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New Additions to Lerner, David, Littenberg, Krumholz & Mentlik, LLP
The intellectual property law firm Lerner, David, Littenberg, Krumholz & Mentlik, LLP is pleased to announce the addition of two new attorneys. William O'Sullivan and Rabiya Kader have joined the Firm as associates.

William P. O'Sullivan, formerly of the New York office of Fish & Richardson PC, joins the firm as an associate. Mr. O'Sullivan's practice at Lerner, David focuses on all aspects of intellectual property law, including patent prosecution, litigation and advising clients with respect to a diverse range of technologies in the electrical and mechanical arts. Mr. O'Sullivan's practice at Lerner David also involves advising clients with respect to trademark matters.

Mr. O'Sullivan earned his J.D. from Rutgers Law School in Newark in 2004 where he received the Morris Gann Academic Achievement Award. After receiving his B.E. in Electrical Engineering from State University of New York Maritime College at Fort Schuyler, Bronx, New York, Mr. O'Sullivan also participated in graduate level engineering course work at Rensselaer Polytechnic Institute. Prior to entering the field of law, Mr. O'Sullivan worked for several years as an electrical engineer in various capacities.

Mr. O'Sullivan is a member of the New Jersey bar and is registered to practice before the United States Patent and Trademark Office. His admission to the New York bar is pending.
Rabiya Kader, formerly of the Washington, DC office of Baker & Hostetler, joined the Firm as an associate. Ms. Kader's practice at Lerner David focuses on all aspects of intellectual property specializing in patent prosecution and opinions dealing with diverse technologies including medical devices and mechanical arts.

Ms. Kader earned her J.D. from Rutgers University School of Law – Newark in 2003. She attended Rutgers University, College of Engineering, where she received her B.S. in Mechanical Engineering.

Ms. Kader is a member of the bars of New Jersey, New York and the District of Columbia and is registered to practice before the United States Patent and Trademark Office.

Lerner, David, Littenberg, Krumholz & Mentlik, LLP has been exclusively representing clients in intellectual property law for more than 30 years. The Firm’s practice includes patent litigation, patent prosecution, licensing and interference, trademark, computer, & unfair competition litigation, trademark, prosecution, registration & licensing practice, copyright litigation and prosecution and computer software protection.

10-31-2006

SARAH B. BOWMAN AND ANDREW J. LIESE JOIN KARR TUTTLE CAMPBELL AS ASSOCIATES
The law firm of Karr Tuttle Campbell is pleased to announce that Sarah B. Bowman and Andrew J. Liese have joined the firm’s Seattle office as Associates. Sarah Bowman has joined the firm’s Litigation Department. Ms. Bowman earned top honors, graduating first in her class from Seattle University School of Law in 2006, where she also received Year End Achievement Scholarships for Academic Excellence in both 2004 and 2005. Ms. Bowman is the recipient of the 2006 American Law Institute / American Bar Association Scholarship and Leadership Award.

Prior to joining Karr Tutttle Campbell, Ms. Bowman served as a Judicial Extern in the Federal District Court for the Western District of Washington for the Honorable Thomas S. Zilly. She was also a contributing author to “Racial Integration and the Legacy of Brown at Seattle University School of Law,” published in the Fall/Winter 2004 issue of the Seattle Journal for Social Justice. Ms. Bowman has served as a volunteer legal assistant for the King County Bar Association’s Housing Justice Project and has worked as an investigative reporter for a 1973 wrongful-conviction case.

Andrew J. Liese joins Karr Tuttle Campbell Employment Relations Department. His practice focuses on labor and employment and school matters. Mr. Liese graduated Phi Beta Kappa from the University of Washington in 2001 with a B.A. in Political Science. He received his law degree in 2006 from Vanderbilt University in Nashville, Tennessee, where he served as a Managing Editor of the Vanderbilt Law Review and published an article advocating for the rights of the homeless.

Prior to joining the firm, Mr. Liese served as a judicial extern to the Honorable Richard C. Tallman of the U.S. Court of Appeals for the Ninth Circuit and as an intern for Division Three of the Washington State Court of Appeals in Spokane. Mr. Liese also interned for the Consumer Protection Division of the Washington State Attorney General’s Office in Seattle, assisting members of the community in understanding their rights under Washington’s Consumer Protection Act.

10-31-2006

Jerome H. Heckman, Keller and Heckman LLP's Founding Partner, Named "Most Influential in Packaging" for 2006
Packaging Strategies Managing Editor Joe Pryweller announced recently that Jerome H. Heckman, Keller and Heckman LLP's founding partner, has been named among the "Most Influential in Packaging" this year. The announcement came as Packaging Strategies published its October 31, 2006 "Most Influentials" issue (click here for article*), which features the top individuals, companies, and organizations recognized for their influence on the business and technology of packaging.

