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Totally Tubular Google Inc.’s $1.65 billion acquisition of video-sharing Web site YouTube Inc. is keeping lawyers busy around the country. In the District, David Gelfand and George Cary, partners with Cleary Gottlieb Steen & Hamilton, are representing the Mountain View, Calif.-based behemoth on the antitrust aspects of the deal. Antitrust authorities have granted “early termination” requests to three of the four Hart-Scott-Rodino filings the company made for the proposed deal, according to Jon Murchinson, a Google spokesman. The granting of early termination requests means the Federal Trade Commission and the Department of Justice’s Antitrust Division have completed their review and decided not to take any enforcement action. The three filings cover the payouts to YouTube’s three largest shareholders, but Google is still waiting to get the nod on the fourth filing, on the overall transaction, Murchinson says. Meanwhile, the company could have more business in front of the FTC, as the U.S. Public Interest Research Group and the Center for Digital Democracy last week asked the FTC to investigate the practices of companies selling online advertising for possible violations of consumer privacy. The advocacy groups asked the FTC to launch an investigation of how companies, including Microsoft Corp., Google, and Yahoo Inc., track consumers’ Internet use and what they do with the information they gather.
A Better Fit Patton Boggs snagged high-profile litigator DeMaurice Smith from the D.C. office of Latham & Watkins. Smith, a former prosecutor who also worked as a counsel to former Deputy Attorney General Eric Holder, made the move last week. The firm says he’ll focus on white-collar criminal defense matters and tort liability trials. During his time at Latham, Smith represented HealthSouth’s general counsel, William Horton, in criminal and congressional investigations. Smith is not the first Latham lawyer to make the leap to Patton Boggs this year. In April the firm acquired a 30-attorney group of litigators from Latham’s Newark office in an effort to build up a New York presence. Stuart Pape, Patton Boggs’ managing partner, says the firm had been talking with Smith for several months. “In the scheme of things, it was not the shortest dating, nor the longest,” he says. Pape adds that Smith is likely to become one of the leaders of the firm’s litigation practice. Eric Bernthal, managing partner of Latham’s D.C. office, says the firm “was sorry to see [Smith] go,” but notes that “his practice will probably fit a little better over there.”
Crossing Guards The D.C. office of Los Angeles-based Gibson, Dunn & Crutcher helped the American Red Cross’ Board of Governors conduct a six-month comprehensive review of its governance practices, which culminated in the Red Cross’ announcement last week that it had approved a series of recommendations to streamline the size and structure of its unwieldy 50-member board. Gibson Dunn’s team included partners Amy Goodman, John Olson, and Stephanie Tsacoumis and four associates. The team worked in conjunction with an independent panel of governance experts, which was chaired by Karen Hastie Williams, a retired partner with Crowell & Moring. The Red Cross launched its review last February in the face of criticism of its response to Hurricane Katrina and the events of Sept. 11, 2001. Senate Finance Committee Chairman Charles Grassley (R-Iowa) called on the organization’s board to recognize that “business as usual cannot continue.” The firm had previous experience counseling nonprofits on governance matters, including Blue Cross Blue Shield organizations and the Girl Scouts of the USA, Goodman says.
Sweet Name Tirami Su Ristorante Italiano Inc. opened its doors in Middleburg, Va., in January, but the Italian restaurant’s name was too sweet to be true. Within months, it received a letter from lawyers warning that the name violated the trademark of another D.C.-area restaurant: Al Tiramisu. Located near Dupont Circle, Al Tiramisu opened in 1996 and has been host to events by the Order of the Sons of Italy. It is headed by Chef Luigi Diotaiuti, who was asked to cook for the Italian Olympic team during the 2002 Salt Lake City Winter Olympics. Last month, Al Tiramisu attorney William Bradley of Cahn & Samuels filed a trademark infringement suit in the U.S. District Court for the Eastern District of Virginia. Reached by phone, Tirami Su’s owner, Amadou Outtara, said he “was working on changes” to the restaurant. Though he said he’d never heard of Al Tiramisu before the lawsuit, he was preparing to change his restaurant’s name to Salvia, which in Italian means sage. A wise choice, perhaps? Either way, he said, “business is great.”
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]. Reporter Emma Schwartz contributed to this column.

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