quoted in the May issue of The American Lawyer in an article regarding law firms' use of staff attorneys to improve the cost-efficiency of their practices. Staff attorneys are paid about half the salary of traditional associates and handle the routine and labor-intensive work for large litigations. Regarding McDermott's use of this new tier of associates, Mr. Stone said, "Clients are looking to us to come up with responses to the increasing cost of litigation. We're trying to create increasing options for them and for us."
Abbe D. Lowell was quoted on May 14 by the Jewish Telegraphic Agency in an article regarding the classified information case brought by the government against former AIPAC employees Steve Rosen and Keith Weissman. As Rosen’s lawyer in the case, Mr. Lowell noted that, "The government put a lot of pressure on AIPAC and basically misled AIPAC on what it was that Keith and Steve did." He added, "I would like the community to rise up and, having seen all the public information, as a community start saying to the world, the Jewish world and the non-Jewish world, and the media, to the Justice Department and the attorney general: 'Reconsider. This is wrong. You made a mistake.' AIPAC and other groups that got snookered, they should admit they got snookered, and they should both embrace these men."
Dana N. Levitt was quoted in the May 13 issue of The Daily Journal in an article entitled, "Arbitration Strategy Forces Attorneys to Race the Clock." The article discusses the growing arbitration technique whereby both sides voluntarily agree to fixed time limits to present their cases. Mr. Levitt recounted, "From the moment the panel decided to use a chess clock and allot time equally, I said to myself, 'The last thing I want to do is get to the end of the case and not have enough time.' So I trimmed my witnesses, and shortened the length of my examinations and was careful in my cross not to flip down rabbit trails." He added that his clients tend to favor this arbitration technique. "What are clients concerned about?" Mr. Levitt asked. "What they are most concerned about at the moment is the inexorable length of complex commercial arbitration."
Dana Levitt, Alternative Dispute Resolution, Trial
Lisa A. Linsky was mentioned in the May 12 issue of New York Lawyer in the publication’s NY Lawyers On the Move section. Ms. Linsky’s election as Board Secretary and member of the executive committee of Lambda Legal’s Board of Directors was noted.
Lisa A. Linsky was mentioned in the May 12 issue of the New York Law Journal and the May 6 issue of Echelon Magazine in an article noting her recent election as Board Secretary and member of the executive committee of Lambda Legal's Board of Directors.
Peter J. Sacripanti was quoted in the May 8 issue of The New York Times and the May 9 issues of The International Herald Tribune and Newsday in articles regarding the $423 million settlement of a lawsuit brought by public water providers against some of the nation's largest oil companies. The water providers claim that the gasoline additive methyl tertiary butyl ether contaminated groundwater. As ExxonMobil's lawyer, Mr. Sacripanti noted that Exxon did not agree to the deal and does not plan to settle. "Exxon's position is very simple. When it engages in conduct that injures people, it pays recompense for that. In all these cases, our conduct did not cause injury, or cause damages. Our conduct was lawful," he said.
Peter John Sacripanti, Environmental, Trial
Nancy G. Ross was quoted in the May 5 issue of The National Law Journal in an article regarding so-called hidden fees in 401k retirement plans. Plaintiffs claim it is difficult for participants to compare costs among similar plans because they see management fees as lump sums that include costs of services from different providers. Ms. Ross, who is defending Northrop Grumman in two class actions, believes that it will be difficult for plaintiffs to prove a company's negligence over excessive 401k fees, even if the company could have paid plan administrators less. "It becomes a battle of experts. Just because one expert would have done it differently does not prove the plan administrators did it wrong. Negligence is very hard to prove in the ERISA world," Ms. Ross said.
Nancy G. Ross, Class Action, Employee Benefits Litigation, Trial
Jeffrey E. Stone was quoted in the April 22 issue of the Chicago Tribune in an article regarding Your Witness: Lessons on Cross Examination and Life from Great Chicago Trial Lawyers, a book recently published by two Chicago defense attorneys. As a partner in McDermott's Trial Department, Mr. Stone's thoughts on cross-examination are included in the new book. "Many lawyers fail to recognize the inherent drama built into the key cross. Instead of running away from the drama, I believe that the truly great cross-examiner, like the great athlete or actor, seizes that dramatic moment and puts his or her own stamp on it," Mr. Stone said.
Abbe D. Lowell was quoted in the April 20 issue of The Dallas Morning News in an article regarding the indictment of former Mayor Pro Tem Don Hill and thirteen others on charges of taking kickbacks from local developers. Mr. Potashnik, the owner of Southwest Housing, is accused of paying bribes to Mr. Hill. As Mr. Potashnik's lawyer, Mr. Lowell said that he is not concerned about comments from co-defendant Allen McGill, who recently plead guilty and is cooperating with government authorities. "Southwest Housing had nothing to do with McGill. He might have tried to extort them, but that was the extent of any connection," Mr. Lowell said.
Jeffrey F. Webb was quoted in the April 17 issue of the National Law Journal in an article regarding the passage of a law requiring mandatory triple damages in wage and hour cases in Massachusetts. Mr. Webb commented on the surge in wage and hour cases that the state experienced before the legislation took effect and the likeliness that the new legislation will lead to even more filings. "The difference between now and 2004 is that there's been a real increase in the amount of wage and hour class actions that have been filed, and Massachusetts [now] becomes three times as interesting as it was the year before," Mr. Webb said.
Jeffrey F. Webb, Class Action, HR & Employment Litigation, Labor & Employment, Trial
Dana N. Levitt was mentioned by the Daily Journal in an April 10 article regarding his selection as a member of The Fellows of the American Bar Foundation, an honorary group consisting of attorneys, judges and law professors who have dedicated themselves to the well-being of their communities and adhered to the legal profession's highest principles.
