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JS&H Welcomes Two Associates
Jones, Skelton & Hochuli, P.L.C. is pleased to announce that Erin Byrnes and Jay Adleman have recently joined the firm.

Ms. Byrnes concentrates her practice on governmental liability, employment law and Indian law. She received her law degree from the University of Arizona in 1999 and is admitted to practice in Arizona, Oklahoma and the Navajo, Hopi, and Gila River Tribal Courts. Ms. Byrnes has special expertise and experience in Indian law. She has assisted tribes in drafting and revising tribal codes, has represented numerous grant/contract schools in a variety of different Indian communities, and has represented clients before a number of tribal courts.

Mr. Adleman concentrates his practice on general civil litigation and criminal law. He received his law degree from the University of Arizona College of Law in 1998 and is admitted to practice in Arizona.

12-22-2006

HOWREY NAMES NEW PARTNERS AND COUNSEL
Howrey LLP has announced that eight senior associates have been elected to the partnership effective January 1, 2007. The new partners are: Stephen Mavroghenis (Brussels), Connie Ramos (San Francisco), Mike Resch (Los Angeles), Mark Klapow, Fiona Philip, Lara Degenhart and Nancy Lapidus (D.C.); Wilbert Derks (Amsterdam) will be promoted to Patent Attorney Partner, a position equivalent to a firm partner; Vanessa Forsythe and Jay Guiliano (DC) will be promoted to Counsel.
“These are exceptional, extremely capable lawyers and we are delighted to invite them to the partnership,” said Robert F. Ruyak, Chairman and CEO of Howrey.

Associates were selected from each of the firm’s core practice areas – Antitrust, Global Litigation, and Intellectual Property.

The new partners include:

Stephen Mavroghenis (Antitrust) has advised clients on all major aspects of European and UK competition, antitrust, trade and regulatory law. His practice covers the full range of EU and UK competition work, including both mergers and contentious matters. He also advises on sectoral regulatory issues. Mr. Mavroghenis has dealt with obtaining regulatory approval from the European Commission, the Office of Fair Trading and the Competition Commission for numerous mergers and acquisitions. He is a graduate from University College London and a member of both the England and Wales and Brussels Bars.

Constance Ramos, Ph.D (Intellectual Property) Dr. Ramos is an intellectual property litigator, specializing in patent litigation. The breadth of her experience covers patent, copyright, trademark and trade secrets litigation, patent interferences, patent and trademark prosecution, intellectual property diligence in the context of mergers and acquisitions, general IP counseling, products liability litigation, and class actions. She graduated from UC Berkeley, School of Law (Boalt Hall) in 1999, has a Ph.D. in Biophysics and an A.B. in Physics and Computer Science. She is also registered with the USPTO.

Michael L. Resch (Commercial Trial) practice focuses on complex civil litigation and white collar criminal defense, especially matters involving accounting, financial, and damages issues. He has experience in a wide range of litigation matters, including jury trials, appellate arguments, taking and defending expert depositions and drafting pleadings, drafting and opposing writ petitions, written discovery, summary judgment briefs and appellate briefs. He also has experience representing clients being investigated by the Federal Bureau of Investigation, the Securities and Exchange Commission and the Department of Justice. He is a graduate of Washington & Lee University, J.D., cum laude, 1999; Pepperdine University, B.A., magna cum laude, 1996 and University of San Diego International Institute of Law, Florence Program

Mark Andrew Klapow (Commercial Trial) specializes in complex civil litigation involving antitrust, business torts, contracts, fraud, environmental, patents, trademarks, and other commercial issues on behalf of Fortune 500 companies. He has represented clients in the automotive, construction, and heavy equipment industries in federal and state court, and before agencies and other administrative bodies. Mr. Klapow has also provided antitrust, environmental, and other counseling. He is a graduate of Syracuse University, J.D., cum laude, 1999 and Washington University in St. Louis, B.A., 1996.

