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WCM Wins Summary Judgment In Brooklyn, New York
Senior Partner John Mulcahy was awarded summary judgment in a New York County, NY personal injury lawsuit. In the case of Davitt v. The City of New York, et. al., the plaintiff, a pedestrian, fell through plywood planking that covered a sidewalk hole created by ongoing construction work. As a result of the fall, plaintiff suffered significant left knee injuries that required multiple surgeries to treat. Plaintiff alleged that our client, a lumber supplier, had supplied defective plywood that was structurally unstable to the contractors.

At the close of discovery, we moved for summary judgment. We argued that the plaintiff lacked proof that either we supplied the lumber or that the wood was structurally unstable. In opposition, plaintiff argued that a question of fact existed as to whether we supplied quality wood so as to preclude a grant of summary judgment.

The trial court rejected plaintiff’s opposition and granted our motion.

04-17-2007

WCM Wins Summary Judgment In New York County, New York
Senior Partner John Mulcahy was awarded summary judgment in a New York County, NY personal injury lawsuit. In the case of Schindler v. Con. Ed., et. al., the plaintiff tripped and fell while crossing a public street and suffered various injuries as a result. He alleged that our client, a contractor that was hired by the City of New York to replace all pressure fire hydrants, had improperly repaired street cuts it had made to perform its work.

At the close of discovery, we moved for summary judgment. We argued that our client did not work in the area where the plaintiff’s accident occurred. In opposition, plaintiff argued that a question of fact existed as to just where our work occurred so as to preclude a grant of summary judgment.

The trial court rejected plaintiff’s opposition and granted our motion.

04-17-2007

WCM Wins Summary Judgment in Bronx County, New York
Partner Robert J. Cosgrove was awarded summary judgment in a Bronx County, NY personal injury lawsuit. In the case of Ryals v. NYCTA, et. al., the plaintiff slipped and fell while exiting a bus on a snowy winter day. Consequently, she suffered a broken ankle that required numerous surgeries to treat. She alleged that our client, a property owner with a building adjacent to a public bus stop, had improperly maintained the area in which she fell.

At the end of discovery, we moved for summary judgment. We argued that co-defendant NYCTA possessed the sole duty to keep the area around the public bus stop free and clear of snow and ice.

The trial court adopted our reasoning and granted our motion.

04-17-2007

Soulier Registered to Practice Before U.S. PTO
Kathryn D. Soulier, a trial attorney at Varnum, Riddering, Schmidt & Howlett LLP, recently passed the patent bar exam and has received approval from the U.S. Patent and Trademark Office to practice before that agency.

Soulier has been a trial attorney with Varnum since 2004. As a registered patent attorney, she practices in all areas of intellectual property, including patent prosecution, trademarks, copyright, licensing, and litigation.

She received her law degree from the University of Arizona-James E. Rogers College of Law in 2004 where she was on the Dean's List and Business Editor of the Arizona Journal of International and Comparative Law. She received a bachelors degree in Biology from Kalamazoo College where her work included a focus on biology/research.

04-17-2007

McCarter & English Announces Multidisciplinary Climate Change Group: Business Counseling and Legal Advice on New Risks and Opportunities
The law firm of McCarter & English, LLP today announced the formation of its Climate Change and Renewable Energy Group. The team of lawyers from several offices and legal disciplines within the Firm was developed over the past six months to provide business counseling and legal advice to a broad array of industries impacted by risks -- and in some cases opportunities-- associated with climate change.

"We see climate change as not just a stream of new regulation but an economic and social groundswell that will shake up many industries for years to come," said Stephen J. Humes, an energy and environmental law partner in McCarter & English's Hartford office who co-chairs the Climate Change Group. "Like any sea change, this will present many problems, but we also see many opportunities. We intend to give clients a head start on a number of fronts in anticipating and navigating a carbon-constrained world."

"McCarter & English already has a track record in advising multinational clients on climate change and renewable energy issues," said J. Wylie Donald, an insurance coverage and environmental law partner in the Baltimore office who is the Group's other co-chair. "What we've been doing for the last few months is developing a knowledge base and a collective vision of where this is all going that will be as valuable to top management as to general counsel."

Other key members of the Climate Change Group include former Ambassador to Canada and Governor of Massachusetts Paul Cellucci, a member of McCarter & English's Public Strategy Group; construction partner Mary Jane Augustine; tax partner Thomas G. Collins; and environmental partner Leigh A. Gilligan.

