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Protecting Sensory Attributes of Foods
Robert Lewis, of Blackwell Sanders, discusses the ability to protect food products by patents directed to their sensory attributes in a recent article published by Intellectual Property & Technology Law Journal. “Protecting a Sensory Attribute of Food by Patent” was originally published in an abbreviated version in Prepared Foods, a leading food publication. While food products can be patented by a sensory attribute such as taste, it may not be easy.

Additional information about the Food Law, Intellectual Property, and Patents practice concentrations is available in the "industries & practice" section.

11-07-2006

‘Special’ Employees Fill More Than Support Roles at Baker Botts
What started as a father's concern for a son has turned into a commitment to provide employment opportunities at Baker Botts offices for individuals who are cognitively disabled.

Managing Partner Walt Smith first found a summer job for his son Jeffrey in the mail room of the firm's Houston office. Once he witnessed how his son, who is cognitively disabled, responded to the work environment and interacted with Baker Botts employees, Smith determined to find ways to bring more special needs workers into the firm.

Today, some five years later, Baker Botts employs eight workers at its five U.S. offices who are cognitively disabled. Three other alums of the firm with this disability have moved on to careers at other law firms or with public organizations or agencies. In London, the firm provides temporary assignments, in conjunction with a local charity, for people with long-term mental health problems.

In addition to internal efforts, Baker Botts has been working to open doors for these disabled individuals at other professional service companies, holding informational meetings during the past year in Washington, D.C. with representatives from potential employers, including other law firms.

"We believe the professional services environment is ideal for job placements for those with cognitive disabilities," Smith said. "The firm is relatively safe and quiet, we have an interested and caring workforce, and most importantly, we have work that these special individuals can do."

People with cognitive disabilities experience delays in measured intelligence, adaptive functioning or academic functioning.

More companies are considering people with intellectual disabilities not only for jobs, but careers. But the number is still anemic: Only about 31 percent of people with such disabilities are employed.

Research shows that people with disabilities, particularly intellectual disabilities, have great staying power. Researchers point out that these employees are loyal, they are hard workers, people pleasers, and they want to stay employed.

During October, which was National Disability Employment Awareness Month, Baker Botts' efforts to employ cognitively disabled individuals were recognized in Fairfax County, Virginia, and New York State. The Fairfax Area Disability Services Board presented Baker Botts its 2006 "Employer of the Year" award on October 13. The firm has hired three Fairfax County public school students through an "Options for Life" program.

On October 25, the New York State Educational Department Office of Vocational and Educational Services for Individuals with Disabilities presented Baker Botts with one of two National Disability Employer Recognition Regional awards. Baker Botts' New York office employs two special needs workers -- Kenny Lam and Naiesha Davis.

Lee Charles, Partner in Charge of the firm's New York office, said when he saw Kenny Lam's resume about a year ago, he knew he had to hire the young man. At the top of the one-page document, Lam had written a personal statement. The words were simple, direct and carried with them a clear picture of the type of employee Lam would be for the law firm.

"I like to read," Lam wrote. "I like working and typing on computers. I like to smile. I haven't worked yet, but I really want a job. I am a friendly person."

Charles said that Kenny and Naiesha "have proven to be an asset to our office and valuable contributors to our work force. Their presence has boosted morale and contributed to the culture we seek to foster at Baker Botts

11-07-2006

Weil Gotshal Obtains Victory for MasterCard
Weil, Gotshal & Manges successfully moved to dismiss all claims brought against MasterCard by the Internet payment service provider Paycom Billing Service, Inc. Paycom alleged that certain MasterCard rules and policies violated federal antitrust laws. The principal focus of Paycom’s antitrust claims challenged MasterCard’s rules and policies relating to “excessive chargeback” activity as allegedly anti-competitive in nature. The district court dismissed Paycom’s claims, without leave to amend. The US Court of Appeals for the Second Circuit affirmed the dismissal, holding that Paycom lacked antitrust standing and had not sufficiently alleged concerted activity.

The Weil Gotshal team working on this matter was led by partners Jay Fastow and Bruce Colbath and included counsel Denise Plunkett and associates Dominique Julia and Daniel Hodes.

11-07-2006

Former Weil Gotshal Partner Appointed to US Bankruptcy Court
Robert R. Summerhays, a former partner at Weil, Gotshal & Manges, was recently appointed to the US Bankruptcy Court for the Western District of Louisiana. Mr. Summerhays was sworn in and began his judicial tenure in October 2006. While at Weil Gotshal, Mr. Summerhays’ practice focused on complex civil and business litigation in federal and state courts, as well as complex commercial arbitrations.

11-07-2006

David Hartsell Speaks on Legislative and Case Law Updates
David Hartsell (Chicago) spoke on "Legislative and Case Law Updates" at the annual convention of the National Association of Retail Collection Attorneys in Scottsdale, Ariz.

11-07-2006

Robinson & Cole LandLaw Partner Receives Chamber Service Award
R&C LandLaw Partner Timothy D. Bates will be presented with the 2006 William Crawford Distinguished Service Award by the Chamber of Commerce of Eastern Connecticut on November 13 at Foxwoods. Each year since 1977, this award is given to a member of the community who, through volunteerism and community service, has made a positive impact in Eastern Connecticut. Please click here to read press release. Mr. Bates' award was noted in several Eastern Connecticut papers, including an article in The Day, The New London Times , The Norwich Bulletin and also the October 2006 Chamber Newsletter.

Tim has served his community in numerous ways over the years. He has is currently chairman of the board of Lawrence and Memorial Hospital, a deacon for the Noank Baptist Church and a member of the board of directors for The Williams School in New London. Tim has also served as a past chairman for the Community Foundation of Southeastern Connecticut; as a past chairman and board member of the Mystic Community Center in Mystic; as a past chairman for the Town of Groton Planning Commission; and also as a past chairman of the board of Connecticut Legal Services.

11-07-2006

Beisner, Borden Warn About Americanization of the European Legal System
OMM attorneys John Beisner and Charles Borden have published another article warning that European policy-makers are unwittingly opening their continent to rampant litigation abuses long experienced in the United States. In their new paper, "On the Road to Litigation Abuse: The Continuing Export of U.S. Class Action and Antitrust Law," Beisner and Borden contend that European leaders are not getting the full picture from U.S. plaintiffs' lawyers who have lobbying to Americanize the legal systems of European nations by expanding the use of the class action device and private enforcement of antitrust laws.

The new article was presented at the 2006 Legal Reform Summit, an annual Washington litigation policy program sponsored by the Chamber of the Commerce of the United States and its affiliate, the Institute for Legal Reform. Beisner and Border presented a paper to last year's Legal Reform Summit raising alarms about the trends toward Americanized legal structures in Europe; the new paper concludes that those trends have accelerated over the past year.

In their article, Beisner and Borden acknowledge that "Europe is not likely to experience widespread litigation abuse in the immediate future" because the "traditional aspects of European law that have safeguarded Europe from American-style litigation abuse in the past largely remain in place and continue to be fairly effective." They contend, however, that "given an increasingly sophisticated and organized international plaintiffs' bar, Europe simply cannot afford to maintain its current course." As they see it, "Europe still has time to heed the American experience with class actions and private antitrust enforcement and to alter its course. But if Europe continues as it has for the past year, that opportunity will soon slip away.

11-07-2006

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