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KEKER BOWS OUT OF BROBECK BREACH CASE Brobeck, Phleger & Harrison and former partners Debra Pole and William Fitzgerald can no longer rely on Keker & Van Nest to defend them in litigation brought by Pole and Fitzgerald’s previous firm. On Tuesday, Los Angeles Superior Court Judge Cesar Sarmiento granted Keker & Van Nest’s motion to withdraw as counsel for Brobeck, Pole and Fitzgerald. The Keker firm told the court a conflict had arisen as a result of Brobeck’s dissolution. “The judge said there’s no opposition” to the motion, Keker & Van Nest partner Elliott Peters said. “The plaintiff wants to keep the April 8 trial date, and that’s still in effect.” But Peters said he would assume new counsel would ask to move the date. Peters said he did not know who would take over the case. Pole and Fitzgerald could not be reached for comment, nor could Brobeck partner Stephen Snyder, head of the firm’s liquidation committee. The case arose in 1995 when Pole and Fitzgerald left the now-defunct Santa Monica firm Dickson, Carlson & Campillo for Brobeck. Dickson, Carlson filed suit against their former colleagues, claiming breach of fiduciary duty and demanding about $32 million in fees from unfinished business the two took with them to Brobeck. The firm also sued Brobeck for breach of fiduciary duty, breach of contract and interference with contractual relations and unfair competition. Pole is now with the Los Angeles office of Sidley Austin Brown & Wood and Fitzgerald is with Morgan, Lewis & Bockius’ Los Angeles outpost. Meanwhile, Baker & McKenzie announced Tuesday that it has hired Brobeck corporate partner Gary Shapiro, senior counsel Michael Penner and associate Michael Stuart Pixley. Penner, a commerce and finance lawyer, joins the firm as a partner. With the new hires the firm now has 10 former Brobeck lawyers in its San Francisco office. – Brenda Sandburg ORRICK MOVING TO NEW HEADQUARTERS Orrick, Herrington & Sutcliffe is moving its San Francisco headquarters to a new building South of Market in the summer of 2004. Orrick will occupy the top four floors of the 10-story facility at First and Howard streets. The structure, which was known as 2 Foundry Square, has been renamed the Orrick Building. In addition to Orrick, three or four other tenants will move into the building, which is currently a shell without floors. The firm signed a 15-year lease for approximately 157,000 square feet of space, with several renewal options and rights to expand. Orrick now occupies about 140,000 square feet at 400 Sansome St., the landmark Old Federal Reserve Bank building. Michael McAndrews, managing partner of Orrick’s Los Angeles office, declined to say how much the firm would be paying in rent, but he said it will be “substantially less” than the rent for its current space. McAndrews, who was in charge of finding a location for Orrick once its lease expired, said the process began in mid-2001. He said the Sansome Street space is a great building but had constraints in terms of what upgrades could be carried out. The South of Market building is built around a hollow core, McAndrews said. “It has a ton of glass, high ceilings, an outdoor deck and a light well in the middle.” Orrick moved to the Sansome Street space in 1989 after 17 years at the Transamerica Pyramid. Before that, Orrick was located at 405 Montgomery St., in a building that is now the Omni Hotel. – Brenda Sandburg HOWARD, RICE HIRES 2ND COOLEY PARTNER Michael Sullivan, a Cooley Godward partner specializing in emerging growth companies, is joining Howard, Rice, Nemerovski, Canady, Falk & Rabkin, the second high-profile partner transfer between the two firms in as many weeks. Deborah Marshall, a former head of Cooley Godward’s business department, jumped ship to 145-attorney Howard, Rice in February. Sullivan officially begins practicing in Howard, Rice’s business department today. In a statement, Sullivan said Howard, Rice has a long-term commitment to investing in its emerging companies and technology practice. “I look forward to joining and helping build what is already a top-notch department,” he said. Sullivan has been a partner at Cooley since 1997. In addition to Sullivan and Marshall, Howard, Rice has added several new partners and a half-dozen associates to its business department over the past year. The group currently counts about 50 attorneys and represents clients including Advanced Micro Devices, Transmeta Corp. and Thomas Weisel Partners Group LLC. – Alexei Oreskovic

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