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Wiley Rein Partner Henry Rivera Receives “Friend of Spanish Broadcasting” Award
The Independent Spanish Broadcasters Association has honored Wiley Rein partner Henry M. Rivera as a “Friend of Spanish Broadcasting.” The award, presented at the recent National Association of Broadcasters (NAB) conference, recognizes his “important contributions and continued dedication to the broadcasting industry, and in particular, to Spanish language broadcasting.”

Mr. Rivera, a former Commissioner of the Federal Communications Commission (FCC), represents a wide variety of clients before the FCC, Congress, the National Telecommunications and Information Administration and the White House. He was a founding board member of Valor Telecommunications, the first Hispanic-owned telephone company, and is an organizer of NuAmerica Bank (IO), which will focus on serving Washington, DC’s Hispanic Community.

04-20-2007

Townsend Scores Another Victory for Santa Cruz T-Shirt Shops in Trademark Dispute with Huntington Beach Conference and Visitors Bureau Over "Surf City USA" Mark
In a ruling yesterday by the federal district court judge presiding over the trademark case between the Huntington Beach Conference and Visitors Bureau and Noland's on the Wharf and Shoreline Surf Shop - two small Santa Cruz merchants accused of selling t-shirts that infringe the Bureau's alleged trademark rights to "Surf City USA" - the court denied the Bureau's third attempt to move the case to its own home court in Southern California. In denying the Bureau's motion to transfer the action from federal court in San Francisco - where the Bureau claimed it could not receive a fair trial - judge Maxine Chesney ruled that the motion was both procedurally improper and without merit.

The Bureau's "argument that it cannot obtain a fair trial in this District is unpersuasive," wrote judge Chesney in her seven-page order. "Defendant's argument that it would be more convenient for the parties to litigate the matter in [Southern California] is unpersuasive. The need for occasional travel by air from the Huntington Beach area to San Francisco for trial or other proceedings does not constitute the type of inconvenience that would warrant disturbing the plaintiff's choice of forum."

Noland's and Shoreline, represented by Townsend on a pro bono basis, filed suit in October, 2006 after the Bureau repeatedly threatened the merchants with a lawsuit if they did not immediately stop selling t-shirts with the logo "Surf City SANTA CRUZ CALIFORNIA USA." Rather than litigate in Southern California, Noland's and Shoreline filed suit in Northern California seeking a judicial determination that the t-shirts do not infringe the Bureau's alleged trademark and/or that the mark is invalid and unenforceable. Despite numerous attempted registrations of the "Surf City USA" mark with the United States Patent and Trademark Office, the Bureau was unable to obtain trademark rights on the USPTO's Principal Register, which would have validated the Bureau's claim to national trademark rights. Instead, the Bureau's mark has been relegated to the Supplemental Register, which affords it little or no substantive trademark rights. Noland's and Shoreline contend that not only is the mark invalid and unenforceable against them in Northern California, where they first began selling the t-shirts in September, 2005, but that customers who bought the t-shirts in Santa Cruz were not confused into believing that the shirts - which prominently display "SANTA CRUZ CALIFORNIA" on the logo - are in some way affiliated with Huntington Beach, which the Bureau must prove in order to prevail on its trademark infringement claims.

"This is strike three for Huntington Beach," said Ted Herhold, a Townsend partner and surfer himself. "We are glad that the court has once again told Huntington Beach that because it picked the fight in Northern California against two small Northern California surf shops it should be required to see the fight through here," said Herhold.

The case will now proceed in San Francisco before judge Chesney. A trial is not scheduled until early next year. For more information on this dispute and court filings, please refer to our previous press releases:

October 12, 2006: Townsend Files Suit Against Huntington Beach Conference and Visitors Bureau

February 1, 2007: First Court Decision Handed Down In Surf City Trademark Dispute

Townsend teams with businesses, inventors, entrepreneurs, scientists and investors to protect innovative products and ideas. The firm offers a full range of intellectual property services, including patent, copyright and trademark litigation, prosecution and licensing, with additional expertise in antitrust; and other complex business litigation. With offices in, San Diego, San Francisco, Palo Alto, Walnut Creek, Denver, Seattle and Tokyo, Townsend has more than 180 attorneys, many with advanced technical degrees and extensive scientific and business experience.

04-20-2007

David Ivill to Speak at the 43rd Annual Orthopedic Symposium
Mintz Levin attorney, David Ivill, will speak on the basics of Anti-Kickback Law at the 43rd Annual Orthopedic Symposium at St. Luke's Hospital, Houston, TX, April 20-21, 2007.

David is a member in the Health section, practicing in the New York office. His expertise includes the representation of not-for-profit and tax-exempt organizations in numerous types of transactions, and providing counseling to health care institutions on corporate, transactional and regulatory matters. David has particular experience working with federally qualified health centers, and representing hospitals, long term care facilities and other health care facilities. He also has a broad physician-based practice, representing physicians and medical groups in joint ventures and other transactions, as well as fraud and abuse, and other regulatory matters.

04-20-2007

Robert Mintz Analysis on ABC News Online
Robert Mintz's analysis of what's at stake in the controversy over the U.S. Attorney dismissals was published on ABC News Online.

