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Missouri Court Rules That Missouri Prevailing Wage Act Penalties Include Unpaid Fringe Benefits And That Each Individual Unpaid Wage Claimant Must Be Timely Made A Party
Forty laborers filed an action for unpaid wages due under the Missouri Prevailing Wage Act as a result of work performed on a prevailing wage prison construction project. Suit was filed against the general contractor and its bonding company to collect for unpaid fringe benefits after some of the checks written by the labor sub-sub-contractor to the labor local for fringe benefits failed to clear the bank due to insufficient funds. At trial 12 laborers sought to be added as additional plaintiffs, claiming that the defendants “consented to having the omitted individuals’ claims tried by the court. The court refused to allow the addition of the 12 omitted laborers as parties, as the three year statute of limitations had expired and no attempt had been made by the plaintiffs to name the omitted 12 as parties prior to the expiration of the statute of limitations. The court also ruled that for purposes of Prevailing Wage Act claims, unpaid fringe benefits are included in the base calculation for the statutory damages doubling penalty under the Act. Bonney, et al., v. Environmental Engineering, Inc., et al., Case No. 27306 (Mo.App. S.D. 2007)

03-31-2007

Obermayer Names New Partner and Associates
Obermayer Rebmann Maxwell & Hippel LLP is pleased to announce that D. Alexander Barnes (Creditors’ Rights, Bankruptcy and Financial Reorganization Department) was named as partner to the firm according to Robert I. Whitelaw, Managing Partner. Whitelaw also announced the addition of the following associates: Matthew A. Green (Litigation Department), Therese D. McGrath (Labor Relations and Employment Law Department), Michael V. Phillips (Litigation Department), Stephanie J. Shapson (Labor Relations and Employment Law Department) and Maribeth C. Wechsler (Business and Finance Department) in the Philadelphia office and Kathleen G. Sheehan (Litigation Department) in the Pittsburgh office.

Barnes concentrates his practice in bankruptcy, reorganization, creditor's rights and commercial litigation. He has extensive experience representing committees of unsecured creditors, Chapter 11 and 7 Trustees, secured creditors and debtors in commercial bankruptcy cases. Barnes also lectures on bankruptcy matters for the Pennsylvania Bar Institute.

Barnes is a member of the bar of the Supreme Court of the Commonwealth of Pennsylvania and the State of New Jersey and is admitted to practice before the Federal Courts for the Eastern, Middle and Western Districts of Pennsylvania, District of New Jersey, Eastern District of Wisconsin, and District of Arizona. He earned his law degree from Case Western Reserve University School of Law (1988) and received his Bachelor of Arts degree from Middlebury College (1985).

Green concentrates his practice in commercial litigation, employment law and consumer fraud. He received his Bachelor of Arts degree from University of Maryland, Honors Program, College Park, Maryland (2000) and his Juris Doctor from Temple University School of Law (2003). While at Temple, he served as a research assistant for Professor James Shellenberger and as a volunteer for the Consumer Bankruptcy Assistance Project. In 1999, he interned for Congressman Joseph Hoeffel in Washington, D.C. Green co-authored the following articles: “Premises Liability,” Pennsylvania Bar Institute (2003, 2005 & 2006); and “Your Law Firm’s Web Site,” Pennsylvania Bar Association (2002).

He is a member of the Philadelphia Bar Association and is admitted to practice in New Jersey and Pennsylvania; before the U.S. District Court for the District of New Jersey and the U.S. District Court for the Eastern District of Pennsylvania.

McGrath earned her Juris Doctor degree from Temple University’s Beasley School of Law (2006), where she was a Law Faculty Scholar. During law school, she worked part-time for Obermayer as a paralegal in the Labor Relations & Employment Law department and prior to joining Obermayer in 2006, was a summer associate at the firm. She received her Bachelor of Arts degree, magna cum laude and Phi Beta Kappa, from Boston College in 2002. She is admitted to practice in Pennsylvania and New Jersey.

Phillips concentrates his practice in the areas of civil litigation, commercial litigation, election law and sports and entertainment law. Additionally, for four summers, he worked for The Sports Corporation, a major professional hockey agency in Edmonton, Alberta, Canada.

