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inside bracewell

happenings in our firm

Summer 2007

•

In this issue…

Welcome to Inside Bracewell—the place to get the inside scoop on the firm.

• Through Thick and Thin Twenty Years of Pro Bono Service for Death Penalty Inmate—pg. 3 • Firm Launches Market-Savvy Web Site—pg. 4 • From Africa to New ZealandBracewell’s International Ties Make it a Mini United Nations—pg. 6 • Spotlight on Bracewell’s San Antonio Office—pg. 10 • Client Profile: MatlinPatterson Global Advisors—pg. 15 • Summer Associates Gain Real World Experience—pg. 16

Bracewell & Giuliani Bids Farewell to Founding Partner

Fentress Bracewell: 1921–2007 It is with great sadness that Bracewell & Giuliani says goodbye to one of its founding partners, Fentress Bracewell, who passed away June 13 at the age of 85. Mr. Bracewell was the last living founder of the firm and played a significant role in growing the firm into one of the nation’s leading law firms.

For 50 years, he served as a true counselor of the law and was a witty, wise and encouraging mentor to many of the firm’s young lawyers. “The standard of personal, professional and public service he achieved made a mark on Houston that will not likely be equaled,” remarked his son, Brad Bracewell.

After graduating from Baylor Law School and serving in the U.S. Navy, Fentress, along with his father, J.S., and brother, Searcy, joined Bert H. Tunks in 1945 to form Bracewell & Tunks. Fentress worked to create a culture of integrity and professionalism that has stayed with the firm during its 60+ year history. With a keen legal acumen, Fentress strove to form strong personal relationships with local business and civic leaders. “He was an outstanding servant to his family, clients and the community,” said Fentress’ son in law, Tom Phillips.

Known simply as “Brace” to many, he was credited with helping to shape Houston from a regional center into a world-class city. He served as port commissioner for the Port of Houston Authority (PHA) from 1968 to 1970 and then as chairman from 1970 to 1985. It was the longest tenure of anyone in that post. He traveled to ports around the world to promote trade and boost the Port of Houston’s stature, as well as led the development of the terminal, the Fentress Bracewell Barbours Cut Terminal, at Morgan’s Point.

“The terminal was named in his honor in recognition of Mr. Bracewell’s foresight in recognizing that carrying cargo in containers was a trend the shipping industry would embrace, a radical idea at the time,“ said PHA Commissioner Chairman Emeritus Ned Holmes. “We all owe Fentress a debt of gratitude.”

An avid baseball fan, Mr. Bracewell is credited with helping to bring a Major League Baseball team to Houston and cheered the Houston Astros from his seats along the first-base line.

In addition to his work with the PHA, Mr. Bracewell served on many other public and private corporate boards, including as chairman of the regional board of the Institute of International Education, which directs the

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Fulbright Scholars program. He spent decades on the board of First Continental Life &

Retired Partner William Wilde Remembers Fentress Bracewell Fentress Bracewell was a man of great integrity,

lawyers. Joe Reynolds was a terrific trial lawyer

Accident Insurance Company and assisted his

dignity, wit and compassion. I have respected

with a dominating personality and a giant ego.

dear friend, J. W. Smelley, in building First

and loved Fentress since he hired me almost 50

In April 1966, Reynolds and nine others

Continental through 13 acquisitions into a

years ago in December 1957. The firm had six

announced that they were leaving to start a

significant company.

lawyers at the time. Searcy Bracewell had left

new firm. They asked Carlton, Hal DeMoss, Joe

the firm to run for the U.S. Senate and start

Jaworski and me to go with them.

Bracewell partners and associates today

another venture. I told Fentress that I had a

seek to develop and maintain the same open

brother who was one year behind me in law

communication and mutual trust that formed

school and that we had always hoped to

the foundation of Fentress’ positive client

practice law together. He said that should not

relationships. “Fentress’ commitment to the needs of his clients and to his community are a

be a problem as the firm planned to hire another lawyer every year. The next year, he told me that the firm had decided that it would be better

testament to the firm’s values today. We can all draw inspiration from the way Fentress lived his

not to have two lawyers from the same family. I reminded him that his father and brother were

life and served this firm. He will be missed,” said

both partners. Shortly thereafter, Carlton was

Managing Partner Patrick Oxford.

hired, and we have both spent our entire legal careers at the firm.

By 1966, the firm name was Bracewell Reynolds & Patterson. It had grown to 22

Carlton, Jaworski and I went to lunch and spent several hours weighing our options.

Finally we concluded that we could not bring ourselves to leave Fentress and that we wanted to continue our practice with him. We went to Fentress’ office and told him of our decision. A few minutes later DeMoss came in and said the same thing. Shortly thereafter, Searcy Bracewell and Harry Patterson drifted in. We all pledged to build a new firm based on trust, integrity and camaraderie. We agreed that in all matters we would put the firm first—ahead of our individual interests. On that day, Bracewell & Patterson (now Bracewell & Giuliani) was born with seven partners and five associates.

I recall many stories about Fentress, but this

”On that day Bracewell & Patterson (now Bracewell & Giuliani) was born with seven partners and five associates.”—Bill Wilde

one brings a smile to my face every time. When one of his many friends or clients would ask him what to do about traffic tickets, Fentress would always say “Send it to me and I will take care of it.” The word spread about his amazing ability to handle tickets and they regarded him as the best lawyer in Houston. He never told them that he simply paid them himself....what a great public relations and business development tool.

Fentress Bracewell and Ned Holmes.

Bill Wilde, Fentress Bracewell, Searcy Bracewell and Carlton Wilde.

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Trial partner Ralph ”Skip” McBride, Fentress Bracewell, Searcy Bracewell and Harry Patterson.

Through Thick and Thin Twenty Years of Pro Bono Service for Death Penalty Inmate

In keeping with J.S. Bracewell’s belief in the power of public service, Bracewell attorneys provide the same level of resources, commitment and experience to all their clients—pro bono or otherwise. It is with this spirit that attorneys dedicated 20 years to the defense of death row inmate Joseph Bernard Nichols.

Attorneys Pursue the Brady Claim

”Through our pro bono work, we were able to help someone who would otherwise not have received skillful legal representation. That in itself is gratifying.”

—Clifford Gunter

Bracewell attorneys returned to court in 1998 to pursue the Brady claim, which called into question the State’s failure to disclose Ishman’s contradictory testimony. However, it was held that Nichols was not entitled to relief.

In 2003, the Court of Criminal Appeals affirmed this

Who fired the fatal shot which took the life of a

In 1981, Williams was found guilty of capital murder

Houston convenience store clerk in October 1980?

and sentenced to death. (He was later executed in

decision, holding that Nichols had failed to show that

That question was central to the 25-year case which

1995.) During Nichols’ trial, the State argued that

the information withheld by the State was material and

resulted in the execution of Joseph Bernard Nichols

Nichols was a party to the conspiracy to rob and

would likely not have changed the result of the trial. A

on March 7, 2007.

murder and therefore equally as guilty as Williams.

new trial was denied. Bracewell attorneys started work

Although he was found guilty of murder, the jury

on two important petitions: the petition for certiorari

deadlocked on a death sentence since Nichols had not

to the United States Supreme Court from the Court of

fired the fatal shot, and a mistrial was declared.

Criminal Appeals decision and Nichols’ second federal

For Bracewell attorneys, the answer to that question was never conclusive. During the firm’s 20-year pro bono defense of Nichols, Houston partner and Trial Section Head Clifford Gunter and other Bracewell

habeas petition on the Brady claim.

During a second trial in 1982, the State relied on the The Supreme Court denied Nichols’ certiorari petition

attorneys clocked 10,000 hours, equivalent to nearly

testimony of store employee Cindy Johnson, who

$3 million in fees and expenses. Gunter worked with

identified Nichols as the shooter. Nichols was found

in 2004, and approximately three months later, Judge

fellow trial partner Mike Kuhn, who serves as Bracewell’s

guilty. Another store employee, Teresa Ishman, years

Hittner denied habeas relief, agreeing with the State

General Counsel, and former Bracewell attorneys

later stepped forward disputing Johnson’s testimony,

courts that Ishman’s testimony was not material.