Nancy G. Ross was quoted on April 9 by the Associated Press in connection with the representation she has provided for Chrysler in negotiating a restructure of retiree health benefits with the UAW. A proposed deal would require Chrysler LLC to pay $10.3 billion to a trust that would cover the company's $18 billion in retiree health care obligations. An 11-member committee would run the trust and would include six members selected by the court and five selected by the UAW. Regarding the settlement terms, Ms. Ross said, "We do believe in the light of the uncertain environment that Chrysler is operating that this settlement is the best for all parties."
Nancy G. Ross, Employee Benefits Litigation, Labor & Employment, Trial
Edward P. Leibensperger was quoted on April 4 by the Boston Business Journal in an article regarding lawyers’ increasing use of trial consultants to gather information on jurors, examine evidence and take cases through dry runs. As a partner in McDermott's Trial Department, Mr. Leibensperger noted that trial consultants have been an important part of his work for the last ten years. "For every case going to trial I would use a trial consultant. You can really sharpen your presentation as a result of getting that feedback. It also provides a reality test for your client," he said.
Edward P. Leibensperger, Trial
Steven S. Scholes was quoted in the April issue of CFO Magazine in an article regarding the unpredictably and complexity of going to trial in class-action shareholder lawsuits. As a partner in McDermott Will & Emery's Trial Department, Mr. Scholes noted that despite uncertainty, the rising costs of settling have made going to court more attractive. "The tremendous increase in the dollar value of settlements has greatly altered the economics of securities class cases. You can see how the balance would tip toward going to trial, if you have a good defense," he said.
Steven S. Scholes, Class Action, Trial
Edward P. Leibensperger was quoted on April 1 by the National Law Journal in an article regarding the increasing use of state claims, rather than securities claims, when targeting law firms in cases of corporate wrongdoing. Mr. Leibensperger commented on the turn to state claims, including aiding and abetting breach of fiduciary duty and aiding and abetting fraud. "As plaintiffs turn towards going after professionals, they're going to find that the state causes of action are more accessible to them, and, therefore, will go to them," he said.
Edward P. Leibensperger, Professional Responsibility, Trial
Kate Learoyd was quoted in the March 2008 edition of International Financial Law Review in relation to a wave of litigation after the UK government announced emergency legislation to nationalize Northern Rock and leave shareholders with nothing. Ms Learoyd said, "Shareholders might argue that this was illegal expropriation – it could be quite controversial."
Kate Learoyd, Litigation - London, London, Trial
Abbe D. Lowell was quoted on March 22 by the Associated Press in an article regarding the espionage trial of Steven Rosen and Keith Weissman, former lobbyists of the American Israel Public Affairs Committee. The trial has been rescheduled eight times, and prosecutors recently revealed that they will appeal a ruling on how classified information will be introduced at trial. As Mr. Rosen's counsel, Mr. Lowell said, "It's now pretty clear that the government does not want to try this case. They filed these charges without thinking them through, and there appears to be no one in government with enough authority or courage to admit they made a mistake." Mr. Lowell was also quoted in JTA and The New York Sun on March 21.
Jeffrey F. Webb was quoted in the March 17 issue of the National Law Journal in an article regarding a spike in employment class actions that has led law firms to expand their employment litigation practices. Mr. Webb, who recently joined McDermott's Boston office, noted that companies are now sending high-stakes employment class actions to larger name-brand firms rather than smaller employment boutiques. General counsel facing federal class actions choose larger firms because they "don't want to be second-guessed by their board," Mr. Webb said.
Jeffrey F. Webb, Class Action, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
Michael D. Kendall was quoted in the March 13 issue of the National Law Journal in an article regarding Judge Richard G. Stearns' ruling that the Massachusetts Department of Corrections must make dietary and prayer service accommodations for two Muslim inmates. As the prisoners' pro bono counsel, Mr. Kendall noted that this case is one of only a few that have gone to trial since the Religious Land Use and Institutionalized Persons Act of 2000 took effect. "Prisoner cases are very tough to win. Sometimes the facts haven't been developed from the beginning and sometimes clients don't know how to present their claim. This case was won on the strength and sincerity of the prisoners who were bringing it," Mr. Kendall said.
Kate Learoyd was quoted in the March 11 edition of International Financial Law Review in relation to the UK Government's expropriation of shares as it nationalized Northern Rock and how hedge funds and other institutional investors might react if banks respond with clearer divisions between their retail and wholesale operations. Ms Learoyd said, "Investment banks will want access to retail deposits but they will not want their shareholders exposed to the risk that control over the banks is lost in order to protect retail depositors. If you put structured finance lawyers in a room for long enough, they might find a way of achieving that!"
Kate Learoyd, Litigation - London, London, Trial
Kate Learoyd was quoted in the March 10 edition of Asset Securitization Report in relation to European investors showing signs of uneasiness regarding ABS-related losses, which has prompted UK law firms to consider bringing a number of European banks to court. Ms Learoyd said, "Major investment banks are usually reluctant to litigate against each other because of the numerous commercial relationships between them. Smaller banks and financial institutions are not as constrained."
Kate Learoyd, Litigation - London, London, Trial
William P. Schuman was quoted extensively in the March 5 issue of the ABA/BNA Lawyers' Manual On Professional Conduct in an article regarding his presentation at the 2008 Legal Malpractice and Risk Management Conference held February 27 to 29, 2008, in Chicago, Illinois. Mr. Schuman’s presentation discussed the risks and legal exposure for attorneys arising out of their representation of multiple clients in complex transactions.
William P. Schuman PC, Professional Responsibility, Trial
Abbe D. Lowell was mentioned in the March 3 issue of the The New York Times in an article regarding the espionage charges against Steven J. Rosen and Keith Weissman, former senior analysts for the American Israel Public Affairs Committee (AIPAC). As Mr. Rosen's lawyer, Mr. Lowell stated that the defense will demonstrate that for years, American policy on Israel and the Middle East has been determined by back-channel conversations between AIPAC and senior policymakers, diplomats and journalists. Mr. Lowell noted that the trial raises "strange and troubling issues, notably the decision to target AIPAC for common and proper behavior that goes on in Washington every day."
