Law Firm News

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Law Firm News

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Curtis, Mallet-Prevost, Colt & Mosle, LLP

Curtis Partner Peter M. Wolrich has authored a chapter entitled “ADR Under the ICC ADR Rules” in the publication ADR in Business Practice and Issues Across Countries and Cultures
Curtis partner Peter M. Wolrich has authored a chapter entitled “ADR Under the ICC ADR Rules” in the publication ADR in Business Practice and Issues Across Countries and Cultures (Wolters Kluwer Law & Business, December 2006). The purpose of the book is to look at ADR on its own terms as a way of resolving business disputes, particularly at the international level.

01-30-2007

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Butzel Long

James C. Adams joins Butzel Long
James C. Adams, one of the leading real estate attorneys in Michigan, has joined Butzel Long as a shareholder in the firm's Bloomfield Hills office.

Mr. Adams spent nearly twenty years at the Dykema firm, including as the Managing Director of the Real Estate and Environmental Services Department and Leader of the Real Estate Practice Group. He has most recently been practicing at a Troy-based real estate and business law boutique.

"Jim is one of the most respected leaders in the real estate bar and his experience includes many of the most visible commercial and redevelopment projects in Detroit and Southeast Michigan," said Philip J. Kessler, Chairman of Butzel Long. "There are few lawyers in the Midwest who have the skills and track record that Jim brings to the table. He is a great fit for our firm and for our very active real estate practice."

Butzel Long is recognized for having one of the most dynamic and diverse real estate practices in the state, including a lead role in structuring the $175 million redevelopment of the Book Cadillac project in Downtown Detroit.

Mr. Adams' experience includes representation of developers, lenders, architects, construction contractors and construction managers, public and private corporations, municipalities and public agencies, in connection with all aspects of real estate, including: acquisition; public and private financing; tax incentives and other economic inducements; affordable housing development; condominium structuring and development, land use and zoning; distressed project work-outs; construction of municipal, commercial, and residential projects; selling, leasing, and otherwise disposing of property; and funding, construction, operation, and maintenance of urban transit systems.

He is listed in Best Lawyers in America, Who’s Who in America, Chambers USA, Michigan Super Lawyer and Who's Who In American Law. He is a 1983 Recipient of the Distinguished Service Award from the Detroit Bar Association.

Mr. Adams is a frequent speaker on real property and construction issues. He has published numerous articles including: "Real Estate Trends Reshaping Legal Needs," Michigan Real Estate Journal (May 5, 2004) and "Building Win/Win Business/Government Partnerships" (co-authored with Stewart L. Mandell and Kimberly G. Ross), Michigan Forward (October, 2002).

He is a member of the American Bar Association (Real Property and Probate Section), the State Bar of Michigan (Real Property Law Section), the International Council of Shopping Centers, and the Urban Land Institute. He currently serves on the Board of Trustees for the Washtenaw Land Trust.

Mr. Adams is a graduate of University of Michigan School of Law (J.D., magna cum laude, Order of the Coif, 1974) and Michigan State University (B.A., High Honors, Phi Eta Sigma, Phi Kappa Phi, Honors College, 1971).

01-30-2007

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Brown & Brown

BROWN RUDNICK ADDS REGULATORY AND ECONOMIC LITIGATION TEAM TO WASHINGTON, D.C. OFFICE
Brown Rudnick, a premier international law firm, today announced that the regulatory and economic litigation team of Joy M. Leong and James I. Campbell Jr. has joined the firm’s Washington D.C. office. Ms. Leong and Mr. Campbell share a robust postal service and policy reform practice, and also have significant experience in global logistics & supply chain management, international transportation, telecommunications, and insurance. As partners in the Litigation Department, Ms. Leong and Mr. Campbell will expand the services offered by the firm’s D.C. office, as well as expand its logistics and supply chain practice to the Chinese market. Prior to joining Brown Rudnick, both Ms. Leong and Mr. Campbell practiced at Sidley Austin LLP.

Brown Rudnick opened its Washington D.C. office in April 2004, and since then has built a strong bipartisan government relations practice on Capitol Hill. The addition of Ms. Leong and Mr. Campbell establishes the presence of a senior legal team resident in the D.C. office. Announcing the new appointments today, Brown Rudnick CEO Joseph F. Ryan said, “Adding this top flight legal team to our Washington, D.C. office will allow us to better serve our litigation, regulatory, and international clients. Joy and Jim have broad and deep regulatory experience, as well as a unique skill set in the postal services area. They will be great additions to our D.C. office and to our national and international litigation practices. We welcome them to firm.”

JOY M. LEONG has substantial experience in regulatory and commercial litigation and in contract negotiations with the US government. She handles economic and regulatory litigation relating to postal and delivery services and supply chain matters. Ms. Leong is currently involved in identifying and coordinating legal issues relating to the global supply chain, with a focus on China. She has also written articles on international logistics and supply chain management, international postal reform, Universal Postal Union terminal dues, EU postal liberalization, and privatization of Japan Post.


In the postal industry, Ms. Leong has counseled a wide range of clients on postal reform policies and compliance with postal regulations. She has led negotiations with the US Postal Service for Negotiated Service Agreements and has obtained regulatory approval for the agreements. Ms. Leong has also litigated competition and ratemaking issues relating to regulated monopolies in the postal, delivery, telecommunications, and energy fields, in both the domestic and international arenas. She has represented clients in ratemaking, rulemaking, and complaint proceedings before the Federal Communications Commission, the Postal Regulatory Commission, the Federal Energy Regulatory Commission, and several state public utility commissions. In addition, Ms. Leong has represented clients in federal and state court commercial litigation, including complex insurance coverage and bad faith matters.

