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KERRY WIN RE-ENERGIZES BACKERS IN D.C. The surprising win in the Iowa caucus by John Kerry has breathed new life into his presidential campaign and galvanized the D.C. lawyers who support him. Kerry supporters said all along, “date a Dean, marry Kerry,” says Alston & Bird counsel Jonathan Winer, who served as Kerry’s former chief counsel in the Senate. From the start of his campaign, Kerry has enjoyed strong backing from lawyers and law firms. According to the Center for Responsive Politics, lawyers and law firms have given about $3.1 million in donations to Kerry as of the third quarter of 2003, the most recent Federal Election Commission filings. Reed Smith partner and D.C. Democratic Party Chair A. Scott Bolden says that before Iowa, D.C. lawyers were wavering on how much to donate to the Kerry camp. “The Kerry supporters and investors were really lamenting his demise in the polls,” says Bolden, who points out that the D.C. Democratic Party hasn’t endorsed a candidate. “I think most of his supporters are not only relieved but excited about comeback Kerry.” Winer admits fund raising has been easier since Iowa. “Dean was a dot-com,” he says. “John is a blue chip.” The center’s Web site, www.opensecrets.org, lists 10 law firms among the top 20 contributors to Kerry’s campaign. A firm’s listing includes donations from its political action committee and its lawyers and staff or their immediate family. (The Kerry campaign does not accept PAC money.) Kerry’s largest contributor was Skadden, Arps, Slate, Meagher & Flom, with $97,650 in donations. Baltimore’s Piper Rudnick ($68,250), D.C.’s Akin Gump Strauss Hauer & Feld ($32,550), and Holland & Knight ($32,950) were also big contributors, as were Boston’s Mintz Levin Cohn Ferris Glovsky and Popeo ($63,300) and Hale and Dorr ($30,200). FEC filings name some D.C. managing partners among Kerry donors, including Akin Gump chairman R. Bruce McLean; Latham & Watkins’ D.C. managing partner Eric Bernthal; Jeffrey Liss, Piper Rudnick’s D.C. managing partner; Patton Boggs managing partner Stuart Pape; and Skadden’s D.C. managing partner, Michael Rogan. (By law, individuals may contribute no more than $2,000.) Others who have donated include Wilmer, Cutler & Pickering’s Lloyd Cutler, Covington & Burling partner Eric Holder Jr., and Williams & Connolly partner Robert Barnett. � Marie Beaudette REACHING OUT Morrison & Foerster has added five lawyers from Chicago-based intellectual property firm Fitch, Even, Tabin & Flannery to its D.C. and Northern Virginia offices. MoFo’s new partners include Sherri Blount and Edward Gray Jr. Blount, an entertainment and trademark lawyer, is counsel to BET, Nextel Communications, National Basketball Association player Allen Iverson, and lawyer Johnnie Cochran Jr. Gray does trademark work, branding, and IP counseling. “Ed and Sherri bring a whole new level of sophistication,” says Brian Busey, local managing partner at MoFo, which now has 25 intellectual property lawyers in the D.C. area. Gray says he was attracted by MoFo’s “broader capabilities” outside of IP and impressed by its “commitment to diversity.” The other Fitch lawyers who left for MoFo are of counsel Christopher George and associates W. Brian Edge and Pia Yu. Despite the departures, Fitch, Even’s now seven-lawyer D.C. office is still enduring. “It is unquestionably continuing,” says of counsel George Spencer, who manages the office. “We’re keeping very busy.” � Christine Hines TRADING UP Weil, Gotshal & Manges has added two more partners to its D.C. antitrust group. Ann Malester, most recently deputy director of the Federal Trade Commission’s Bureau of Competition, joined the firm after more than 26 years at the FTC. Malester participated in numerous trials and supervised the investigation and litigation of hundreds of mergers and acquisitions. Also going over with Malester is Steven Bernstein, assistant director of the competition bureau. They join antitrust star Steven Newborn and three other partners who jumped to the New York-based firm’s D.C. office in October from Clifford Chance, bringing with them five associates and two of counsel. � Lily Henning PICKERING AT WORK Last week, Charles Pickering Sr. sat in his chambers in Mississippi poring over briefs four inches thick in preparation for oral arguments in two cases that � if it were left to politics � he never would have heard. For two years, the U.S. district judge’s nomination to the U.S. Court of Appeals for the 5th Circuit was stalled. But on Jan. 16, President George W. Bush unilaterally gave Pickering a seat on the 5th Circuit through a recess appointment while the Senate was out of session. Pickering wasted no time. He was sworn in the same day Bush announced the appointment. And on Jan. 22, he was in New Orleans sitting as a circuit judge. He sat with the full 5th Circuit to hear two cases en banc � a Fourth Amendment search-and-seizure case, and a case that will decide whether ad litem expenses can be assessed as a court cost. “We are very glad to have him,” says 5th Circuit Chief