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Intentional Conduct D.C. law and lobbying boutique Butera & Andrews lost its fight against IBM Corp. Oct. 18, when Judge Reggie Walton of the U.S. District Court for the District of Columbia granted IBM’s motion to dismiss and denied Butera’s request for limited expedited discovery. The firm had sued IBM and an unidentified employee in its Durham, N.C., facility for trying to hack into its e-mail system. Butera & Andrews hired outside consultants after it “became aware of facts which suggested that the e-mail server through which the firm operated had been compromised by unauthorized parties” in November 2005, according to the complaint in-house counsel David Hart filed in April. Butera & Andrews sought attorney fees, more than $60,000 that it claimed was paid to a computer-forensics firm to review the firm’s security, and money it spent to beef up the security of its computer system. IBM outside counsel Mary Ellen Powers of Jones Day refuted Butera & Andrews’ claims, writing in the motion to dismiss that Andrews & Butera “admits that it has no idea who attacked its computer systems.” In his opinion, Walton wrote that Butera & Andrews failed to show “intentional conduct” on behalf of IBM, but the judge left open the possibility of the firm moving forward on third-party discovery against the John Doe defendant. “We understand there’s a high threshold in these cases,” says James Butera, founder of the firm. “We’ll be pursuing the John Doe angle.” Butera says the firm doesn’t expect to appeal Walton’s decision. “We are pleased with the result. The decision speaks for itself,” said a statement from IBM on the decision.
Future Merger Skadden, Arps, Slate, Meagher & Flom is representing the Chicago Mercantile Exchange in its $8 billion acquisition of the Chicago Board of Trade, which is being advised by Mayer, Brown, Rowe & Maw. If the merger, which is subject to shareholder and regulatory approval, goes through, it would create the largest financial market in the world. Several D.C.-based attorneys are part of Skadden’s 30-lawyer, multioffice team, including partners C. Benjamin Crisman and Don Frost; of counsel Philip McBride Johnson; counsel Michael Bergmann and John Lyons; and associate Elizabeth Malone. On the CBOT side, Mark Ryan, chairman of Mayer, Brown’s Washington litigation practice, worked on the deal.
It Works for Us Is the grass ever greener on the other side of the Potomac? For Greenberg Traurig, the answer is yes. Despite firms such as Mintz, Levin, Cohn, Ferris, Glovsky and Popeo pulling out of the tech sector, the business continues to boom for Florida-based Greenberg Traurig. With 50 lawyers in its Northern Virginia office, the firm continues to expand and bring in business. Most recently, Greenberg partner Scott Meza and of counsel Alexei Cowett represented Broadwing Corp. in tech giant L3 Communications’ $1.4 billion takeover of the company.
Of Mergers and Deals Mergers and deals can mean big money at law firms around town, but when a longtime client gets swallowed by a behemoth, what does that mean for the bottom line? Covington & Burling will get the answer to that question after JLG Industries becomes a subsidiary of the Oshkosh Truck Corp. Covington’s W. Andrew Jack led the multioffice team in its representation of JLG in the $3.2 billion merger, which is dependent on a JLG shareholder vote expected by the end of the year. Jack declined to comment on the future of Covington’s work with its client of more than 30 years, except to say, “We’re going to stay focused on getting the transaction completed and look forward to working on that.”
Keeping Score is Legal Times ‘ weekly column devoted to the legal business scene. Got a tip for Alexia or Anna? Contact them at [email protected] or [email protected].

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