JAMES I. CAMPBELL JR. has been legal counsel and policy consultant for national and international express companies and for agencies of United States government, the European Commission, and the government of Jordan. He has participated actively in the development of global express companies, reform of postal and customs laws in the United States and the European Union, initiatives at the Universal Postal Union and World Customs Organization, and deregulation of the US airline system. He has coauthored or consulted on several studies and reports on postal policy prepared for the European Commission and agencies of the US government.

At Brown Rudnick, Ms. Leong and Mr. Campbell join a dynamic team of senior Capitol Hill legislative specialists in the D.C. office led by Doyce A. Boesch, Michael Lewan, Ruth Ravitz Smith, and James J. Bonham. Also, attorney Paul G. Afonso, the former Chairman of the Massachusetts Department of Telecommunication and Energy, divides his time between the Boston and Washington D.C. offices.

01-30-2007

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Bradley Arant Boult Cummings LLP

Seventh Annual Alabama Commercial Real Estate Conference
Bradley Arant Rose & White LLP partner, Meade Whitaker Jr., spoke at the The Alabama Real Estate Research and Education Center's (AREREC) Seventh Annual Alabama Commercial Real Estate Conference on January 25, 2007, at the Bryant Conference Center in Tuscaloosa. Mr. Whitaker focused on the legislative and legal updates. The AREREC is a state of the art, comprehensive research and education facility designed to support Alabama's real estate community and economic development efforts throughout the state of Alabama. For more information on the AREREC.

01-30-2007

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Husch Blackwell Sanders LLP

Can a “Well-Behaved” Licensee Challenge Patent Validity?
A well-behaved patent licensee—not yet in breach of its license agreement—may under certain circumstances file an action challenging the validity of the subject patent, according to a recent U.S. Supreme Court decision. This significant decision reverses federal circuit precedent and long-accepted practice that a licensee must be in breach of its license agreement to sue. In Medimmune, Inc. v. Genetech, Inc., 127 S. Ct. 764 (2007), the Supreme Court held 8-1 that a patent licensee paying royalties under express “protest” met the Constitution’s case-or-controversy requirement in filing a declaratory judgment action seeking to invalidate the subject patent. This holding potentially provides licensees new leverage in infringement disputes and license negotiations.

Medimmune manufactures Synagis®, a popular drug used to prevent respiratory disease. In 1997, Medimmune entered into a patent license agreement with Genetech that covered an existing patent and pending patent application relating to bio-engineered processes in human cells. In 2001, the application matured into the “Cabilly II” patent. Shortly thereafter, Genetech demanded royalty payments under the license for Synagis® sales. Medimmune informed Genetech that it was paying the royalties “under protest and with reservation of all [its] rights.” Medimmune then sued Genetech in federal district court, seeking a declaratory judgment that the license does not cover Synagis® and that the Cabilly II patent is invalid and unenforceable.

Writing for an eight-justice majority, Justice Scalia reasoned that the consequences associated with breaching a patent license—injunctive relief, treble damages and attorney’s fees—subjected Medimmune to coercion sufficient to form an actual case-or-controversy under Article III of the Constitution. The court held that a patent licensee need not risk these damages, by refusing to pay royalties, in order to challenge the license agreement and patent validity.

In so holding, the Supreme Court puts a new card in the hand of patent licensees. A licensee may now control the timing and forum of patent litigation, in that it can spring a declaratory judgment action on its licensor while still enjoying the benefits of the license. Apparently, a clear expression that royalty payments are made under “protest” is the only prerequisite to filing such a suit. Although not decided by the court, a licensor probably does not have a parallel option; if a licensee gives notice that royalties are paid under protest, the licensor faces no comparable economic loss or forced action as a result and thus would not be able to file its own declaratory judgment action against the protesting licensee. Accordingly, Medimmune appears to solely benefit patent licensees, that is, those that pay their royalties.

This change of law could have significant ramifications for both patentees and licensees in their license negotiations and litigation strategies. Please contact us for further information on how the Medimmune decision or other intellectual property issues can affect your business.

01-30-2007

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Court Blocks Israeli Co. From Suing Amgen
Notching a win for Finnegan Henderson client Amgen Inc. in a protracted patent dispute over its arthritis drug Enbrel, the U.S. Court of Appeals for the Federal Circuit ruled on January 29 that Israel Bio-Engineering Project (IBEP) did not have standing to bring a patent infringement suit against Amgen because it could not pin down the sole ownership of the patent. The federal appeals court found that the Israeli company cannot collect royalties on the treatment.

01-30-2007

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Buchanan Ingersoll & Rooney PC

Two Buchanan Ingersoll & Rooney Attorneys Serve As Executives in Residence for MBA Course at Rider University
Buchanan Ingersoll & Rooney shareholders Mary Sue Henifin and Doreen Denega Kornrumpf will serve as Executives in Residence for a business ethics course that is being offered to students enrolled in Rider University's innovative MBA program designed for full time executives. The course is being offered for the first time to the first class of Rider University Executive MBA students. Dr. Ira Sprotzer will teach the course, which is an introduction to identifying, analyzing and resolving ethical dilemmas in business, during the spring 2007 session.

Both located in Buchanan's Princeton office, Henifin is a member of the firm's Litigation Section and Kornrumpf is a member of the firm's Health Care Section. They will provide first-hand guidance and real-life examples to students with respect to topics such as: corporate social responsibility, stakeholder management, government regulation, affirmative action, sexual harassment, religion in the workplace, and ethical issues in marketing, accounting and health care.

01-30-2007

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