He earned his Juris Doctor degree from Villanova University School of Law (2005), where he served as Associate Editor of the Villanova Sports and Entertainment Law Journal. While at Villanova, he was the recipient of the ABA/BNA Award for Excellence in the Field of Intellectual Property Law. He also served as President of the Student Bar Association (2004-2005), Treasurer of the Student Bar Association (2003-2004) and President of the Sports and Entertainment Law Society (2003-2004). Phillips received his Bachelor of Arts degree from Brandeis University (2002), majoring in History and completing the Program in Legal Studies.

He is a member of the Philadelphia, Pennsylvania and American Bar Associations and is admitted to practice in the states of Pennsylvania and New Jersey and the U.S. District Court for the Eastern District of Pennsylvania.

Shapson represents management in a wide variety of employment matters, including federal court, state court and administrative proceedings involving Title VII, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Family and Medical Leave Act, Section 1981, Section 1983 and common law claims involving breach of contract and wrongful discharge.

She received her Bachelor of Arts degree, cum laude, from Franklin & Marshall College (2000) where she was Class President and a member of Black Pyramid Senior Honor Society and Pi Sigma Alpha Political Science Honor Society. She was awarded her Juris Doctor, from Temple University Beasley School of Law (2003) where she was a member of the Moot Court Honor Society. She served as an Editorial Board Member for Temple Political and Civil Rights Law Review.

She was selected as a “Pennsylvania 2006 Rising Star” in the December issue of Philadelphia magazine and the Law and Politics Magazine, Pennsylvania Super Lawyers - “Rising Stars 2006” edition. (Rising Stars are chosen by their peers and through the independent research of Law & Politics as being among the top-up-and-coming lawyers in the Commonwealth. Only 2.5 percent of Pennsylvania attorneys receive this honor each year).

Shapson is a member of the American, Pennsylvania and Philadelphia Bar Associations and is admitted to practice in Pennsylvania, New Jersey, the Eastern District of Pennsylvania and the Third Circuit.

Wechsler concentrates her practice in general corporate, real estate and business & finance. Prior to joining Obermayer in 2006, she was a summer associate at the firm. Wechsler earned her Juris Doctor degree from Temple University (2006). She also served as Research Editor for the Temple Law Review (2005-2006). She received her Bachelor of Science degree in Management Information Systems from Wake Forest University (2002). She is admitted to practice in Pennsylvania and New Jersey.

Sheehan’s areas of concentration include civil and commercial litigation, environmental and transportation law. Prior to joining Obermayer, she was an Associate at Burns, White and Hickton LLC where she practiced in the areas of litigation and transportation law. Prior to that position she was an Associate of the Law Offices of Harry Klodowski, practicing environmental and tax law. While obtaining her Juris Doctor, Sheehan clerked in the Pennsylvania Governor’s Office of General Counsel at the Department of Transportation and the Department of Insurance in Harrisburg, Pennsylvania and the Department of Environmental Protection in Pittsburgh, Pennsylvania. Additionally, she was a law clerk for the Honorable Thomas W. Renwand, Administrative Law Judge for the Pennsylvania Environmental Hearing Board.

Sheehan earned her Juris Doctor from Duquesne University School of Law (2004) and received her Bachelor of Arts degree, magna cum laude, from the University of Pittsburgh at Johnston (2001).

She is a member of the American, Pennsylvania and Allegheny County Bar Associations and is licensed to practice before the Supreme Court of Pennsylvania and the United States District Court for the Western District of Pennsylvania.

Obermayer is a full service regional law firm headquartered in Philadelphia with offices in Harrisburg and Pittsburgh, Pennsylvania, Cherry Hill and Wilmington, Delaware.

03-31-2007

Brian G. Bodine Joins Merchant & Gould, Seattle
Merchant & Gould, an intellectual property law firm, announced that Brian Bodine has joined its Seattle office as a partner. At Merchant & Gould Mr. Bodine will practice intellectual property law with an emphasis on patent, trademark, and trade secret litigation.

"Brian has 14 years of experience litigating mechanical, electrical, biotechnology, chemical and computer software patents as well as trademark infringement and related licensing disputes," said Brett Hertzberg, managing director of Merchant & Gould's Seattle office. "We are excited to have someone with such a distinguished legal career join our team - he is a significant asset for both the firm and our clients." Mr. Bodine is a registered patent attorney who has argued cases before the United States Court of Appeals for the Federal Circuit and the United States Court of Appeals for the Ninth Circuit and has practiced in numerous United States District Courts through out the country. He has also served as a court-appointed expert to address issues relating to claim interpretation, infringement, and validity.