Sarah Pierce Cowan, Mark Maney, Raymond Gregory

since Johnson was in the bathroom at the time of the

Bracewell attorneys continued to pursue appeals from

and Kirsten Cohoon over the years on the case.

fatal shooting.

Nichols’ second federal habeas until December 2006,

Recalling the case, Gunter said, “You don’t want to

Bracewell Attorneys Take the Case

be on the wrong side of the Texas justice system.

Bracewell arrived on the scene in 1987 when Chief

when the United States Supreme Court denied the petition for certiorari from the Fifth Circuit’s denial of his appeal.

While the case wasn’t black and white, Nichols Judge John Singleton of the Southern District of Texas shouldn’t be dead.” appointed Gunter as counsel for Nichols, who was

“It’s not Black and White”

sitting on Texas death row and had filed a pro se federal habeas corpus petition, his first post-convic-

The case stemmed from a 1980 robbery by Nichols tion death penalty appeal. and Willie Ray Williams of Joseph’s Delicatessen in Houston. During the robbery, one of the store employees

The case shifted to federal court, and Bracewell

reached for a gun and both Nichols and Williams fired

attorneys worked to prepare the petition. In the

their guns and started running out the door. One of

process, they discovered that the police knew the

the men, however, went back into the store, grabbed a

whereabouts of another employee who had

box of money and fired the shot which killed the store

witnessed the crime—Teresa Ishman, who had

employee. Although Williams confessed to firing the

originally given a false name to police and had never

fatal shot, both Williams and Nichols were indicted for

passed along her real name to the defense. The State

capital murder.

had never told the defense attorneys that Ishman had

Although Nichols’ attorneys filed additional petitions with the United States Supreme Court in an attempt to stay his execution, they were unsuccessful, and Nichols was executed on March 7, 2007—almost 25 years after he was sentenced and some 20 years after the Bracewell attorneys first took the case.

“I really grew up as a lawyer working on this case,” recalled Cowen. When Cowen was charged with telling Nichols’ mother that the Fifth Circuit Court of Appeals had denied the appeal of Nichols’ second federal habeas petition, Cowen remembers crying along with her. “It was so hard because we knew it was his last real chance.”

given them a statement that contradicted Johnson’s testimony: Ishman said that the victim had pulled a gun

Cohoon admitted she never thought much about

before Nichols fired a shot and that Johnson could not

the death penalty before the case. ”I believe that the

have seen anything because she was hiding in the

death penalty must be ‘error proof.’ Our current

bathroom when the fatal shot was fired.

system is not.”

In the petition, Bracewell attorneys argued that

Despite the thousands of hours spent and the

it was not proper for the State to obtain death

emotional rollercoaster of the case, there are no

sentences for both Williams and Nichols by arguing

regrets. “Through our pro bono work, we were able

inconsistent accounts of the facts in their separate

to help someone who would otherwise not have

trials. Judge Hittner found that this action by the State

received skillful legal representation,” Gunter said.

invalidated Nichols’ conviction and ordered that the

“That in itself is gratifying.”

State either retry or release Nichols. In 1995, the State appealed, and the Court of Appeals for the Fifth Circuit reversed Judge Hittner’s order, reinstating Nichols’ death sentence.

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Firm Launches Market-Savvy

Web Site Web browsers are never more than two clicks

news releases, articles and speeches and firm

attorneys and practices on the firm’s newly

rankings in an attorney’s practice area.

designed Web site. The site, which went live on June 13, was redesigned with clients in mind.

“We looked at the site as perhaps a general counsel of an energy company or a financial

communiqués, including newsletters and

Client Relations Wendy Horn.

client alerts.

events that Bracewell is hosting, sponsoring

company that specializes in developing law firm

or participating in and will soon be able to

sites. Zünpartners, the design firm that developed

register for events online.

the firm’s recently completed identity campaign,

Web site has already been included in the

dards. They used the monochromatic blue/gray

handbook, “Three Essential Media Relations

palette created by zün to provide a crisp look that is consistent and complementary to Bracewell’s printed materials, signage and

News & Features and Events pages are highlighted as useful tools for reporters.

• The Careers page offers links for law students, laterals and professional staff. Campus schedules for interviews and a description of summer programs are also included.

• Office locations include maps and a listing of nearby hotels.

PowerPoint presentations.

Paula Levis Suita, the book shows lawyers how

online media center. Screenshots of Bracewell’s

• Clients can add to their Outlook calendar

Consulting, an award-winning Web design

the new firm color palette and graphical stan-

to create a powerful media list, press kit and

• Contact Us feature now has an option for a

best structure,” said Director of Marketing and

Talk about hot off the press! Bracewell’s new

Lawyers. Written by David M. Freedman and

information have been added.

user to subscribe to any of the firm’s electronic

worked with Duo to ensure the Web site utilized

Tools,” part of the Get Good Press Series for

• Firm administration names and contact

institution might look at it to determine the

Bracewell’s marketing team worked with Duo

Bracewell Site Featured in Publication

• Related items on the bio page include

away from a depth of information on Bracewell

• The site features an RSS feed which makes it Duo’s research found that clients use law firm

easier for visitors to stay up to date on the

Web sites for two main reasons—to credential

site’s content.

an attorney they are thinking of hiring and for recruitment. Site visitors can now check an attorney’s bio, see related articles and events and in 30 seconds know the depth of an attorney’s practice. Some of the features of the new site include:

The site launched eight months to the day from the kick off meeting back in October 2006, approximately half the time it takes the average Web site start up. With that being said, the marketing team is acutely aware that some things may need to be retooled. The site was

• Visitors have the option of viewing

designed to be very easy to update and changes

attorney bios, practice descriptions and

to the bios and descriptions can typically be

other written material either At-a-Glance

made within three days.

or in an Extended Version.

Another great feature the marketing team • Web site visitors can contact attorney assistants now that they are listed on the

expects to fully utilize is the ability to track which pages garner the most hits.

attorney bio pages.

A handful of law firm Web site experts “kicked the tires” of Bracewell’s new site.

Here are some of their observations:

“I am glad to see tools for easy printing and e-mailing of pages. I am particularly glad to see that you've incorporated RSS feeds for your news items. I like that most pages are designed to fit within a single screen and that you've kept practice descriptions tight and focused.”—Bob Ambrogi, Syndicated podcaster, columnist and blogger on law firm Web sites “Overall the site is well-balanced, appropriate and attractive. The site design avoids the mistake of some large firm sites of being too cluttered and too ambitious. But certain areas like Publications and Speeches and “Bracewell in the News” show the true depth of the firm. I particularly like the alternating selection of practice area graphics on the home page rather than a picture of a Bracewell location or some stock legal photograph or graphic.”

—Jim Calloway, Director, Oklahoma Bar Association's Management Assistance Program

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“Congratulations for not having any Flash or animated graphics on the home page.

This makes the home page easy to read.

The People search page is excellent, offering visitors every choice they could want.”—Larry Bodine, Business Development Advisor “There are some cutting-edge elements, such as the ability to download V-cards and to automatically add events to an Outlook calendar, that are quite impressive and will promote not only a good user experience on the site, but confidence in the firm as an organization that is not only aware of, but knows how to use, the latest technology to support its clients and streamline their experience with the firm.”—Aviva Cuyler, Founder, JD Supra, LLC, Attorney with MBV Law LLP in San Francisco

The home page highlights Bracewell’s featured services—Banks and Financial Institutions, Energy, Environmental Strategies, Financial Restructuring and Bankruptcy, Private Investment Funds and White Collar Criminal Defense. “These world-class propositions tell our clients and potential clients that they can expect a depth of expertise and service that is second to none. They also represent the firm’s commitment to building up these areas even more,” said Managing Partner Patrick Oxford.

