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Khoury Listed In 2007 North Carolina Super Lawyers
Vandeventer Black attorney Daniel D. Khoury has been listed as one of North Carolina’s Super Lawyers 2007 in the area of Real Estate Transactions.

Khoury concentrates his law practice in commercial law, real estate transactions, international business and municipal law. He is a Board-Certified Specialist in Real Estate Law for Business, Commercial, and Industrial Transactions.

He earned a B.S. from the Ohio State University and a J.D. from the Wake Forest University School of Law. He is admitted to practice before the North Carolina Supreme Court, Federal Fourth Circuit Court of Appeals, Federal Eastern District of North Carolina, the Ohio Supreme Court and the United States Supreme Court.

Khoury is also AV rated by Martindale Hubbell Law Directory, which is the highest quality and ethics rating possible for attorneys.

To select those lawyers honored as 2007 North Carolina Super Lawyers, publisher Law & Politics implemented a four-step selection process. This process included mailing 14,000 ballots to North Carolina lawyers and asking for nominations of the best lawyers in the state and conducting an independent candidate search; candidate evaluation; peer evaluation by practice areas and final selection. The final list includes approximately 5% of the total lawyers in North Carolina.

01-31-2007

SARAH D. MIRANDA NAMED TO BOARD OF FAYETTEVILLE AREA HABITAT FOR HUMANITY
The Law Firm of Hutchens, Senter & Britton, P.A., an established foreclosure and civil litigation law firm based in Fayetteville, North Carolina, announced today that Associate Sarah D. Miranda has been named as a board member of the Fayetteville Area Habitat for Humanity.

Habitat for Humanity is an international nonprofit Christian housing ministry that builds and renovates homes for the inadequately sheltered. As a board member of the Fayetteville affiliate, Ms. Miranda has committed to a three-year term with the organization.

“I am honored to be a part of such an esteemed organization,” said Ms. Miranda. “I truly look forward to playing an active role in serving on the Fayetteville Area Habitat for Humanity board, and appreciate the opportunity to be active in a cause that I care about.”

Ms. Miranda received her law degree from Regent University and her undergraduate degree from the University of North Carolina at Chapel Hill. Ms. Miranda was admitted to the North Carolina State Bar in 2000 and to the Virginia State Bar in 1999. She concentrates her practice in the areas of bankruptcy and civil litigation.

01-31-2007

Poyner & Spruill Attorneys Chosen As Super Lawyers
Twenty-six lawyers from Poyner & Spruill LLP were recently selected by their peers for inclusion in Law & Politics ranking of North Carolina “Super Lawyers.” Over one third of Poyner & Spruill’s sixty-eight partners are included in the Super Lawyer list for this year.

The list of 2007 North Carolina Super Lawyers is based on surveys of more than 14,000 active lawyers across the state, and inclusion is thought to be a singular honor.

The 2007 list includes:

Chalk Broughton (Estate Planning & Probate), Craig Dalton (Tax), Hugh Davis (Employee Benefits/ERISA), Tom Davis (Litigation), Bo Dempster (Business, Corporate), David Dreifus (Business Litigation), Glenn Dunn (Environmental), Mark Edwards (Estate Planning/Trusts), Nick Ellis (Business Litigation), Terri Gardner (Bankruptcy & Creditor/Debtor Rights – Top 50 North Carolina Female Lawyers), Chip Gibbons (Tax), Susie Gibbons (Labor & Employment – Top 50 North Carolina Female Lawyers), Cecil Harrison (Labor & Employment – Top 100 Super Lawyers), Keith Johnson (Business Litigation), David Long (Business Litigation – Top 100 Super Lawyers), Louis Meyer (Labor & Employment), Tom Norris (Estate Planning/Trusts), Jim O’Brien (Mergers & Acquisitions), Jerry Parnell (Professional Liability Defense), John Shaw (Construction – Top 100 Super Lawyers), Bill Shenton (Health Care), Eddie Speas (General Litigation), Lee Spinks (Business/Corporate), David Terry (Labor & Employment), Judy Thompson (Bankruptcy – Top 50 North Carolina Female Lawyers), Joe Zeszotarski (White Collar Criminal Defense).

Attorneys Terri Gardner, Susie Gibbons, and Judy Thompson were named among the Top 50 North Carolina Female Lawyers. Attorneys Cecil Harrison, David Long, and John Shaw were all among the state’s Top 100 Super Lawyers.