Jeffrey F. Webb was quoted in the March 3 issue of the Boston Business Journal regarding the movement of same-sex couples to Massachusetts where laws recognize same-sex marriages and offer same-sex couples legal rights and spousal health benefits. Mr. Webb relocated to Boston to live as a legally married couple with his life partner, Mark Schuster, and the pair's twin sons. Regarding their 2004 marriage, Mr. Webb said, "That was something that was really important to us."
Jeffrey F. Webb, Employee Benefits Litigation, Trial
Rory K. Little was mentioned in the February 29 issue of the Daily Herald in an article regarding Barry Bonds' federal indictment for perjury and obstruction of justice. As a former federal prosecutor, Mr. Little said that he would be shocked if U.S. District Court Judge Susan Illston dismissed the federal indictment.
Nancy G. Ross was recognized in the February 2008 issue of Chicago Magazine as one of the Top 50 Women Attorneys in Illinois.
Abbe D. Lowell was recognized in the February 2008 issue of American Lawyer as one of 14 Star Laterals of the Year.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
Jeffrey F. Webb was quoted in the February 25 issue of Massachusetts Lawyers Weekly regarding his relocation to Boston to live as a legally married couple with his life partner, Mark Schuster, and the pair's twin sons. A lawyer in California since 1990, Mr. Webb noted that California has a "separate and equal approach to gay relationships; they call it domestic partnerships." Regarding his relocation, Mr. Webb noted that, "For us, it was not a specific legal benefit that we were looking for, it was more the fact of knowing that our family would be treated under the law the exact same way as other families and that we're just another family." As a new partner in McDermott's Boston office, Mr.Webb noted that, "I really wanted to practice at a level I was used to," and that McDermott has, "a similar international presence, the kind of client base, the firm management I found most similar to what I was used to and what I liked."
Jeffrey F. Webb, Employee Benefits Litigation, Trial
Jeffrey F. Webb was quoted in the February 22 issue of Employment Law360 in an article regarding his recent move to McDermott Will & Emery. "The reason for my move to McDermott was the firm offered the kind of national and international platform that would be terrific for growing my practice," Mr. Webb said. Mr. Webb also noted that his previous experience serving as in-house counsel at Fox has given him valuable insight into working with a client base of in-house counsel. "If I'm talking to an in-house lawyer who has to report to a CEO or board of directors, I understand that my role is greater than just getting great results in the courtroom," he said.
Jeffrey F. Webb, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
Joel G. Chefitz was quoted in a February 8 article published by the Chicago Tribune regarding the urgency felt by bankers and executives to complete complex deals and mergers while President Bush is still in office. Mr. Chefitz stated that the threat of political change can be an effective tactic for accelerating negotiations. "Having been through a lot of mergers, I'd say that those pushing a merger are probably focusing on this being the last year of a Republican administration. That may be more a matter of negotiation than genuine concern," he said.
Joel G. Chefitz, Mergers & Acquisitions, Trial
Christopher D. Man was quoted in a February 6 article published by the Washington Blade regarding Seaman John Dokken's petition to change his 1969 "other than honorable" discharge to an "honorable" discharge. Mr. Man stated that the Navy violated the Fifth Amendment's protection against self-incrimination, failed to provide a hearing in which Dokken could contest the allegation of homosexuality and violated the "Don’t Ask, Don’t Tell" policy by interrogating Dokken about his sexuality. "The Navy cannot redress that injury or erase the years of suffering Mr. Dokken has endured as a result of the Navy's wrongdoing, but the Navy can wash away the blight of the discharge that remains on Mr. Dokken's military record," Mr. Man states in his petition. Regarding the access Dokken would gain to limited military benefits, Mr. Man said, "It's not really about benefits—it's really largely symbolic in this case."
Kate Learoyd was quoted in the February 1 issue of the International Law Firm Review on the UK Treasury Committee's plans to strip bank shareholders of their voting rights. The Committee wants to create a new banking authority that can nationalize shareholder votes if their bank is deemed to be heading for insolvency. Shareholder consent would not be necessary. Ms. Learoyd commented, "Shareholders might argue that this was illegal expropriation – it could be quite controversial." Commenting on banks responding with clearer divisions between their retail and wholesale operations, Ms. Learoyd said, "Investment banks will want access to retail deposits but they will not want their shareholders exposed to the risk that control over the bank is lost in order to protect retail depositors. If you put structured finance lawyers in a room for long enough, they might find a way of achieving that!"
Russell Hayman has been selected as one of Nightingale's Healthcare News' "Outstanding Healthcare Litigators" for 2007. Mr. Hayman was recognized as having successfully defended a client in a qui tam case regarding allegation of plagiarism with respect to endocrinology data submitted to National Institutes of Health (NIH) in support of an NIH grant application. He was also recognized for having successfully defended a client against claim that genetic research data had been falsified. Mr. Hayman is one of the 12 healthcare litigators throughout the United States to make the list.
Rory Little was quoted in the January 18 issue of The Fresno Bee regarding law enforcement sources' reports that Central Valley's chief federal prosecutor, U.S. Attorney McGregor Scott, is one of the leading candidates to run the Drug Enforcement Administration. "His reputation is that he's a straight shooter," said Mr. Little. "He's right down the line, and people think he's done a pretty good job there." He also added that "it's not that uncommon" for U.S. attorneys to be tapped for bigger jobs, especially during the end of an administration.
Nancy Ross was mentioned in the January 15 issue of Crain's Chicago Business for being named a Leading Lawyer in Employee Benefits Law by www.LeadingLawyers.com.
Abbe David Lowell is mentioned in the January issue of Washingtonian magazine regarding his role as lead defender of former AIPAC staff member Steven Rosen. Regarding the classified information case, the article states, "a conviction is by no means a sure thing, due in part to an aggressive three-year fight by the defense team, led by Abbe Lowell for Rosen and by John Nassikas III for Weissman. The lawyers' no-stone-unturned litigation fills a foot-thick file of motions and rebuttals in US District Court in Alexandria."
