Law Firm News

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Law Firm News

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Mintz, Levin, Cohn, Ferris, Glovsky & Popeo P.C.

Tara Corvo to Speak at LSI's Two Day Conference on Business Models, Regulatory Issues & Content Acquisition for Internet-Enabled Television
Tara Corvo, a member in the firm's Washington office, practicing in the areas of cable and telecommunications, will deliver the presentation; The Future of Local Franchising as the Primary Approach for Non-Broadcast Television Services at Law Seminars International Two Day Conference on Business Models, Regulatory Issues, & Content Acquisition for Internet-Enabled Television. The conference will be held December 14 & 15, 2006 at the Washington State Convention and Trade Center in Seattle, WA.

Tara practices before the Federal Communications Commission and other federal and state agencies, as well as in federal and state courts. She counsels communications clients on emerging broadband-related regulatory and legislative matters, including network access, net neutrality, voice over Internet protocol (VoIP), and a la carte. She also assists clients with local franchise renewals and transfers of control, and advises them regarding their must-carry, retransmission consent, leased access, and public, educational and governmental ("PEG") access obligations.

12-14-2006

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Mintz, Levin, Cohn, Ferris, Glovsky & Popeo P.C.

Mintz Levin Advises CVS Corporation in Largest Retail Sale Leaseback in US History
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., a full-service, 450-lawyer AmLaw 100 firm with offices throughout the U.S. and in the U.K., announced that it represented CVS Corporation (NYSE: CVS), the nation's largest pharmacy chain, in an historic $1.3 billion sale leaseback transaction ? the largest retail sale leaseback deal in U.S. history.

The transaction, which involved 340 owned or ground leased pharmacy properties located in 29 states, was financed through a 144A securities offering underwritten by five investment banks led by Lehman Brothers.

The Mintz Levin team of attorneys representing CVS in the transaction was led by the following Members of the firm: environmental law attorney Susan Phillips; real estate law attorney Joel Bloom; business and finance attorney Dennis Greene; and Andrew Urban, the firm's co-managing Member and the CVS relationship manager.

12-14-2006

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Marshall, Gerstein & Borun, L.L.P.

Congress Passes U.S. Trademark Dilution Revision Act
On October 6, President Bush signed into law H.R. 683, the “Trademark Dilution Revision Act of 2006.” This Act was crafted by a committee of experts convened by the International Trademark Association (INTA) to clarify the current Trademark Dilution Act and resolve splits that have arisen in the circuits. These splits were partially in response to the Supreme Court’s ruling in Moseley v. Victoria’s Secret. That case had interpreted the original Dilution statute as requiring a showing of actual dilution, rather than of a likelihood of dilution. The new Act also rejects the “actual economic injury” standard applied by other courts of appeal.

This Act ensures that owners of famous trademarks will be able to protect and prevent dilution of these famous marks and will not have to delay seeking protection until there has been actual damage to do so

The Revision changes the Dilution Act in the following respects:

1. Specifies that likelihood of dilution suffices to meet the requirements for proving violation of the Dilution Act

2. Specifies that anti-dilution protection applies not only to marks which are inherently distinctive, but also to marks that have acquired distinctiveness, provided they have attained sufficiently “famous” status to otherwise be eligible for protection.

3. Specifies that only marks that are famous to the “general consuming public,” are entitled to protection against dilution, eliminating protection for marks that are “famous” only in niche markets.

4. Elaborates on some of the relevant factors for determining whether a mark has sufficient public recognition to be considered “famous,” including the “amount, volume and geographic extent of sales.”

5. Expressly recognizes the existence of two types of dilution: dilution by blurring and dilution by tarnishment. It also specifies some types of evidence which the courts should consider in determining whether one or the other type of dilution is likely

6. Refines the definition of “fair use” to include “nominative or descriptive fair use,” including uses that identify, parody, or comments upon the famous mark.

7. Provides for the possibility that unregistered trade dress may be entitled to anti-dilution protection, but places the burden of proof on the party asserting the trade dress to prove that it is not functional and is famous, and that the fame is not based on the use of a printed mark on the goods.

8. Allows for monetary remedies, if the diluting mark is used after the enactment date of the Revision Act and the diluting use can is willful.

Regarding the passage of this Act, Paul W. Reidl of E&J Gallo and INTA President, stated “INTA views the passage of the bill as a very important achievement in the protection of famous and well-known trademarks. This gives brand owners a powerful tool for protecting the trademarks they have worked so hard to build.”