Clients can add event dates to their Outlook calendars and will soon be able to register Related information about an attorney, such as articles he or she has written or been

online to attend events.

featured in, speeches given and news releases, are all just a click away.

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From Africa to New Zealand, Bracewell’s International Ties Make it a

With the diversity of cultures and countries represented by Bracewell, the firm could be a mini United Nations. When Inside Bracewell sent out a questionnaire asking about international ties, more than 30 attorneys and staff responded.

Originally from MALAYSIA, Houston database

of the Jamaican flavors.” Her biggest adjust-

analyst Grace Pang came to the United States

ment to life in Texas? “The winter, although

17 years ago to go to college. She tries to visit

most Texans would consider the winters here

her homeland once a year. While there, she

very mild, almost non existent. To a Jamaican,

enjoys eating at the hawker center—large

it’s FREEZING! My first winter here, there was a

groupings of informal open-air food stalls that

freeze and I was ready to move back home.”

offer fast and cheap food where she can sample every kind of Malaysian cuisine. She said Malaysia is unique because “it is right on the equator and it’s hot and humid all year long.”

Many moved to the United States after being born in other countries.

While U.S. college tuition was a shock to Pang, who speaks Mandarin and Cantonese, she does enjoy the affordable cars found in the United

Houston environmental associate Francis Chin is

States. “In Malaysia, a basic Honda Accord costs

originally from Kingston, St. Andrews Parish,

approximately $41,000 U.S. dollars.”

JAMAICA, although he calls CANADA his home country because that is where he grew up and where most of his family still lives. “TORONTO is a very multi-cultural city that appreciates differences. I never felt out of place anywhere there. It’s also nice to visit QUEBEC. It’s like going to a different country within your own country,” said Chin. “When I graduated in 1994, the job opportunities were limited in Canada and I did not want to go back to school right away. I came to the United States to work for an entertainment management company located in Cambridge, Massachusetts, and then decided to go to law school,” said Chin.

Mini

Originally from MEXICO CITY, Manuel Vera came to Houston six years ago when he joined the firm as a foreign legal consultant in the Corporate and Securities Section. He tries to return home at least twice a year to visit family.

He said his home country is unique due to “its people, the culture, the mixture between the Indian culture and the European (Spanish) culture, and the weather (which is perfect). The

Gunnar Birgisson tries to make it home to

hardest adjustment to life in the states? “Lunch

ICELAND every other year to visit his parents,

time. In Mexico City it is at 2:30–3 p.m.”

sisters and other relatives. “Iceland is a unique place, with a population of only 300,000 people.

It was pretty isolated from the rest of the world for a thousand years, but in the last century has progressed enormously. Now, all trends and technologies seem to pop up in Iceland as soon as anywhere else,” said Birgisson, who speaks Icelandic. “When I’m in Iceland, I spend time with friends and family, go hiking and always work in a few trips to the public swimming pools, which are a big part of the national culture,” said the Washington energy regulatory counsel.

Washington EFIRE associate Patricia Toledo also had to adjust to early dinners and fast lunch breaks when she moved to the states five years ago to get her LL.M. Dinner in her native homeland of BRAZIL is always after 9 p.m. and lunch breaks usually last for two hours. She visits her family at least twice a year, where she eats typical food, like feijoada (bean and meat stew), goes to the beach and shops for local designer products. “Wonderful beaches, good soccer and friendly people make the country unique,” she said.

A native of ISRAEL, Austin environmental asso-

“In Iceland, the weather can get very rough,

ciate Heilla Lain has lived in the United States

but people shrug it off and don’t miss a beat.

Fellow Brazilian Amauri Costa agrees. “People

for 30 years. She came to America when her

But when the weather is nice, workplaces often

in BRAZIL are very friendly and warm. Brazilians

parents moved here for a temporary job. She

shut down so that people can enjoy themselves

will always look for an opportunity to get

said her home country is unique because “it is

and go to the swimming pools.”

together and enjoy some company, and they

so small and so beautiful. In a country about the same size as New Jersey, you have desert, beach, mountains, and green, green waterfilled lush areas.”

Houston corporate associate Donna Tomlinson visits her native JAMAICA twice a year, where her parents and four out of her five siblings still live. “I have to visit the ‘border’ where some of

will include any newcomer very quickly,” says the Washington EFIRE partner who is from a mid-sized town called JUNDIAI, located about 45 minutes outside SAO PAULO, Brazil’s largest city. Costa’s parents and sister still live in Brazil.

New York IT Specialist Andrew Lyth’s American

the most exquisitely delicious fish is prepared.

wife brought him to the United States from his

Of course, going to the beach is a must.” While

native NEW ZEALAND. While he misses his fam-

Tomlinson has lived in the United States for 16

ily and friends, he plans to travel back home

years since she came here for college, she still

once a year to “golf with my Dad and see a

misses the cuisine terribly. “I prefer to cook the

Such a small world, Costa and Toledo actually

rugby or cricket game.”

dishes myself because the restaurants I have vis-

grew up about 30 minutes from each other. Costa

ited somehow never capture the ‘authenticity’

added, “Patricia’s father sold seeds to my dad.”

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His work takes him there a few times a year, and his wife and kids tag along once a year to visit grandpa and grandma.

United Nations

When Dallas Regional Marketing Manager Sue

For Houston data steward Yen Leong, the hard-

Born in NICARAGUA, Claudia Baltodano left her

Lyon-Boggs visits her native OTTAWA, CANADA,

est adjustment to life in the United States from

native country as a baby and was raised in

where her parents still live, a trip to the Byward

her native MALAYSIA over 18 years ago was

GUATEMALA until the age of 10, before moving

Market is a must. “There are lots of wonderful

“trying to keep and balance different perspec-

to Houston 28 years ago. “I consider Houston

restaurants, as well as a farmer’s market with

tives.” The most enjoyable aspect for Leong

home, but Guatemala my homeland,” said the

flowers and fresh produce. And, of course, it’s

is “the convenience of the everyday life.”

Houston conference services specialist. Baltodano

the nation’s capital, so a visit to the Parliament

Although she misses her family most of all, she

regularly visits her mother who moved back to

Buildings should be on every visitor’s list.” She

tries to visit every other year, where she enjoys

Guatemala. “I rarely stay in the city. We like to

says that although she misses Macintosh apples

the local food, shopping and visiting the beaches

visit the small towns and villages where the

from ONTARIO, the opportunity in America is

and mountains.

Mayan people still thrive in their original

tremendous. “It’s definitely the reason so many people want to come here. It is really remarkable.”

Originally from SOUTH KOREA, Houston EFIRE associate Stephanie Song said she’s only been

Ileana Blanco echoed that sentiment. “This is

back to visit the country twice in the last 30

the greatest country in the world and a true

years. Although she moved to the United States

land of opportunity,” says the Houston trial

when she was five, she still speaks Korean.

partner whose family left their native CUBA,

“South Korea is probably the most naturally

and everything they owned, to escape from

beautiful country, with mountains and ocean.”

communism when she was two years old. “My parents, who didn’t speak a word of English, raised four children to be professionals: two lawyers, one doctor and a chief financial officer

Connecticut financial restructuring associate Ilia O’Hearn is originally from Lajas, PUERTO RICO, and she goes back home once a year to

customs. I like to visit the old Spanish city of ANTIGUA, see the ruins in TIKAL and shop in PANAJACHEL at LAKE ATITLAN. Of course, I eat everything in sight while I’m there!”

And while many Bracewell attorneys and staff members travelled across the ocean to their current homes in the United States, some found their ways from distances a little closer.

visit her family. She had to adjust to the long

Houston IT specialist Lei Lasua is from KANEOHE,

winters when she moved to New England 18

HAWAII, on the island of OAHU. She likes to

years ago to attend college. She met her hus-

travel back home every two or three years to

The search for new opportunities and new

band there “and the rest is history,” she said.

“walk along the white soft sand and swim in

challenges brought San Antonio labor associate

She added the people and its culture makes her

the clear blue water beaches.” Besides visiting

Nelli Nikova to the United States 16 years ago

homeland unique and she misses “how at ease I

family, she also visits the Polynesian Culture

from BULGARIA in Eastern Europe. Nikova, who

feel when I’m there.”