Abbe D. Lowell, Trial, White-Collar Criminal Defense
Jeffrey E. Stone is quoted in the January 1 issue of CFO Magazine regarding the Securities and Exchange Commission's backdating charges against Carl W. Jasper, ex-CFO of Maxim Integrated Products. Mr. Stone said that if the case proceeds to trial, Jasper's chances are fairly good. He notes the accounting rule that applies to backdated options, APB 25, is so complex that "the government has the difficult burden of establishing that any individual, CFO or otherwise, had the requisite understanding of those accounting rules at the time the events happened."
Jeffrey E. Stone was quoted in the January 2008 issue of CFO Magazine in an article regarding the Securities and Exchange Commission's backdating case against Carl W. Jasper, ex-CFO of Maxim Integrated Products. Mr. Stone stated that Jasper has a good chance of defending himself against accusations of backdating options if the case proceeds to trial. Because the accounting rule that pertains to backdated options, APB 25, is so complex, "the government has the difficult burden of establishing that any individual, CFO or otherwise, had the requisite understanding of those accounting rules at the time the events happened," Mr. Stone said.
Jeffrey E. Stone, SEC Defense, Trial
Michael W. Weaver was mentioned in American Lawyer's January 2008 issue, in an article discussing clerkship opportunities in the South Pacific. The legal systems in these territories are similar to the U.S. system and appeals from their courts usually rest with U.S. courts. Therefore, many of these territories welcome American law students to work in their courts as clerks and counsel. Mr. Weaver spent last year as a law clerk at the High Court of American Samoa.
Michael A. Pope was quoted in the January 1 issue of Law360 regarding the presidential candidates' lack of discussion about their plans concerning regulation and litigation. He noted that nearly all of the presidential candidates have law degrees, so they likely have opinions on the matter, but they have remained largely silent because the issue does not currently resonate with voters. "I don't see it being an issue in the campaign for president hardly at all," Mr. Pope said.
Andrew D. Kaizer was quoted in the January 1 issue of Financial Services Law 360 regarding mortgage-related class action litigation. "There's going to be considerably greater information available about the seizing up of credit markets in the coming weeks," Mr. Kaizer said. "And as more information becomes available, there will be more unhappy individuals turning to the courts for relief." In the same issue, he was quoted on the Klein & Co. Futures v. Board of Trade of New York case. "The appellee said it would have an enormous economic impact," Mr. Kaizer said. "But the facts of this particular case involve a narrow statutory interpretation. Therefore, in deciding this case, the Supreme Court will probably want to take a narrow approach to correctly interpret section 25(b)."
2007
The Washingtonian released its fifth list of "Big Guns" in the December 2007 issue. The Washingtonian selects "Big Guns" based on peer recommendations and follow-up interviews. The following McDermott lawyers were named "Big Guns": Bobby R. Burchfield, Joel M. Freed, Abbe D. Lowell and Blake D. Rubin.
Bobby R. Burchfield, Joel M. Freed, Abbe D. Lowell, Blake D. Rubin, Intellectual Property, Media & Technology, Tax, Trial
In the December issue of Legal Business, Juliet Blanch and Kate Learoyd were quoted in an article examining the prospect of litigation against financial institutions given the recent liquidity crisis. "I think most firms would consider defending a client in relation to a claim brought against it by an investment bank," Ms. Blanch said. "But I can also see circumstances in which a firm may start to take work on if they have a very close relationship with a key financial institution and that institution is one the firm knows they're never going to get work from on the transactional side." Ms. Learoyd remarked, "We have already seen different approaches in restructuring projects, where the investment banks pursue a non-contentious co-operative plan only to find that the smaller institutions, such as hedge funds, aren't willing to play along nicely."
Juliet Blanch, Kate Learoyd, London, Trial
Abbe David Lowell was quoted in the December 22 edition of the New York Times regarding whether the C.I.A.'s withholding of videotapes documenting the interrogations of two al Qaeda operatives violated federal law. Mr. Lowell said the question of whether the agency had broken the law by omitting mention of the videotapes was "pretty complex," but said he "wouldn’t rule it out." Mr. Lowell also said that because the requests were not subpoenas issued by a court or Congress, C.I.A. officials could not be held in contempt for failing to respond fully. Apart from that, however, it is a crime to make a false statement "in any matter within the jurisdiction of the executive, legislative or judicial branch," Mr. Lowell remarked.
Pieter H.F. Bekker was quoted in the December 4 issue of Global Arbitration Review regarding his appointment as an adjunct faculty member of Columbia Law School. He will teach international investment arbitration starting in January. "My course is designed to prepare the students for the actual conduct of an investment arbitration, by focusing on the ins and outs of settling disputes through arbitration - from the initiation of the case through to the enforcement of the award," Mr. Bekker said.
Joel E. Cohen was mentioned in the November 27 online edition of Bloomberg and in the November 28 edition of the National Post in response to a New York jury's statement that Firm client WestLB AG should pay a former saleswoman $2.54 million for retaliating against her after she complained of gender discrimination. Mr. Cohen said the Firm will file a motion to reduce the award before the November 29 deadline.
Abbe D. Lowell was quoted in the November 21 issue of Jewish News Weekly of Northern California in response to the federal judge in the classified information case against two former AIPAC staff members wanting to question prospective jurors about possible anti-Semitic views. "In a case like this which concerns the pro-Israel lobby, defendants who are themselves Jewish, events in the Middle East [and] the times we live in, it’s very appropriate that the judge should be sensitive and ask us to be sensitive to a jury selection device that might minimize the risks of selecting jurors with an anti-Jewish bias," Mr. Lowell said.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
Joel G. Chefitz was quoted in a November 15 article published by the Chicago Tribune regarding rumors of a possible merger between United Airlines and Delta Air Lines. A major shareholder of both airlines sent a letter urging Delta to pursue a merger with United's parent company, UAL Corp. Although both sides deny that a deal is being negotiated, Mr. Chefitz noted that if the airlines can show that a merger would significantly reduce operating costs in the face of astronomical fuel prices, they would have a very persuasive argument for gaining approval from federal antitrust authorities. "I think the climate for getting an airline merger through right now is a lot better than it was when United failed to acquire US Airways," Mr. Chefitz said. Mr. Chefitz was also quoted in The Providence Journal on November 16.
