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Sebaly, Shillito & DyerA Legal Professional Association

SS+D Lawyers Honored
2006 Ohio Super Lawyer, Bev Shillito, has been included in the 2007 edition of The Best Lawyers in America in the specialty of Corporate Law. Bev was named in 2004 and 2005 among the Best of the Bar in the Dayton Business Journal. In 2004 she was honored with the YWCA Lifetime Achievement Award for her continuing influence in the Dayton community. Bev focuses her practice in mergers and acquisitions, and health care law, notably physicians' practice groups.

2006 Ohio Super Lawyer, Jim Dyer, has been named among the Dayton Business Journal's 2006 Who's Who In Law. Jim was among attorneys recognized in the Dayton Business Journal's 2005 Best of the Bar. Jim chairs the Litigation Department and focuses his practice in complex business litigation.

Barbara Duncombe, Chair of the Government Contract Law Department, has been named among the 2006 Dayton Business Journal's Who's Who In Law. Barbara focuses her practice in the area of government and construction contracts, government investigations, and technical data rights.

11-06-2006

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Sands Anderson Marks & MillerA Professional Corporation

Sands Anderson Attorneys Appear Among Lists Claiming To Name Virginia’s Top Lawyers
Twenty-two attorneys from Sands Anderson Marks and Miller have been included among the better known in Virginia on published compilations chosen through votes of attorneys throughout the state.

The Best Lawyers in America, a national list of attorneys whose peers have evaluated their credentials and experience in a detailed ratings process, according to the publisher Woodward/White Company, includes: William D. Cremins, Personal Injury Litigation; Robert B. Delano, Jr., Insurance Law; Mary Louise Kramer, Workers' Compensation Law; Frank B. Miller III, Personal Injury Litigation, Product Liability Litigation and Professional Malpractice Law; Albert M. Orgain IV, Transportation Law; Douglas P. Rucker, Jr., Professional Malpractice Law; M. Pierce Rucker, Medical Malpractice Law; and J. Jonathan Schraub, Professional Malpractice Law.

The Virginia Business magazine’s 2006 “Virginia Legal Elite” list, which comes out annually in the December issue and is assembled through ballots distributed to members of the Virginia Bar Association, includes: L. Lee Byrd, Civil Litigation; C Michael DeCamps, Labor/Employment Law; Jeffrey H. Geiger, Intellectual Property ; Terrence L. Graves, Transportation/Admir-alty/Intermodal; David W. Hearn, Young Lawyer; Elaine R. Jordan, Alternative Dispute Resolution; Phyllis C. Katz, Labor/Employment; Benjamin R. Lacy, IV, Business Law; Bruce L. Mertens, Taxes/Estates/Trusts; Albert M. Orgain, IV, Transportation/Admiralty/Intermodal; Brian R Pitney, Business Law; M. Pierce Rucker, Health Law; J. Jonathan Schraub, Civil Litigation; William N. Watkins, Civil Litigation; and Carlyle Randolph Wimbish, III, Health Law.

Virginia Super Lawyers, a publication of Law and Politics, Inc., sends nomination surveys to a majority of licensed attorneys in Virginia, and collects the submitted names mentioned most often in an annual list, which is mailed to the same universe and inserted in Richmond Magazine. Included in the first Virginia list this year were: L. Lee Byrd - Business Litigation; William D. Cremins, Personal Injury Defense: Medical Malpractice; C. Michael DeCamps - Employment & Labor; Elaine R. Jordan - Construction/Surety; Bruce L. Mertens - Estate Planning & Probate; Frank B. Miller, III - Personal Injury Defense: Medical Malpractice; Albert M. Orgain, IV - Civil Litigation Defense; Brian R. Pitney - Business/Corporate; Douglas P. Rucker, Jr. - Professional Liability: Defense; M. Pierce Rucker, II - Health Care; John B. Russell - Personal Injury Defense: Medical Malpractice; J. Jonathan Schraub - Professional Liability: Defense; Daniel M. Siegel - Bonds/Government Finance; and Carlyle R. Wimbish, III - Personal Injury Defense: Medical Malpractice.

11-06-2006

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Hinckley, Allen & Snyder LLP

In Memory of Respected and Beloved Partner, Herman Snyder (1907-2006)
It is with deep regret that Hinckley, Allen & Snyder LLP announces the passing of Herman Snyder, Esq., the firm's oldest living partner. Mr. Snyder, age 99, passed away on Saturday, November 4th.

A resident of Chestnut Hill, MA and Palm Beach, FL, Mr. Snyder founded the law firm of Snyder, Tepper and Berlin in 1947. That firm later became Snyder, Tepper and Comen which merged with Hinckley, Allen, Tobin & Silverstein in 1987 to form Hinckley, Allen, Snyder & Comen. The firm is now known as Hinckley, Allen & Snyder LLP with offices in Boston, MA, Providence, RI and Concord, NH.