The House Bill was sponsored by Rep. Lamar Smith (R-Tex.), while Senators Arlen Specter (R-UT), Orrin Hatch (R-UT), and Patrick Leahy (D-VT) backed the Senate Act.

Please contact a Marshall, Gerstein & Borun attorney in our Trademark Practice Group for further information or to discuss the content and ramifications of this new Act

12-14-2006

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Marshall, Gerstein & Borun, L.L.P.

MGB Partner To Speak at Upcoming Patent Claim Construction Seminar
MGB Partner Brad Lyerla, will be speaking at Law Seminars International’s (LSI) upcoming “Patent Claim Construction” conference, January 26, at the Grand Hyatt San Francisco. Mr. Lyerla will speak on the resolving ambiguities in patent claims, including discussion of the fundamental irresolvable dichotomy, advantages and disadvantages of looking empirically vs. linguistically, historical perspective of philosophical issues of universals, and Phillips’ issues.

12-14-2006

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Husch & Eppenberger, LLC

Gary H. Feder Begins Term as President of the Board of Directors of the Clayton Chamber of Commerce
Husch & Eppenberger, LLC expresses great pride in our colleague, Gary H. Feder, for having been named President of the Board of Directors of the Clayton Chamber of Commerce. Mr. Feder's one-year term as President commences on December 13, 2006 and will end on December 31, 2007.

Mr. Feder is a past member of the Board of Education of the Clayton School District, having served as its Vice-President and Treasurer. In June 2003 he was appointed by Clayton's Mayor as a member of both Clayton's City Plan Commission and Architectural Review Board.

Mr. Feder concentrates his practice in real estate law (including acquisition, zoning, and condemnation issues), corporate law, and related litigation. He is a frequent speaker on a variety of real estate development issues, such as the use of tax increment financing, transportation development districts, and urban redevelopment corporations.

Mr. Feder is listed in the 2007 edition of Best Lawyers in America® in the areas of Eminent Domain and Condemnation Law, Land Use & Zoning Law, and Real Estate Law. He was also voted as a 2006 Missouri & Kansas "Super Lawyer®" in the areas of Real Estate, Land Use/Zoning, and Environmental. Mr. Feder was named a Top 50 "Super Lawyer®" in St. Louis in 2005. Nominated by their peers, only 5% of attorneys in Missouri and Kansas were given this honor.

12-14-2006

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Holland & Hart, L.L.P.

Four Holland & Hart Attorneys Named Leading Mining Lawyers
Holland & Hart is pleased to announce that Paul Schlauch, Robert Bassett, Robert Connery, and Jack Palma were named in the International Who's Who of Mining Lawyers. Both Mr. Schlauch and Mr. Bassett are included in the list of the most highly nominated practitioners, making Holland & Hart the only firm with multiple attorneys appearing on this list.

Earlier this year, Mr. Schlauch was awarded the International Who's Who of Business Lawyers Mining Lawyer of the Year Award for the second year in a row. According to the publication, Mr. Schlauch's peers describe him as "the best in the world". He is currently a Partner in Holland & Hart's Denver Tech Center office and has more than 30 years of experience in legal issues related to the mining industry.

Mr. Bassett is "internationally renowned for the quality of his litigation and transactional work," according to Who's Who. He is Of Counsel in the firm's Denver Tech Center office. He practices natural resources and international law with an emphasis in mining.

Mr. Connery is a Partner in the firm's Denver office. He has practiced environmental law for the last 40 years. His experience includes representation of the national mining industry in several landmark environmental cases, along with environmental planning, permitting, and compliance work on major industrial and mining projects and environmental litigation.

Mr. Palma is a Partner in the firm's Cheyenne, Wyo. office. He has more than 25 years of experience in natural resources and environmental law, including extensive work in federal and state public land law, NEPA, environmental regulatory compliance and permitting, oil and gas, minerals, and water.

Those attorneys recognized in the publication are selected through nominations by general counsel and business lawyers in private practice worldwide. Who's Who conducts comprehensive surveys of the attorneys' peers to develop the list of their leading mining attorneys.

12-13-2006

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Clifton, Budd & DeMaria, LLP

George F.branlla lends his insite into unionzation of massachusetts healthcare facilities
Firm Partner George F. Brenlla recently shared his experience and insights on unionization in the healthcare field and the recent spread of unionization in the Massachusetts healthcare workforce. In the Winter 2007 issue of the Massachusetts Medical Law Report, Mr. Brenlla discusses how unions attempt to organize healthcare institutions and the reasons why some facilities are more susceptible to unionization than others. Additionally, Mr. Brenlla discusses the legal landmines that management must navigate around during a union campaign.

12-13-2006

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