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Sughrue Mion PLLC

Community Patent Review Project to Start
The United States Patent and Trademark Office is about to begin its Community Patent Review project, a concept generated by New York Law School Institute for Information Law & Policy. The pilot program will post, for the first time, certain patent applications on the PTO website and invite comments from the public. This is a radical change from the past where patent examiners, for the most part, carried out their search for prior art documents based on their own Patent Office databases and with guidance only from other Patent Office personnel.

Sughrue Mion partner Alan Kasper, who is also the Second Vice President and member of the Board of Directors for the American Intellectual Property Association (AIPLA), is a member of the project’s Advisory Board. Kasper advised that: “The program is designed to give examiners access to a wider spectrum of sources for relevant information and prior art leads, by providing knowledgeable members of the public with an efficient interactive mechanism to submit comments."

The program will initially focus on the computer software design art and involve about 250 applications from volunteer companies that will agree to have their applications reviewed via the Internet. “Starting with the software design arts makes sense as this has historically been an area that patent examiners had more difficulty locating the most relevant and cutting edge prior art in their own search archives,” commented Paul Neils, a partner in Sughrue’s active patent prosecution department.

The Community Patent Review, or peer-to-peer review, enables those working in the fast paced and ever changing software technologies to bring relevant prior art to the attention of the Patent Office examiners. Bringing the knowledge that exists in the community to the attention of the Patent Office will increase the quality of the issued patents, it is believed. “The main problem will be evaluating the source and quality of the information provided by those submitting it from the public at large. The Patent Office expects to include various measures on its website to help gauge the expertise of the source of the prior art and quality of his or her previous contributions,” noted Neils.

Several major corporations that annually account for a significant number of new applications have joined with New York Law School in promoting the project and have volunteered to have some of their patent applications in this art submitted to the Community Review. Among those corporations that have joined in the project are IBM, GE, HP, and Microsoft. “The prospects for this radical change in the examination procedure are exciting, though the results of the pilot program will determine the concept’s ultimate merit,” said Neils. Kasper confirms that the initiative is promising and expects that with the guidance of New York Law School Institute for Information Law & Policy, the active involvement of the officials at the United States Patent and Trademark Office, the cooperation of the major corporations and the input of the Advisory Board, there is a real chance of success. “Clearly,” Kasper said, “the pilot program will provide the opportunity to work out problems and refine the process to allow quality input from the community. The result should be the issuance of higher quality patents.

03-09-2007

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Stroock & Stroock & Lavan, LLP

Stroock Advises JPMorgan Asset Management in Privatization of Toll Road in Texas
Stroock & Stroock & Lavan LLP, a national law firm with offices in New York, Los Angeles and Miami, is representing a private fund advised by JPMorgan Asset Management – Real Estate & Infrastructure in its joint venture with Cintra Concesiones de Infraestructuras de Transporte, S.A., one of the world’s leading private-sector developers of transport infrastructure, to develop Texas State Highway 121 (SH 121) into a toll road in the Dallas-Fort Worth metropolitan area. The privatization proposal made by the Cintra joint venture was selected as the winning bid for the project and approved by the Texas Transportation Commission. The award of the privatization of SH 121 to the Cintra joint venture is one of the largest toll road transactions in the United States.

“We are very pleased to be represented in this important investment by Stroock, our long-term fund and investment counsel,” said Steven Greenspan, JPMorgan Asset Management’s Global Director of Product Development.

The transaction provides for a 50-year concession from the Texas Department of Transportation for which the project joint venture will pay $2.1 billion upfront and annual lease payments totaling $700 million.

“Private investment in infrastructure assets is growing in importance as a means of financing the long-term infrastructure needs of state and local governments, and private investment funds are being created specifically for this purpose,” said Richard Madris, a partner with Stroock’s Private Funds Practice Group. “We are proud to be representing JPMorgan Asset Management on one of the leading toll road transactions in the United States.”

The agreement with the Texas Department of Transportation is a public-private partnership that allows the provider to handle all facets of developing the toll road, including completing construction and operating and maintaining the corridor.

Stroock attorneys that advised on this matter include:
Partners: Jeffrey S. Lowenthal, Richard G. Madris, Jeffrey D. Uffner and Mark S. Wintner.

Associates: Todd Zornik and Adam Scoll.

03-09-2007

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Shapiro Sher Guinot & Sandler

Raising the Bar: "Get LITT: Attend Trial Training Boot Camp"
With the diminishing number of cases going to trial, how can you as a young attorney gain meaningful trial experience and guidance on ethical obligations and responsibilities? As a junior associate you may very well be engaged in exciting cases, but the cases usually settle. If they do go to trial, chances are you won’t be giving the opening statement, examining the witnesses, or making the tough strategic and ethical decisions in the courtroom. More senior colleagues will usually take the reins, leaving associates to learn merely by watching and listening.