Joel G. Chefitz, Airport & Aviation, Mergers & Acquisitions, Trial
Raquel "Rocky" Rodriguez was mentioned in the November 15 issue of Florida Bar News to announce her appointment to the Southern District of Florida's Federal Judicial Bar and Community Liaison Committee by U.S. District Court Chief Judge Federico A. Moreno.
Rory Little was quoted in a November 15 issue of Inside Bay Area regarding Barry Bonds' indictment on perjury charges. In a five-count indictment, federal prosecutors charged Barry Bonds with perjury and obstructing justice in connection with his December 2003 testimony to a grand jury. "These are hard cases to prove," Mr. Little said. "The government has got to prove that he lied. That's going to be a very difficult thing for them to do."
Rory Little, Sports & Entertainment, Trial
On November 12 the Los Angeles Daily Journal highlighted the McDermott Will & Emery litigation team, which received the Pro Bono Services Award at the Legal Aid Foundation of Los Angeles Access to Justice Dinner. Partner Elizabeth Mann and Firm Chairman Harvey Freishtat, along with the McDermott litigation team, were photographed receiving the award.
Harvey W. Freishtat, Elizabeth D. Mann, Pro Bono, Trial
Rory Little was quoted in a November 4 article published by the Los Angeles Times regarding the federal corruption probe of state Senate President Pro Tem Don Petras. Mr. Little commented on the investigation after a grand jury issued subpoenas and agents have collected additional records in the federal investigation. "Allegations swirl around political figures all the time, and the U.S. attorney's offices and the FBI look into some of them and often conclude there is nothing to do…You do not go up against a prominent politician until you have proof beyond a reasonable doubt," he said.
Abbe D. Lowell was quoted in a November 2 article published by the Associated Press regarding the subpoena of Secretary of State Condoleezza Rice as well as some of President Bush's top foreign policy advisors in order to testify about their conversations with pro-Israel lobbyists. Abbe commented on behalf of both defendants, who have been accused of receiving secret national security information. "For over two years, we have been explaining that our clients' conduct was lawful and completely consistent with how the U.S. government dealt with AIPAC and other foreign policy groups. We look forward to the trial," Mr. Lowell said. This story appeared in The New York Times, The Washington Post and other news organizations.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
Steven S. Scholes was quoted in the November/December issue of Corporate Board Member regarding updates on directors' and officers' insurance. Mr. Scholes discussed how although there is no rule to how much D&O coverage a company should carry, many organizations are underinsured. Mr. Scholes stated that your company should ask, "how it decided what limits to purchase and what the typical settlement values are for comparable-size companies in the same industry."
Steven S. Scholes, Insurance, Trial
Stephen M. Ryan was mentioned in a November 1 article published by The New York Times regarding Blackwater Wordwide's hiring of some of the top Washington, D.C. lawyers in order to mount an aggressive legal, political and public relations counterstrike. Mr. Ryan is one of Blackwater's lawyers due to his reputation as being one of the top white collar defense lawyers as well as his experience as a former general counsel of the Senate Governmental Affairs Committee.
Stephen M. Ryan, Government Strategies, Trial, White-Collar Criminal Defense
Juliet Blanch, head of the Firm's International Dispute Resolution Group, was ranked 15 out of the top 30 female arbitrators globally by the Global Arbitration Review. The rankings were based on the weighted votes of top arbitrators practicing around the world.
Juliet Blanch, International Dispute Avoidance and Resolution, London, Trial
Jeffrey J. Bushofsky was mentioned in an October 25 article published by The Chicago Tribune regarding civil lawsuits against several chains of MRI facilities accused of involvement in kickback schemes. Illinois Attorney General Lisa Madigan's office plans to refile five cases with additional information in response to Cook County Circuit Court Judge Peter Flynn's request for more factual detail against defendants. Mr. Bushofsky represents Central States Imaging and Nydic. He recently reached a favorable settlement with the government on behalf of Central States Imaging, as mentioned in the article.
Jeffrey J. Bushofsky, Health, Health Care Litigation, Trial
Steven F. Pflaum has been chosen by The Alliance for Sensible Airspace Planning (ASAP) to represent ASAP in a lawsuit challenging the redesign by the Federal Aviation Administration (FAA) of airspace in the New York-New Jersey-Philadelphia metropolitan area. ASAP contends that the airspace redesign will adversely affect the quality of life for hundreds of thousands of residents while doing little to address air traffic control delays. Judy Neville, the chairperson of ASAP stated that of the four firms selected to make a pitch to represent the alliance "it was a unanimous decision to select [McDermott]. They're one of the top three aviation law firms in the country." This engagement has been covered by numerous news outlets including, The Wilton Villager, AirGuide Magazine, The Stamford Advocate and The Westport News.
Eugene I. Goldman was quoted in an October 19 article published by Registered Rep Magazine regarding whether it is better to fight than to make a deal with the Financial Industry Regulatory Authority (FINRA). A recent analysis indicates that litigating against the FINRA enforcement division would achieve better results in comparison to the relief sought by FINRA staff. Mr. Goldman did a study in 1998 and 2000 that showed enforcers at the SEC often lose cases heard by their own administrative law judges. The recent FINRA analysis shows hearing panels often reduced suspension periods and reduced requested bars to suspensions. "One of the most important things to a broker and the employer is whether they have to 'take a vacation,' as we call it," said Mr. Goldman. "It does appear that this is an area where it may be worth fighting. But the key missing ingredient is what the settlement posture was before it went to hearing."
