NOVEMBER NEWSLETTER

FG&I completed a double victory in October in a case that settled the future of more than $6 million in assets held in a trust account. FG&I represented one of the beneficiaries of the trust, and prevented Nord Resources Corporation, the founder of the trust, from obtaining access to the funds for ongoing operations. Both an arbitrator from the American Arbitration Association, and ruling on injunctive relief, Chief Judge Walter H. Rice of the U.S. District Court for the Southern District of Ohio, decided that the funds could not be used by Nord, but instead must be held by the Trustee of the trust for payment to the trust's beneficiaries. FG&I used these twin rulings to obtain a favorable settlement and accelerate payment to the firm's client. FG&I attorneys Mary Wiseman and Andy Gottman handled the case.

Charlie Faruki was invited to be on a panel at each of this area's two Bench/Bar Conferences in October. The Dayton Bar Association's Ninth Annual Bench/Bar Conference was held October 12, 2001. Charlie was a participant on a panel, with Chief Judge Walter H. Rice, and other practicing attorneys, on the subject of "How We Can Serve Our Clients" best in this era. In addition, Charlie organized and moderated a panel discussion at the October 25-26, 2001, Joint Bench/Bar Conference of the United States District Courts for the Northern and Southern Districts of Ohio -- the first time that both Districts in this state have had a joint bench/bar conference. The panel that Charlie organized dealt with the topic, "The Settlement Process: Direct Judge Involvement, Other Judge or Mediation?" and included among its panelists U.S. District Judge David A. Katz of Toledo, and Chief Judge Walter H. Rice of Dayton.

Charlie Faruki was featured as the "Industry Insider" in the October 19, 2001, edition of the Dayton Business Journal. Charlie is a member of the American College of Trial Lawyers and has been practicing in the area of complex business litigation for 27 years. Each week, the Dayton Business Journal features industry insiders from across the business spectrum. FG&I is a frequent contributor to the Dayton Business Journal and is often consulted regarding business litigation issues.

Also featured in the October 19, 2001 edition of the Dayton Business Journal was an article written by FG&I associate Dan Gentry regarding a recent decision by the Ohio Supreme Court in the case of Royster v. Toyota Motor Sales U.S.A., Inc. Royster sheds new light on Ohio's consumer protection statutes and the willingness of the courts to enforce these protections.