Center to remember her heritage, travels through

of a major corporation in Singapore. My parents are now retired in Florida.”

speaks Bulgarian, Russian and some German, is still working on her Texan drawl. “Bulgaria is famous for its rose attar. It has the best feta cheese and yogurt. A curious fact is that not long ago, the former king who lived in exile during the communist regime became a prime minister,” said Nikova, who tries to visit her parents there once a year. The hardest thing for her to get used to was “realizing that ‘how are

Houston assistant Amy Satchu last visited her home in DAR ES SALAAM, TANZANIA, EAST AFRICA, 15 years ago. “I enjoyed the clean air and the beautiful beaches. And, I enjoyed visiting the marketplaces full of local people selling fresh fruits and vegetables (which are unpolluted, unprocessed and unpreserved).” Satchu came to the United States 30 years ago to

the mountains and eats Hawaiian food every day. “Hawaii has incomparable natural wonders and diversions of the Aloha spirit, resulting from the spectacular environment nurtured by a melting pot of cultures and ethnicities.” She misses walks along the beaches, having a mountain right behind your backyard and picking fruits, like guava and mango, directly from the trees.

escape the political situation and civil upheaval

Although from the United States, San Antonio

after the independence from the British Colony.

paralegal Kristy Ritchie feels like she’s from a

“I miss the friendly, laid-back and trusting

foreign land—LOUISIANA. “That IS another

atmosphere not only in the community, but also

country!” she exclaimed in her tongue-in-cheek

The hardest thing to adjust to in the United

in the workplace, where the employer/employee

response to our survey. While Ritchie has lived

States for New York summer associate Anna

relationship is as good and as strong as any

in Texas for 20 years, she said the food, people

Rozin when she moved here 16 years ago was

relationship between two human beings, with

and climate make her home state of Louisiana

the language. Originally from RUSSIA, she said

honor, care and dignity.”

unique and that she travels there two to three

you doing’ is just a greeting, not a question, and ‘see you later’ is a polite way to end a conversation, not necessarily planning a visit.”

she enjoys the “diversity of the people.”

times a year to “eat, eat, eat.”

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Americans with

Ties Abroad While many Bracewell staffers were born the U.S.A., they have strong international ties to their families’ homelands.

Houston associate Feras Gadamsi was born and raised in the United States when his father received a scholarship to pursue his Ph.D. at Southern Methodist University in Dallas. But he still has strong ties to his native LIBYA, where his

San Antonio labor partner Victoria Garcia is the first of her family to be born in the United States. Originally from CUBA, her family is now scattered in Miami, Washington, D.C./Virginia, New York and California. She lived in San Juan,

extended family still lives. “The biggest adjustment as a first-generation child in this country for me was fitting in with everyone else and assimilating to not only the American lifestyle, but also the small community where I grew up.”

Puerto Rico, for about 10 years, and returns

a Cambridge-based company.”

Austin energy regulatory partner Deanna King’s brother, Mark, lives in the DEMOCRATIC REPUBLIC OF CONGO (formerly the Belgian Congo/Zaire), where he is the provincial coordinator for the New York-based International Refugee Committee. She hopes to travel to RWANDA or UGANDA, the two countries closest to his location, in the spring. “Mark’s chosen career of international service opens a door to me on African

often to visit family and friends. Her Spanish

Gadamis tries to visit family in Libya every two

issues and global efforts there that is hard to

has been useful in her job. Garcia and partner

years. “Libya is a unique mishmash of cultures.

crack given the shallow coverage of Africa in

Jim Kizziar and counsel John Ferguson repre-

It was the only country in NORTH AFRICA colo-

the U.S. media. His daily challenges—in CHAD,

sented two hospitals in Puerto Rico for several

nized by the Italians. It is heavily influenced by

life-threatening attacks and the burden of

years and handled several union campaigns

the Arabs, Italians, Turks and Berbers. This

responsibility for hundreds of thousands of

conducted entirely in Spanish. (See Labor and

makes for a unique blend of physical features,

lives—have challenged me to view world crises

Employment Practice story on page 13.)

cuisine and dialects,” said Gadamis, who speaks

differently and have changed my perspective

Arabic, English, Danish and French.

on poverty, international assistance and my

Born in America, New York assistant Leila

own responsibility to be of service,” she said.

Mansouri has family in IRAN who she visits

New York trial partner Jonathan Halpern said

every two years. While there she enjoys seeing

that as a kid he lived for a year with his family

Washington energy regulatory partner Dan

the historical sites and shopping. She said the

in a French-speaking mountain village of

Watkiss visits his brother in BRUSSELS, BELGIUM

ancient sites there make the country unique,

SWITZERLAND. “I understand and speak (at

twice a year. Always on his to-do list? “Eat

but she misses the days before Iran became an

an intermediate level) conversational French.

chocolate and take the train to PARIS,” he said.

Islamic Republic.

I’ve travelled extensively throughout Europe and some in East Asia. Two years ago, I gave a

Houston assistant Requeta Moroni was born in California, but her parents are originally from the PHILIPPINES. “They loved their homeland—the weather, the fact that their families remained there, the authentic food. But the U.S. offered them a much better life, financially and in other respects,” she said. While her parents are

presentation on money laundering in MACAU to an association of insurance companies. I have a good friend and lawyer from SPAIN who is trying to arrange a conference in Spain for me

Washington Manager of Strategic Communications Jon Wadsworth enjoys visiting his sister in GRANADA, SPAIN, once a year. He says the experience has helped him see the “European perspective.”

to talk about various white collar criminal

Austin assistant Susan Millsapps has visited Israel

topics, including money laundering and the

several times to visit her brother and cousin

Foreign Corrupt Practices Act.”

and their families. She said the experience has

now deceased, Moroni said they taught her “to

taught her that “people are basically the same

appreciate the ground we walk and to recognize

While born in the United States, San Antonio

that people from other countries who can’t

trial associate Jim Perschbach grew up in

speak our language too well should be com-

LONDON and TEL AVIV. “I went to an elemen-

Kazakhstan associate Daniar Bektembaev’s

mended for their efforts to learn English. It is

tary school in Tel Aviv where one class per day

international ties are to the United States,

not an easy second language to learn.”

needed to be in the bomb shelter so that the

where his brother lives in Plainview, New York.

kids would be emotionally prepared for spending

He’s visited the United States three times,

time down there. My class was music and you

where he makes sure he gets in some shopping.

haven’t lived until you’ve heard a third-grade

The most unique thing about America?

rendition of The Beatles’ `Yellow Submarine’

“Its people,” he answered.

Although born in the United States, Mel Luna’s ancestors and grandparents were from BUENA GUATO, MEXICO. “Freedom to think, do and speak,” is the greatest thing about living in the United States, said the San Antonio assistant.

echoing off concrete bomb shelter walls. As for London, I still prefer British food. I don’t get back there much, but my brother still works for

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all over the world.”

Things to Do and See

Across the Globe In Africa: “Go to the African safaris to appreciate nature. Visit the historical places like Zanaibar, Mozambique and, if possible, Kenya, which is more modernized than Tanzania, but has many similar features, like vacation resorts and tours.” Amy Satchu, Houston assistant In Brazil: “Visit Rio de Janeiro and Salvador. Go to a steakhouse (churrascaria) and have a local drink called ‘caipirinah’ made with tropical fruits.” Patricia Toledo, Washington EFIRE associate In Bulgaria: “Travel to the mountains, listen to an original performance of Bulgarian folk music and taste homemade sheep milk yogurt. Nelli Nikova, San Antonio labor associate In Hawaii: “Take scenic routes (guided tours to learn and enjoy the culture), visit the beautiful beaches and take a helicopter ride.” Lei Lasau, Houston IT specialist In Israel: “See all of Jerusalem—each quarter in the Old City has amazing sights. Enjoy a day at the beach in Herzeliya, do a desert tour with stops in Masada, the Dead Sea and Ein Gedi.” Heilla Lain, Austin environmental associate In Jamaica: “First, you must visit the beach. I recommend Negril as one of the best—it’s

Homesick Blues

truly seven miles of powder white sand and clear blue water. You can walk for at least 50 to 70 What do Bracewell staffers miss most about living away from their home countries?