Eugene I. Goldman, SEC Defense, Trial
Abbe D. Lowell was quoted in an October 18 article published by The Dallas Morning News regarding the complexity surrounding the trial of Brian Potashnik. Mr. Lowell suggested that Mr. Potashnik would waive his right to a speedy trial so that his lawyers would have time to go through the evidence of more than 30,000 wiretapped phone calls as well as more than 200 boxes of documents. Because prosecutors indicted Mr. Potashnik along with his wife and father, Mr. Lowell stated that the case was both cynical and misguided.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
Paul M. Thompson was quoted in an October 17 article published by Roll Call regarding attorney general nominee Michael Mukasey's confirmation hearings over whether he would enforce contempt of Congress citations that could still be issued in the U.S. attorneys investigation. As a former Republican Judiciary Committee counsel, Mr. Thompson commented on the hearing regarding the extent to which Congress will assert itself over the executive branch. "The question will be for certain members of the Judiciary Committee whether they won their political victory when Attorney General Gonzales resigned and whether they feel pursuing this has some political value to them," Mr. Thompson said.
Paul M. Thompson, Government Strategies, Trial, White-Collar Criminal Defense
Juliet Blanch was quoted in the October issue of Legal Business in recognition of being one of the 50 most influential women in the UK legal market. Ms. Blanch emphasized that in the past, women had to believe in themselves. "I never made the mistake of trying to be more boyish than the boys...I learned quickly that you could be true to yourself and succeed," she said. The article also addressed the benefit of diversity in firms, indicating that in one case, opposing [male] counsel watched Ms. Blanch's approach to interviewing traumatized witnesses and "was convinced that he should always have a female lawyer present."
Abbe D. Lowell was quoted in an October 14 article published by newsday.com regarding Robert Toussie's decision to join in the bidding at a two-day auction of surplus land at the Hyatt Regency Windwatch Hotel in Hauppauge. Mr. Lowell commented that after the two days in court following a threat of police arrest at a 2004 sale, the parties had come to a truce resulting in his ability to bid at auction. "What Mr. Toussie wanted is nondiscriminatory access and that's what's been given," Mr. Lowell said.
Thomas A. Ryan was quoted in an October 9 article published by the Burbank Leader regarding the approval of Bob Hope Airport's project proposal for a new baggage-inspection facility. Although the Burbank City Council wants to know more information before granting approval, Mr. Ryan stressed that there is no legal impediment to construction. He cited the development agreement between the city, along with having directive from Transportation Security Administration as reasons the project is permitted.
Steven S. Scholes completed a Q&A on October 8 published by Securities Law360 regarding his work in white-collar and securities law.
Steven S. Scholes, SEC Defense, Trial
Bobby R. Burchfield was quoted in the October issue of Washington Lawyer regarding whether there should be a reform in the electoral system as the nation prepares for the 2008 presidential election. Mr. Burchfield commented on his support of the electoral college and why changing to national direct elections may not be the answer. "It doesn't persuade me that the system is bad, to say that sometimes the system produces a result that a different system would produce differently," he stated. Mr. Burchfield further commented on the shift that would result if national direct elections for presidential campaigns became the standard. "The popular vote would tend to push candidates into population centers. They would have to go where the people are rather than allocate their campaigns throughout the country," he said.
Bobby R. Burchfield, Elections & Political Law, Trial
Abbe D. Lowell was quoted in a September 30 article published by the Jackson Clarion Ledger regarding Paul Minor's request to stay all or part of his sentence pending appeal and for more time to pay his fine. In regards to Mr. Minor's sentence, Mr. Lowell stated that, "To hold Mr. Minor in further detention when the other co-defendants remain free is unfair and should be reconsidered." Mr. Lowell went on to comment on Mr. Minor's fine, stating that, "a lump-sum payment of fine, plus restitution, would place serious and undue hardships on him and his family."
Rory Little was quoted in a September 26 article published by the Associated Press regarding fundraiser, Norman Hsu, who is currently in jail due to his alleged Ponzi schemes. Mr. Little commented on the debate as to whether he should be in state or federal custody. "The normal rule is if you have the body, you have primary custody. The state has primary custody," Mr. Little said.
Margaret Warner was profiled in "Sources Revealed: Trying Cases" published in the September 21 issue of the Washington Business Journal.
Margaret H. Warner, Insurance, Trial
Elliot Silverman was quoted in a September 19 article published by the Corporate Crime Reporter regarding a recent survey that stated eighty percent of white-collar criminal defense attorneys favor preserving corporate criminal liability. Mr. Silverman is among those who would not eliminate the liability, but rather limit it. "The federal rule, which permits a corporation to be prosecuted for the acts of even a low-level employee, is too broad. The better rule is that in the Model Penal Code and in the New York Penal Law, which subjects a corporation to prosecution only for the acts of upper management," Mr. Silverman said.
Elliot Silverman, Trial, White-Collar Criminal Defense
Michael S. Sommer was quoted in a September 18 article by The Christian Science Monitor regarding President Bush's decision to nominate Michael Mukasey as his next attorney general. Mr. Sommer commented on the retired judge, stating that he never showed any sense of partisanship. "He is extremely bright and hardworking. Politics was not an issue in his courtroom," Mr. Sommer said.
Jocelyn D. Francoeur was mentioned in a September 18 article by the Chicago Daily Law Bulletin regarding the 7th U.S. Circuit Court of Appeals decision to issue a new trial to Felix Vasquez - Ruiz. Ms. Francoeur argued the case before the 7th Circuit on behalf of Mr. Vasquez - Ruiz.