04-20-2007

LAMB APPOINTED TO PALM BEACH CHAMBER OF COMMERCE BOARD
Kevin T. Lamb, a corporate attorney and shareholder at Gunster, Yoakley & Stewart in West Palm Beach, was recently appointed to the Palm Beach Chamber of Commerce Board of Directors. Lamb, a Palm Beach resident, will assist the programming committee to address issues related to the town’s business community and its redevelopment projects.

Lamb concentrates his practice in corporate and commercial law, including creditors’ rights; corporate restructurings; mergers and acquisitions; venture capital; and private equity. He has authored and contributed to a number of articles on these topics, which have appeared in Inc. Magazine, National Law Journal, Japan-based The Nikkei Weekly and The Venture Capital Review, among others. He has also been a guest on CNBC and NPR’s Marketplace with John Dimsdale. Prior to joining Gunster, Yoakley in 2005, Lamb was a partner at the Boston-based law firm, Testa, Hurwitz & Thibeault, LLP, where he served as chair of the Bankruptcy Practice Group.

He is a member of the American Bar Association, Florida Venture Forum, American Bankruptcy Institute and the Commercial Law League of America. He was listed as a 2006 Florida Super Lawyer, and has been listed as one of the Outstanding Lawyers of America since 2002; Who’s Who in America since 2000; and Who’s Who in American Law since 1996. Lamb has been admitted to The Florida Bar, The Supreme Court of the United States, The Commonwealth of Massachusetts Bar, The District of Columbia Bar and the Commonwealth of Virginia Bar.

04-20-2007

Two More Veteran West Michigan Corporate Attorneys Join Barnes & Thornburg LLP's Grand Rapids Office
Barnes & Thornburg LLP has further expanded its merger and acquisition and corporate law practices with the addition of two veteran West Michigan business attorneys in its Grand Rapids office.

Former Miller Johnson partners Robert R. Stead and Jeffrey B. Lawson have joined the firm’s Business Department. Stead led Miller Johnson’s mergers and acquisitions group and was a member of the firm’s management committee. Named a Michigan Super Lawyer for mergers and acquisitions by Law & Politics, Stead focuses his practice on corporate transactions and tax matters. Lawson focuses his work on mergers and acquisitions and business counseling. He also assists clients with the licensing of technology and trade secrets.

“We’ve been fortunate to make multiple new attorney announcements over the past four years, but this one carries a special personal significance for me," said Tracy Larsen, managing partner of the Grand Rapids office and a leader of Barnes & Thornburg’s firm-wide mergers and acquisitions group. "Bob, Jeff and I first worked together when we came to town as law students in 1983, and I have wanted to practice law with them ever since. Their stature in the legal community, as well as their impeccable character, make them great fits with the B&T team.”

“Many things attracted us to B&T, but two really stick out in my mind,” Stead said. “The first is the depth of capabilities that a firm of nearly 475 professionals can provide. The second is the number of talented attorneys who left prominent positions at other firms to make up the Grand Rapids office of B&T. It is a privilege to join such a team.”

Lawson agreed. “The ability to expand the services I can offer clients brought me to Barnes & Thornburg," he said. "Gone are the days that you could answer your clients’ novel legal issues by sending hordes of associates to the library. In today’s fast-paced global economy, clients expect immediate answers from people who have seen the problem before.”

Stead is a member of several legal organizations, including the American Bar Association, where he serves on the Committee on S Corporations and the Committee on Closely-Held Businesses of the Section of Taxation, and the Committee on Negotiated Acquisitions of the Section of Business Law. Stead is a former chair of the State Bar of Michigan’s Taxation Section. He earned a master's degree in taxation from New York University School of Law.

Lawson earned his law degree cum laude from Wayne State University and his undergraduate degree in Business Administration with distinction from the University of Michigan. He currently serves as president and a director of Egypt Valley Country Club.

04-20-2007

Douglas P. Moreau Joins Baker Donelson
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC announces that Douglas P. Moreau has become associated with the Firm as of counsel in its Baton Rouge office.

Judge Moreau has spent most of his career serving the 19th Judicial District of Louisiana in East Baton Rouge Parish, first as an Assistant District Attorney from 1974 to 1978, then as a Judge from 1978 through 1990, and finally as District Attorney since 1991. He will continue in office in addition to his new of counsel relationship with Baker Donelson. Judge Moreau is also an experienced mediator, serving as a panel member with the mediation firm of Perry, Dampf, Watts & Associates.

"Doug's reputation in the Baton Rouge legal community is exceptional, and his experience in mediation and regulatory litigation adds a great deal to the scope of our practice in that office. He is a true Baton Rougean who is involved in a number of activities and well recognized in the community," commented Roy C. Cheatwood, managing shareholder of Baker Donelson's Louisiana offices. "It is the Firm's vision to expand our presence in Baton Rouge, and Doug's addition to the team puts us well on the way towards that goal," stated Ben C. Adams, Chairman and Chief Executive Officer of Baker Donelson.

A graduate of the Louisiana State University Paul M. Hebert Law Center, where he serves as an adjunct faculty member, Judge Moreau has been active in the National District Attorney's Association, serving as vice-president of the board of directors, co-chairman of the Capital City Prosecutors Committee and the Emerging Technologies Committee and a member of the Metropolitan Prosecutors Committee. He has also been involved in the Louisiana District Attorneys Association, having served as President, First Vice-President, and as a member of the Board of Directors. Prior to attending law school, Judge Moreau played collegiate football with Louisiana State University, earning All-American and All-SEC honors, and played professional football with the Miami Dolphins.

04-20-2007

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