Yet watching and listening to your colleagues will only get you so far. To grow as a trial lawyer, you need to feel inspired. You need to observe outstanding attorneys at work, practice trial advocacy yourself, and benefit from peer critiques. If you could combine exposure to inspiring mentors, exemplary demonstrations, and role-play within a short period of time, you would have a recipe for a rewarding educational experience. With this in mind, the ABA Litigation Section Council under the leadership of Kim Askew, Section Chair, has established LITT, the Litigation Institute for Trial Training. LITT offers attorneys an innovative opportunity to gain confidence in the courtroom.

Each year, LITT’s “boot camp” trial training program will give young lawyers from around the country a chance to hone their trial skills in the company of a star-studded faculty of renowned litigators, jurists, and professors. The rigorous curriculum will help you practice elements of the trial, gain hands-on experience, and connect with exemplary courtroom advocates. Condensed into two days, the program has been designed to fit busy lawyers’ schedules, yet is rich enough in content to offer a formative and inspirational experience for attorneys in the early years of their legal careers.

This first LITT program is scheduled for July 12 -13, 2007, at the DePaul University School of Law in Chicago. As the curriculum below indicates, the program is balanced with demonstrations, stimulating lectures and workshops. Imitation is a powerful tool, and if you grew up watching actors play lawyers on television and in movies you need real trial lawyers and judges as role models.

The LITT program will inspire you to reach for the next level of experience in your career as a trial lawyer, help you gain confidence in the arena of the courtroom and enable you to answer important questions about trying real cases. For example, is cross examination all about impeachment? What are the techniques used by some the best trial lawyers in the country in opening statements and closing arguments? Do jury consultants really help? What about mock trials? How do you develop a theme for the case that resonates with the jury? When and how should you use Power Point presentations in the courtroom?

Also, what are some of the ethical problems confronting young trial lawyers? Assume you are at the trial table assisting the partner trying the case, and you both realize that the witness is testifying to materially false information. The partner says: “Let’s let this go or we could lose this case.” Can you rely on the partner’s decision? If you do, you may be in violation of Rule 5.2 of the Rules of Professional Responsibility. This rule governs the responsibility of a subordinate lawyer. If you know that witness is lying, you cannot avoid your responsibility by relying on the partner to take action regarding the testimony.

One of the most valuable aspects of the program will be the chance to become acquainted with esteemed trial attorneys, jurists and scholars from around the country. The faculty of July’s LITT program in Chicago will include Stephen D. Susman of Susman Godfrey in Houston, Judge Marvin E. Aspen of the U.S. District Court for the Northern District of Illinois, national jury consultant Jo Ellen Demetrius, and many other luminaries of the bench and bar.

I’ve provided the program curriculum below. As the attendance will be limited to 40 people, I encourage you to contact me this month (pms@shapirosher.com) if interested in participating.

03-09-2007

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Wolf Block Schorr & Solis

Leading the Exploration on Diversity: WolfBlock Holds Conference To Discuss the Power of Assignment, Inclusion and Mentoring on Minority Associates
WolfBlock will hold "The Power of 3: AIM," a conference devoted to the thorough examination of diversity from the perspective of minority associates in mid-size and large law firms. More than 75 minority associates, all either current or former associates from firms in the Philadelphia, New York, Washington, D.C., Boston and Atlanta regions, will be participating in the conference. All will take place between 8:30 a.m. and 4:30 p.m. at the Philadelphia office of Wolf, Block, Schorr, and Solis-Cohen, LLP.

Led by WolfBlock’s Diversity Initiatives division, the goal of this conference is to collect the experienced-based perspectives of the participants and to develop practical recommendations and strategies for a success matrix for minority associates. While the conference will explore all the various phases in the law firm diversity value chain, such as recruitment, hiring, retention, utilization and promotion, its primary emphasis will be on the critical dimensions of retention: assignments, inclusion and mentoring.

The conference will consist of three sessions. "The Power of 3: AIM" will begin with a roundtable discussion by current and former minority associates in large firms on life as an associate. This session will seek to elicit a candid and open dialogue with associates on their impressions, experiences and expectations while at their law firms.

The second session will include a discussion of future objectives, once the associate has made partner at his or her firm. A panel of junior and senior minority partners from large law firms will highlight topics such as the various types of partners; business development strategies; client origination credit and compensation; allocation and assignment of work; effective mentoring and advocacy; and the perception and reality of partner influence.

The third session discusses the other pathways to success in the field of law beyond a career at a large law firm. During this time, panelists who left large firms to either start their own practice or become in-house counsel or who are involved in the law in a different capacity will speak to the many alternatives and provide recommendations for future success.

"The Power of 3: AIM" conference will present a keynote address from Elizabeth A. Campbell, Esquire, Partner and Chief Diversity Officer at the internationally acclaimed firm of Andrews Kurth, LLP. Prior to joining Andrews Kurth, Ms. Campbell was Counsel and Managing Consultant to the Weinstein Firm, as well as Vice President of Employment Relations and Corporate Diversity Officer for ARAMARK. At ARAMARK, Ms. Campbell developed the Diversity Leadership Council, which resulted in ARAMARK being recognized as one of the top companies for diversity by FORTUNE and Black Enterprise magazines.

03-09-2007

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Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P.