A distinguished member of the Bar, Mr. Snyder graduated from Harvard University magna cum laude in 1927 and also received his law degree from Harvard, in 1931. He was actively engaged in the practice of law with his clients well into his 80s. Mr. Snyder was especially well known in New England construction circles as he was considered a pioneer in modern construction law.

"Herman was an outstanding lawyer and human being who was instrumental in the success of Hinckley, Allen & Snyder LLP," said Michael P. DeFanti, the firm's Managing Partner. "He was a giant among us. I am grateful not only for his contributions to the firm but, personally, for his constant help and support. We will miss him greatly."

"Herman Snyder combined the rare qualities of wisdom, courage and traditional values borne out of great intelligence and experience," said Joel Lewin, Esq., his law partner of nearly 30 years. "He made great demands of himself and, by that example, he motivated others to achieve. Until the end, he dedicated his life to the caring and protection of his family, friends, clients, temple and the charities he loved."

All of us at Hinckley, Allen & Snyder extend our sincere sympathies and condolences to Mr. Snyder's family. He will be sorely missed.

11-06-2006

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Gide, Loyrette & Nouel, PC

Stéphane Vernay is listed as one of ALB’s Hot 100 lawyers 2006
Gide Loyrette Nouel has had a strong presence in China for nearly two decades and is one of the largest foreign firms there. The firm’s Beijing managing partner Stephane Vernay is pushing their leading position even further. With his significant contribution, the new office in Hong Kong started fully operating in this June to beef up GLN’s Greater China practice. As China embraces new opportunities, Vernay leads the firm evolving simultaneously to keep pace. Many emerging practice areas of GLN are experiencing a strong growth, such as Beijing Olympics related practice. ALB - November 2006.

11-06-2006

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Flaster Greenberg

Flaster/Greenberg Shareholder Abbe F. Fletman Wins Major Voting Rights Case for the City of Philadelphia
The City of Philadelphia, represented by Flaster/Greenberg shareholder Abbe F. Fletman was handed a significant decision on Friday, Nov. 3rd by a three-judge federal panel in a potentially landmark case that pitted the City against the United States Department of Justice ("DOJ") which claimed the City was in violation of the minority language compliance provisions of the Voting Rights Act, sections 203 and 208. As a result, there will be no federal observers at polling places throughout the City of Philadelphia on Election Day this year.

Abbe F. Fletman

In United States of America v. City of Philadelphia; and Philadelphia County Board of Elections, at stake was whether the DOJ could force federal observers into polling areas to ensure that Spanish-speaking citizens were able to understand and cast their votes according to their wishes. This action was taken despite the fact that the City already had a comprehensive program in place addressing just such issues. The DOJ filed their motion 13 days before a major election, presenting a time factor that the City found a significant obstacle should they be forced to make additional provisions.

The DOJ moved for a temporary restraining order, or in the alternative, a preliminary injunction requiring the City of Philadelphia and the Philadelphia County Board of Elections to: 1) recruit additional Spanish-speaking interpreters from among City employees; 2) make "best efforts" to recruit bilingual poll workers in certain districts -- without regard to the English proficiency of the voters in those districts; 3) "ensure" in an unspecified way that "all voters who are either blind, disabled, or cannot read or write English" are permitted an assistor of their choice in the voting booth; and 4) allow federal observers whose authority admittedly includes following voters into the voting booth and intruding upon the sanctity of the secret ballot.

The motion brought by the DOJ, argued the City, significantly failed to provide any opportunity for the City to improve its current system. The motion was brought despite the fact that neither the Committee of Seventy -- a non-partisan election watchdog -- nor any Latino or Hispanic group had raised a concern to the City with respect to these issues. The City noted that the very communities in question had frequently expressed more concern with respect to the interference of the federal government in terms of their voting rights.

Wilfredo Rojas, president and co-founder of the Delaware Valley Voter Registration Education Project, said that the presence of federal observers inside the voting booth, "would have an intimidating effect on voters who are usually very leery about law enforcement because of the outright discrimination against language minorities, including Latinos."

Patricia DeCarlo, a Latino community activist noted that during one election in Vineland, N.J., rumors spread that public assistance would be discontinued for Latinos if they voted against a provision. Thus, the City argued that even if completely benign in application, the appearance of federal officials has the potential to have a chilling effect on voter turnout.

The City of Philadelphia has provided Spanish-English interpreters for many years. For the upcoming election, the City used Census data to identify locations where interpreters are needed. As a result of these efforts, the City has some 183 English-Spanish speakers covering 209 voting divisions. The City also will be providing telephone assistance in 120 languages on Election Day and has placed numerous notices in both Spanish and English city publications addressing the availability of interpreters and the existence of the telephone hotline. Additionally, Spanish-language ads regarding how to vote have also been placed on the voting machines themselves.

