Big Deals // Verdicts // Settlements
November 19, 2008
Big Deals
Mayer Brown is representing the City of Chicago in a $2.52 billion bid to privatize Midway Airport. The lead partners for Mayer Brown are John Schmidt, David Narefsky, and Joseph Seliga; associates Michael A. Serafini and Bobby L. Owens are also working on the deal.
The group seeking to purchase Midway is Midway Investment and Development Company, a consortium of Citi Infrastructure Investors from New York; YVR Airport Services, a Vancouver, Canada, company; and John Hancock Life Insurance Co., from Boston.
Under the terms of the 99-year lease, MIDCo will pay the entire purchase price — $2.521 billion — in upfront rent to the city at closing and will then have the right to operate the airport, subject to the terms of the lease. Both the city and the airlines will have the right to take action for any failure of the operator to meet the standards of the lease. The lease requires MIDCo to assume a 25-year use agreement with the airlines; airline rates and charges are capped at a level below 2008 charges and will remain frozen for six years.
The transaction is enabled by the FAA’s Airport Privatization Pilot Program, which, by statute, allows as many as five airports in the country to be privatized.
The transaction needs the approval of the FAA and the Transportation Security Administration, and is also subject to the approval of the Chicago City Council.
Shefsky & Froelich served as counsel to U.S. Equities Realty in closing the first phase of its $42 million retail and restaurant development, MetraMarket at the Ogilvie Transportation Center. Jack Guthman, Anthony R. Licata, and Paul Kelley worked on the transaction.
Verdicts
Much Shelist announced that the 8th U.S. Circuit Court of Appeals confirmed an arbitration award of $20.7 million to a former senior executive of both Enterprise Rent-A-Car and its parent company, the Crawford Group.
William F. Holekamp became an employee of Crawford in 1976, and was named executive vice president of Enterprise in 1992. After retiring at the end of 2000, he served the company as a consultant for five years.
In 1999, Crawford began compensating its senior employees with stock instead of entirely in cash. In 2004, Crawford informed Holekamp that the company intended to repurchase stock that had been given to him. The company tendered payment in the amount of $11.4 million based on a $25.32 share price that was derived from an appraisal utilizing methodology different than that used when the stock was originally given to employees.
In response, Holekamp filed a demand for arbitration, alleging that Crawford’s call and valuation of the stock breached the original stock award and shareholder agreement issued in 2000.
Crawford responded by filing suit in Missouri state court requesting specific performance of the repurchase provisions of the agreement. The court granted Crawford specific performance of the repurchase provisions and, in regard to the share price issue, concluded that the dispute was to be determined by arbitration.
Following a three-day hearing in March 2006, an arbitration panel entered an award based upon the same method of valuation used when the stock was originally issued. This set the purchase price of Holekamp’s stock at $45.90 a share, resulting in an award of $20.7 million — $9.3 million higher than Crawford’s original payment. Crawford then challenged the award, but the district court confirmed it. The 8th Circuit’s decision affirmed the order issued by the district court.
Settlements
The estate for a baby who was not properly treated for jaundice settled his case against the hospital and doctors for $7.75 million.
Luca Vaia was born in July 2000 at Elmhurst Hospital after a normal delivery; two days later, a nurse noted that he was slightly jaundiced, but when he was released to his parents, they were not told of his condition. Two days after his discharge, Luca was not nursing or sleeping well, and his parents brought him to the hospital emergency room, where he was found to be jaundiced and lethargic. He underwent an exchange transfusion at Loyola Hospital, but, according to the plaintiff’s attorneys, the transfusion took place too late to avoid injuries. The child now suffers from delayed development, hearing loss, cerebral palsy, and spastic quadriplegia.
The family was represented by Barry R. Chavetz, Shawn S. Kasserman, and Margaret Power of Corboy & Demetrio. The defendants were represented by Shawn P. Clifford of Hinshaw & Culbertson; David C. Hall of Hall Prangle & Schoonveld; William F. Cunningham of Cunningham, Meyer & Vedrine; and Ruth Enright and Robert Baker of Baker & Enright.
A motorcyclist whose right leg was amputated following a collision with a pickup truck settled his case for $3.75 million.
David Rodriguez, then 46, was driving on his motorcycle on Route 30 in New Lenox, when he was struck by a pickup truck who had pulled out from a stop sign.
The pickup driver said his view of Rodriguez was obstructed by an SUV driving in front of Rodriguez.
Rodriguez suffered tissue damage and fractures to his right leg so severe that his leg was amputated below the knee. He also suffered hip and pelvis fractures.
Rodriguez was represented by Philip Harnett Corboy Jr. and Thomas F. Boleky of Corboy & Demetrio. The defendants were represented by Laura Maul of Chilton Yambert Porter & Young; William P. McElligott of Leahy, Eisenberg & Fraenkel; Margaret E. Daniele and Judith Anne Gleason of Gleason & Schroeder; and Douglas J. Esp of Esp, Kreuzer, Cores & McLaughlin (Wheaton).
A man whose wife and baby died during childbirth has settled his suit against the hospital for $3.25 million.
In September 2004, Tosha Lunford-Mondesit, 29, was admitted to South Suburban Hospital in Hazel Crest for the delivery of a daughter. The next day, her fetal heart rate monitor and vitals began to show significant fetal distress. The obstetrician tried to deliver the baby by vacuum extraction and forceps. The baby was delivered vaginally, and the mother died that day as a result of an amniotic fluid embolism. The baby died several days later.
The husband and father was represented by Donald R. McGarrah of Salvi, Schostok & Pritchard. The hospital was represented by Patricia J. Barker and Jennifer M. Suttle of Barker & Castro.
Q&A: Lynn Murray
November 13, 2008
Age: 48
Family: She and her husband, Dan, have five children — John, Kate and Emma, all 14; and Pete, and Helen, both 9.
Education: She graduated from the University of Illinois in 1982, and the University of Illinois College of Law in 1985.
Professional: A partner and member of the executive committee at Grippo & Elden, her practice encompasses a wide variety of commercial litigation, with a special emphasis on intellectual property, insurance coverage, and antitrust disputes. She has also negotiated global settlements of multi-dealer litigation, and developed new distributor contracts.
1. Why did you become a lawyer?
I wish I could say that I had an altruistic motive, but it was probably more intellectual curiosity after college. And when I went into law school I just found it fascinating. I then decided to go into litigation because it had both intellectual stuff, and the psychology, and some elements of theater that were pretty interesting.
2. What is your last big case or big deal that you can talk about, and what did it entail?
I spent most of the summer in San Francisco on a bench trial on a case that had what many people would call very dry subject matter. It was a case about insurance policies of the 1940s and the 1950s, and, surprisingly, the case ended up with allegations of forgery and perjury and all sorts of interesting things. We’re still not quite done with it, but that’s where I spent a lot of my time over the summer.
I also had, in the spring, a pretty interesting experience. I argued an appeal in the Fourth Circuit and it turned out that Sandra Day O’Connor was sitting by designation on the appeal. And so the appeal went very well, but it was interesting to shake her hand because she’s been someone that I’ve watched and admired for many years.
In the Fourth Circuit they come down and shake your hand afterwards, and that was a cool thing.
