Law Firm News

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Law Firm News

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Manatt, Phelps & Phillips, LLP

Richard Costigan Rejoins Manatt
Manatt, Phelps & Phillips, LLP, the national law and consulting firm, announced today that Richard Costigan, former Deputy Chief of Staff and Legislative Affairs Secretary to Gov. Arnold Schwarzenegger, has rejoined the firm's government affairs division as Senior Director of State and Government Affairs. During Costigan's tenure with Gov. Schwarzenegger, he worked on a wide range of policy areas, including infrastructure, healthcare, environment, education and economic issues. Costigan was the Governor's lead liaison with the Legislature and his Chief Advocate. He also oversaw the Governor's Legislative Affairs unit, which has the responsibility for advising the Governor on thousands of legislative issues.

Prior to joining the Schwarzenegger Administration, Costigan held the position of Vice President of Government Relations and Chief Policy Advocate for the California Chamber of Commerce. Immediately prior to that he served as Senior Advisor on policy and legislative issues with Manatt. In addition, he has served as the Chief of Staff for Minority Leader in the State Assembly, overseeing all aspects of the caucus operations, Director of Policy for the Republican caucus and a Principle Consultant to the Budget and Appropriations committees.

"Richard Costigan is just very special. He brings years of experience in public policy to our government practice unit and we're delighted he's rejoining the firm," said George Kieffer, the National Chair of the firm's Government and Regulatory Policy Division.
"Richard is an extremely talented individual who will draw from his extensive background in providing creative solutions for our clients," said Thomas McMorrow, the partner in charge of Manatt's Sacramento, Calif. office.

"Manatt is an incredible firm that truly understands the diverse needs of its clients and the impact that government policy and regulations have on them. Having the opportunity to be associated with a firm such as Manatt, that can provide a full range of advice, from legislative and policy strategy to legal solutions and how these areas interact with each other, is truly an honor," said Costigan.

The announcement regarding Mr. Costigan follows the news last month that State Sen. (ret.) Martha Escutia would be joining Manatt. Ms. Escutia most recently served as Senate Majority Leader and Chair of the Utilities and Commerce Committee. She will focus on energy, telecommunications and health, among other areas.
"I really enjoyed working with Richard during my time in the State Senate and I eagerly welcome him as a colleague," said Ms. Escutia.

Mr. Costigan received his B.A. from the University of Georgia in 1988 and his J.D. from Cumberland School of Law, Samford University, in 1991.

01-18-2007

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Loeb & Loeb, LLP

Legal 500 US Ranks Loeb & Loeb’s Mergers and Acquisitions Practice Among the Best in the U.S.
Legal 500, a law firm referral guide, includes Loeb & Loeb LLP in their inaugural U.S. edition among its list of “top tier” mergers and acquisitions (M&A) practices at U.S.-based law firms. Legal 500 US 2007 Edition results were based on deals and interviews from 2006. The M&A list is included in Volume 1, the Corporate & Finance Edition.

The publication noted the following about Loeb & Loeb’s M&A Practice Group (excerpted):

* Although Loeb & Loeb is most readily identified with its strong media and entertainment practice, the firm has long had an 'impressive' mid-market transactional practice according to clients surveyed. The recent formation of an explicit mergers and acquisitions practice group is indicative of the firm's commitment to the area.

* 18 lawyers at the firm's Los Angeles office focus on M&A transactions in the media and related industries and 18 in New York M&A are serving clients in the financial services, internet, marketing communications and telecommunications industries.

* Loeb & Loeb advises public and private buyers and sellers, with a special concentration in the media, Internet and communications sectors. The firm was noted for advising Bertelsmann in the sale of BMG Music Publishing to Universal Music Group for approximately $2.09 billion (€1.63 billion).

* Chairing the 36-strong M&A practice group from New York is Andrew Ross, a 'tough negotiator' who 'thinks of every single option', according to clients. The team is praised for its 'incredible advice' and 'deep experience', whilst clients value the firm's lawyers for having 'a lot of common sense generally, not just in terms of legal advice.'

* Amongst the firm's 'bright and brilliant' practitioners, clients praise David Schaefer, managing partner of the New York office, and Harold Flegelman, co-chair of the corporate media and entertainment group and based in Los Angeles. Chair of the firm's music practice group John Frankenheimer, based in Los Angeles, is also mentioned for leading the sale of BMG Music Publishing to Universal Music Group.

01-18-2007

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Leonard, Street and Deinard

Patent Licensees Score Victory in Supreme Court
The United States Supreme Court has issued a decision opening a new door for patent licensees who wish to challenge the validity and enforceability of a licensed patent. Until now, to make such a challenge, a patent licensee was generally required to breach the license by stopping the payment of royalties in order to create a genuine controversy with the patent owner, thereby risking liability for not only unpaid royalties, but also attorneys' fees and other damages if the challenge was lost in court. Under the Supreme Court's decision in MedImmune, Inc. v. Genentech, Inc., that has changed. The decision not only affects the ability of existing patent licensees to mount such challenges; it will also affect terms of many future license agreements.

