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GIBSON, DUNN TAKES PARTNER FROM SIMPSON Gibson, Dunn & Crutcher has poached Stephen Fackler from Simpson Thacher & Bartlett in Palo Alto. Fackler, who joined Gibson’s Palo Alto office as a partner Monday, will be the firm’s first Bay Area expert in executive compensation and employee benefits. Gibson has “a well-established [employee benefits and executive compensation] group in the West Coast, but it is a role in the Bay Area for which the firm had been looking for a number of years,” said Fackler. Fackler decided to make the move from Simpson, he said, because he felt the new firm would be a better fit for his clients and 21-year-old legal practice. “Our practice tends to be more company-orientated than the New York firms, who are more focused on private equity funds and investment banks,” added Russell Hansen, partner in charge of Gibson’s Palo Alto office. “The need is there for our clients to get top-level executive compensation [advice].” Fackler headed Cooley Godward’s benefits and executive compensation group from 1994 to 2001, before he moved to Simpson. Fackler said he expected clients to follow him to Gibson, Dunn. So far, he has heard that clients Openwave Systems Inc. and IDA Corp. would be transferring their work to him. He anticipated that he would be hiring associates in the lateral market to build his practice at Gibson, but will not be bringing them over from Simpson. “We are definitely in a mode of growing in Silicon Valley,” added Hansen. “We tend to do further selective lateral hiring in certain areas.” &# 151 Marie-Anne Hogarth SENATOR WANTS TO LIMIT USE OF EMINENT DOMAIN MIAMI � U.S. Sen. Bill Nelson vowed Monday to deny federal funds to any city or state project that uses eminent domain for private gain. The Florida Democrat, who is running for re-election next year, said he is co-sponsoring with Republican Sen. John Cornyn of Texas a bill that would reserve eminent domain only for public-use projects. “I don’t want someone’s home taken for an economic development project that could be a Wal-Mart,” said Nelson flanked by members of a family who expect the Florida city of Hollywood to take their property. If passed, the Protection of Homes, Small Businesses and Private Property Act of 2005 will prevent the federal government from taking private property for economic development, and local governments’ use of federal funds for any project in which they are using eminent domain for private gain. He and other bill sponsors next week will attempt to amend a U.S. Treasury Department appropriations bill to prevent the use of federal funds for projects that involve eminent domain. The bill is now before the Senate Judiciary Committee, which held a hearing on it last week. A similar measure in the House was approved in July, according to a report in the Washington Post. &# 151 Daily Business Review

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