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He corporate scandals of the past year have forced a slew of corporate officerschief executives, chief financial officers, general counsel, and the liketo turn in their badges and look elsewhere for work. Add another name to the list: In mid-November the beleaguered biotech outfit ImClone Systems Inc. announced the resignation of John Landes, the company’s senior vice president for legal affairs. Resignation marked the end of a long, difficult stretch for Landes. Early last yearmonths before the allegations of insider trading against the company became publicLandes was demoted from general counsel to senior vice president. Then, in July, congressional investigators added Landes’s name to the roster of insiders alleged to have sold ImClone stock days before the company announced the Food and Drug Administration’s rejection of its application to market a cancer drug. Finally, last October, the House Energy and Commerce Committee ridiculed Landes and other ImClone directors and officers for not sniffing out wrongdoing at ImClone earlier. “The time was right for me to move on,” Landes told The New York Times in November. “I was a dedicated ImClone employee for almost 20 years, and I have great respect for the company and its efforts.” Landes had joined the company in 1984, soon after it was founded. At press time Landes had not yet taken another job. According to his lawyer, Clifford Chance’s David Meister, Landes was spending time devoting himself to unspecified “community and education efforts.” And, of course, following the investigation with bated breath. Ashby Jones After almost two years as deputy White House counsel, Timothy Flanigan is leaving to join the troubled manufacturing and service conglomerate Tyco International Ltd. as GC, corporate and international law. Flanigan says he will be “part of the turnaround team trying to repair the reputation and standing of a fine company that has had some rough times lately.” Tyco’s former CEO and former chief financial officer have been indicted on charges of corruption and grand larceny, while former GC Mark Belnick has been indicted for falsifying company business records. A new general counsel, William Lytton (December 2002), took over this fall. Flanigan, 49, says his own motivation for jumping to the troubled company was primarily financial: “I have four kids in college. I just cannot afford to stay here that long.” Flanigan, who will work in Tyco’s New York office, went to the administration from the D.C. office of White & Case. Since joining the administration, the University of Virginia law graduate has been active in judicial selection, antiterrorism legislation, and development of the legal arguments for an attack on Iraq. Legal Times As general counsel for the beverage division of France’s Danone Groupe S.ANorth America, based in Stamford, Connecticut, Michael Harrison had a plum job. He divided his time between managing litigation and devising legal strategies for such famous products as Evian Water, Dannon Yogurt, and Lea & Perrins Worcestershire Sauce. And he enjoyed the perks of a prestigious outfit like Danone. But last September, Harrison, 45, chucked it all for the riskier job of digital revolution entrepreneur. Impressed by Cunningham Group Inc., a document management concern he did business with at Danone, and tipped off that the company founder was retiring, Harrison bought the company and started a new career at its home base in Hartford. “This was as much a surprise to me as to my peers at the bar,” he says. Why the move? Most large companies and law firms have been storing important legal documents on networked computer servers for years, but most do so on a client-by-client basis, Harrison explains. What Cunningham doesand what he sees a huge potential market foris organize law firm and corporate legal department files on an organizationwide basis. Passwords, firewalls, and the other security tools of electronic data actually give users more protection than they have for paper documents, Harrison argues. Because many customers are not ready to go digital, says the Harvard Law School graduate, Cunningham can rely on its traditional core business, a court reporting service. Still, Harrison is focusing on the digital side, exploring business alliances in Chicago, Nevada, and California and hoping to expand in order to serve banks, insurance companies, and other paper-intensive outfits. At Danone, “we actually stopped using our real estate contracts and various [other] commercial contracts altogether,” Harrison says. “I didn’t want people to have access to them.” Thomas Scheffey The Connecticut Law Tribune Gregory Barton has a good career tip: Stay in touch with your spouse’s old friends. It’s worked for him. Barton was toiling away at New York’s Index Development Partners, Inc., as a jack-of-all-tradespresident, CFO, and GC when a legal recruiter colleague of his wife’s phoned. New York’s troubled technology and gaming magazine giant, Ziff-Davis Media Inc., was GC-hunting and had turned to Silicon Valley recruiters. The recruiter pointed back east to Barton, who had left his own GC spot at San Jose’s Alliance Semiconductor Corporation in 1998 to return to New York. A month later, Barton, 40, was on the job as Ziff-Davis’s new executive VP, GC, and secretary. Barton seems to relish such sudden shifts. When he married in 1993, he quit his corporate and litigation work at Los Angeles based Gibson, Dunn & Crutcher’s New York office for a yearlong honeymoon in Europe. Upon returning stateside, he and his wife, Janet Sikirica, headed west in search of in-house start-up adventures. “I had always been interested in technology, and Silicon Valley seemed to be ground zero for start-ups,” says Barton. “I find it very exciting to work in a company where the founders are involved day to day.” Ziff-Davis was attractive because of the technology/publishing mix it offered and the chance to cut back on nonGC duties. Barton says that the