The case arose several years after Genentech and MedImmune had entered into a patent license agreement. The license covered several related technologies, including a then-pending patent application that matured during the term of the license agreement into the "Cabilly II" patent. The Cabilly II patent covered a drug used to prevent respiratory tract disease in young children and sold by MedImmune. When the patent issued, Genentech sent MedImmune a letter stating that the Cabilly II patent covered MedImmune's drug and that MedImmune owed royalties under the license. If it did not pay the royalties, MedImmune risked having the license terminated for breach and then being found guilty of infringement and liability for treble damages and attorneys' fees, as well as the possibility of being ordered to stop selling its drug. That commercial risk was enormous, as the drug accounted for more than 80 % of MedImmune's sales revenue. Instead, MedImmune paid the royalties "under protest" and sued Genentech for "declaratory relief," asking a United States District Court to declare the Cabilly II patent invalid. [An important note: Even if successful in invalidating the Cabilly II patent, MedImmune cannot seek a refund of past royalties paid.]

Following a long line of precedent established by the United States Court of Appeals for the Federal Circuit, the District Court dismissed MedImmune's declaratory judgment claim for lack of subject matter jurisdiction because under existing precedent, a patent licensee in good standing (i.e., one who was paying the required royalties) could not establish an actual "case or controversy" with regard to the patent's validity, enforceability or scope. The rationale was that a licensee in good standing is at no risk to be sued for patent infringement and that therefore there was no genuine dispute for the court to adjudicate. MedImmune appealed, and the Federal Circuit Court of Appeals affirmed the District Court's decision based on its established precedent. On appeal, the United States Supreme Court reversed the Circuit Court's decision and sent the case back to the District Court for further proceedings. The Supreme Court concluded that a controversy between licensor and licensee arose by virtue of Genentech's demand for royalties under the license, which MedImmune did not agree were owed. This was sufficient in the Supreme Court's view to enable MedImmune to challenge the licensed patent even while making the royalty payments under duress.

While patent licensees will celebrate the decision, patent holders are less pleased. Licensees observe that patents are being issued with increasing frequency, and that they need to be able to challenge questionable patents without putting their businesses at risk. The MedImmune decision, they say, will better enable them to protect themselves against being coerced into paying royalties on patents that never should have been issued. Some patent holders have already stated publicly that the MedImmune decision threatens the stability of thousands of existing licenses by permitting licensees to challenge patents while eliminating the risk of being found guilty of infringement.

In addition to the litigation impact with regard to existing licenses, the Supreme Court's decision will likely affect the negotiation of future license agreements. With the MedImmune decision in mind, patent holders will seek to restore some of their former leverage through negotiated license terms that take into account the post-MedImmune landscape.

Patent holders and licensees alike should review their existing license agreements in light of this Supreme Court decision and should keep it in mind when negotiating future patent licenses. Leonard, Street and Deinard's intellectual property attorneys are prepared to help craft strategies to address this change in the licensing landscape.

01-18-2007

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Jones, Skelton & Hochuli, P.L.C.

Uhrman Joins JS&H as an Associate
Jones, Skelton & Hochuli is pleased to announce that Barry H. Uhrman has joined the firm as an associate. Mr. Uhrman will concentrate his practice on employment law and general civil litigation.

Mr. Uhrman received his J.D. from Duke University School of Law in 2000 and his B.A. from Ohio State University in 1997. He is admitted to practice in Arizona, Ohio, the U.S. District Court, Districts of Arizona and Northern Ohio, and the U.S. Court of Appeals, Sixth and Ninth Circuits.

01-18-2007

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Gibson, Dunn & Crutcher, LLP

Stephan Haimo Receives Order of the Legion d'Honneur, France's Highest Distinction
Gibson Dunn partner Stephan Haimo has been appointed as a knight in the Order of the Legion d'Honneur. The Order, conferred by Presidential decree, is France's highest civil and military distinction. Nominated by the French Minister of Foreign Trade, he is receiving the honor in recognition of his 27 years of professional, civil and military service, including his professional achievements as a lawyer, his role in strengthening and promoting strong ties between France and the United States, and his activities on behalf of French companies and non-governmental organizations.

A dual citizen of the United States and France, Stephan Haimo has represented French state-owned companies and many private companies in his corporate law practice. He is active in the French American Foundation, which promotes political and economic ties between the two nations. From 1979 to 1981, he served as a member of the staff of French President Jacques Chirac's political party. While in France, he earned law and doctoral degrees from the University of Paris in 1978 and 1980 and a degree in political science from the Institute of Political Science of Paris in 1977, and he served in the French Navy. He is a member of the Paris Bar.