The aspects of climate change to be addressed by the Group range from such immediate concerns as energy-related regulatory compliance, financial disclosure and tax strategies to longer-term concerns like determining corporate carbon footprints and evaluating business risks, anticipating insurance coverage issues, preparing for emissions trading, managing "green building" construction, and participating in the public policy formation process.

04-17-2007

Robert Borton Receives ABA 2007 Pro Bono Award
Robert E. Borton, a shareholder at Heller Ehrman LLP who is based in the firm’s San Francisco office, has been selected as one of three attorneys in the U.S. to receive the 2007 Pro Bono Publico Award from the American Bar Association (ABA).

The Pro Bono Publico Award, presented by the ABA’s Standing Committee on Pro Bono and Public Service, honors individual lawyers, law firms, government attorney offices, corporate law departments and other institutions in the legal profession that have enhanced the human dignity of others by improving or delivering volunteer legal services to our nation’s poor and disadvantaged.

Borton is the past chair of Heller Ehrman’s firmwide Pro Bono Committee and a member of the San Francisco Lawyers’ Committee for Civil Rights. He serves on the Board of the San Francisco Legal Aid Society and he is a past member of the Board of the Bar Association of San Francisco, and of Legal Services for Prisoners with Children. As a member of the firm’s Litigation Department, he has represented commercial banks and other major corporations in complex litigation, including class actions involving bank service charges, consumer services, consumer products advertising, and price/contract unconscionability. He has tried numerous jury and court cases, in both state and federal court, including cases involving commercial real estate sale and broker disputes, construction defects, banking practices and retail operations, negotiable instruments, and civil rights claims.

In addition to his pro bono work and practice, Borton has mentored associates throughout his career, both through the firm’s pro bono practice and as the shareholder responsible for training of litigation associates at the firm. He has supervised young lawyers in hundreds of cases, including over 500 cases through the Lawyers Committee for Civil Rights. For many years, he has opened Heller Ehrman's litigation and trial advocacy training programs to young legal services lawyers practicing in the San Francisco Bay Area. He is a long-time adjunct faculty member at the Boalt Hall School of Law at the University of California.

Borton has won a number of pro bono awards, including the State Bar President’s Pro Bono Service Award (1987), the Lawyers Committee for Civil Rights Robert Sproul Pro Bono Award (1990), The San Francisco Bar Association Award of Merit (1992), the San Francisco Legal Aid Society’s Roll Call for Justice Award (2002), the Opening Doors to Justice Award from the Public Interest Clearinghouse (2004) and the Immigrant Legal Resource Center’s Phillip Burton Civil Rights Lawyering Award (2006). He was recognized by the San Francisco Bar Association as an Outstanding Volunteer in Public Service in 1997, 2002, 2004 and 2006. In 1997, he was the recipient of the Richard E. Guggenhime Award (Heller Ehrman’s award for Pro Bono service to the community).

Since Heller Ehrman's founding in 1890, the firm has been committed to providing legal services to the disadvantaged and communities in need. Heller Ehrman LLP was recently named as one of four firms in the U.S. to receive the National Law Journal’s 2006 Pro Bono award.

04-17-2007

Trial Attorney Kenneth M. Argentieri Joins Duane Morris in Pittsburgh
Duane Morris LLP is pleased to welcome Kenneth M. Argentieri, formerly of K&L Gates, as a partner in its Pittsburgh office. Ken joins the firm's Trial Practice Group.

Ken practices in the area of civil litigation, representing individual and corporate clients in both trial and appellate matters in such areas as product liability, defamation, toxic tort, environmental, securities, class action and commercial law. He has handled cases in numerous federal and state courts.

He is a member of the Academy of Trial Lawyers of Allegheny County, the American, Pennsylvania and Allegheny County bar associations, and the Product Liability Advisory Council. He is a member of the Allegheny County Bar Association's Board of Governors. Ken has received the Allegheny County Bar Association's Special Project Award for his work on the Inside Your Courts Program and the Public Service Committee's Pro Bono Special Achievement Award.

Ken is a frequent presenter at CLE programs on topics related to litigation and trial strategies. He is a past president of Neighborhood Legal Services Association, a private non-profit Pennsylvania corporation that provides legal assistance to the poor in the Pittsburgh area.

He earned his J.D. from Harvard Law School in 1981 and his A.B., cum laude, from Harvard University in 1977.

04-17-2007

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