“I miss the season changes. I don’t

mind the cold and I love the snow. I

feet, look down and see your toes. Second, you have to try the cuisine!!! Absolutely delightful.

Third, dance to some reggae or calypso music. C’mon, you have to try something new!” Donna Tomlinson, Houston corporate associate In Libya: “Visit the Roman ruins in Leptis Magna. Tour the Old City of Tripoli. Eat Libyan couscous.”

Feras Gadamsi, Houston EFIRE associate

also miss the openness of the society,”

In Malaysia: “Go shoe shopping. Sample Malay, Chinese and Indian food at the hawker center. Visit the

said Houston environmental associate

Petronas twin towers in Kuala Lumpur.” Grace Pang, Houston database analyst

Francis Chin, who is oiginally from

Jamaica and grew up in Canada.

“Naturally, I miss my family and

friends. I also miss the more relaxed

“Enjoy the diverse cultures of the Malaysian people, the beaches and the good food.” Yen Leong, Houston IT data steward In Mexico: “Visit colonial towns such as Zacatecas, Guanajuato, Oaxaca, Morelia,, Queretaro and downtown Mexico City.” Manuel Vera, Houston foreign legal consultant

approach to life, the sacredness of chilIn New Zealand: “Take a drive through the diverse countryside—mountains and beaches are close together.

dren and the standard 30 days of vacation a year,” said Brazilian and

Try some of the great New Zealand wine and food (seafood, lamb and fish’n’chips!) Golfers should play some of the picturesque courses.” Andrew Lyth, New York IT Specialist

Washington energy regulatory partner Amauri Costa. “Needless to say, I also

In Russia: “Go to the theater, visit the Kremlin and eat.” Anna Rozin, New York summer associate

miss the beautiful beaches in Brazil.”

“The natural beauty and the feeling I

have there of `belonging,’ said Austin environmental associate Heilla Lain,

who is originally from Israel. She also misses the food. “Nothing compares to the falafel stands on the streets of Tel Aviv and nothing compares to anything that comes out of my aunt’s kitchen.

She is a Yemenite-Israeli and her food is SO flavorful and delicious.”

“I miss the fish and chips,” said Houston assistant Kelly Crumbaugh, a native of England. “Most places here serve either French fries or potato chips.

It’s just not the same as getting your food wrapped up in an old newspaper and trying to get the salt and vinegar on the chips at the bottom of the bag.”

Corporate associate Donna Tomlinson may live and work in Houston, but her feet are firmly planted in her native Jamaica, where the crystal blue waters at Negril beach make it easy to see the ocean floor no matter where you’re standing!

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Spotlight on Bracewell’s San Antonio Office

San

Bracewell’s

“We’re always shifting hats. Everyone in the San Antonio office is such a team player and willing to assist in any way they can with a smile on their face.”—Mel Luna “Talk to any judge in San Antonio—federal, state or local—they’ll tell you that some of the finest work they see comes from Bracewell & Giuliani,” said Tullos Wells, Managing Partner of the San Antonio office. It is clear Wells is proud of the 30 lawyers and 35 staff in the San Antonio office.

The office joined Bracewell in 1999 and provides a wide array of legal services, including labor and employment, trial, immigration, and real estate and commercial services for large institutional clients and individual investors.

Additionally, the office is unique in its specialty areas of False Claims Act and Qui Tam litigation and serves as general counsel for several publicly traded companies and privately held companies.

Although its most famous client, the San Antonio Spurs, is located within the city, Wells said that most of the office’s work takes its attorneys around the country. ”This office has been around in various incarnations since 1985. We’ve followed the growth of our clients over the years and have followed them around the country.”

Above: After a day of fun, assistant Annabelle Sifuentes’ son, Eli, takes a rest on the shoulder of his dad, Richard.

Right: Steel Eel fun at SeaWorld.

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Antonio

Office

Trial associate Jim Perschbach agreed.

Trial partner Richard Danysh sees the deep

“We’re in a growth mode right now, along

bond between attorneys and staff. “A good

with the city. The work environment has

number of attorneys and staff have been

become very fast paced, and it is great to see

working together for more than 20 years.”

the work expanding beyond South Texas. Over the past 12 months, my work has taken me to Pennsylvania, Oklahoma, Mississippi, Louisiana (for arguments before the Fifth Circuit) and Illinois. I have gotten involved with some very large False Claims Act and government contracting cases in addition to our more traditional insurance work, and my experience is far from unique.” (see story on page 12) Assistant Mel Luna enjoys the diversity of the work as well. “We’re always shifting hats.

Everyone in the San Antonio office is such a team player and willing to assist in any way they can with a smile on their face.”

“San Antonio has some of the best lawyers around and amazingly, some of the most modest. We boast several nationally recognized lawyers and some of the most widely known clients like Boeing, Anheuser-Busch and the San Antonio Spurs,” Perschbach said.

“One day I’m working on a construction

Concurred Smith, “Everyone knows everyone else. We have watched our families grow up and shared in each other’s happy moments and hard times. Our receptionist, Made Wenske, has been up front for over 20 years. Our clients remark that although the firm name has changed, it’s nice to have the same person greeting them.”

“The San Antonio office is a relaxed and professional working atmosphere where respect and manners are priorities. I’ve worked for other non-Bracewell law firms where screaming down the hall is normal behavior.

Not here,” said paralegal Michelle Blake.

“I absolutely love it here. We are truly a small family. If one person reaches a milestone, we all reach that milestone,” Luna added. “We know we have it good at Bracewell. We have national recognition and a reputation for quality service.

It’s something special,” labor partner James Kizziar added.

defect case; the next day I’m getting a temporary restraining order for an employer; and the day after that, I’m handling an easement dispute.

Because of the variety of work, I am able to work with every lawyer in this office,” trial Mary Ann Hisel, Melissa Robledo and daughter, Ramsey.

partner Annalyn Smith offered.

Bracewell Celebrates Almost 20 Years with SeaWorld When SeaWorld Adventure Parks in San Antonio turns 20 next year, Richard Danysh will be celebrating an anniversary as well: 20 years of representation of the park.

What started as an interview for park work, according to trial partner Danysh, has grown into a large practice area for the firm. “Back before SeaWorld opened, the company interviewed attorneys in San Antonio. I had represented a

Mary Ann Hisel and Natalie Rougeux.

Sandra Ramos White and sons, Jack and Charley.

Dawn, Mark and Tim Bannwolf

Kathy Tower and granddaughters, Lauren and Madeleine, cool off with a cold treat.

client whose daughter went to law school and knew people at the park. She recommended the company interview me.

I got the job and have been representing them ever since.”

Today, Danysh not only represents SeaWorld Texas locations, but provides services for Anheuser-Busch’s other companies, including Busch Entertainment, AnheuserBusch Inc., Anheuser-Busch Companies, Longhorn Glass and other subsidiaries in Texas.

Over the years, Danysh has enjoyed getting to know and work with Anheuser-Busch’s own legal staff. “They are a sharp group of lawyers. Very talented and hard working.

And they’re a fun client.”

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Standing Firm: San Antonio and Washington Team up for Government Contracts Cases When a large U.S. Air Force government

cooperative agreements or other transactions.

contractor found itself knee deep in legal trouble

“Increasingly, contractors are finding themselves

in Texas, Washington trial partner Tony Anikeeff,

the subject of federal investigations and with

who heads the firm’s Government Contracts

charges of wrongdoing, which is how we have

practice, picked up the phone. Whom did he

come to meet a number of our clients,” Anikeeff

call? Bracewell’s sister office in San Antonio.

explained. Anikeeff and Perschbach both noted

“We have a lot of experience handling cases involving the False Claims Act,” related San Antonio trial associate Jim Perschbach. “We can do the investigations, handle the pleas and the

that the firm’s white collar and criminal defense group has been a great help with matters and also allegations of criminal misconduct.