3. What’s the strangest thing that’s happened to you as a lawyer?
Early in my career I was trying a patent case before a difficult — smart, but difficult — judge, and I was cross-examining the other side’s expert. And the other side’s expert was seeming very arrogant, and going into what I call his ”little lady” mode. I actually like that because it’s helpful in front of a jury. But the judge dismissed the jury, and gave this guy a big lecture on answering questions, called him arrogant, called him rude.
When we got back at the end of the night, we got the daily transcript, and in the middle of that whole discussion by the judge was the court reporter’s comment, ”It takes one to know one.” We called the court reporter and had her take that out. The judge is no longer on the bench. But that is probably the most unusual thing I can recall.
4. If you could have lunch with anyone, living or dead, who would it be and why?
Sarah Palin and Hillary Clinton.
You might have to lock the doors so that no one left the room, but it would be interesting. I think an exchange of their views on policy and women in positions of responsibility could be pretty engaging.
5. What advice do you have for new or future lawyers?
Most of the advice is the kind of advice you hear from a lot of people: work hard, try hard, think about things. As a litigator, what I’m often telling young associates is that you have to think not just about the project, but you have to think all the way down to the end. How is what you’re doing going to help you win the case? What do you think about your chances of winning the case? We encourage everybody at all levels to do that. And it’s surprising how often people don’t see their place in the whole picture. We encourage people to do that.
6. What’s your favorite book, movie, television show or play about lawyers, and why?
The classic ”To Kill a Mockingbird,” and mainly the reason I like it so much, in addition to its good and evil message, is it’s one that you can discuss with your children, and talk about those messages. The message of fighting for what you believe in even when it’s difficult.
7. What do you like the most and least about being a lawyer?
I really actually like the work. I find it tremendously interesting, and you get the opportunity to work with a huge number of smart people — both your colleagues and your clients, and even your opponents often, and your judges. This judge we had in San Francisco is a brilliant guy. The least, I probably fall right with the pack when I say the pressures of billing hours, and the need to bill many of them; to do your best work and have things run well is hard.
8. If you didn’t become a lawyer what career would you have chosen?
I think a psychologist, but I would probably be much better with the people who have solvable problems than the people who need long-term help with no end in sight. I like to see steps and progressions towards resolution. I’m not necessarily hugely patient if it doesn’t look like the problem can be solved.
9. What is your favorite childhood vacation?
We used to go to Lake of the Ozarks every year down in Missouri and we would just get a boat and we would go out and water-ski and fish all day long. It was a very relaxing get-away-from-it-all time for the whole family.
10. What is the most important news going on in the legal community today?
The two trends: the firm merger and the growth of the mega-firm have been interesting when you are in a smaller litigation practice. You see the conflict situation become just critical to those large firms. The volatility in corporate America is going to have a big impact on law firms. In a downturn, usually bankruptcy and litigation increase, and mergers and acquisitions go down. So many companies are combining that we may see something totally different.
— Interviewed by Olivia Clarke
Firm Life
November 12, 2008
Clare Connor Ranalli, a partner at Hinshaw & Culbertson, has been elected to the Board of Directors of the Illinois Association of Healthcare Attorneys.
Paul W. Mollica, a partner at Meites, Mulder, Mollica & Glink, was inducted into the College of Labor and Employment Lawyers as a Fellow in September.
Duane Morris partner John Maher has been appointed general counsel of the U.S. Office of Personnel Management, an independent agency that administers the 1.8 million-employee civil service. Maher was a member of the firm’s intellectual property practice in its Chicago office before his appointment.
Thomas A. Demetrio of Corboy & Demetrio recently dedicated the Corboy & Demetrio Continuing Legal Education Center at the Center for Disability and Elder Law. The new center will host presentations, classes, and seminars on issues affecting the disabled and elderly.
Sugar, Friedberg & Felsenthal has changed its name to Sugar & Felsenthal.
Pappas & Schnell (Rockford) has restructured following its merger with the Chicago firm of Hubbard & O’Connor. The new firm, which will concentrate on labor and employment law, will be known as Pappas, Hubbard, O’Connor, Fildes, Secaras.
Holland & Knight has opened an office in Abu Dhabi, United Arab Emirates.
Sonnenschein Nath & Rosenthal announced that Heinz Bloch and Robert Schlup, two of Europe’s most prominent hotel lawyers, have joined the law firm as partners in Zurich, Switzerland, where it is opening a new office.
Mayer Brown announced a global financial markets initiative to mobilize the firm’s resources to help clients deal with legal and business challenges resulting from the ongoing turbulence in worldwide financial markets. The initiative includes a website that collects in one location current information about the financial market crisis, a telephone hotline in London to facilitate response to inquiries from financial institutions, and the creation of a new group in Hong Kong to assist Asian clients with matters related to the financial turmoil.
Michael D. Sher, a partner at Neal, Gerber & Eisenberg, and David R. Barry, Jr., a partner at Corboy & Demetrio, have been elected Fellows of the American College of Trial Lawyers.
The Sargent Shriver National Center on Poverty Law has named Karen Harris as the leader of its Community Investment Unit.
Scott C. Solberg, partner at Eimer Stahl Klevorn & Solberg has been elected chair of the Legal Aid Society, which serves as the board of overseers for the Legal Aid Bureau of Metropolitan Family Services.
Gail H. Morse, a partner at Jenner & Block, received the Bella Abzug Woman of Honor Award from the Chicago chapter of the National Organization for Women. The award was presented to Morse for her dedication to making the world a better place for women through her ”unusual breadth of feminist service,” including her work in raising the overall visibility of LGBT and diversity issues in the workplace.
Alexander Lourie, a partner at Barack Ferrazzano, has joined the board of La Rabida Children’s Hospital, where he will serve a three-year term.
Littler Mendelson announced its participation in Ius Laboris, a global alliance of law firms that prove employment and labor law services on an international scale. Effective Oct. 1, Littler joins the alliance of more than 2,500 attorneys providing specialized legal expertise across a portfolio of employment, labor, pensions and employee benefits law. Littler is the only law firm in the United States participating in Ius Laboris’ alliance.
Ropes & Gray has moved its office to 111 S. Wacker Dr., 46th floor.
Franczek Sullivan has changed its name to Franczek Radelet & Rose, including as name partners David P. Radelet and Charles P. Rose, who, along with James C. Franczek, Jr., were among the co-founders of the firm.
Partners
Gordon & Rees has elected two Chicago partners to national partner: Ryan T. Brown, insurance, commercial litigation, and employment; and Michael P. Tone, professional liability defense, and commercial litigation.
Kirkland & Ellis has promoted several attorneys to partner: Kristen J. Allen, intellectual property; Stephanie A. Brennan, litigation; William Robert Burke, corporate; Anthony J. Casey, litigation; Aaron D. Charfoos, intellectual property; Jeffrey W. Gettleman, restructuring; Adam J. Gill, intellectual property; Warren R. Goodworth, private funds; Eric T. Gortner, litigation; David E. Grassmick, litigation; Jared E. Hedman, intellectual property; Benjamin W. Hulse, litigation; Jeffrey B. Kaplan, corporate; Michelle Kilkenney, corporate; Ross M. Kwasteniet, restructuring; Stephanie S. Liang, corporate; Matthew S. Lovell, intellectual property; Thomas M. Monagan III, intellectual property; Kevin L. Morris, corporate; Caroline A. Paranikas, corporate; Amy R. Peters, corporate; Theodore A. Peto, corporate; John W. Reale, litigation; Neal J. Reenan, corporate; Roger D. Rhoten, corporate; Sara A. Robinson, corporate; Jessica H. Sicsu, corporate; Coree Smith, real estate; William Cory Spence, intellectual property; Bernard Taylor, litigation; and Erica B. Zolner, litigation.