Fiona A. Philip (Global Litigation) represents corporations and their officers, directors and employees in the Securities and Exchange Commission and other law enforcement investigations. She also assists management and boards of directors with internal investigations regarding allegations of accounting irregularities, insider trading, etc. Ms. Philip advises public companies, exchanges, and financial services firms with Sarbanes Oxley counseling and remedial measures related to securities laws issues. Fiona received her J.D. from Georgetown University Law School in 1999 and a B.A. in 1995.

Lara Degenhart (Global Litigation) has primarily focused on representing policyholders in insurance coverage disputes involving environmental remediation. She has also worked extensively on cases involving the health care industry. She is a graduate of University of South Carolina, J.D., 1992 and Southwestern University, B.S.S.S., cum laude, 1989.

Nancy Lapidus (Intellectual Property) practice concentrates on trademark and domain name counseling, prosecution and enforcement in domestic and international arenas. She also is involved in transactional and litigation matters, including proceedings before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and works with the U.S. Customs Office with respect to the seizure of counterfeit goods. Nancy is a graduate of George Washington University, Order of the Coif, 1995 and Washington University, B.A., magna cum laude, Phi Beta Kappa, 1992.

Wilbert Derks, Ph.D (Intellectual Property) is a physical chemist and a Dutch and European Patent attorney. As an in-house patent attorney for DSM N.V., he has 10 years’ experience in all aspects of intellectual property. This includes patent preparation and prosecution work, oppositions and appeals before the European Patent Office, advising on management of intellectual property in the business, strategic portfolio management, freedom-of-action and IP contract issues. Moreover, Wilbert has experience in the management of multinational litigation in various countries including Japan, the United States, Canada and various European countries and in litigation settlement negotiations. Wilbert is a graduate of Technical University of Eindhover, the Netherlands, Ph.D., 1987 and; University of Nijmegen, the Netherlands, M.S., cum laude, 1986

Vanessa H. Forsythe (Antitrust, Global Litigation) practice focuses on antitrust litigation and other commercial matters in federal and state court at the trial and appellate levels. She has represented clients in complex private antitrust and multi-district class action matters, including defending corporate clients against claims brought under the Sherman Act, and in commercial contract disputes, patent infringement suits, and trade secret and restrictive covenant litigation. Ms. Forsythe has served clients in a broad range of industries, including manufacturing, telecommunications, household care products, computers and computer software, and internet services. Vanessa received her J.D. from the University of Virginia, 1995 and her B.A. in 1992.

Jay Guiliano (Intellectual Property) specializes in patent litigation involving software systems or mechanical devices. Jay has several years of experience litigating patent disputes for some of the nation’s largest and most respected companies. As a result of these and other matters, he has been involved in all aspects of litigation, including the drafting of briefs, Markman filings, and other court filings, the preparation and defense of fact deponents, the selection and preparation of testifying technical experts, as well as depositions and court appearances. As a result of his litigation experience, Jay Guiliano has been involved in matters covering some of the world's most valuable consumer oriented technology. This technology has included cellular telephony, call-processing systems, gaming devices, digital audio (MP3), video displays, wide area digital network protocols (nodal approach), and Internet and electronic commerce. Jay earned his Bachelor of Science degree in Mechanical Engineering from Bucknell University and his law degree from Syracuse University College of Law.

