Law Firm News

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Law Firm News

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Smith Pachter McWhorter PLC

Four Smith Pachter Attorneys Selected as Best Lawyers in America
Based on confidential peer-review surveys, Val McWhorter, Brian Vella, Mark Hanson and Richard Smith were selected for the 2007 edition of Best Lawyers. The Washington Post Magazine published the Best Lawyers list for Washington, DC October 1, 2006, reaching more than 1.4 million readers. Published since 1983, Best Lawyers in America is a highly regarded reference to the country’s top lawyers and one of the highest professional accolades. We are honored to have three of our attorneys again selected, while Mark Hanson has been selected in the area of Alternative Dispute Resolution for the first time. Those reselected are: Val McWhorter in the areas of Alternative Dispute Resolution and Construction; Brian Vella in Construction; and Richard Smith in Alternative Dispute Resolution.

12-28-2006

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Smith Pachter McWhorter PLC

Public-Private Partnerships and Major Infrastructure Construction
Mark E. Hanson and Dorothy E. Terrell, partners at Smith Pachter McWhorter, will present a program on “Public-Private Partnerships and Major Infrastructure Construction” on Thursday, December 7th, 2006 in San Francisco, California. The program will be part of the 2006 Construction Superconference at the Palace Hotel. Joining Mr. Hanson and Ms. Terrell on the panel will be R. Randall Nye, Senior Vice President and General Counsel of Sundt Construction Inc., and Herbert W. Morgan, Vice President Operations, Infrastrucure for Fluor Enterprises.

12-28-2006

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Shook, Hardy & Bacon, LLP

Muehlberger, Mizell Author Class Action Piece in NLJ
SHB Partner James Muehlberger (KC- Class Action, PMDLD) and Associate Nicholas Mizell (KC-National Product Liability) co-authored "Certification Claims Come Under Tighter Scrutiny” in the December 4 issue of The National Law Journal.

The piece illustrates how deletion of the conditional certification provision from Rule 23(c)(1)(C) of the Federal Rules of Civil Procedure should accelerate the current trend toward critically reviewing and resolving expert opinion disputes at the class certification stage with the application of a full and rigorousDaubert analysis. Jim and Nick use several circuit court decisions to evince their point, including: Heerwagen v. Clear Channel Communications, 435 F.3d 219, 232-33 (2d Cir. 2006); In re Pharmaceutical Industry Average Wholesale Price Litigation (“In re AWP”), 230 F.R.D. 61 (D. Mass. 2005); Gariety v. Grant Thornton L.L.P., 368 F.3d 356 (4th Cir. 2004);and Eisen v. Carlyle & Jacqueline, 417 U.S. 156 (1974).

“As federal courts increasingly demand strict compliance with the Rule 23 prerequisites, class counsel have responded by shifting issues such as the availability of classwide proof of causation into expert reports, and by using Eisen as a shield to prevent judicial scrutiny of such opinions during class certification proceedings,” the co-authors write. “Courts have often rejected this interpretation of Eisen. Shorn of its conditional certification provision, Rule 23 now appears to preclude such a ‘certify now, fully evaluate later’ approach to class certification. Courts therefore would do well to critically review and resolve expert-opinion disputes at the class certification stage with the application of a full and rigorous Daubert analysis.

12-28-2006

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Shook, Hardy & Bacon, LLP

SHB Recognized as One of Three Leading Life Sciences Firms
In its recently released guide, Life Sciences 2006/07, the Practical Law Co. selected Shook, Hardy & Bacon as one of only three “Leading” international product liability firms in the life sciences arena. SHB Partner Harvey Kaplan (KC - PMDLD) was likewise declared a “Leading” life sciences attorney in the product liability category, along with four other U.S. practitioners, while Partner Sarah Croft (London – National Products Liability) was ranked in the top ten of Great Britain attorneys in the same category.

Of Harvey, PLC editors wrote, “A litigator described as the ‘doyen’ of US product liability, with both a national and international reputation.” The publication described Sarah as a “Product liability defence specialist with pan-EU expertise in the pharmaceutical sector.”