Moves
To Much Shelist: principals William R. Quinlan, James R. Carroll, Michael T. Beirne, and Martin J. O’Hara; and associate Shawn M. Staples; all in complex litigation and all from Quinlan & Carroll; and principal James M. Kunick, intellectual property, from McCracken & Frank.
To Polsinelli, Shalton, Flanigan, Suelthaus: shareholders Charles P. Sheets, government regulation and litigation for health care providers; Matthew J. Murer, senior housing, assisted living, and skilled nursing; and Jason T. Lundy, long-term care and senior housing; all from Foley & Lardner.
To McGuireWoods: new associate Lara A. Duda, health care.
To Husch, Blackwell, Sanders, Welsh & Katz: associate Yolanda M. King, business services, from the City of Chicago’s Department of Law.
To Constangy, Brooks & Smith: partner Charles W. Pautsch, labor relations, from Wessels, Sherman.
To Meckler Bulger Tilson Marick & Pearson: partner Erika Dillon, labor and employment, from Sara Lee Corp., where she was deputy chief counsel.
To Quarles & Brady: new associate Krupa Shah, tax.
To Reed Smith: partner Diane Green-Kelly, regulatory litigation; and counsel Stanley C. Nardoni, insurance recovery, both from Mayer Brown.
To Stahl Cowen: partner Shelly A. DeRousse, bankruptcy and restructuring, from Sugar Friedberg & Felsenthal; and associate Josh S. Kaplan, entertainment and media and business organizations, from Levin Ginsburg.
To Brinks Hofer Gilson & Lione: new associates Robyn M. Bowland, Ryan M. Gleitz, Jung-Whan Kim, Patricia Leahu, Abby L. Lemek, Aaron A. Mitchell, E. Brandon Nykiel, Joseph M. Pletcher, and Virginia Wolk.
To Bryan Cave: counsel Jennifer W. Russell, products liability and commercial litigation, from Boeing Company, where she was director of insurance litigation and claims.
To Wildman Harrold: partner R. Rene Friedman, regulatory response and complex litigation, from Sidley Austin.
To Greenberg Traurig: counsel Michael G. Rogers, tax, from Sidley Austin.
To Ropes & Gray: counsel Christopher T. Shannon, private equity, from Kirkland & Ellis.
To SmithAmundsen: partner Bruce E. de’ Medici, bankruptcy and creditors’ rights, from Mendell Menkes & Surdyk.
To Cozen O’Connor: partner Jeffrey Weil, commercial litigation, from Dechert.
To Scandaglia & Ryan: associate Sara Youn, complex litigation, from the Seattle office of Perkins Coie.
To Dykema: counsel Sonya Olds Som, employment law, from Laner Muchin.
To The Law Offices of Dean S. Dussias: associates Michelle A. Miller, family law, from Grund & Leavitt; and new associate Christine M. Kipta, family law.
To Baker & Daniels: associate James J. Saul, intellectual property, from Schuyler Roche.
To Leydig, Voit & Mayer: new associates Emer L. Simic, litigation of pharmaceutical patents, and Christopher K. Leach, patent prosecution and litigation in the chemical arts.
To Gonzalez Saggio & Harlan: partner C. Willis Ritter, public finance, from Ungaretti & Harris (Washington, D.C.).
Changes
James J. Kreminski, associate dean for administration at The John Marshall Law School, died on Sept. 23, at age 60.
Firm Life
October 2, 2008
George Jackson III, counsel at Bryan Cave’s Chicago office, has prosecuted complex national and international federal crimes. But it’s his work on behalf of legal rights for the city’s poor that keeps him running. Literally running — for nearly 80 miles in two continents. Jackson will participate in three 26.2-mile marathons in October to raise money for the nonprofit Chicago Legal Clinic, where he sits on the board. The clinic offers low-cost legal service to nearly 13,000 people each year.
Jackson and CLC president Rev. Thomas J. Paprocki hope to raise $30,000 in donations — a sizable portion of the clinic’s annual donated income.
Most runners don’t do more than one or two marathons a year, but Jackson’s ambitious month starts with South Dakota’s Crazy Horse Marathon on Oct. 4. He’ll run the Chicago Marathon on Oct. 12, and finish Oct. 27 at the Dublin Marathon in Ireland. In Dublin, Paprocki will run alongside. The two men met when Jackson trained Paprocki for his first marathon 10 years ago.
”Last year, I did two marathons in 30 days,” Jackson said, ”but the bishop wanted to run Ireland, and I always have to pay homage to the Chicago Marathon.”
But why South Dakota, aside from the cool name? ”I have a big matter in South Dakota, and I have to be up there,” he said, ‘’so, why the heck not?”
Jackson, 48, has run 33 marathons since 1993, but this is his most compact schedule yet. ”I dont run them at my fastest pace, so I conserve energy,” he said. ”I run them around four hours, and in between I run lightly — three to five miles a day, maybe four, possibly five days. I won’t do a long run, well, maybe 12 on the Saturday in between.
”I like to run 40 to 55 miles a week, but this time I’m simply not there. This is going to be a serious challenge.”
Walker Wilcox Matousek has absorbed the Houston, Texas, firm of McClain & Patchin. The new firm now has 40 lawyers in Chicago and Houston.
Kirkland & Ellis opened a new office in Palo Alto in August, making it the firm’s third office in California.
Katten Muchin Rosenman has formed a covered bonds team within its structured finance and securitization practice. The attorneys will help U.S. and European participants in finance and banking to achieve success in the covered bonds market. The team will be co-chaired by Hays Ellisen and Eric Adams, New York-based partners and co-chairs of Katten’s structured finance and securitization practice.
Marshall, Gerstein & Borun has launched a clean-tech and renewables industry group. The group is chaired by Richard B. Hoffman and integrates nearly 20 attorneys and professionals from multiple practices to work with clients involved with environmental technologies.
Vedder Price has formed a retail industry service team to provide multi-disciplinary services from labor and employment to e-commerce, to retail industry clients. The group is chaired by Timothy J. Carroll, a shareholder in the firm’s commercial litigation practice.
Anita M. Ventrelli, a partner at Schiller DuCanto and Fleck has been appointed chair of the ABA Section of Family Law.
Three first-year associates at Katten Muchin Rosenman will participate in the firm’s year-long First Year Public Service Fellowship Program, spending their first year working as staff attorneys for legal service organizations. David Kerastas, from the University of Virginia School of Law, will work with the National Immigrant Justice Center; Jennifer Saba, from DePaul University College of Law, will work at the Roger Baldwin Foundation of the ACLU; and Sheila Simhan, from the University of Wisconsin Law School, will work at the Small Business Opportunity Center of Northwestern University School of Law.
Partners
Hinshaw & Culbertson announced the election of 15 attorneys to the partnership, including five in the Chicago office: Anthony E. Antognoli, employee benefits and ERISA; Robert J. Finley, workers compensation defense; Corinne C. Heggie, municipal and civil rights defense; Kourtney A. Mulcahy, intellectual property transactions and litigation; and Todd P. Stelter, consumer law, legal malpractice, and commercial litigation. Hinshaw also elected four attorneys to capital partnership, including three in the firm’s Chicago office: Mary J. Hess, tort litigation; Craig T. Liljestrand, toxic tort, products liability, and environmental; and John E. Sebastian, fidelity and surety bonds, construction, and commercial litigation.