Satmex Deal Wins Latin Finance Deal of the Year Award
The Satélites Mexicanos, SA de CV (Satmex) restructuring, in which WilmerHale represented the ad hoc committee of floating-rate note holders, is the recipient of the Latin Finance Deal of the Year Award for the Best Restructuring Transaction of 2006. Winners of the Deal of the Year Award, presented in several additional categories including Best Asset-backed Bond and Best Project Finance Deal, are described in the publication as being “on top of their game in terms of innovation, execution, market presence and vision.” An accompanying article in the February 2007 issue of Latin Finance describes the Satmex deal as being “worth the wait” of the four years it took to complete.

Additionally, Satmex is one of five restructuring deals short-listed for the International Finance and Law Review’s Restructuring Deal of the Year. Award winners will be announced at a ceremony in New York City on March 22.

03-09-2007

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White & Case, LLP

Largest Utility Buyout Sets New Tone for Private Equity
After a decade marked more by false starts than successes for private equity trying to break into the electric-utility business, the announced $45 billion private equity buyout of TXU Corp. may be the breakthrough development that opens the traditional utility sector to a wave of new capital, management and innovation, according to White & Case partner Earle O'Donnell, the head of the Firm's energy practice.

"The structure of the traditional electric utility industry, with its heavy regulation, relatively protected local markets, and close political relationships at the state level, has tended to reduce financial institution opportunities to own integrated electric utilities," said O'Donnell, a partner in White & Case's Washington office. "But this deal may be a harbinger that the game could change dramatically."

O'Donnell said that the long-term implications of the deal will have the most impact financially. "In an extremely capital-intensive business, the private equity world opens a new well of capital for utilities to modernize and to grow," he said. "This is the most important reason that smart utility managers may be receptive to buyers that the industry may have once resisted."

Additionally, said O'Donnell, "New management ideas may foster a more entrepreneurial, customer-service oriented culture that brings innovation and service enhancement on line faster than in the past."

On the buyer's side, he said, the KKR-led group has shown sophistication and savvy in lining up a coalition of support from local political leaders and environmental groups. "While the outcome of the TXU deal still remains to be seen, the sheer magnitude of the deal suggests that private equity funds will now be a growing factor in the future share and growth of the utility business," O'Donnell said.

White & Case's Energy Group has consistently received numerous accolades. The Group is named as a recommended practice by PLC Which Lawyer and ranked in the first tier by Chambers and Partners in 2006 and 2005. O'Donnell has been ranked in the first tier by Chambers and Partners in the area of electricity for several years, in addition to being selected as one of the ten top attorneys in energy law by Legal Times in 2005 and recognized in Best Lawyers in America 2006.

03-09-2007

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Stoel Rives, LLP

Women Lawyers of Stoel Rives Come Together for Historic Event
Stoel Rives held its first all-women lawyers’ retreat in February, bringing together 77 women from the firm’s offices in Oregon, Washington, California, Idaho and Utah. In keeping with Stoel Rives’ long-standing commitment to diversity, the retreat focused on helping female lawyers at the firm be successful and giving them a sense of the firm’s historical role in promoting female lawyers.

This was the first such event for Stoel Rives. Women lawyers at all levels came together to discuss matters relevant to enhancing their opportunities for career growth and development at the firm. Subjects included strategies for marketing, developing client relationships and developing valuable relationships within the firm. Participants shared their own experiences, learned from others and spent time networking.

“One purpose of the Stoel Rives Women Lawyers Retreat was to give women of different generations, and from different offices, a chance to build connections with each other,” says the firm’s Managing Partner, Beth Ugoretz. “The retreat was also intended to provide substantive information that the participants can use in building their careers and to foster open discussion of women’s perspectives on issues that affect many people in our firm. It was a success on all fronts.”

Attendees also discussed and brainstormed on significant topics such as work-life balance, diversity, mentoring and business development. One of the most popular panels featured female in-house counsel from T-Mobile, Nordstrom, the Port of Portland and NW Natural, who offered insights on key factors in selecting outside counsel, what they expect of outside counsel and how their organizations are addressing the need for diversity in the workplace.

“Balancing personal and professional priorities is an increasingly widespread challenge in our fast-paced world,” notes Stoel Rives partner Joan Snyder, who manages the firm’s reduced-schedule program. “Diverse viewpoints and creative thinking are essential to developing flexible, workable solutions in every walk of life, including the law.”

Stoel Rives partner Pamela Jacklin gave a presentation on the history of female lawyers at Stoel Rives, which stretches back to 1953, when the firm hired its first female associate. At that time, fewer than 25 women were practicing law in Oregon. In 1975 Stoel Rives appointed its first female partner, Velma Jeremiah, also giving her the distinction of being the first female partner at a large Oregon law firm. Today, the firm has 37 female partners and numerous women in leadership positions, including Managing Partner Beth Ugoretz.

The energy and ideas generated during the Women Lawyers Retreat will be channeled into Stoel Rives’ ongoing efforts to create a work environment that helps each lawyer succeed at his or her job on an individual path that benefits both the lawyer and the firm.

03-09-2007

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