Jocelyn D. Francoeur, Pro Bono, Trial
Abbe D. Lowell was quoted in a September 16 article by The Maryland Daily Record regarding an FBI probe into the American Israel Public Affairs Committee (AIPC) and whether or not they supplied controversial information to Israel. Mr. Lowell commented on the high profile case in which Steven J. Rosen, AIPC's foreign policy director, and Keith Weissman, an analyst, were charged with conspiracy dating as a result of the probe. "It's a very laborious, very labor-intensive, very intricate process that requires an enormous amount of work by the court," Mr. Lowell said.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
Rory Little was quoted in a September 15 article by Manila Standard Today regarding the tug-of-war a federal judge is going through in considering whether to grant bail to a California man who has been accused of having ties to terrorist groups. Mr. Little reinforced a 1984 bail reform law which stated that people charged with a violent crime, those charged with an offense for which the maximum sentence is death or life imprisonment or those who pose a serious flight risk are the only people who can be held without bail. "Congress has not written a law saying all people with terrorism offenses must be detained or that terrorism cases must be tried differently," Mr. Little said.
Michael A. Pope, PC was quoted in a September 5 article by Riverfront Times regarding Amiel Cueto's defamation lawsuit against The Madison -St. Claire Record, where the small daily newspaper issued a non-bylined column entitled "Pulling strings?" that stated Cuerto had been seen at a meeting of St. Clair County judges. Mr. Pope referred to a letter that was published by the paper after the article was distributed which was signed by a number of judges stating that the meeting never took place and that Cuerto had never been invited or attended a Circuit Judge meeting. "I don't know what to make of the [judges'] letter. Is it correct but slightly misleading to say that on the nineteenth no one had a meeting there? That's something that people will have to judge for themselves," Mr. Pope said.
Steven S. Scholes was mentioned in the September issue of Leading Lawyers Network Magazine in recognition of being named a top business lawyer in Illinois. This recognition is based on peer nominations.
Michael S. Sommer was quoted in an August 29 article published by Law.com regarding a federal judge's decision to declare a mistrial without polling the jury, which has resulted in the government being barred by double jeopardy from retrying two white-collar defendants. Mr. Sommer commented on the case where his client, Michael DeGennaro, was acquitted of all counts against him. Even though he had requested the polling, the government had opposed it and it was later noted that the panel's deadlock was related to a different client. "We are thrilled the 2nd Circuit's decision bars the retrial and thereby honors the jury's unanimous decision that Michael DeGennaro was innocent. We were troubled that the government did not respect the jury's view of the evidence and instead sought to retry DeGennaro on the basis of the trial judge's error. The circuit's decision puts an end to that effort," Mr. Sommer said.
Michael S. Sommer, Trial, White-Collar Criminal Defense
Edward P. Leibensperger was quoted in an August 24 article published by the Boston Business Journal regarding new regulations and expensive lawsuits that have forced corporate directors to assert their independence over managers. Mr. Leibensperger commented on the tension between management and corporate directors in the post-Sarbanes era. "I think the publicity of first the Enron debacle and then Sarbanes-Oxle strengthened a principle that was always there: Outside directors have to be independent," Mr. Leibensperger said.
Edward P. Leibensperger, SEC Defense, Trial
Michael A. Pope, PC was quoted in an August 21 article published by Product Liability Law360 regarding the growing importance of product liability in international trade. Mr. Pope discussed McDermott's efforts to help international firms comply with regulations and defend themselves against lawsuits by utilizing their strategic partnership with the Chinese law firm, MWE China Law Offices, as well as with their international dispute resolution team. Mr. Pope stated that the cooperation between all of the teams reflects the firm's "corporate culture where people reach out across practice groups." He continued, "It's not just simply going to trial. I think more and more the advice we bring to people will be important."
Michael A. Pope PC, International Dispute Avoidance and Resolution, Product Liability, Trial
Jeffrey E. Stone appeared on WTTW11 Chicago on August 21 on a panel discussing the 7th Circuit's decision to affirm the conviction of former Illinois Governor George Ryan. The decision included a strongly worded dissent, and was the subject of widespread media coverage.
Jeffrey E. Stone, Trial, White-Collar Criminal Defense
Jill Basinger was quoted in an August 14 article published by The Los Angeles Times regarding Academy Award winner Phillip Feiner suing Pacific Title & Art Studio in a wrongful termination suit. Jill commented on the case in which Mr. Feiner was let go in March as the former president of Pacific Title & Art Studio two days before his contract was up. "They believe they acted properly toward Mr. Feiner and they are going to defend the lawsuit vigorously," Ms. Basinger said.
Jill Basinger, HR & Employment Litigation, Trial
Matthew J. Jacobs was quoted in an August 11 article published by The San Jose Mercury News regarding the impact of the jury decision to convict Greg Rayes of security fraud in the first criminal case associated with stock-option backdating. As a former U.S. attorney for the Northern District, Mr. Jacobs commented that there are still many cases in which the Justice department hasn't made a decision about whether or not to pursue criminal charges. "Certainly, everyone involved in these cases has taken note of the jury's verdict, and the government will probably be emboldened to bring more criminal cases," Mr. Jacobs said.
Matthew J. Jacobs, SEC Defense, Trial, White-Collar Criminal Defense
Pieter Bekker is listed among some 600 entries in the first edition of Who's Who in Public International Law (Crestwall, 2007), a publication masterminded by Sir Elihu Lauterpacht, Professor of International Law Emeritus at the University of Cambridge.
Pieter Bekker was quoted in an August 7 article published by Compliance Week regarding the need for defensive strategies in foreign litigation, as shown by the latest U.S. company to be involved with overseas regulators, the Bank of New York. Mr. Bekker commented on the $22.5 million lawsuit by Russian authorities for illegal money transfers, even though the Bank of New York claims that they neither have an office nor conduct any business within the Russian Federation. "There is no universal treaty that provides for the recognition and enforcement of judgments. U.S. courts are not bound to enforce a Russian judgment," he said. Mr. Bekker went on to state that the best way to get protection is to file a competing lawsuit in U.S. courts to seek an anti-trust injunction.