Masuda, Funai, Eifert & Mitchell has named three associates to income principals: George Kobayashi, intellectual property and business transactions; Reynard L. Tanig, estate administration; and Jennifer R.M.C. Watson, business.
Levin & Schreder has elevated James R. Carey, trust and estate controversy resolution, to a name partner of the firm, which will now be known as Levin, Schreder & Carey.
Moves
To Barnes & Thornburg: partners Leslie J. Weiss, business; Kathryn A. Erickson, business; and Paula K. Jacobi, finance, insolvency and restructuring, from Sugar & Felsenthal; and partner Michael Weis, real estate and corporate transactions, from Patzik, Frank & Samotny.
To Corboy & Demetrio: associate Matthew T. Jenkins, from Loevy & Loevy.
To Barack Ferrazzano Kirschbaum & Nagelberg: partners Edward F. Malone, civil litigation and white-collar criminal defense, from Jenner & Block; and Michael J. Towne, federal tax, from Winston & Strawn.
To Schoeman Updike & Kaufman: partner Mary L. Smith, litigation and corporate governance, from Tyco International Inc., where she was senior litigation counsel; and counsel Sarah R. Marmor, employment law and litigation, from Jenner & Block.
To Reed Smith: associate Laura M. Geiger, insurance recovery and litigation and dispute resolution, from Morgan, Lewis & Bockius.
To Seyfarth Shaw: partners Neal T. Goldstein, health care and closely held businesses, and Thomas B. Shapira, health care business issues, both from Much Shelist.
To Schiff Hardin: counsel Julie S. Schrager, legal writing coach, from Chicag-Kent College of Law, where she was a visiting assistant professor of law and adjunct professor; and new associates Thomas J. Bell, Jeffrey M. Bergman, Lisa Carey-Davis, Stephen M. Copenhaver, Ashley G. Eddy, Nicholas Georgiton, Lalania Gilkey-Johnson, Bina Joshi, Jacob L. Kahn, Nina M. Knierim, Ann H. MacDonald, Colin M. Proksel, Tiffany R. Redding, Matthew G. Schilz, Doug Snodgrass, Michael J. Stout, and John E. Tanagho.
To The Healy Law Firm: associate Matthew J. Healy, product liability and medical negligence; and new associate Dennis M. Lynch, personal injury, interstate trucking, and workers compensation.
To Neal, Gerber & Eisenberg: partner Linda B. Dubnow, consumer litigation, from McGuireWoods.To Jones Lemon & Graham (Geneva): senior counsel Dawn C. Wrona Eby, litigation, from Arnstein & Lehr.
To Masuda, Funai, Eifert & Mitchell: associates David J. Alexander, real estate transactions, from Inland Real Estate Corp., where he was in-house counsel; and Dooyong Kang, general corporate and financial transactions, from Mandelbaum Salsburg (West Orange, N.J.).
To Pedersen & Houpt: new associate Lauren M. Waidzunas.
To GoodSmith Gregg & Unruh: associate Michele M. Haynes, transactions, from Goldberg Kohn.
To Bell, Boyd & Lloyd: new associates Jessica Baer, litigation; Noah Eisner, litigation; Mark Greer, corporate; Carolyn Grunst, real estate; Beata Guzik, litigation; Rekha Hanu, intellectual property; Benjamin Jones, corporate; Stevens Kelly, corporate; Philip Kunz, intellectual property; Bree Linck, labor; Claire Mariano, health care; Nicholas Marietti, litigation; Michael Roaldi, litigation; and David Wolpa, corporate.
To Shefsky & Froelich: of counsel Michael R. Friedberg and associate Elizabeth Shepard Schaub, both trusts and estates, from Sugar & Felsenthal.
To Jenner & Block: partner Peter M. Gaines, corporate, from Bell, Boyd & Lloyd.
To Perkins Coie: counsel Joel R. Levin, investigations and white collar defense, from the U.S. Attorney’s office, where he was chief of the financial fraud and special prosecutions unit.
To Sidley Austin: senior counsel Martin Redish, appellate and general litigation. Redish is currently the Louis and Harriet Ancel Professor of Law and Public Policy at Northwestern University School of Law.
To Ungaretti & Harris: counsel Michele K. Malis, trusts and estates, from the Law Offices of Michele K. Malis; associate Megan H. McCarthy, health care, from Bricker & Eckler (Columbus, Ohio); and new associates Emily M. Dierberg, litigation; Nile Park, litigation; Patrick F. Ross, bankruptcy and litigation; and Aaron D. Werner, corporate, securities, and finance.
To McDonald Hopkins: member Michelle F. Kantor, construction law, from Schwartz Cooper.
To Ropes & Gray: partner Asheesh Goel, securities enforcement, from Kirkland & Ellis.
Q&A: David B. Ritter
October 2, 2008
David B. Ritter
Age: 50
Family: He is married to Suzie, and they have three sons, Danny, 16, Jason, 14, and Brian, 11.
Education: A 1980 graduate of Cornell University, and a 1985 graduate of Case Western Reserve University Law School.
Professional: A partner at Neal, Gerber & Eisenberg, he chairs its labor and employment practice group. He represents management in labor and employment law, and has experience in federal and state court litigation in such areas as employment discrimination, employment torts, and other litigation related to the employment relationship. He also counsels high-level executives with respect to employment matters.
1. What is the strangest thing that ever happened to you as a lawyer?
There’s really nothing that’s strange or odd, except I obviously do employment law. The things that go on at work could fill volumes of a novel. The most obvious things would be sexual harassment cases. It’s not unusual for lawyers who do what I do, including me, to have X-rated sexual harassment cases. Those can be pretty odd. In fact, you’re delving into some pretty personal things about what people do at work. And most people who don’t deal in this sort of area would not believe what goes on at work between people. How do they do those sorts of things? What would possess people to do those sorts of things? But they do. And when there are consequences those things usually land on my desk. …
2. If you could have lunch with anyone, living or dead, who would it be and why?
Some of the founding fathers of the United States.Whether you’re talking about Thomas Jefferson, John Adams, Benjamin Franklin. … It continually amazes me that at that point in time in history there was a group of individuals who were so smart, and so far ahead thinking-wise, and so courageous to take on the largest empire in the world at this time, and the largest army in the world at that time; and risk their lives, and create a system of government that has endured for hundreds of years, and is the shining example, that others, for the most part, in the world try to emulate. …
