Thank you for sharing!

Your article was successfully shared with the contacts you provided.
On June 20, 2001, Jones, Day, Reavis & Pogue litigation partner Sydney McDole was in a courtroom in Jefferson County, Colo., watching senior associate Robert Faxon conduct his first-ever redirect examination. Faxon had been assigned to handle a key witness in Jones Day’s defense of Brush Wellman Inc., the company that supplied beryllium to the Rocky Flats nuclear plant in Golden, Colo. Workers at the plant were accusing Brush Wellman of failing to warn them about the danger of exposure to beryllium dust. Faxon’s witness, Marc Kolanz, was the only company representative Jones Day called at the trial, and the cross-examination he’d undergone at the hands of the plaintiffs’ lawyer from Baron & Budd had, McDole says, been rough. Kolanz, the company’s industrial hygienist, had conducted an investigation that concluded Brush Wellman had no reason to suspect that the beryllium exposure limits recommended by the government were unsafe; the plaintiffs’ lawyer had hammered away at Kolanz’s lack of hard exposure data from the Rocky Flats plant. McDole was a little worried about how Faxon, who’d been a bit stiff during direct questioning, would do on redirect. But Faxon was able calmly to establish for the jury all of the factors that Kolanz had considered in reaching his conclusions. “He was such a natural. I was so proud of him,” says McDole. On the car ride back to the hotel that night she told Faxon how well he’d done. “That,” she says, “is what stands out for me about that day. McDole, Faxon, and the rest of the Jones Day team went on to win a defense verdict in the three-week Brush Wellman trial — which was one of the 43 U.S. cases Jones Day litigators tried to a judgment or jury verdict in 2000 and 2001. (That’s in addition to the firm’s 28 overseas trials, 27 arbitrations and over 100 labor proceedings.) McDole and Faxon were just two parts of the firm’s litigation machine. What do 703 litigators do on any given day? On June 20, the answer was: almost anything. In Chicago, partner Lee Ann Russo was also at trial, supervising two Jones Day associates in a crucial day of testimony in the asylum hearing of pro bono clients Manuel and Moises Ramirez-Garcia before an Immigration and Naturalization Service administrative law judge. The brothers, onetime landowners in Chiapas, Mexico, had fled their country after protesting their treatment at the hands of the government. On June 20, the second day of the hearing, the Jones Day lawyers called Manuel Ramirez-Garcia, as well as their expert on conditions in Chiapas, a law professor at DePaul University. At the end of the day, Russo says, the judge announced that he was inclined to grant the brothers asylum, which he eventually did in August. (The government has appealed the ruling.) Frankfurt partner Thomas Mahlich and New York partner Harold Gordon also made court appearances on June 20. Mahlich was before the Munich regional court judge overseeing the case against Jones Day client Thomas Haffa, a former board member of EM.TV & Merchandising AG, who is facing securities fraud charges. Gordon spent several hours at a monthly status conference in the Manhattan courtroom of the state judge overseeing suits brought against tobacco defendants in New York. Elsewhere, partners were getting ready for imminent trials, arbitrations and hearings. Paris litigation head Michael Buhler had an upcoming two-day arbitration for Comfort Hotels Management, a Swiss subsidiary of a Turkish company suing the government of Turkmenistan in a dispute over a hotel management contract. In the Irvine, Calif., office, Thomas Malcolm was drafting his opening statement in the Cheryl Ivory case, a gender and race discrimination suit in which Jones Day is defending Los Angeles County. (The judge continued the trial until this May.) Kenneth Adamo spent the day in Cleveland preparing for a hearing on discovery disputes that was held the next day before a special master in federal court in Newark, N.J. Adamo represents Saudi Basics Industries Corporation in its ongoing intellectual property dispute with ExxonMobil Chemical Company. In Washington, D.C., labor lawyer Andrew Kramer was working on his witness list and prehearing statement for the Alcoa Inc. arbitration he tried in July. (Alcoa and the steelworkers union had agreed to arbitrate contract terms; after the three-day arbitration, but before the arbitrator ruled, the two sides settled.) Kramer was juggling on June 20: He was also negotiating with lawyers from the committee of unsecured creditors in The LTV Corporation’s bankruptcy, trying to figure out union concessions that would help keep the company afloat. Washington partner Thomas Cullen Jr., meanwhile, spent June 20 in a meeting with the general counsel of the Airlines Reporting Corporation. ARC, which processes travel agents’ fees from the airlines, had just issued a new set of rules. The company knew the