“The stakes are high. When a company is

interviews—basically do the day-to-day litigating

accused of cheating the government, the

work for this client.”

damages can be in the hundreds of millions

And when San Antonio Managing Partner Tullos Wells needed someone with extensive government contracts experience to help with

contracts. This type of work is tremendously challenging and rewarding,” Perschbach said.

“The rise in these cases largely comes from a

industry? He called on Anikeeff, who came to

lack of government oversight due to substantial

the firm in 2000 with 12 years of experience

layoffs in the mid to late 1990s of the government

handling contracts and fraud cases.

staff who provided oversights on government

between San Antonio and D.C. typifies how sister offices should work. Superstars like Tullos, trial partner Richard Danysh and Jim make my life easier,” said Anikeeff.

and is an invaluable resource. Together, we have the opportunity to do what neither one of our offices could do alone,” he said.

he finds it equally rewarding to help avoid those suits in the first place.

“During a five-year period, we defended eight class-action age discrimination hiring claims for Enterprise Rent-A-Car. “During this time period, we also worked with the client to completely restructure its electronic application and hiring process. Since the restructuring was completed, no other class cases have been filed.”

“We have the largest labor and employment practice in San Antonio,” he said. “Many of us have worked together for more than 20 years.”

That longevity carries over into client relationships. “Many of our attorneys had established and maintained client relationships long before the San

or with intended purpose, have gone a lot further

and I have both been providing labor

in their misdeeds or mistakes. When discovered,

and employment services to clients in

they can’t be fixed with just a slap on the wrist.

San Antonio for over 30 years.”

The potential punishments and other consequences

That practice has expanded into a regional and national presence. “Our work carries us across the country,”

He sees, however, the opportunity to educate.

Kizziar explained. “Our regional

”Every year, more and more companies seek to

counsel territory for Enterprise covers

do business with the government. They do so at

10 states, and another long-standing

their peril without proper legal counsel.”

client, Adventist Health System,

Perschbach agreed. “When we get involved

operates in 26 states.”

early on, we can help our clients navigate Anikeeff sees the teaming as a natural fit.

case or other significant proceeding,

Antonio office opened. Tullos Wells

Perschbach is equally complimentary. “Tony

He knows all the players in the government

While labor partner James Kizziar truly enjoys winning a big class-action

contracts. As a result, many contractors innocently,

are much more severe,” Anikeeff offered.

opens doors for us. He has tremendous talent.

San Antonio’s Weighty Labor Practice

of dollars. We’re talking multi-billion-dollar

another government contractor in the security

“The broad bandwidth of work that goes

An Ounce of Prevention

Spotlight on Bracewell’s San Antonio Office

Kizziar’s work has even taken him to

through the changes in the False Claims Act and

Puerto Rico. “John Ferguson, Victoria

“San Antonio is a military town. Many of the

federal acquisition regulations, which govern

Garcia and I worked almost every day

large defense contractors have a presence

government contracting activities. As in so many

for four years keeping a major Puerto

there or nearby.”

other areas, companies are coming to appreciate

Rico hospital union-free. It involved

“We have extensive local contacts,” concurred Perschbach. “We know the U.S. prosecuting attorney, we know the judges, and we know the in-house Air Force attorneys.”

that developing an effective compliance program in this area before trouble arises can be a boon to the bottom line besides being a good line

federal government through contracts, grants,

Labor Relations Board in Puerto Rico and Washington, D.C. “It was a considerable victory since there is a substantial preponderance

Through Bracewell’s Government Contracts

and industries doing business with the

of work on cases before the National

of defense when the government comes a’ calling,” added Anikeeff.

practice, attorneys serve the legal needs of clients

four union elections and a great deal

The practice in Washington, D.C. recently added a new member, counsel Anissa Parekh, who joined Bracewell from the Judge Advocate Generals Corps, where she handled many government contract cases and conduct-

of unionized health care in Puerto Rico. It was a huge team effort.

Victoria grew up in Miami and Puerto Rico, and is fluent in the language and has knowledge of the culture which was very helpful,” he said.

ed civil, fraud and criminal investigations. “Government contracting in Iraq is in chaos and is resulting in scores of various types of enforcement cases in false claims, suspension and disbarment. That work will

“The whole campaign was conducted in Spanish and English, including materials and speeches,” Garcia recalled.

“It was a fun twist on our traditional labor and employment practice.”

come back to the United States in the coming years and will be a growth area. Anissa and veterans Washington Senior Principal Mike

In addition to his work in Puerto Rico, Kizziar spends about 50 percent of his time serving clients in the

Carter and Director of Government Affairs

healthcare industry. “I provide advice

Greg Riels, who have both worked on Capital

and representation for administrative

Hill, have been and will continue to be a great resource as this practice area continues to grow,” Anikeeff concluded.

claims and litigation.

“We’ve not only seen the practice grow geographically, but we’ve grown in the services we provide to clients, including benefits, business counsel

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and litigation,” he said.

Take in the Sounds and Flavors of San Antonio San Antonio is today the eighth-largest city in the United States and carries the sounds and flavors of Native Americans, Old Mexico, Germans, the Wild West, African-Americans and the Deep South. It’s home to the Alamo, with relics and mementos from the Republic of Texas, Natural Bridge Caverns, one of the world’s premier show caverns, and the Riverwalk, with three miles of quaint shops, restaurants and nightclubs along the San Antonio River.

Additionally, the vibrant city is home to Bracewell clients SeaWorld and to the recent NBA basketball champions, the San Antonio Spurs.

Planning a trip to Alamo City? Bracewell attorneys and staff offered a few must-see sites: “Although I’ve seen it time and time again, spend a day and evening along the Riverwalk.

It’s so relaxing, and there are such beautiful eateries along the river. The Majestic Theatre is

A native of Connecticut, Tullos Wells moved to town in 1978 and immediately picked up on the San Antonio vibe. ”This is a very passionate city.

The people who live in this community are very excited about what goes on here—whether it’s cheering on the Spurs or motivating people to save air force bases or build infrastructure. San Antonio is increasingly becoming an important business center. It’s a very easy place to live.”

Concurred partner Jim Kizziar, who made the city his home that same year. ”There is a wonderful sense of history and cultural diversity. I’ve seen San Antonio grow over the years. There are many opportunities for people to participate in public and charitable service and to become a real and important part of the city.”

also a must with good artists, musicals, plays and other entertainment. There’s so many things to do here—golf, theater, fun entertainment and, of course, great Latin American food. Being from Latin America, I love the tastes, music, food and otherwise.”—Mel Luna, assistant, who spends her weekends singing in San Antonio’s clubs and thinks dancing is the ultimate form of exercise.

“Spend the night across the street from our office and wander the Riverwalk and Alamo.

Sample the fine dining and take in all the shopping.”—Michelle Blake, paralegal, who actually enjoys San Antonio’s hot summer weather and can be found fishing, gardening and hunting during her off hours.

“Visit the missions—all of them!”—Victoria Garcia, labor partner.

“Take a 30-minute drive up to Gruene and dine at the Grist Mill, a restaurant with outside tables overlooking the Guadalupe River. Next door is Gruene Hall where Willie Nelson and Lyle Lovett and others play. There’s a general store with great preserves and jellies and an antique store in town. And don’t forget to tube down the Guadalupe River. A city councilman recently pushed through an ordinance which limited the size of coolers you could take with you on your river tube ride—he was just removed from office by a recall election!”— Annalyn Smith, trial partner.

Above: Architectural detail from one of San Antonio’s many missions. Right: San Antonio’s famous Riverwalk. Far right: Delicious regional cuisine—Tex Mex!

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Spotlight on Bracewell’s San Antonio Office

Bracewell Helps San Antonio Secure Water Supply

Doing Business Across Borders Immigration Practice Provides Integrated Solutions San Antonio labor partner Victoria Garcia knows that attracting new businesses across our borders entails relocating foreign employees. “Immigration procedures and issues are constantly changing.