3. What advice do you have for new lawyers or those wanting to become lawyers?
Work hard. Learn everything you can and observe everything you can. No two lawyers that you work for will practice the same way. Be like a sponge. Take everything in that you can, and adapt the way you practice law to the way you live, and how your personality is, because you’re not, long-term, going to be able to do it any other way and be happy with yourself.You will see some lawyers who pound on a table. If you’re not a table-pounder and you pound on a table, people will laugh at you. You need to find your own style, and you’re only going to do that by taking everything in and listening and learning.Talk less, listen more. Not that everything that everyone is going to say is going to be a pearl of wisdom, but if you’re busy talking you’re not going to hear the pearls of wisdom from people who have been practicing many years more than you. It’s not just what they say, it’s how they say it in different situations, how they act in court or around clients. …
And the other piece of advice is to ask lots of questions. Ask partners and senior associates, ‘Why did you do that?’ or ‘Why didn’t you do this?’ You may be surprised at some of the answers because you would say, ‘I would have done this.’ …
Other advice is, make sure you tend to your personal life. Don’t work all the time because at a certain point you’ll start to resent your firm, the practice, and that’s just a slippery slope and you are going to leave and do something else. If you don’t have a balance between your personal life and professional life, neither is going to be very good, and that’s not a good recipe for success. …
4. If you didn’t become a lawyer, what career would you have chosen?
Being a professional baseball player was out. I would have liked to either be an architect or someone who develops real estate. I’m fascinated by the process of building and making something out of a piece of dirt, and making something out of it where people shop and conduct their lives. It’s just something that’s always appealed to me …
5. What is your favorite book, movie or television show about lawyers, and why?
The TV show is easy: ”Boston Legal.” It’s just hilarious. I mean, to think that all those really good cases come to one firm is incredible. To think that you can get to trial in the same show, the same one-hour show, is great. The show is just hilarious.I recently just read the book, ”The Nine: Inside the Secret World of the Supreme Court” about the U.S. Supreme Court — a very educational book to understand the whole Supreme Court and its recent past with the last couple justices that were there, how the process works, and understanding a little bit about them personally, and how that drives some of the decisions and people who are on one side of an issue, [and] on another side of an issue. It’s really an eye-opening book for someone who wants to understand some of the social issues, and how the court comes down on them. …
6. What is the biggest legal news today?
I don’t know how you divorce the election from legal news. Everything either McCain or Obama talk about has legal ramifications. … With Obama, in something I do, there is a piece of legislation called the Employee Free Choice Act, which, if passed, could assist unions in organizing millions of workers very easily and could really make it difficult for employers to stop that process. And if we get a Democratic president and a Democratic Congress, and that passes, that’s huge legal news, I think, for the country and surely for our practice. I think that’s something that’s flying under the radar. I think that the election is big legal news. People are waiting to see what will come of that.
— Interviewed by Olivia Clarke
EDITOR’S NOTE
September 12, 2008
by Robert Yates
I know, I know nostalgia is so yesterday. But a couple of pieces in this month’s issue popped me into the way-back machine (maybe by this time the way-way back machine), all the way back to law school in San Francisco during the Age of Aquarius.
If you wanted trial experience straight out of law school or the Army, the district attorney’s office or public defender was the place to go. For a highly competitive salary of $12,000 the same as the large firms in San Francisco were paying you were in court immediately, trying misdemeanors pretty soon, and into felony trials in a couple of years. Then, after four or five years, you’d move on to a civil firm and keep trying cases. Same thing here in Chicago.
Our cover story, by Daily Law Bulletin reporter Pat Milhizer, reports on how times have changed on the path from the state’s attorney’s office to civil practice. Where once a young prosecutor could be trying felonies a year or two out of school, the expansion of the office and the increase in those prosecutors who decide to make a career of it have slowed the process considerably. Well, I could say more, but you’re better off reading Pat’s story, ”A Longer Road,” starting on page 18.
And, returning again to law school days most of us, roommates and friends, didn’t grow up knowing lawyers or, for that matter, anything about what lawyers actually did. A good summer job was working construction, not interning in a law firm. We knew so little. And, now, look at these kids.
Specifically, take a look at our new law student columnist, Brendon Stark, a second-year at John Marshall, a University of Illinois graduate, and fairly obsessive Cubs fan. In his first column, Brendon talks about his first encounter with networking, which was a get-together with John Marshall alums in his first couple of months at school.
Brendon lets you know what’s going on with law students today. His column, now ”2L and the City,” is on page 14.
This issue, as we do every August, we run our ”2008 Practice Group Survey,” which lists the practice areas each firm considers to be a major part of its overall practice. I was a little surprised, considering the subprime mortgage disaster, to see that real estate continues to have a strong presence among the firms in the state; in fact, it has grown in prominence over the past year. Intellectual property also continues to grow as a significant practice among firms in the city. The practice group chart starts on page 22.
Since this is the practice group issue, our three remaining features offer a look at some intriguing practices.
Staff writer Maria Kantzavelos writes about the growth within the intellectual practice community of generic drugs as a practice area. After legislation in 1984 opened the door to streamlined procedures for approval of generic drugs, the practice of challenging the patents on branded drugs to open the way for generics has exploded, and several Chicago firms are in the forefront of this interesting and lucrative practice. Maria’s story, ”High Dosage,” starts on page 28.
Assistant editor Olivia Clarke delves into entertainment law, with her profile of a Bell, Boyd & Lloyd partner whose practice has her spending nearly as much time in Los Angeles as in Chicago. Olivia’s profile of Carol Genis starts on page 38.
Olivia has also written about the surprisingly broad-based practice of in-house lawyers for colleges and universities. One of these lawyers describes the clients as a small city, with all the variety a lawyer would find in representing a municipality, along with the education issues you would only find with a university. Olivia’s story, ”In-house and Loving It,” starts on page 48.
David Heilmann, a partner at Clausen Miller, has written another interesting ”Practical Matters” column, this one on the potential future of multidisciplinary practice combining the practice of law with non-legal business. In upcoming issues, we’re going to be discussing the future of the law and law firms, as technology and the worldwide expansion of business apply greater and greater pressure on the current structure of firms, so it’s great to have Dave push the door open a little. His column is on page 16.
ryates@lbpc.com
Editor’s Note
July 17, 2008
When I started this job a couple of years ago, I made a point of meeting with managing partners to get some understanding of what was going on in the Chicago legal community. To my surprise, in the first three or four conversations, they each raised the issue of diversity in their firms. To paraphrase their comments into one: ”We keep trying, but we just can’t figure it out.”
The numbers from Chicago Lawyer’s eighth annual diversity survey indicate that the job of increasing diversity remains a tough one. Almost 45 percent of associates are women, but of all law-firm partners, 20.1 percent are women, up from 19.2 percent a year ago. Minorities comprise 15.5 percent of associates now (16.3 percent in 2007), and 5 percent of partners, the same as last year. Diversity is not the only important issue that law firms are struggling with, but it brings in so many social, racial, and community issues that, in these two years, we have tried to keep returning to this conversation.
Our cover story this month, written by assistant editor Olivia Clarke, focuses on the pipeline, the phrase for moving minorities into the profession, from college to law school to the profession. But the pipeline doesn’t begin at college, it begins at high school and even in elementary school. The thrust of these programs dealing with young men and women is to give them a sense of the possibilities.
One of the several programs that Olivia discusses is the CBA’s First Annual Donald Hubert Scholars Mock Trial Competition for African-American male high school students (featured on the cover). One of the originators of the event was Lindsey Dates, an associate at Jones Day, who co-chaired the program along with Victor Henderson, a Holland & Knight partner and president of the CBA.
Here’s what Dates wrote to Henderson after the Hubert competition: ”There are so many instances that I wish we could have videotaped for you — As the students were heading out to their various locations, they were being stopped all along the way by people from all backgrounds, praising them for how good they looked and saying what a glorious sight it was to see so many young black men heading to do great things. Scott Rochelle’s group, for example, was stopped for roughly ten minutes by a woman who just had to know what was going on. She said that she had seen groups all over the Loop and just wanted to say how inspiring it was to see something so positive for young black men.”