agents’ trade group would try to block the new rules by appealing to an arbitration panel, and called on Cullen for advice. (In November the arbitrators upheld ARC’s new rules.) Deposition preparation occupied much of the day on June 20 for four Jones Day litigation partners. Daniel McLoon in Los Angeles was drafting an outline for the upcoming deposition of a former safety department employee of Obayashi Corporation, a contractor that dug tunnels for Jones Day’s client, the Los Angeles Metropolitan Transit Authority. Obayashi and the MTA had $100 million in claims and cross-claims pending in a state court suit in California; McLoon wanted to be sure the former employee made the same incriminating remarks in his deposition as in a signed statement that Jones Day had obtained from him. (The case is scheduled for trial this spring.) David Carden was in New York getting ready to depose Bassem Ziadeh, a London-based investment adviser for several Liechtenstein foundations, in a case for Lehman Brothers Holdings Inc. Over 250 investors, including the Liechtenstein foundations, had sued Lehman and The Bear Stearns Companies Inc. for abetting an alleged fraud perpetrated by the investors’ broker in Beirut. (Trial in the case, in which the plaintiffs have been divided into 14 groups, may begin in Manhattan federal district court as early as this summer.) Los Angeles litigator Frederick McKnight missed spending his wedding anniversary at home on June 20; he was in Dallas getting ready to depose a Dole Food Company Inc. scientist and a Costa Rican production manager in a battle between Dole and Fresh Del Monte Produce Inc. over the genetic makeup of a new pineapple variety. The case, in which McKnight represents Dole, is slated to go to trial in Miami in March. In Cleveland, John Newman Jr. was working on a product liability case that has engaged more than 30 Jones Day lawyers since October 2000. The firm is lead trial counsel in more than 30 state and federal class actions accusing Cooper Tire & Rubber Company of producing defective tires. One of the disputed issues in the case last summer was confidentiality, and Newman was preparing to defend the deposition of Cooper’s director of consumer relations, who was expecting to be grilled on how he maintained records on tire adjustments and claims. (While Jones Day was litigating the Cooper class actions, Weil, Gotshal & Manges was working on a nationwide settlement for Cooper. It received preliminary approval last fall.) Hugh Whiting spent the day in meetings and on the phone in Houston, strategizing in product liability class actions involving Bridgestone/Firestone tires. Mid-June was a busy time: The second set of congressional hearings had just ended, Ford had begun aggressively trying to shift blame onto Bridgestone, and the lawyers were waiting for rulings on motions to dismiss and class certification. Whiting, who is leading the Bridgestone defense along with Jones Day Washington partner Stephen Brogan, was busy with plaintiffs’ lawyers, Jones Day lawyers and Bridgestone lawyers, developing Bridgestone’s next moves. (Since June 20, the federal judge overseeing the cases blocked the injunctive recall of the tires in question, but ruled the class action could proceed on warranty and consumer claims. Most recently, in late October, she certified a class of Ford Explorer owners and a class of tire owners.) David Witcoff, an intellectual property lawyer in Chicago, was also on the phone with opposing counsel, conferring in litigation over patents on an extendable chain saw. Not everyone worked on client matters. Elwood Lui, a onetime California state appellate judge who works out of Jones Day’s Los Angeles office, serves on the state’s federal judicial selection panel, which filled his day on June 20. IP group head Robert Kahrl took time for a bit of client development. Kahrl was finishing up a swing through Japan for client Guardian Industries Corp., in which he met with a number of electronics companies that use Guardian’s liquid crystal display technology. He wanted to impress upon them the importance of properly licensing Guardian’s intellectual property. Then he traveled to Tokyo for a get-acquainted meeting with officials from Honda Motor Co., Ltd., which already had ties to Jones Day’s Tokyo office. Finally, the department’s grand master, John Strauch, spent June 20 in Cleveland. Strauch worked much of the day making notes for a meeting with TRW Inc. officers, including the chief executive officer. Though the meeting, in which Strauch planned to brief the TRW executives on a qui tam case he is handling for them in Los Angeles, was still months away, this was to be Strauch’s first encounter with CEO David Cote, and he wanted to be ready. Strauch took time out to meet with Iain Seow, a litigator considering joining the firm’s Hong Kong practice. He must have made a good impression: Seow later came to Jones Day as of counsel.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.