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Sunset “Ain’t no sunshine when he’s gone . . .” After less than two years at the D.C. office of New York-based Cadwalader Wickersham & Taft, antitrust guru Steven Sunshine jumped to M&A powerhouse Skadden, Arps, Slate, Meagher & Flom’s Washington office last week, bringing most of Cadwalader’s antitrust team with him. “Skadden reached out for us and presented us with an opportunity that was really too good to pass up,” says Sunshine. “They have an incredible list of corporate clients — it’s the antitrust lawyer’s dream.” Sunshine says he expects at least 20 people to make the move with him to Skadden. Partners Jess Biggio and Matthew Hendrickson joined Skadden’s New York office, Biggio as a partner and Hendrickson as counsel. Counsel Tara Reinhart moved to the D.C. office. Sunshine, who headed merger enforcement at the Department of Justice’s Antitrust Division from 1993 to 1995, joined Cadwalader from Shearman & Sterling in the spring of 2005. He headed both firms’ antitrust practices. His book of business includes M&A work for Storage Technology Corp.’s acquisition by Sun Microsystems Inc. and Watson Pharmaceuticals’ purchase of Andrx Corp. In addition to M&A work, Sunshine says he expects the group will continue to represent clients in antitrust litigation and before grand-jury investigations. Sunshine defended Deutsche Bank against allegations of an antitrust conspiracy involving the short selling of securities and represented De Beers, the world’s largest diamond producer, in a price-fixing case brought by the Justice Department. Sunshine also represented De Beers, along with Linklaters, in a multiyear probe into its diamond-distribution system by the European Commission. Last week, the commission announced it was closing its investigation after De Beers agreed to make the system more transparent.
Fee Fight Next stop, en banc. After seven years of legal offensives over a verbal contract that was or wasn’t, Anne-Marie Kagy suffered a severe financial setback when the U.S. Court of Appeals for the D.C. Circuit reversed a lower court’s decision. Kagy’s attorney, Mark Cummings, a partner at Sher, Cummings & Ellis, says they will ask for an en banc hearing, which would be held before every judge on the D.C. Circuit. Kagy is seeking a $1.3 million payout for work she did from 1994 to 1999 for Steven Perles, whose clients brought two wrongful-death actions against the government of Iran. The cases were filed on behalf of the families of Alisa Flatow and Matthew Eisenfeld; the two were students, killed in separate terrorist bombings. The surprising victory for the families then resulted in an even more unlikely payment when Congress, in January 2001, authorized the money to come from Iranian credits with the Defense Department. Perles, who was paid $9 million for his work on the two cases, is represented by Steve Schneebaum, a partner at Greenberg Traurig.In December 2000, Kagy notified Perles that because judgments on the cases had finally come through, she was entitled to $3 million, a third of Perles’ cut and what she considered the orally agreed-upon cost of her work. On April 20, 2005, the district court reduced that $3 million figure after it entered a final judgment finding Kagy was entitled to about $1.4 million from the Flatow case and about $47,000, based upon an hourly rate, for her work on the Eisenfeld case. But the appeals court found that Perles and Kagy did not have an oral contract for her work. The court remanded the case back to the district court with instructions to determine a suitable hourly rate to pay Kagy that does not fall below $150 per hour.
Safe Haven The D.C. office of Jones, Walker, Waechter, Poitevent, Carr�re & Den�gre scooped up Arnold Havens, former acting deputy secretary and general counsel for the Treasury Department. Havens, who joined the firm as a partner last week, stepped down from his Treasury post last summer. His experience at the department with a number of Hurricane Katrina-related financial-management and tax-relief initiatives will be a boon to the New Orleans firm’s Gulf Coast recovery work, says R. Christian Johnsen, head of the D.C. office of the firm, which counts New Orleans, the Port of New Orleans, and Tulane University among its clients. In addition to hurricane-related rebuilding and economic-development work, the firm lobbies for the city of New Orleans and the New Orleans Business Council in efforts to enhance hurricane protection from the Army Corps of Engineers. Havens, who headed CSX Corp.’s Washington office prior to his Treasury stint, says he also plans to be involved in transportation work and in shepherding foreign clients making investments in the United States that require national-security review by the Committee on Foreign Investment in the United States.
Keeping Score is Legal Times ‘ weekly column devoted to the legal business scene. Got a tip? Contact Business Editor Anna Palmer at [email protected].

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