Nobody knows what’s going to work, and I know from talking with people deeply invested in increasing diversity in the profession that most of the time it’s incredibly frustrating. But, when you read about Henderson, Dates, and Clayton Wilson, Mario Davis, Terrell Tillman and their fellow students who are pushing themselves to see what potential they have, you think, maybe there’s a decent chance.
Reporter Maria Kantzavelos profiles Theresa Cropper, the director of diversity and professional development at Perkins Coie, who achieved great success at Northwestern University School of Law, increasing its diversity to the point where more than a third of Northwestern’s students are minorities.
Olivia has an interesting story on women in firms who were frustrated at the difficulty they were having in building a book of business and took it upon themselves to create their own networks of women.
Maria also took a look at diversity on the bench in the collar counties areas of incredible growth, with little of their increasingly diverse population reflected on the bench.
John Rooney, a reporter for the Daily Law Bulletin, has a comprehensive story on the movement within corporations to create mediation programs to corral their litigation costs.
I would also like to mention two columnists who are moving on. Joe DuCanto, of Schiller DuCanto and Fleck, has been writing on family law issues in this magazine for eight years. Joe has been terrific to work with, always friendly, and always thought-provoking.
And Maria Vasos has just graduated from Chicago-Kent, so the column will move to new ownership. I want to thank Maria for taking on the burden of starting our column, ”3L and the City.” We didn’t know exactly what we wanted, so Maria gave us what she thought the column should be, and it’s been a great start.
Firm Life
July 17, 2008
Stephen M. Passen and John J. Driscoll (pictured) have joined in partnership to form Law Offices of Passen & Driscoll. The new firm will handle personal-injury cases. Sullivan, Ward, Asher & Patton, a full-service law firm based in Southfield, Mich., has opened a new office in Chicago, at 70 W. Madison St., suite 1400.
Baker & Daniels, an Indianapolis-based firm, has opened a new office in Chicago, at 311 S. Wacker Dr. The office will be headed by Richard E. Michaels, domestic and international transactions, and David M. Allen, business litigation; both were shareholders with Schuyler Roche. Five additional attorneys have joined the firm from Schuyler Roche: partners Andrew W. Geier, corporate finance; Catherine C. Gryczan, corporate finance; and Rachel T. Nguyen, business litigation; senior mergers and acquisitions and securities counsel Mary K. Walter; and associate Randall R. Schwartz II, corporate finance.
Herbert A. Glieberman & Associates has moved its office to 70 W. Madison St., suite 1400.
Barnes & Thornburg has named Rick Carpenter the firm’s new chief marketing officer. Carpenter previously served as the director of marketing and business development at Shearman & Sterling in New York.
Baker & McKenzie has appointed David M. MacLeod as director of global business solutions. MacLeod most recently ran a consulting firm focused on setting and monitoring business goals.
Evan L. Merberg has joined Mayer Brown as chief operating officer, succeeding Executive Director Stephen R. Wells, who is retiring from the firm at the end of 2008. Merberg served most recently as chief financial officer and chief administrative officer of Citi Home Equity, a division of Citigroup Inc.
Philip Hartnett Corboy, Jr., a partner at Corboy & Demetrio, was installed as president of the Illinois Trial Lawyers Association.
Two Schiff Hardin attorneys were elected to leadership positions in the Black Women Lawyers’ Association of Greater Chicago, Inc.: associate Marla Shade Harris was re-elected as the board’s recording secretary, and partner Tracy A. Campbell was elected board member-at-large. Donna L. Moore, an associate at Quarles & Brady, was also been elected board member-at-large.
>Partners
SmithAmundsen has elected Linda F. Newman, health care practice, partner in the firm.
Much Shelist has elevated Gregory B. Mann, wealth transfer and succession planning, from principal to equity principal. The firm also named three new principals: Jonna Daleiden Eimer, business and finance; Joel E. Resnick, real estate; and Wendy M. Reutebuch, real estate.
Rock Fusco has named Eileen E. Rosen, commercial litigation and civil rights defense, a partner in the firm.
Leydig, Voit & Mayer has promoted three associates to members: Kevin C. Parks, trademark and copyright; Robert T. Wittmann, electrical, computer, software, and mechanical engineering; and John Gase, biotechnology, chemistry, and related arts.
Michael Best & Friedrich has elected two associates to partnership: Carrie A. Hall, litigation; and Christopher R. Parker, litigation.
>Moves
To Kaye Scholer: partner Eric H. Sussman, regulatory enforcement and white-collar litigation, from the U.S. Attorney’s Office for the Northern District of Illinois.
To Cheng Cohen: partner Michael Daigle, business transactions and franchising, from Quizno’s, where he was executive vice president of international development and legal.
To Greenberg Traurig: shareholder David L. Newman, intellectual property and technology, from Seyfarth Shaw.
To Butler Rubin: associate Joelle K. Blomquist, litigation, from Jenner & Block.
To Katten Muchin Rosenman: partner David C. Bohan, financial services litigation, from Reed Smith.
To Holland & Knight: partner Deborah T. Haddad, real estate transactions, from Lennar Corp., where she was senior vice president; senior counsel David D. Streicker, real estate, from the Illinois Department of Commerce and Economic Opportunity, where he served as general counsel and ethics officer; and senior counsel Christopher DeLise, mergers and acquisitions, from DLA Piper.
To McGuireWoods: counsel Emily C. Tremmel, health care, from the American Dental Association, where she was a staff attorney.
To Vedder Price: shareholders Arlene N. Gelman and John E. Zummo, both in bankruptcy, insolvency, and corporate reorganization, and both from Reed Smith.
To Anderson, Rasor & Partners: associate Bradley Z. Schulman, medical malpractice, from McKay, Nora, Tanzillo & Kott.
To Schoeman, Updike & Kaufman: partner Mary Smith, litigation, from the U.S. Department of Justice, where she served as a trial attorney and associate counsel to the president; of counsel Sarah R. Marmor, litigation, from Jenner & Block; and Joan E. Slavin, employment and labor law, from Sidley Austin; and associate David Austin, complex litigation, from Jenner & Block.
To Rock Fusco: associate Stacy A. Benjamin, commercial litigation and civil rights defense, from the City of Chicago Law Department.
To Dykema: counsel Daniel J. Zollner, litigation, from Ross, Dixon & Bell.To Levenfeld & Pearlstein: partner Jonathan Friedland, restructuring and insolvency, from Schiff Hardin.
To Michael W. Hansen (Joliet): associate Valerie N. Breitbarth, real estate, estate planning, and corporate, from the Law Office of Valerie N. Breitbarth (Homer Glen).
To Perkins Coie: partner Joseph Q. McCoy, real estate, from Schwartz Cooper.
To Hinshaw & Culbertson: partner (Lisle office) Andrew D. Braetzel, from ServiceMaster Clean, where he was vice president, secretary, and general counsel.
To Ungaretti & Harris: partner Steven F. Banghart, health care, from Katten Muchin Rosenman.
To DLA Piper: partner Stuart M. Berkson, corporate and finance, from McDermott Will & Emery.
To Jones Day: of counsel William C. Martin, health care, from DLA Piper.
To Freed & Weiss: partner Michael J. Lotus, complex and class-action litigation and arbitration, from Winston & Strawn.