In addition to his private practice, Brian is an adjunct Professor of Law at Seattle University School of Law, where he teaches Patent and Trade Secret Law.

Prior to joining Merchant & Gould, Mr. Bodine was a partner at Davis Wright Tremaine LLP in Seattle. He has a B.S. in Chemical Engineering from Montana State University, and a J.D. from Seattle University.

03-31-2007

Merchant & Gould Coaches University of Minnesota Moot Court Team to Regional Championship
Merchant & Gould, an intellectual property law firm, announced that attorneys Rachel Zimmerman and William Schultz recently coached the University of Minnesota Law School's Intellectual Property Moot Court team to victory. The team took home top honors at the regional competition in Boston and will compete in the national moot court competition in Washington, D.C. April 18-20. This is the fourth consecutive year that Merchant & Gould has coached its team to the national level.

The team, consisting of third-year University of Minnesota law students Michelle Dawson and Seth Skiles, is one of eight teams to advance to the national stage. Ms. Dawson also won the "Best Oralist" award, which is given to the student with the top scores in oral advocacy.

"The team spent hours preparing and perfecting their oral argument skills," said Schultz. "These young individuals have the ability to respond quickly to the judges' questions. They have a commanding presence in the courtroom, and we expect they will perform very well at nationals."

Rachel Zimmerman practices general intellectual property law with an emphasis on patent litigation. Her practice focuses on resolving clients' complex patent and other intellectual property disputes. A former clerk for the Honorable James B. Loken, Chief Judge of the United States Court of Appeals for the Eighth Circuit, Zimmerman also focuses her practice on handling clients' appellate-level disputes.

William Schultz practices general intellectual properly law with an emphasis on trademark and copyright litigation. With a background in Internet technology and web marketing, he focuses on disputes regarding software and web-based applications as well as the trademarks promoting that technology. Schultz was the 2001 American College of Trial Lawyers National Moot Court Competition winner and a two-time finalist in the Association of Trial Lawyers of America mock trial competition.

03-31-2007

Alton Hornsby Rejoins Merchant & Gould's Atlanta Office
Merchant & Gould, an intellectual property law firm, announced that Alton Hornsby has rejoined the firm as Of Counsel in its Atlanta office.

"Alton brings a wide breadth of knowledge around intellectual property issues specifically dealing with electrical, computer arts and mechanical matters," said Alan Gorman, managing partner of Merchant & Gould's Atlanta office. "We are excited to have him back, as Alton is a tremendous asset to us with his client counseling and portfolio management expertise."

Alton 's practice includes patent, trademark, and copyright law, with an emphasis on patent work including patent application preparation and prosecution. He has experience handling a variety of matters including those involving computer software and mechanical devices utilized in the oil and natural gas industry, telecommunications systems, computer networks, power systems, electronics, computer hardware, cable television systems, speech recognition systems, digital video compression systems, and medical devices.

Alton began his intellectual property legal experience as a Patent Examiner with the United States Patent and Trademark Office. He obtained his J.D. from Georgia State University College of Law and holds a degree in electrical engineering from Georgia Institute of Technology.

03-31-2007

Lowenstein Sandler Releases 7th Edition of New Jersey Environmental Law Handbook
Lowenstein Sandler has announced its release of the seventh edition of the New Jersey Environmental Law Handbook, a publication authored by the firm’s Environmental Law practice, in conjunction with the State Environmental Law Handbook Series.

In the wake of a complex and ever-changing web of environmental statutes, regulations and case law, Lowenstein Sandler pioneered the annual guide and has published seven consecutive issues. This edition provides a comprehensive review of the current state of environmental law in New Jersey.

The Lowenstein Sandler Handbook editorial team includes, Norman W. Spindel, Executive Editor; and Michael Dore, Michael David Lichtenstein, Richard F. Ricci, and James Stewart, Contributing Editors.

03-31-2007

Fitzpatrick Ranked Top Patent Firm
Intellectual Property Today's annual TOP PATENT FIRMS Survey, published in March 2007, ranks firms by the number of patents issued. With 1,999 patents issued in 2006, Fitzpatrick was ranked # 6 in the country and first in New York. The list was comprised of 353 law firms.

03-31-2007

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