Stephan Haimo will be presented with the Order at a ceremony in Paris at a date to be announced.

01-18-2007

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Dinsmore & Shohl LLP

38 Dinsmore & Shohl Attorneys Named As Ohio Super Lawyers
Thirty-eight Dinsmore & Shohl LLP attorneys have been named as Ohio Super Lawyers by Law & Politics Media: Gregory P. Adams, Christopher A. Benintendi, Mark C. Bissinger, Thomas S. Calder, Bonnie G. Camden, Harvey J. Cohen, James A. Comodeca, Michael J. Cooney, Deborah DeLong, Michael D. Eagen, William M. Freedman, Michael S. Glassman, K.C. Green, Timothy W. Hagen, Douglas J. Halpert, Michael W. Hawkins, Mary J. Healy, Charles F. Hertlein, Jr., Nicholas C. Hollenkamp, Wayne A. Jenkins, Richard A. Killworth, Holly H. Kozlowski, Rick A. Lavinsky, Nancy A. Lawson, Kim Martin Lewis, Michael A. Manzler, Clifford A. Roe, Jr., Charles M. Roesch, Lynda E. Roesch, Jerry S. Sallee, Joanne M. Schreiner, Vincent B. Stamp, Richard B. Tranter, Mark A. Vander Laan, Joan M. Verchot, George H. Vincent, George B. Wilkinson, and Frank C. Woodside, III.

In its fourth year, Ohio Super Lawyers is published by Law & Politics Media. Surveys were mailed to all members of local and state bar associations asking for peer nominations.

01-18-2007

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Dinsmore & Shohl LLP

Dinsmore & Shohl LLP Announces Seven New Partners
Dinsmore & Shohl LLP is pleased to announce that seven attorneys have been named partner: Robert H. Hoskins, Lira A. Johnson, Timothy Mangan, Christopher L. Muzzo, Michael J. Newman, Geoffrey L. Oberhaus and Allison S. Williams.

Robert H. Hoskins practices in the firm's Litigation department, focusing on Products Liability Law. He is a former member of the Board of Directors for The Literacy Council of Clermont and Brown Counties. He received his J.D. from the University of Dayton School of Law (1997) and his B.A. from Earlham College (1986). Mr. Hoskins practices in the Cincinnati office.

Lira A. Johnson is a member of the firm's Labor & Employment Law department. She received her J.D. from the Indiana University School of Law - Bloomington, while there she was managing editor of the school's Indiana Journal of Global Legal Studies (1993). She received her B.S. from Indiana University (1990). Ms. Johnson practices in the Louisville office.

Timothy Mangan practices in the firm's Litigation department with an emphasis on Commercial Litigation and Appellate Practice. He serves on the board of the Friends of the School of Creative and Performing Arts and the Friendly Sons of St. Patrick Foundation. He received his J.D. cum laude from the University of Minnesota Law School (1995) and his B.A. from Indiana University - Bloomington (1992). Mr. Mangan practices in the Cincinnati office.

Christopher L. Muzzo is a member of the firm's Litigation department practicing in the areas of Commercial Litigation and Products Liability Law. He received his J.D. cum laude from Northwestern University School of Law (1997) and his B.A. from Northwestern University (1994). Mr. Muzzo practices in the Cincinnati office.

Michael J. Newman is a member of the firm's Labor & Employment Law department. Mr. Newman was recognized by the Cincy Business Magazine as a Leading Lawyer in 2005 and 2006. He was elected recently to national office in the Federal Bar Association. He is active in the arts through the Business on Board program, and is Vice Chair of the Friends of the Cincinnati Pops Orchestra. He serves as a Master of The Potter Stewart Inns of Court, and is the national judicial profiles editor of The Federal Lawyer magazine. Mr. Newman has taught as an adjunct professor of law at three law schools. He received his J.D. cum laude from American University, Washington College of Law, (1989) and his B.F.A. from New York University (1982). Mr. Newman practices in the Cincinnati office.

Geoffrey L. Oberhaus practices in the area of Intellectual Property. He has been named to Ohio Super Lawyers - Rising Star by Law & Politics Media (2005 & 2006) and to Who's Who in America 2007 by Marquis Who's Who. He received the 1998 Albert P. Blaustein Memorial Award for legal scholarship. He received his J.D. from Rutgers University School of Law - Camden (1998) and his B.S. cum laude from the University of Detroit (1992). Mr. Oberhaus practices in the Cincinnati office.

Allison S. Williams is a member of the firm's Labor & Employment Law department. Ms. Williams received the Generation Next Award from The State Journal and the Young Lawyer of the Year Award from the West Virginia State Bar. She received her J.D. from Washington and Lee University School of Law (1998) and her B.B.A. summa cum laude from the University of Mississippi (1995). Ms. Williams practices in the Charleston office.

01-18-2007

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