To Susan E. Kamman & Associates (Barrington): associate John C. Wroblewski, family law, from Downs Law Offices.
>Changes
Florence E. Miller, an intellectual property attorney who worked at Kimberly-Clark Corp. and Brinks, Hofer, Gilson & Lione, died at age 94.
Big Deals // Verdicts // Settlements
July 17, 2008

The Chicago Skyway was privatized with the help of Mayer Brown.
Deals
Mayer Brown is advising the state of Pennsylvania in a $12.8 billion deal to privatize the Pennsylvania Turnpike. The deal is a 75-year lease for Abertis Infraestructuras to repair roads and bridges in Pennsylvania, and to support 73 public transit agencies. Abertis, a Spanish company based in Barcelona, is one of the world’s largest private toll road operators. It directly manages more than 2,000 miles of toll roads and, indirectly, another 3,000 miles in 10 countries on four continents, including the Orlando Sanford Airport, Concourse E of the Atlanta International Airport, the Burbank Airport, as well as the Teodoro Moscoso Toll Bridge in San Juan, Puerto Rico. The consortium of investors includes Citi Infrastructure Investors and Criteria CaixaCorp, a major shareholder of Abertis.
Partner John R. Schmidt led the Mayer Brown team, which included partners David Narefsky and Joseph Seliga on deal arrangements; partner Robert Kelman on tax advice, and associates Bruce Bedwell and Jeromy Cannon.
Mayer Brown, and Schmidt, in particular, have been involved in several privatization deals of public infrastructure facilities. Schmidt was the lead lawyer in for the City of Chicago in the privatization of the Chicago Skyway, a $1.83 billion deal, and represented the State of Indiana in the $3.8 billion privatization of the Indiana Toll Road.
”This is one of more interesting things to come along,” Schmidt said. ”People haven’t done it. It’s new, and it’s complicated. The documentation is entirely new. We had to create a structure that would work to give the public assurances that the road would be maintained we had to develop operating standards, we worked with engineering firms to do that. These transactions had been done around the world, in Europe and Australia, but until we did the Chicago Skyway three years ago, no one here had done it.
”Here, the mayor asked me to represent the city in the leasing of the skyway. I told him, ‘I don’t know anything about it,’ and he said, ‘Neither does anybody else.’
”It’s a different sort of thing for a public entity to do; it’s not a traditional governmental process it really follows the corporate m&a auction model. We’re working with Morgan Stanley in Pennsylvania.
”You have to structure the process of determining the qualified bidders, the documentation. It cuts across areas leasing and sales, financial, there’s the governmental and the political element, the tax issues are novel long-term leases are treated as ownership transfers for federal tax purposes, though it’s only a lease; these are interesting tax issues.
”The value of these transactions for the governments is that it gives the government the ability to recover the public capital represented by that asset and use it for other purposes, so it gets more out of the asset than it was getting,” he said. ”The skyway brought the city $1.83 billion, and $500 million of that went into a permanent reserve fund. The interest on that fund is more than the city was getting out of the skyway. So, the city replaced the skyway revenue and had a billion left. The city ended up with a higher bond rating it made Chicago probably the strongest U.S. city from a financial perspective.”
Verdicts
A Cook County jury awarded more than $4.5 million to a woman whose stomach cancer spread aggressively after a pathologist misinterpreted test results.
Paula Gaulin, 44, underwent an upper gastrointestinal biopsy in 2003 at Hinsdale Hospital; a pathologist incorrectly interpreted a cancerous condition as normal. In fact, a tumor had grown in her stomach wall. In 2004, Gaulin underwent a partial gastrectomy with the removal of 10 stomach lymph nodes. A plaintiff’s expert testified that if Gaulin had been correctly diagnosed earlier, the cancer likely would not have spread to her lymph nodes and she would have been at a lower stage with an 80 percent cure rate. By the time of her surgery, the expert stated that the cancer was at a heightened stage and had a 20 percent cure rate. According to the expert, Gaulin, who is married with two children, has a 56 percent chance of a fatal recurrence by 2014.
Gaulin was represented by Timothy Richardson and Richard B. Rogich of Rogich & Richardson. The pathologist was represented by David C. Burther and Daniel Hronek of Cunningham Meyer & Vedrine. The hospital, which settled for $25,000 before trial, was represented by Mark D. Johnson of Johnson & Bell.
Settlements
The mother of a child who suffered a brain injury during birth agreed to a $15.35 million medical malpractice settlement, the largest settlement ever in DeKalb County, according to the plaintiffs’ lawyers.
In October 2001, 19-year-old Vanessa Jenkins of Aurora, was admitted to Valley West Community Hospital in Sandwich, for the delivery of her son, Cody Smithey. Jenkins’ labor proceeded uneventfully until one of the defendants, Dr. Martin Brauweiler, chose to use a vacuum extractor device to assist in the delivery of the minor plaintiff. Over the next 50 minutes, Brauweiler used the vacuum extraction device 18 times without success. Another doctor was finally called in to perform an emergency c-section after Cody’s fetal heart tones demonstrated distress. Cody, now 6 years old, suffered brain injuries as a result of the physician’s alleged negligence in using the Kiwi vacuum extractor device.
The plaintiffs alleged four areas of negligence: (1) that Brauweiler, a family practitioner, was not competent in the use of the vacuum extractor device; (2) that he negligently failed to discontinue using the vacuum extractor device after the first couple of attempts were unsuccessful; (3) the nursing staff negligently failed to advocate for the mother by insisting that Brauweiler stop using the vacuum when it was obvious he could not deliver the child using this device; and (4) that the hospital failed to exercise reasonable care in evaluating the physician’s competency and fitness to perform vacuum deliveries.
The plaintiffs were represented by Michael P. Schostok and Matthew L. Williams of Salvi, Schostok & Pritchard. The defendants Martin Brauweiler, M.D., and Sandwich Medical Clinic were represented by John G. Langhenry III and Melissa Gordon of Langhenry, Gillen, Lundquist & Johnson; Valley West Community Hospital by David C. Burtker and Peter Strauss of Cunningham Meyer & Vedrine; Peggy Wilson, R.N., and Medical Staffing Network by Diane M. Baron of Clausen Miller, and Joseph A. Farchione of Sutter, O’Connell & Farchione (Cleveland, Ohio).
The family of a 6-year-old boy who suffered brain damage because he wasn’t properly monitored after being treated for a heart condition settled for $12 million.
Jaylen Whitney was taken to the University of Chicago Medical Center in 2001 to undergo treatments for myocarditis, an inflammation of the heart. The treatment was conducted properly, but, because his heart stopped during the procedure, he was given a pacemaker and was placed on a ventilator. Hospital staff had to resuscitate the boy after he was found with dilated eyes and was unresponsive. According to the plaintiff’s attorney, apparently the heart monitors were picking up the pacemaker but his heart was not beating, and the boy was without oxygen for a long period of time. Jaylen suffered irreparable brain damage and requires constant care.
The plaintiff’s attorney was Geoffrey L. Gifford of Pavalon, Gifford & Laatsch. The hospital was represented by in-house counsel Jane A. McAtree and Joseph A. Camarra and Sara F. Marzullo of Cassiday Schade. The doctor and hospital staff were not named in the lawsuit.