The data that the DOJ used to build its case was faulty, argued the City. The City deemed much of the statistical data that the DOJ used as over-inclusive and inaccurate. Part of this determination was based on the fact that DOJ statistician David Ely lumped people who spoke Spanish, but responded as speaking English "well" into the same category as people whose proficiency was poor The City contends that when that statistical group is factored out, there are far fewer voting districts in need of assistance than the DOJ claims. David Ely also, erroneously in the City's estimation, concluded that having a Spanish surname was an automatic correlation to an inability to speak English.

One of the central thrusts of Fletman and the City's arguments was that the DOJ spent nearly two years gathering evidence, only to wait until very near the last minute to file its motion. The DOJ filed its motion virtually on the eve of the election despite the fact that United States Supreme Court precedent set forth in Purcell v. Gonzalez warns strongly against issuing injunctive relief when an election is imminent. United States Court of Appeals Judge D. Brooks Smith noted in this case that time was, "a relevant factor to consider," and "a personal concern of (his.)"

"How as a practical matter would the city hire interpreters four days out?" U.S. District Judge Harvey Bartle asked. The City notes that all members of the Election Board were already assigned to critical election functions and that by diverting resources the very process and validity of this critical election could be put in doubt.

The City contended that the DOJ had refused to provide any information that identified particular concerns and desired remedies such that the city might be able to quickly resolve such problems. The City also claimed that the DOJ had not provided enough time to remedy accused deficiencies.

11-06-2006

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Davis Graham & Stubbs LLP

Davis Graham & Stubbs Attorney Andrew Low Offers Expertise on Appellate Law in Bar Association’s New Book and CLE Program
A new book published by the educational arm of the Colorado Bar Association features a collection of columns by Andrew Low, a litigation partner at Davis Graham & Stubbs. The release of Low on Appellate Practice: Collected Columns, by CLE in Colorado, Inc., coincides with a CBA Continuing Legal Education program on November 9, “2006 Appellate Practice in Federal and State Court,” chaired and moderated by Low.

Low’s quarterly column, “Appellate Practice,” has been featured in the CBA’s monthly publication, The Colorado Lawyer, for more than fifteen years. During his thirty years of practice, Low has shared his insights about the special skills and techniques needed to succeed on appeal. The new book is a collection of Low’s columns, providing straightforward advice on every aspect of appellate advocacy, delivered in a light and humorous style. Each column features the hapless attorney Tim Flegleman, who is saved from certain disaster on appeal by a fortuitous encounter with a cast of fictitious appellate experts. The editor of The Colorado Lawyer recommends that “every Colorado lawyer should own this book and read it from cover to cover.”

The CLE program on federal and state appellate practice will be offered this Thursday, November 9, in the CBA-CLE classroom at the CBA/DBA offices at 1900 Grant Street in Denver. The program offers eight general credits including 1.2 ethics credits.

11-06-2006

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Woodcock Washburn LLP

Jury Awards Graham Co. $19 Million in Largest “Indirect Profits” Copyright Infringement Case
A jury in the Federal Court in Philadelphia, Eastern District of Pennsylvania, has awarded The Graham Company nearly $19 million in one of the largest 'indirect profits' copyright infringement awards in history. The jury deliberated on June 27, 2006 for less than three hours in awarding $16,561,230 against USI MidAtlantic, Inc. and $2,297,397 against its employee Thomas P. Haughey.

At issue was the infringement of two books written by commercial insurance broker, The Graham Company of Philadelphia. The books contain insurance forms and coverage descriptions, and were used as reference works and sales manuals for commercial insurance brokers. The evidence at trial showed that the infringement covered a period of 14 years, after a departing Graham employee provided USI's predecessor company with the books in 1991. USI used the material as a critical part of their sales program, by copying the books verbatim into their computer system and making them electronically available to all employees and via distribution of hard copies.

"This is a landmark verdict for two reasons: first, we believe it is the largest verdict ever in an 'indirect profits' copyright infringement case, and second, it is the first jury verdict of which I am aware involving copyright infringement of insurance forms and other insurance-related materials," said David J. Wolfsohn, the lead trial lawyer for The Graham Company and a partner with Woodcock Washburn LLP. Aleksander Goranin and Loretta Weathers of Woodcock Washburn were also on the trial team. The case sought damages under 17 U.S.C. section 504(b), which permits the copyright owner to obtain infringer profits. The profits sought were "indirect damages" because the books themselves were not sold by USI. Rather, the books were used to generate revenue in the form of sales commissions.

"We are pleased that the jury seemed to have recognized how unique and important these books are to The Graham Company's business, and how they ended up being so important to USI's business as well. And the verdict certainly sends a message that jurors take copyright violations seriously.

11-06-2006

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