That’s why it’s important to have good legal counsel,” she said.

While practicing in the Labor and Employment Section, Garcia got her start in the immigration field

When San Antonio EFIRE partner Frank Ruttenberg

by securing visas for foreign players and coaches for the San Antonio Spurs and the WNBA Silver Stars.

and counsel Elizabeth Breazeale began developing

But a call from Houston EFIRE partner and head of Bracewell’s Latin America Business practice Jose

new contracts to buy water rights for the San Antonio

Luis Vittor really got the ball rolling on the immigration practice. “Jose Luis was representing Spanish

Water System (SAWS), Breazeale commented that within

companies looking to invest in the United States that needed to transfer top-level managers and

five years, the industry would either have adopted

employees to Texas. I assisted those companies with securing the proper visas and provided them with

their contract forms or they would see these same

advice and counsel on labor and employment issues in the United States,” she related.

forms up on a PowerPoint presentation, circled with the words “Don’t do this.”

In addition to assisting foreign-based companies, Garcia provides advice and counsel to U.S. companies seeking to transfer employees abroad or engage in operations abroad. "It is important that U.S.

It turned out to be the first scenario. “They say plagiarism is the sincerest form of flattery,” joked

companies be able to develop polices and procedures that not only comply with U.S. legislation, but also the legislation of those countries where its employees are based," said Garcia.

Ruttenberg. He explained that the new contracts were developed in response to a major change in the legislation relating to groundwater rights in Edwards Aquifer, where San Antonio draws most of its water.

“In the past, water rights ran with the land. Suddenly,

Today, Garcia spends almost 100 percent of her time on immigration and international labor and employment issues, and has added a new associate, Nelli Nikova, to assist. “One of our key objectives is to provide integrated solutions for our business clients. By merging immigration with labor and employment, we are able to achieve this goal.”

water permits became transferable,” he explained.

SAWS, which provides 80 percent of water service to San Antonio and outlying areas, needed someone who knew how to buy water rights under the new rules.

“No one had done this before. We had to develop the documents to transfer water rights and permits and the contracts to accomplish this.”

Although treading on this new territory was daunting, Ruttenberg found it to be a lot of fun. In addition to buying water rights for Edwards Aquifer, Bracewell assisted the municipality in developing the contracts needed to lease water rights and land to develop

Tullos Wells Scores as General Counsel for World-Champion Spurs

water farms near the Trinity, Carizo/Wilcox and Gulf As general counsel for the San Antonio Spurs, San Antonio

Coast aquifers. “SAWS knows it needs to decrease its

Managing Partner Tullos Wells has added one more to his

dependence on the Edwards Aquifer. With water

collection of three championship rings after the Spurs took

farms, SAWS can draw up water from other aquifers

home the 2007 NBA Championship. “The Spurs are very kind

and transport it via pipeline to San Antonio,”

to me,” said Wells, who has served as general counsel for the

Ruttenberg said. Again, Bracewell’s newly-developed form was adopted in the industry.

According to Ruttenberg, water is becoming an

last 13 years and often sits courtside at many big games.

As general counsel, Wells provides the gamut of legal services. “Everything from soup to nuts,”

increasingly valuable commodity. “We’ve started repre-

he related. From contract negotiations to $100 million refinances to vendor agreements to getting

senting water speculators and have also assisted big

players, coaches and managers out of jury duty and traffic violations, Wells serves as day-

water users like Vulcan Materials and SeaWorld in firm-

to-day counselor to Spurs ownership and management on legal and public issues.

ing up their water rights.” He said he expects water to increase in cost since transportation is so expensive.

“Transportation is the single most significant cost in determining water value,” he said. “When I started working on this project six years ago, the price of water was $600 per acre foot. Today, it’s $5,600 per acre foot.”

In addition to his water permitting work, Ruttenberg

He works with trial associate Eric Barbosa and other lawyers as needed throughout the year. “It might slow down once the season is over, but we stay pretty busy year round.”

Wells noted that a lot of the work he does with the team is on a strategic level. “We’re helping them build a sports and entertainment enterprise in San Antonio. We provided counsel during the development

is in the beginning stages of assisting SAWS with a

of the new AT&T Center and helped in acquiring the WNBA San Antonio

desalinization groundwater project. “SAWS recognized

Silver Stars and the AHL San Antonio Rampage.”

that within the groundwater, there are concentrations of brackish water (salt and brine), which is essentially wasted water. Through this desalinization project, SAWS can take this ‘dead water’ and make it usable.

“There’s nothing more satisfying than helping a community solve one of its most critical problems,” he said.

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Bracewell is one of the few firms in the country with a full-scale sports and entertainment practice. “There are probably only half a dozen firms who have the capacity to do what we do,” Wells said.

“There are only 30 people on the planet who get to do what I do.

It’s one of the best jobs to have,” Wells concluded.

Client Profile

MatlinPatterson Global Advisors At a Glance…

BUSINESS: Global distressed private equity firm HEADQUARTERS: New York with offices in London, Hong Kong and Sao Paulo, Brazil ESTABLISHED: 2002 as independent fund FOUNDERS: David Matlin and Mark Patterson

“These guys have an amazing trading sense. They know where to find opportunities, targeting the upside and mitigating the downside. They do deals that a lot of other people can’t do or simply won’t take the risk to do.”

—Mark Palmer

Bracewell is fortunate to work with many of the nation’s most prominent companies. Among them is MatlinPatterson, who on an annualized basis ranked in the Top 10 of Bracewell clients last year in terms of revenue. New York corporate partner Mark Palmer, who heads the Private Investment Funds practice, is the client relationship manager. Working with Palmer in New York are fellow corporate partners Robb Tretter in mergers and acquisitions and Jon Gill who specializes in distressed investment deals. Inside Bracewell takes a look at this special relationship.

When Palmer, Tretter and Gill made the move

“These guys have an amazing trading sense,”

bit unique. “Varig was in a highly-regulated

Palmer said. “They know where to find opportu-

signature business in Brazil and this deal was

nities, targeting the upside and mitigating the

the first Brazilian restructuring under the

downside. They do deals that a lot of other people

new bankruptcy code,” Palmer said, adding

can’t do or simply won’t take the risk to do.”

that having Bracewell lawyers with Brazilian

In addition to success in telecommunications, MatlinPatterson has turned around distressed

tressed investment world, MatlinPatterson.

Palmer has worked with the firm since 2001, before David Matlin and Mark Patterson left Credit Suisse in 2002.

expertise like Washington, D.C. EFIRE partner Amauri Costa was quite helpful.

companies in industries such as mining, chemicals,

Tretter commented that each MatlinPatterson

aluminum manufacturing, air transportation

deal is unique. “It’s never cookie-cutter. There’s

and energy.

usually a lot more thinking involved when you

Palmer and Gill recently worked with

work with them on a deal,” he said.

MatlinPatterson to acquire a controlling stake

New York trial associate Jeff Wasserman

in Ormet Aluminum. When Ormet realized it

agreed. “MatlinPatterson is always thinking

needed additional liquidity in the face of a

10 steps ahead and they seek advice from us

working capital issue, Palmer and Gill enlisted

to lead them down one path, as well as seven

the help of Houston EFIRE partner Kate Day for

other potential paths,” he said, noting his

her financial expertise.

recent involvement in providing litigation-

to Bracewell in May 2006, they brought with them one of the leading players in the dis-

ASSETS: Two buyout fund strategies, one private equity and one distressed debt hedge fund; in process of raising $4.5+ billion distressed private equity buyout fund.

“MatlinPatterson had an interest in solving the cash flow problem,” Day said. “We talked to Wachovia and they agreed to make additional loans. JP Morgan, on behalf of MatlinPatterson,

oriented advice to the firm. “They have an extraordinary grasp of business concepts and legal issues. Whether it’s negotiation or potential disputes, there is never a dull moment.”

provided a letter of credit to Wachovia to support the additional loans,” she explained.