The estate of a 43-year-old man who was killed in a car accident involving a drunk driver has settled its suit against the driver for $2.9 million.
At the time of the accident, the defendant was traveling in the wrong direction while speeding. The victim was married and had two adult children.
The plaintiff was represented by Jeffrey J. Kroll of the Law Offices of Jeffrey J. Kroll and Robert A. Clifford of Clifford Law Offices. The defendant was represented by Thomas W. Starck of Meachum & Trafman.
Two people who were injured after falling four stories from a porch have settled their lawsuit against the insurers of the apartment building for $2.15 million.
Allison Gwin and Cem Karsan were standing on a back porch in the 400 block of W. Webster Ave. in 2005 when the railing detached from the porch frame and they fell four stories to the ground. Gwin suffered spinal, pelvic, and rib fractures, a lung and abdominal injury, a broken shoulder, and a concussion. Karsan suffered a broken leg. Gwin’s case settled for $1.5 million and Karsan’s for $1 million.
The plaintiffs were represented by Francis Patrick Murphy of Corboy & Demetrio. The defendants were represented by Dennis A. Marks of Querrey & Harrow.
A truck driver who was injured in a rollover accident in Utica settled his lawsuit against a trucking company for $2 million, a record for vehicle accidents in Peoria County, according to John L. Kirkton, editor of the Jury Verdict Reporter.
Texas resident Charles Geiman, 50, suffered compression fractures to his back and a partially paralyzed diaphragm, resulting in dependency on an oxygen tank, and, according to his attorney, also suffered a traumatic brain injury.
Geiman was represented by Jeffrey A. Green of the Janssen Law Center in Peoria. The defendants were represented by Jonathan M. Lively and Kathleen M. McDonough of Segal McCambridge Singer & Mahoney.
A 55-year-old woman who claimed she was not promptly diagnosed or treated for a spinal epidural abscess has settled her suit against the hospital for $1.9 million.
Barbara Miner went to the University of Chicago Hospitals emergency room in 2006, complaining of pain between her shoulders and paralysis from the neck down. She waited three hours to be seen by a neurologist, and 30 hours for an MRI. Between her esophagus and spinal cord, the hospital staff found a spinal epidural abscess that was pushing on her spine. Emergency neurosurgery was performed about 34 hours after she arrived at the emergency room. Miner can walk and run, but suffers from chronic pain and some loss of feeling below her waist.
Miner was represented by David R. Barry, Jr. of Corboy & Demetrio. The hospital was represented by Joseph A. Camarra of Cassiday Schade.
Q & A: Faye B. Feinstein
July 8, 2008
Faye B. Feinstein
Age: 55
Family: She and her husband, Charlie, have three children, Mike, 28; Ricky, 23; and Danielle, 19.
Education: She graduated from Brooklyn College in 1973, and New York University School of Law in 1984.
Professional: She worked at Antonow & Fink from 1984 to 1988; Altheimer & Gray from 1988 to 2003; and is now chair of the commercial bankruptcy, restructuring, and creditors’ rights group at Quarles & Brady’s Chicago office.
1. What is the strangest thing that ever happened to you as a lawyer?
The year that there was the flood we had a deposition scheduled in a case I was working on and, because of the flood, a lot of people got kicked out of their offices, and there was limited transportation in the Loop. A lot of people just went home. But we had this deposition scheduled and for some reason it could not be rescheduled.
We had about four lawyers, the deponent, the court reporter, and we all went to somewhere on the North Side, to somebody’s house, to take this deposition. The whole situation was so bizarre. You’re so used to doing it in a formal setting and here we are in somebody’s kitchen, taking the deposition. …
Another situation, which many more people have had, but I’ve only had once. I had a case where I got a phone call from a disgruntled creditor and it made me very uncomfortable. It wasn’t threatening, per se, but I was very nervous. I learned that you can call the U.S. marshal and ask for protection in the courtroom. So I did and I told them the time of the hearing and they said they’d have somebody come up there. On the day of the hearing, this U.S. marshal that they sent came in and he was a guy probably in his late 60s, overweight. He didn’t have a billy club. He didn’t have a gun. He didn’t have handcuffs … I’m thinking, ”Geez, I hope there’s not a problem.”
2. If you could have lunch with anyone, living or dead, who would it be and why?
I would really like to have lunch with my father. He’s been dead for probably about 15 years. He was a Holocaust survivor and it was interesting that he pushed me to go to law school because that generation was not really in favor of — it was not a priority that women should become professionals. It was okay to be a teacher, and then when you have kids, be a mom. He pushed me to become a lawyer and he was very proud.
I would like to bring him up to speed now on everything that has happened because in the last 15 years a lot has happened in my career …
3. What advice do you have for new lawyers or those wanting to become lawyers?
Make sure this is really what you want to do. The profession is not the way it used to be. It’s really very much a business — not that it wasn’t a business. But when I started I never worried where the work was coming from. You always worry about where the work is coming from [now], and you have to spend a lot of your time selling yourself and selling your firm and selling your partners. As much time doing that as doing the work.
Those are things I think new lawyers need to appreciate very early in their careers. Start developing a network of contacts, and start learning how the work comes into their firm and how they can participate in that process.
I also think they need to go, if they can, and do a minimum of one summer, if not more, being a generalist in a firm that allows you to kind of see the opportunities in the various practice areas, because law school does not prepare you for the practice. Law school teaches you how to think like a lawyer, you hope, and to do some research, and maybe how to write a brief. But other than that it is nothing like the practice …
4. What do you like the most or the least about being a lawyer?
I actually like the work that I do. I practice in an area, which is commercial bankruptcy, restructuring, and creditors’ rights. The work in our area is diverse, a microcosm of a lot of different areas of the law. I can be doing litigation in the bankruptcy court. I can be doing litigation in state court or federal district court. I can be negotiating contracts. I can be drafting loan agreements, modification agreements, forbearance agreements, and purchase agreements. I’ve directed all kinds of purely bankruptcy-related issues and pre-bankruptcy related issues. So it’s never boring. The work is really great.
But the politics, I’ll call it politics, though I don’t mean the relationships within the firm. I mean the business aspect of it; the fact that you practice in a firm and the firm runs a business. How much you charge for what you do, how many hours do you have to do it, where the work is going to come from, is getting tougher and tougher and taking more and more time …
5. What was your favorite childhood vacation?
Every winter over the winter break we went to Florida; we went to Miami every year. We took the train because my mother didn’t like to fly. It was kind of cool because we get on the train and it would be cold, then two days later you get off the train and it would be hot.
And then in the spring we always went to the Catskills. That’s what Jewish people did in New York - they went to the Catskills. It was the same week every year, it would happen to be Passover, and we went every year and you would go and see the same people, in the same place. To me it was like going to the country because that’s what it was like …
6. What is the most important thing going on in the world or legal community today?
In my area, especially, there is a lot of moving and a lot of expansion. The bigger firms are getting bigger. This is not really new, but it seems to be to the point where a lot of mid-size firms are just either dissolving or being sucked into the larger firms so that you have the small boutique firms and the much larger firms.
The larger firms are all kind of moving in the same direction because they are all being advised by the same advisors. They are being driven by profits-per-partner, which is important, but it just seems to be so much higher on the list now than it used to be. I just think that has changed the practice. I think a lot of the more senior people like myself are happy to be at the back end, instead of coming in now.
— Interviewed by Olivia Clarke

