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Timothy Roake, chairman of Fenwick & West’s litigation group, is leaving to join Gibson, Dunn & Crutcher’s Palo Alto office on Jan 21. Roake’s announcement Monday comes just weeks after Patricia Lucas, his predecessor as head of litigation, announced she’s quitting Fenwick to accept a judgeship on the Santa Clara County Superior Court bench. The dual departures represent a leadership leak in the firm’s 77-lawyer litigation group and come at a delicate time for the 200-lawyer firm. Fenwick’s litigators have outpaced the firm’s corporate group in the downturn and have been scrambling in recent months to keep up with client demands. The firm instituted a policy in November that junior transactional associates must devote a minimum number of hours each week to litigation. The exits represent more than a manpower issue — they are a setback in the firm’s efforts to increase the size of its litigation group, and they threaten to put clients in play. While Lucas is going to work for the government and isn’t taking her clients with her, Roake said he hopes to persuade his clients to follow him to Gibson. Gordon Davidson, Fenwick’s chairman, said the firm was sorry to see Roake and Lucas go, both as individuals and as litigators, and added that both litigators contributed to the growth of the group. “Litigation has never been busier,” Davidson said, adding that the firm has made increasing its ranks of litigators a priority for the past several years. “We’re continuing to do recruiting both at the law school and at the lateral level,” Davidson said. The firm hasn’t released revenue and profits for 2002. Davidson said the firm’s numbers dipped only modestly, and the departures are not financially motivated. Fenwick’s new litigation group leader, Lynn Pasahow, is a seasoned intellectual property litigator who joined Fenwick in April 2001 from then-McCutchen, Doyle, Brown & Enersen. He is charged with hiring more litigators, especially in the areas of intellectual property and securities and corporate governance, which was Roake’s specialty. For Roake, the move to Gibson is a homecoming. He worked at the firm from 1983 to 1989, but excessive on-the-job travel and the birth of his first child prompted him to take an in-house job in Colorado so he wouldn’t have to travel, he said. He said he wanted to return to Gibson when he decided to relocate to the Bay Area in 1990, but found a place at Fenwick instead. Roake said he is encouraged by Gibson’s securities practice, which includes a handful of former Securities and Exchange Commission insiders. At Gibson, Roake said he will be charged with helping increase the number of securities litigators on hand at the firm’s Palo Alto office. Gibson’s 32-lawyer Palo Alto office is planning a June move into a space double the size of its current Page Mill Road offices, and managers say they plan to hire more lawyers to fill it. Roake said Gibson is adept at integrating its offices and he hopes to leverage the firm’s Washington, D.C., expertise to grow his practice in Silicon Valley. “It was virtually seamless when I was there,” Roake said. “They give you a small firm feel, but with large-firm resources.”

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