company’s financial problems didn’t scare him away; they only tempted him more. Ziff-Davis’s financial restructuring, completed last August, plus an $80 million infusion of shareholder equity capital, have also made his job easier. Gaming publications like Electronic Gaming Monthly and X-Box Nation are “a real bright spot,” according to Barton. The category is one of the few growth segments in media; indeed, third-quarter 2002 ad sales for the gaming publications rose almost 36 percent. That helped offset the 10 percent decline suffered by the technology publications, but ad revenue for Ziff-Davis’s seven established publications still dropped 8.4 percent in the third quarter. “The wind’s already behind the sails for the gaming magazines,” insists Barton, who himself seems skilled at navigating change. Now to see when the wind will change for the rest of this publishing giant. Heather Smith Bank of America Corporation’s legal department has done some shuffling, moving deputy general counsel Janice Fetsch from director of litigation to compliance executive, and Lucille Reymann from associate general counsel for the Global Corporate and Investment Bank (GCIB) to Fetsch’s litigation spot. Both report to executive vice president and general counsel Paul Polking, at the bank’s Charlotte, North Carolina, headquarters. The legal department’s self-described “token North Dakotan,” Fetsch, 46, has shown herself to be a trailblazera definite plus as the bank for the first time combines legal and compliance functions for its assets worldwide. Right after Fetsch arrived in New York in November, she began remolding the group, bringing in a director to enlarge the legal group to four. Meanwhile, she’s getting to know the compliance side, some of whose officers she worked with in San Francisco while heading the bank’s trust department in that city. “Some [of it] is very familiar to me, but from a different point of view,” Fetsch says. Reymann, 42, had a month’s head start on her colleague, beginning her new litigation job in early October. She oversees 16 lawyers, fewer than half of the 33 lawyers she supervised at GCIB. But the broader responsibilities involved are what attracted Reymann, who has been with the bank, in Charlotte, since 1994. “You never really know everything, but you realize you can learn,” she says. Both women began their careers in private practice. Fetsch left Denver’s Rothgerber, Johnson & Lyons in 1992 for Bank of America’s San Francisco office to work on the institution’s merger with Security Pacific Corporation, then billed as the largest banking merger in history. She next moved to the bank’s Hong Kong office, returning in 1995 to San Francisco, where she ran the private bank trust department. She then headed up the litigation department. Reymann came from Shearman & Sterling, where she worked on structured transactions and specialized lending in the firm’s Los Angeles, New York, and Tokyo offices. H.S. Eric Golden grew up a lifelong fan of the Redskins football team in Washington, D.C. Imagine his surprise when, by chance, he spotted a newspaper help-wanted ad for the organization, which in turn led to a new job as the team’s general counsel. The 34-year-old Harvard Law School graduate arrived at the Redskins organization fresh from an in-house corporate counsel job at McAndrews & Forbes Holding Inc. But after only four months, Golden left football. McAndrews, it happens, is the principal owner of Panavision, a Woodland Hills, Californiabased manufacturer and supplier of movie cameras and equipment for the motion picture and television industries. And Panavision needed a new GC. The holding company, Golden says, lured him back with an offer “more in line with my long-term career perspective.” That career began right out of Harvard, with a clerkship to Judge John Walker, Jr., on the U.S. Court of Appeals for the Second Circuit. Golden then took an associateship at New York’s Stillman & Friedman before opting to go in-house. At Panavision, where he’s executive vice president and GC, Golden is tackling everything from litigation to commercial transactions. And as the only in-house attorney there, he’s relying on several high-profile outside firms. What does he have to say about his success at such a young age? “I consider myself very lucky for the opportunities that have come my way by chance.”Dee McAree The National Law Journal Brooklyn-born James Smith has spent three decades inside the D.C. Beltway. But he still speaks with “the bite” of the Big Apple when he applies the adjectives “lean and mean” to the eight-lawyer telecom group at the Washington, D.C., office of Seattle firm Davis Wright Tremaine, which he recently joined. It has been 12 years since the 48-year-old Smith was in private practice, as general counsel at Dallas’s Excel Communications, Inc. But he says he welcomes firm work for the intellectual stimulation of an environment where he’s surrounded by other telecom lawyers. “There is a lot more dynamism,” Smith says of the D.C. group. “You really have to be on your toes mentally.” It was 1997 when Smith joined Excel, now the fifth- largest long-distance provider in North America and a subsidiary of Montreal’s BCE Inc. Previously he spent seven years outside the legal profession as president of Competitive Telecommunications Association. CompTel’s involvement in developing the 1996 Telecommunications Act, plus Smith’s own legal work at Pierson, Ball & Dowd in D.C., made him the choice for in-house legal counsel at Excel, which then was entering local markets and needed Smith’s Washington experience for guidance through the regulatory minefields. Despite the different hats he’s worn in telecom, Smith says his main role has been translating Washington-ese into language the rest of us can understand. In that sense, his new job mirrors his work at Excel and CompTel. “Washington is a very different place,” he says. “No doubt it is a constant frustration to clients.”H.S.

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