01-31-2007

Porter Unanimously Re-Elected Firm Chairman
Porter & Hedges announced today that T. William “Bill” Porter has been unanimously re-elected by the partnership to serve as firm chairman for an additional three-year term.

Porter, a seasoned and experienced corporate and securities lawyer, helped found the firm 26 years ago and has overseen its growth into one of the 10 largest firms in Houston and one of the 25 largest firms in Texas. With over 90 lawyers based in Houston, Porter & Hedges continues to set the benchmark for mid-sized firms in providing quality legal representation to both start-ups and established corporations in a multitude of practice areas and industries.

“I am thankful that my partners have shown a great deal of trust in my ability to lead this firm for the foreseeable future,” said Porter. “While we have grown over the years, our goal is to continue to service the legal needs of our clients and enhance our position as a leading Houston law firm.”

Porter has been listed in The Best Lawyers in America, Corporate Section since 1983. He was named one of the top five securities lawyers in the state of Texas by Texas Lawyer in 2002, and as a Super Lawyer in surveys conducted by Texas Monthly since 2003. In 2006, Corporate Counsel named him as “Best Lawyer in Corporate Law” and he has been recognized in numerous other publications for his legal acumen.

In addition to his professional recognition, Porter has demonstrated a profound civic interest in the Houston community including his support of the Alley Theater, Hobby Center for the Performing Arts, Texas Heart Institute having served in numerous leadership roles including chairman of the board, director and trustee among others.

01-31-2007

The Trademark Trial and Appeal Board’s Policy Regarding Citations of Opinions to the Board
The TTAB has issued a December 27, 2006 Notice setting forth a change in its policy regarding citing of decisions in submissions to the Board. The Notice appears in the January 23, 2007 Official Gazette.

The key word in relation to citation of cases is not the word “citable”; rather, it is the word “precedential.” The Board will continue to designate all final decisions as either “precedential” or “not precedential”; and unless an order on a motion is marked “precedential” it should be considered “not precedential.”

Decisions and orders designated “precedential” are binding on the Board. However, a decision designated “not precedential,” and an order either marked “not precedential” or not designated at all, is not binding on the TTAB but may be cited for whatever persuasive value (if any) it may have.

The citations should be to the United States Patent Quarterly when the decision appears therein; otherwise to a USPTO public electronic database. If the case does not appear in either of those sources, then the citing party should attach a copy of the decision to the document/submission in which the case is cited.

Citations to decisions of tribunals other than the TTAB may be cited to the extent allowed by and for the purposes permitted by the issuing tribunal.

What about the pre-2007 cases which were designated by the Board as “Not Citable as Precedent of the TTAB”? Are those decisions “Not Citable” at all or will they be treated by the Board as cases designated as “not precedential” under the new policy? It is my belief that the pre-2007 “Not Citable as Precedent” decisions will be treated in a manner similar to the new “not precedential” decisions; and may be cited for whatever value they may have, provided they are cited in accordance with the guidelines set forth in the Board’s December 27, 2006 Notice.

01-31-2007

MOSSREHAB.COM Ordered Transferred
The hospital and healthcare field are not insulated from cybersquatters using their names and marks for profit.

Albert Einstein Healthcare Network of Philadelphia, Pennsylvania, operates MossRehab, which has been recognized as one of America’s best hospitals for rehabilitation. The MossRehab name and mark has been used for more than a decade. Trading on the recognition of the MossRehab name and mark, Domain Magic, LLC, registered the domain name www.mossrehab.com and used it to receive click-through fees for the links displayed on the website that resolved from the domain name.

A Uniform Dispute Resolution Procedure was instituted on behalf of Albert Einstein Healthcare Network to get the domain name transferred. In a decision dated January 11, 2007, the National Arbitration Forum ruled that the Mossrehab.com domain name should be transferred to Albert Einstein Healthcare Network. Roberta S. Bren and Kyoko Imai of the Oblon, Spivak, McClelland, Maier & Neustadt firm represented Albert Einstein Healthcare Network in the proceeding.

01-31-2007

Partner R. Judson Scaggs Wins Third Place In Fiction Writing Contest
Partner R. Judson Scaggs recently earned 3rd place in the sixth annual fiction writing contest sponsored by the Delaware State Bar Association.

Click here to read RJ's story titled "A Sickness Unto Life" about a lawyer whose life is changed by an encounter with a homeless couple.

01-31-2007

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