Pieter Bekker, International Dispute Avoidance and Resolution, Trial
Abbe D. Lowell was quoted in the August issue of The American Bar Association Journal in an article regarding honest service charges and the courts struggle to differentiate between clear instances of fraud from job duties that naturally involve politics. Mr. Lowell explains that federal prosecutors use the law aggressively in determining how far theft of honest services will go. "One thing about criminal cases that we always counted on is that people should be given fair notice of when their conduct does and does not violate the law. When you start using those rules so broadly, you lose any sense of notice," Mr. Lowell said.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
Steven S. Scholes was quoted in an August 1 article published by CFO Magazine regarding the effect of the Sarbanes-Oxley Act on the relationship between the Securities and Exchange Commission (SEC) and other key players. Mr. Scholes notes that the relationship with the Financial Accounting Standards Board (FASB) is particularly complicated due to a history of being at odds with each other. "It is eminently clear that the SEC is insisting on a seat at the table during the process through which FASB members are nominated. What is not as clear is how the SEC will use that seat," Mr. Scholes said.
Steven S. Scholes, SEC Defense, Trial
Raquel Rodriguez was mentioned in a July 31 article published by the Miami Herald regarding a trademark infringement case over the rights to use the phrase "Miami Fashion Week." Currently three companies refer to their fashion week as "Miami Fashion Week", however Fashion Week of the Americas, represented by Ms. Rodriguez, has brought a lawsuit regarding their rights to this phrase. Ms. Rodriguez stated that her client first used the phrase in 1999 and that the longevity strengthens her case.
Raquel Rodriguez, Intellectual Property, Media & Technology, Trademark/Brand Protection & Enforcement, Trial
David S. Rosenbloom was quoted in a July 27 article published by The National Law Journal regarding the acquittal of charges against Stora-Enso North America Corp. for price fixing. He stated that his client felt very strongly that the allegations brought against them were false and that they wanted to trust their fate to the justice system, even though most companies will try to cut a deal. "Corporations charged with criminal price fixing rarely go to trial -- much less win. Juries tend to relate more to individuals rather than corporations, so winning an acquittal for a corporation is a rare success," Mr. Rosenbloom said.
David S. Rosenbloom, Corporate Responsibility - White Collar, Trial, White-Collar Criminal Defense
Michael A. Pope was mentioned in the July 24 issue of U.S. Law Week in an article regarding punitive damages being awarded as a result of the Philip Morris U.S.A. v. Williams case. Although the Supreme Court held that jury could not impose punitive damages for injuring persons not before the court, the plaintiff was awarded $79.5 million in punitive damages due to the death of her husband as a result of cigarette smoke. The verdict resulted in confusion over the limits of punitive damages. Mr. Pope stated that when plaintiffs' attorneys are uncertain about a result as to punitive damages, they will place less reliance on that factor in settlements and in their pleadings.
Margaret H. Warner was quoted in a July 17 article published by the U.S. Newswire regarding the filing of a lawsuit against Mayor Michael Bloomberg and WTC Captive Insurance Co., Inc for misusing assets. Ms. Warner emphasized that WTC Captive was created to pay the injured workers claims. "The fundamental purpose behind the creation and funding of [the Captive] is to conserve and disburse its assets in an equitable manner that maximizes compensation to those parties who suffered damage as a result of the WTC site debris removal program," Ms. Warner said.
Margaret H. Warner, Insurance Disputes, Trial
Rory Little was quoted in a July 16 article published by the Associated Press regarding the trial of a New Jersey millionaire based on a controversial law aimed at thwarting "sex tourism" crimes. His trial will be based on crimes committed on foreign soil. "It is a very unusual theory to say that you can prosecute an American citizen in this country for actions taken completely in another country," said Mr. Little. "This is not a crime against America, although it's a crime against universal morality."
Linda M. Doyle was quoted in a July 16 article published by The National Law Journal regarding the use of the "Larson Test" in the Delaware Supreme Court. The case was brought by an employee in a personal injury suit against a co-worker based on injury by horseplay on the job. Ms. Doyle commented that although most states have a variation of the Larson rule, it is difficult for plaintiffs to get third party damages from other employees. "In the Grabowski decision, he got his workers' comp and now he has to show [his co-workers' actions] were outside the scope of employment," Ms. Doyle said. "That inconsistency would not work in all states."
Linda M. Doyle, HR & Employment Litigation, Labor & Employment, Trial
Thomas O. Bean was quoted in a July 13 article published by The Boston Globe regarding Tweeter Home Entertainment Group's acceptance of a $38 million bid for assets from a New York investment firm. Tweeter had filed for bankruptcy protection a month ago and is looking to finalize the bid as early as possible if it is approved by a federal judge. "Under these circumstances it would be atypical for the court to reject the debtor's request," Mr. Bean commented.
Thomas O. Bean, Restructuring & Insolvency, Trial
Abbe D. Lowell was mentioned in a July 13 article published by The Las Vegas Sun regarding Nevada Governor Jim Gibbons opening a new legal defense fund to cover various legal expenses including the recent FBI probe accusing him of taking money and gifts in exchange for helping a Reno company get defense contracts. Mr. Lowell has been hired to advise Mr. Gibbons on FBI questioning.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
Peter Sacripanti was quoted in a July 6 article published by Bloomberg regarding Honeywell's decision to use fewer law firms for their legal work so that they can gain volume discounts. Peter commented on McDermott's relationship with Honeywell, which involves handling commercial litigation for the company. "We provide value to Honeywell," Mr. Sacripanti said.
Peter John Sacripanti, Mass & Toxic Torts, Trial
Rory Little was quoted in a July 3 article published by The New York Times regarding a chief judge's filing of a disciplinary complaint against a federal prosecutor in Boston. Rory commented on the unusual dispute that had resulted due to disagreements within the Justice Department regarding the disclosure of documents for trial. "You just don't see this kind of pitched battle. This is very rare, and it looks like a black mark on the department if the facts are as the judge says they are," Mr. Little said.
Gordon Greenberg, Terrence McMahon and James Sanders have been recongnized in the Who's Who Legal: California 2007 edition. Who’s Who Legal: California recognizes 725 leading private practitioners in 25 distinct practice areas. James Sanders and Gordon Greenberg have been recognized for their business crime practice, while Terrence McMahon has been recognized for his patent practice.