12-22-2006

Flash: Quebec's Early Christmas Present to Consumers
Just before the end of the Christmas shopping season, Quebec's National Assembly amended the Consumer Protection Act (the "CPA") in two very significant ways.
First, the legislature has prohibited any stipulation in a consumer contract: (i) that requires a consumer to refer a dispute which arises under the contract to arbitration, (ii) that restricts a consumer's right to proceed before a court (in particular by prohibiting a consumer from bringing a class action), or (iii) that deprives a consumer of his/her right to be a member of a group on behalf of whom a class action has been launched. In other words, mandatory arbitration clauses are prohibited in consumer contracts that fall under the scope of the CPA and Quebec consumers cannot be deprived of the right to launch class actions.
Second, new provisions have been enacted pertaining to ''distance contract'', that is, contracts entered into where the merchant and the consumer are not together in the same place, such as over the Internet, by telephone, by catalogue, etc. In order for a distance contract to be valid, it must contain certain information, such as a detailed description of goods or services that are the object of the contract, including characteristics and technical specifications, and a description of any possible additional charges payable to a third party, such as customs duties and brokerage fees. A consumer may cancel the contract and demand a refund within seven days after receiving a copy of the contract if the merchant (i) did not disclose the required information before the contract was entered into, (ii) did not provide the consumer with an express opportunity, before the contact was entered into, to accept or decline the proposal or to correct any error, or (iii) did not send a copy of the contract in a manner that ensures that the consumer may easily retain it and print it. Furthermore, in the event that the merchant defaults on its obligation to make a refund and provided that the consumer has paid by credit card, the consumer may request the card issuer to charge back all amounts paid under the contract and refund the consumer.
If you would like additional information about this topic, please contact Justin Vineberg (514) 841-6533 or Monika Jedrzejowska (514) 841-6517 in our Montréal office .

12-22-2006

Two Robinson & Cole Lawyers Judge at Yale Invitational Mock Trial Tournament
R&C Trial & Appellate Group lawyers Meghana D. Shah and Adam T. Boston both participated, as judges, in the 2006 Yale Invitational Mock Trial Tournament. As judges they were responsible for scoring the competition, making evidentiary rulings and providing constructive criticism of the participants. This tournament is an annual event, and has grown to become the largest undergraduate mock trial competition – invitational, regional, and national – in the country.

12-22-2006

Paul, Weiss Deal With KPS Special Situations Funds Featured on Front Page of the The Wall Street Journal
The front page of the December 21 Wall Street Journal featured an article about our client, KPS Special Situations Funds and its investment in Jernberg Industries, an auto-parts manufacturer to Detroit's Big Three auto makers. The article notes that the auto-parts industry provides many challenges for private equity firms, including reaching agreements with unions, which represent the workers, and navigating the sometimes shaky auto industry, a sector is that largely dependent on the health of its three major customers -- Ford Motor Co., General Motors Corp. and DaimlerChrysler Corp. The article notes that the payout could be big for private equity firms. Paul, Weiss served as counsel to KPS when it bought Jernberg's assets out of federal bankruptcy court in January 2005. The principal lawyers on the deal included corporate lawyers Carl Reisner and Nick Smolansky; bankruptcy lawyers Doug Davis and Elizabeth McColm; tax lawyer Richard Bronstein; and employee benefits lawyer Rob Fleder.

12-22-2006

Pittsburgh Labor Attorney Tuite Quoted in Today's Attorney on Program that Assists Seniors
Labor and Employment attorney Jaime S. Tuite was quoted in the December 2006 issue of Today's Attorney in an article about a program that assists senior citizens.

Tuite, an associate in the Pittsbugh office of Buchanan Ingersoll & Rooney, was coordinator of the VIP ("Very Important Papers") program in 2005 and 2006.

The VIP program, established in the early 1990s by the Allegheny County Bar Association's Young Lawyers Division, offers presentations to senior citizens concerning issues such as health care, estate planning and creating a living will. The program comprises 15 volunteers who travel to senior centers, nursing homes and other foundations to hold discussions and question and answer sessions.

"There is a real need to share information concerning living wills, health care powers of attorney, family matters and fraud," Tuite told Today's Attorney. "We have had many requests for presentations from different senior centers, nursing homes, foundations and groups like the Plum Borough AAEP. The … excellent written materials, the knowledgeable and gracious volunteers and the relevance of the topics are what make the program a success."

Volunteers are provided with written materials to review and attend training sessions with lawyers experienced in providing presentations," she added. "During the training, volunteers learn the general script to follow when speaking with seniors on various topics, become familiar with the type of questions that are generally asked and learn about the logistics of the program.