Mr. Heckman and others in this select group of honorees have made significant contributions to the packaging industry and earned the recognition of their peers. Packaging Strategies selects the honorees after a year-long evaluation process that considers all industry segments, package formats, and facets of the business of packaging around the world.

Mr. Heckman, dubbed by Packaging Strategies as "Defender of the Packaging Faith," was recognized as the packaging industry's "legislative crusader" who "spends as much time firing warning shots alerting the industry about potentially damaging regulatory issues as he does defending clients." Mr. Heckman was acknowledged for his tireless efforts to guard against legislation that could harm the packaging industry and, in 2006 especially, for "taking a front-line role" in leading the winning campaign to secure continued funding for the U.S. Food and Drug Administration's (FDA's) Food Contact Notification (FCN) program.

Mr. Heckman's client, the Society of the Plastics Industries (SPI), organized a coalition that succeeded in having continued funding for the FCN program included in a House Appropriations bill this year, which virtually assures the program's short-term survival. He provided input to the coalition and liaisoned with FDA and Congress on the appropriations. He continues to be very concerned with this matter and is seeking longer-term funding solutions that will make it possible for this innovative and efficient program to continue working for the benefit of industry, consumers, and government alike.

Mr. Heckman also continues to tackle the important "big picture" industry issues, such as the "harmonization" of regulatory requirements around the globe, which individual packaging businesses cannot pursue on their own. His reach goes beyond Capitol Hill to Brussels, Beijing, and beyond.

Packaging Strategies calls Jerry Heckman "the original model" of an industry advocate.

10-31-2006

John McCahey's Supplement on Bills and Notes Published
Partner John McCahey's 2007 supplement to the chapter on Bills and Notes he wrote for the treatise, Commercial Litigation in New York State Courts (2d ed. Thomson/West) was published.

10-31-2006

Appellate Division Affirms Summary Judgment Against Guarantor
The Appellate Division, First Department unanimously affirmed the Supreme Court's decision that granted H&H client The CIT Group/Commercial Services, Inc. summary judgment against a limited guarantor of its factored client. The Court rejected numerous arguments raised by the guarantor on appeal as to both his continuing liability under the guaranty he terminated two years before the factored client's default and the amount for which he could be found liable. The Court instead agreed with the lower court that CIT was entitled to judgment up to the full amount guaranteed, together with interest and enforcement costs. See CIT Group/Commercial Services, Inc. v. Ganglani, (NY Slip Op. 07217, Oct. 5, 2006). Partner John McCahey handled the matter.

10-31-2006

Appellate Division Affirms Dismissal of Subnote Holders claims Against Lender
The Appellate Division, First Department unanimously affirmed a decision of Supreme Court that dismissed plaintiffs' fraud claims against H&H client LaSalle Business Credit LLC and also denied plaintiffs' proposed amendment to assert that LaSalle aided and abetted its borrower's alleged fraud in soliciting subordinated loans from plaintiffs that went unpaid after the borrower's later bankruptcy. The lower court decision (which was the subject of articles in the New York Law Journal and Commercial Lending Litigation News) had rejected the plaintiffs' claim that LaSalle had assisted the borrower's alleged fraud by waiving defaults under the LaSalle lending agreement before the plaintiffs' loans were made, thereby permitting the borrower to represent to plaintiffs that it was not in default of any agreement. The First Department affirmed on several grounds, including that LaSalle could not be found liable for aiding and abetting the alleged fraud of its borrower upon plaintiffs because LaSalle did not breach any duty it owed to plaintiffs. See Jebran et al v. LaSalle Business Credit, LLC, (2006 Slip Op 07295, Oct 12, 2006). Partners, John McCahey and Rosanne Matzat handled the matter.

10-31-2006

DOL Guidance Provides Further Clarification on HSAs and ERISA
the Department of Labor ("DOL") issued Field Assistance Bulletin 2006-02, addressing frequently asked questions that DOL has received concerning the application of ERISA to Health Savings Accounts ("HSAs") since the release of FAB 2004-01 in April, 2004. The guidance is helpful to employers because it identifies several ways in which an employer can assist employees with setting up an HSA without causing the HSA to become subject to ERISA. Particularly significant is that DOL has clarified that the prohibition on employer "endorsement" that applies under other DOL safe harbor guidance relating to group or group-type insurance does not apply to an HSA as long as the employer satisfies the specific requirements of FAB 2004-01. However, the guidance also serves as a reminder that the prohibited transaction rules apply to HSAs, and provides some examples of when the prohibited transaction rules may be implicated when an employer makes available HSAs to employees.

10-31-2006

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