Judge Carolyn Dineen King. “He will be very helpful.” � John Council, Texas Lawyer APPELLATE PRACTICE Efforts by Atlanta’s Kilpatrick Stockton to develop its appellate and Supreme Court practice stepped up recently when D.C. appellate lawyer Mark Levy came on board. Levy, a former Howrey Simon Arnold & White partner, has argued 15 cases in front of the Supreme Court and has worked on over 100 cases decided by the Court. “I think there are terrific people at Kilpatrick,” Levy says. “It’s a thriving, growing firm that wants to expand its D.C. office, particularly in litigation.” The firm has 40 lawyers in Washington. Kilpatrick’s appellate practice, firmwide, stands at 15 lawyers, and the firm aspires to increase that group to between 25 and 30 lawyers, says litigation chairman A. Stephens Clay. “Mark will be part of the leadership of this specialty practice,” says Clay. � Christine Hines BUDGET BUSTING The massive spending bill passed by Congress last week will not do much to ease the severe budget crunch facing the nation’s federal courts, says David Sellers, a spokesman for the Administrative Office of U.S. Courts. Sellers says that roughly 800 federal court employees nationwide may face layoffs despite a 4.7 percent increase over 2003 funding. “We needed 7.3 percent just to stay even with what we did in 2003,” Sellers explains. Sellers says court administrators hope to avoid layoffs by trimming staffing and allowing positions to lapse through attrition and early retirement. He adds, “The problem the judiciary has is that so much of the costs are not flexible. The judges can’t say, ‘Gee, we got less money this year, so we’re not going to take anymore antitrust cases.’ ” Federal court administrators in the District and Northern Virginia say it is too early to tell how the budget shortfall will impact area courts. � Vanessa Blum NEW ENVIRONMENT Cadwalader Wickersham & Taft has lost two lawyers to McKenna Long & Aldridge. Frederick Anderson and Geraldine Edens join the firm’s environmental practice as partner and of counsel, respectively. Anderson, a former dean of American University’s law school, will focus on environmental, energy, and natural resources issues in litigation, regulatory, and legislative matters. “McKenna has dozens of lawyers who do work like I do,” Anderson says. “We’re very sorry to see Fred leave,” says Raymond Banoun, D.C. managing partner at Cadwalader, a firm known for its financial services and corporate practice. “He is a friend and will continue to be one. We wish him the very best.” � Christine Hines FEE DENIED A special appeals court that supervises independent counsel investigations has shown a propensity in recent years for denying attorney fees to Democrats who got caught up in the scandals of the Clinton administration. On Jan. 23, the three-judge court showed itself an equal-opportunity denier � rejecting fees requested by Richard Mellon Scaife, one of the few Republicans who was investigated by Kenneth Starr’s team. The court, part of the U.S. Court of Appeals for the D.C. Circuit, found that Scaife was a witness, not a subject, of the investigation � and that he would have incurred his legal fees of almost $81,000 even in the absence of an IC. Either of those reasons would have been enough to turn the petition down. Scaife, the conservative publishing tycoon, was believed by his public accusers to have indirectly funded payments allegedly intended to improperly influence an anti-Clinton witness. The IC found no basis for the charges. Scaife’s lawyer, H. Yale Gutnick of Pittsburgh’s Strassburger McKenna Gutnick & Potter, did not return a call. � Jonathan Groner LUNCH MONEY News flash: That whole dot-com thing didn’t work out the way anyone thought it would. The latest illustration comes courtesy of Dechert. In December 1999, the Philadelphia firm announced a special retention bonus program for its associates. The firm set aside $50,000 of its investment in high-flying client Internet Capital Group, and all associates and counsel employed by the firm on Dec. 31, 1999 � and still employed on Sept. 15, 2003 � would receive a bonus equal to their prorated share of the investment. At the time, it seemed like a generous perk, and other firms were making similar moves in an attempt to motivate lawyers to stay put in the red-hot job market for lawyers. Last week, Dechert announced internally that it had cashed out its investment. The booty: $2,744.42, to be divided among 177 attorneys. That comes to $15.50 apiece � before taxes, of course. “We thought we were doing something great for our attorneys,” Dechert management said in a statement released Jan. 22 through a firm spokesman. “Unfortunately, it didn’t turn out that way. Of course, this is not the only Internet stock that has disappointed investors.” One Dechert associate, who asked not to be identified, said he was not upset when he received the memo: “I’d be surprised if anyone was shocked that an Internet stock from a few years back had tanked.” � Jeff Blumenthal, The Legal Intelligencer

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