12-22-2006

Senator David J. “Chip” Brightbill Joins Stevens & Lee
Stevens & Lee announced today that former Pennsylvania Senate Majority Leader David J. Brightbill has joined the firm.
Senator Brightbill represented the 48th Senatorial District, which includes Lebanon County and portions of Berks, Chester, Dauphin and Lancaster Counties, for 24 years.

“Chip Brightbill combines the skills of a lawyer with those of an experienced legislator who understands economic development, which is a unique fit for both he and our Stevens & Lee and Griffin platform,” said Joseph M. Harenza, Chairman, President, CEO of Stevens & Lee.

“His understanding of the needs of Pennsylvania businesses and the ways that state government can assist in meeting them will help us better assist our Pennsylvania clients in finding new ways to meet challenges and capture opportunities,” said Samuel A. McCullough, President and CEO of Griffin Holdings Group LLC and former Secretary of Community and Economic Development during the Gov. Ridge Administration.

Senator Brightbill served the 48th Senatorial District since 1982. Elected by his caucus to the position of Majority Leader in 2000, he is the former Majority Whip and a former member of the Senate Appropriations Committee. He is also the former chairman of the Senate Rules and Executive Nominations Committee and the Senate’s Environmental Resources and Energy Committee.

Senator Brightbill’s background includes significant legislative accomplishments, such as:

Act 46 of 2005, establishing Dual Enrollment across Pennsylvania. This law helps students earn college credit before graduating from high school by establishing partnerships between high schools and local colleges and universities. $5 million was included in the budget to begin Pennsylvania's dual enrollment program.

Act 23 of 2004, the Infrastructure and Facilities Improvement Program. A strong economic development tool, similar to tax increment financing, which helps draw thousands of new jobs to Pennsylvania. This program is credited with bringing more than 4,000 jobs to our state.

Act 2 of 1995, Senate Bill 1. Facilitates the reuse of abandoned industrial sites. Since the inception of this "brownfields" program, more than 1,000 sites have been cleaned up across the Commonwealth. Under previous programs, only 10 sites were cleaned up in 16 years. Senator Brightbill's law won the prestigious Innovations in Government Award from the Ford Foundation and Harvard University, and was honored as a national model by the Council of State Governments. In 2001, President Bush visited Pennsylvania to sign a national brownfields law and congratulate Senator Brightbill on his efforts.

Act 13 of 2002, Medical Malpractice Reform. This law, passed after three months of intense negotiations led by Senator Brightbill, is designed to provide relief from the high malpractice premiums that were targeted as the cause for some doctors leaving Pennsylvania. He received the Pennsylvania Medical Society Leadership Recognition Award and the Hospital Association of Pennsylvania Board of Directors award for his work in this area.

Act 21 of 2003, Senate Bill 521. Established a procedure to help ensure that serious juvenile sex offenders are not released while they remain a danger to the community. This law authorizes county solicitors to seek an involuntary commitment of a sexually violent young adult who is "aging out" of the juvenile justice system.

Act 62 of 1987, Senate Bill 805. Created Project Independence, moving more than half a million people from the welfare rolls to the employment rolls and serving as a model for future welfare reforms. This law saved Pennsylvania taxpayers more than $150 million.

Passage of a comprehensive tobacco settlement package in 2001, which includes annual allocations for hospital uncompensated care, home and community-based care for seniors, a prescription drug program for low-income seniors, health-related research, tobacco prevention and cessation programs, and other health-related programs.
Senator Brightbill received a J.D. with Honors from Duquesne University School of Law and earned a B.S. in Economics from The Pennsylvania State University. He has served as District Attorney of Lebanon County and as a member of the Lebanon School Board.

His wife, Donna, practices law in Lebanon. He has five sons and resides in West Cornwall Township, Lebanon County.

12-22-2006

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