MatlinPatterson is well known for its take-charge

Although working on inter-creditor issues was not

strategy, taking controlling positions in companies

new to Day, working with a client in the distressed

that are either in bankruptcy, facing debt defaults

investment industry was. “It was a remarkably

or other problems. MatlinPatterson looks for

quick turnaround over a long weekend. They

good companies in lasting industries that may

needed cash, and they needed it right then.”

be in crisis but happen to be out-of-favor.

The firm was one of the largest creditors in the bankruptcy of MCI driving the entire reorganization process with help from Palmer’s team.

Another recent deal involved the buyout of Brazilian airline Varig. While Palmer has handled a couple of international deals for MatlinPatterson in the past, this one was a

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Summmer Associates Gain

Real World Experience Bracewell is hosting 80 summer clerks this year who are bringing a wide range of experience and talents to their jobs. Each May through August, Bracewell invites those law students eager to gain experience at a top law firm, build relationships with practicing attorneys and get to know more about the firm.

There is also an opportunity to have a bit of fun, as well, including retreats, lunches and coffee chats.

This class of summer associates represents a diversity of interests. Among the languages spoken by the 2007 summer clerks are Spanish, French, Hindi, Gujanti and Urdu. The class includes a graduate of a culinary arts school, a fly fishing guide and a Paris bicycle tour guide. Prior jobs held by the group included a certified public accountant, a Federal Bureau of Investigations agent, a cartoonist, a member of the Peace Corp and a military serviceman who had served in Iraq.

The class also has its share of athletic stars, including a major league soccer player, a Houston Astros draftee,

Partner Rudolph Giuliani shares his clerkship and early legal career experience with Houston summer associates.

an invitee to the National Olympic Development Camp in ice hockey and captain of the University of Michigan basketball team.

Some of the summer associates shared their thoughts and impressions of their work experience.

First Impressions First impressions really do matter. Many of the summer associates said that their initial interview had them hooked to work at Bracewell from the start.

Patrick Hanchey, who has been doing trial, bankruptcy and real estate work in Dallas, chose to clerk at Bracewell because of the people he met during the interview process. “Everyone I met seemed to have interests similar to my own, and a large majority of attorneys that I met had similar values and priorities in their lives,” he said.

Fellow Dallas summer associate Jacqueline Garza also chose to clerk at Bracewell because of the people. “When I interviewed, I think I spent at least half of the interview laughing and thought I would really enjoy working with these people.” Her first impression turned out to be true. “I know that sounds cliché, but everyone in the office is great. They are friendly, easy to talk to, fun to hang out with and genuinely seem interested in us,” said Garza, who has done work in the corporate and EFIRE sections.

Law School vs. the Real World Being a summer associate revealed some surprising things about the real world of law.

“Most of the time there is no real answer to the problem you are having,” said Dallas’ Janelle Veno.

“It is really stressful to spend hours researching an issue that seems basic and find that there is absolutely no case law settling it. In law school, when researching /writing projects, there was usually an answer, but not in real life,” she added.

Houston’s Christina Welch said “pretty much everything” was different between the practice of law vs. school.

Most Interesting Cases Welch’s most interesting case this summer was working on an employee severance pay benefits plan that did not meet an intended ERISA definition.

Summer associates Will Ebert, Jeff Jorgenson, Anna Rozin, Jeris Brunette and Alyson Sachs pose at the 77 Street pier ready for their day-long treat that included lunch at the Statue of Liberty and an evening barbecue at the City

Dallas’ Veno, who is working in litigation, said her most interesting case was writing a counterclaim regarding LLCs. “It was really cool to actually do something that would be filed with the court,” she added.

Island, NY home of New York office Managing Partner Dan Connolly.

The most interesting case for Dallas’ Drew Hoffman, who is clerking in litigation and corporate, was a breach of sponsorship contract case against an energy drink manufacturer for long-time client Holigan Racing.

Catherine Clendinning has spent most of her Dallas clerkship on real estate transaction projects. Her most interesting case has been representing a client who owns a manufacturing plant about an hour north of Dallas. “Recently, new construction coupled with heavy rains have created what amounts to a large creek through the corner of his property, compromising the fences, utility poles, utility meters and his plant’s security. It’s an interesting case including issues on water rights, utility liability, and maybe even the Texas Department of Transportation,” she shared.

Some 22 attorneys, summer associates and clients cooked up some fun during a summer associates cooking class at Central Market in San Antonio. Along with hands-on legal experience, Bracewell also provides its summer associates with activities to get to know the firm’s attorneys and each other.

Greatest Learning Experiences Many of the summer associates found that practicing law is dramatically different from law school and that in some areas of the law, they have a bit more to learn. What was their biggest learning experience?

An Insider’s Look at Top Military Base Andrews personnel join (left–right) Aryn Blanton, Jon Wadsworth, Jackie Java, Mike Carter, George

“That I’ve learned very little in law school about the transactional side of the law,” answered Clendinning.

Foote, Scott Segal, James O’Donnell (Jason Hutt’s father in law), summer

“Being a lawyer is nothing like law school! Most of the time there is no answer and nothing even remotely on point, so you have to get creative to find an answer,” Veno said.

Others found the interaction with co-workers to be revealing.

Andrew Cookingham of the Dallas office noted that “working with good people is extremely important, as is having a good assistant.”

Hanchey said he “can look forward to having a job that is intellectually challenging and engaging every single day. Instead of having a job that you simply do from 8 a.m. to 6 p.m. every day, I have the opportunity to invest myself into clients and truly solve problems.”

For Washington, D.C.’s Jes Warren, going to a Senate hearing and advising clients on new environmental regulations were the most interesting parts of his summer clerkship. Her biggest learning experience?

“Not all attorneys are jerks. Life is too short to spend it working with miserable attorneys because there are places like Bracewell with truly friendly people.”

“Deadlines are a lot shorter than in school,” noted Dallas’ Ross Culpepper. “My research skills have definitely improved.”

associates Reena Dutta and Jes Warren, Mason New (Foote’s son in law) and Greg Riels.

Summer associates at the Washington, D.C. office got an insider’s look at one of the nation’s top military bases thanks to a behind-the-scene tour coordinated by Greg Riels, director of Government Affairs.

A former pilot and current reservist in the U.S. Air Force, Riels flies with the executive transport squadron at Andrews Air Force Base in Maryland. In his role as a reservist, he is responsible for transporting military officials and members of Congress around the world from the base.

The visit of the base included a tour of KC-135 aerial refuelling tanker aircraft, where the interns got to lay in the position of the boom operator responsible for refuelling operations. They also visited a Gulfstream 550 business jet flown by Riel’s VR-1 squadron and the D.C. National Guard’s F-16s, which patrol the skies over the nation’s capital and responded following the attacks on September 11, 2001. Lunch followed at the Officer’s Club.

“The visit provided the interns with a look across a broad spectrum of our military operations,” Riels said.

Bracewell Dinner Hosts Nobel Peace Prize Laureate Nobel Peace Prize Laureate Dr. Shirin Ebadi was the guest of honor at a recent dinner hosted in May by Connecticut partner Evan Flaschen. The evening was attended by 35 guests, including Connecticut associates Renee Dailey and Laura Nigro, and held in conjunction with Dr. Ebadi’s commencement address to the University of Connecticut School of Law. Here Dr. Ebadi visits with her Bracewell dinner host, who received his law degree from the university in 1982. The Iranian lawyer and human rights activist was awarded the Nobel Peace Prize in 2003 for her pioneering efforts for democracy and human rights, particularly women’s and children’s rights.

She is the first woman in the history of Iranian justice to have served as a judge.

inside bracewell

Executive Editor: Brenda Cialone Executive Board: Helen Lilienstern, Will Luedke, Jennifer Weston Managing Editor: Toni Brown New York

INSIDE BRACEWELL | SUMMER 2007 | PAGE 16

Connecticut

Texas

Washington, DC

Dubai

Kazakhstan

London