The book regularly includes a collection of star international attorneys’ summaries of significant trends in their respective countries pertaining to life sciences law. Harvey authored the book’s U.S. chapter, which provides overviews of regulatory issues and medical advertising and marketing restrictions.

12-28-2006

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SEED Intellectual Property Law Group PLLC

Seed IP creates scholarships to honor founders on firm's 40th anniversary
To celebrate 40 years of success, Seed IP is creating two annual scholarships to honor its founders, Richard W. Seed and Benjamin J. Berry. Seed IP Founders Scholarships will award $10,000 beginning in 2003 to students at the University of Washington and Seattle University Schools of Law. "We think it's very important to train the next generation of intellectual property attorneys so that we can continue to build on the legacy started by Ben Berry and Dick Seed," said Bill Ferron, Seed's Managing Director and CEO. "Only through strong support of higher education will our country continue to be a leader in the world.

12-28-2006

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SEED Intellectual Property Law Group PLLC

Seed IP wins first of its kind victory in Canadian Internet domain name scam
Seed IP, representing Red Robin International, Inc., has blocked an Internet domain name scam in the first case of its kind under new Canadian Internet policies. "Somebody tried to sell our client something very valuable that they already owned," said Kevin Costanza, Seed IP senior attorney who handled the case. "We were the first to use the new Canadian rules to protect our client's trademark, prevent any confusion the bogus domain might have created and to keep others from pulling similar scams."

The case started when a British Columbia man registered the name "redrobin.ca" as a Canadian Internet domain. Red Robin, with 192 restaurants in the U.S. and Canada, sought assistance from Seed IP because of the Seattle firm's expertise in trademark and domain name issues.

In the first decision ever using a new Canadian Internet Registration Authority Dispute Resolution Policy, Red Robin was awarded the improperly registered domain name.

"This was clearly a case of attempting to create an Internet domain virtually identical to a company's registered trademark," Costanza said. "What was especially egregious was trying to then sell the bogus domain name to Red Robin, and threatening to sell it to someone else unless Red Robin agreed."

Queen's Counsel J. E. Redmond, who considered the case for the Canadian Internet Registration Authority, ruled that the domain name was registered in bad faith, that it could be confused with Red Robin's trademark, and should be transferred to Red Robin.

Costanza said this case establishes a good precedent by addressing a burgeoning bad practice - the hijacking of highly valuable registered trademarks by scam artists who demand payment from the trademark holder to prevent their use as bogus internet domain names.

12-28-2006

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Scully Scott Murphy & Presser, PC

Electrical and Computer Engineer Joins Patent Law Firm
Scully, Scott, Murphy & Presser, P.C., a leading Intellectual Property Law firm, has announced that John Vodopia, an Electrical and Computer Engineer, has joined the firm as an Associate. Prior to joining Scully Scott, Vodopia was employed by Philips Electronics.

"We're very pleased that John Vodopia has joined Scully Scott," said Paul Esatto, Senior Partner at Scully, Scott, Murphy & Presser, P.C. "His training and experience in the fields of Electrical and Computer Engineering will enhance our already successful practice in those areas."

Esatto added, "Vodopia is a strong addition to our deep technology team. He'll help us to meet the strong demand for our legal services." Vodopia is experienced in patent litigation, patent licensing, patent portfolio work, and patent appeal work before the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences; with technical expertise in medical imaging systems, picture archiving and communications systems (PACS), computer-aided diagnostic (CADx) systems, complex electronic and Internet- related systems and business methods.

Vodopia received his BSEE in electrical and computer engineering from Polytechnic University and his J.D. degree from the New York Law School.

Vodopia received his BSEE in electrical and computer engineering from Polytechnic University and his J.D. degree from the New York Law School. Vodopia is admitted to the N.Y. and N.J. State Bars, the Eastern District of N.Y., the District Court in Newark, N.J., and the N.Y. State Court of Appeals. He is registered to practice before the U.S. Patent and Trademark Office (USPTO) and is a member of the International Patent Organization (IPO).

12-28-2006

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