Law Firm News

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Law Firm News

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Foley & Lardner

Foley Honored by Business Women’s Network For Commitment to Diversity
Foley & Lardner LLP announced today that the firm will receive the prestigious Entrepreneurial Star Award presented by the Business Women's Network (BWN) and Diversity Best Practices (DBP) in recognition of its strong and ongoing commitment to diversity in the workplace, and in the business and civic communities.

The award recognizes those who have:

Demonstrated a sustained commitment to women
Reached ‘outside the box' with breakthrough approaches to time-honored practices
Broken barriers and/or served in extraordinary circumstances
Improved the lives of people around them and/or maximized their potential
Served as a role model for others

The firm was nominated for the award by Boardroom Bound®, a nonprofit organization dedicated to increasing diversity in the corporate boardroom by matriculating women and ethnically diverse individuals from their Boardology® Institute and promoting them for corporate board service. Foley joined Boardroom Bound as a Charter Corporate Partner in 2004. Since then, the firm has cultivated a strong partnership with Boardroom Bound, including involvement in its Boardology Seminars, which are intensive two-day programs designed to help women and minorities conduct successful board appointment campaigns.

Elizabeth P. Gray, an attorney in Foley's Washington, D.C. office, has dedicated countless hours to Boardroom Bound seminars as a speaker on the impact of the Sarbanes-Oxley Act.

“Over the past five years, the effects of the Sarbanes-Oxley Act on corporate governance have become an important subject for corporate leaders,” Gray said. “As the topic evolves, I look forward to continuing our partnership with Boardroom Bound and building on the programs offered this year.”

Gray will accept the award on behalf of the firm at the awards breakfast during BWN's Diversity and Women's Leadership Summit and Gala on October 26 at the Marriott Wardman Towers in Washington, D.C.

“This recognition by BWN and Boardroom Bound is particularly gratifying because diversity is a top priority of our law firm,” said Maureen A. McGinnity, the firm's chief diversity partner.

10-26-2006

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Foley & Lardner

Foley Expands Intellectual Property Department with Addition of Mark G. Lappin
Foley & Lardner LLP announced today that Mark G. Lappin has joined its Boston office as a partner in the Intellectual Property (IP) Department, Electronics Practice and Life Sciences Industry Team.

The addition of Lappin is the next step in Foley's strategic plan to further develop and expand its national and international intellectual property practice in key niche areas such as the life sciences and high-technology industries.

Lappin has more than 30 years of experience in the prosecution of U.S. and international patents, trademark and copyright registrations and related counseling and litigation. He has worked with established and emerging organizations, medical device companies, entrepreneurial ventures and educational institutions across the U.S. as well as in the U.K., Germany, France, Israel, Canada, Brazil and Australia.

“Mark's range of experience in intellectual property law and his geographically-diverse client base will further support our strategic plan to enhance our intellectual property practice internationally, nationally and in Boston,” said Sharon R. Barner, chair of the firm's Intellectual Property Department. “His experience will broaden the firm's capabilities in the life sciences industry, which is a key growth area for the firm.”

This announcement follows the addition of five attorneys with backgrounds in the life sciences and high-technology industries to the Intellectual Property Litigation Practice in the firm's Chicago office.

Lappin's experience encompasses a wide variety of technical fields, including electronic instrumentation, robotics, computer architecture and software, database software, integrated circuit design, micropayment systems, image processing, cryptography, ultrasonic cleaning, nanotechnology, medical devices, biologics including xenografts, nutritional supplements, counter-terrorism, optics, motorcycle apparel and photonics. He also will be a member of the firm's Mechanical & Electromechanical and Biotechnology Practices.

Lappin joins Foley after focusing on intellectual property counseling and litigation, patent prosecution, copyright registration, and trademarks and unfair competition at McDermott Will & Emery and Greenberg Traurig LLP.

10-26-2006

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Dorsey & Whitney, L.L.P.

Paul Ackerman Discusses New York University's Patent Infringement Suit Against Autodesk, Inc.
Dorsey partner Paul Ackerman discusses in IP Law & Business magazine the patent infringement suit he and fellow Dorsey partner Gary Abelev filed on behalf of New York University against Autodesk, Inc. According to Ackerman, Autodesk's 3D computer graphics software - used in the special effects of many Hollywood blockbusters, including 2005's King Kong and the Lord of the Rings series - infringe several of the school's computer animation patents. The university is asking for damages and an injunction.

The article ""Big Suits"" was published in the October 2006 edition of IP Law & Business magazine.

10-26-2006

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Dorsey & Whitney, L.L.P.

Elizabeth Buckingham on Website URLs Involving the Minnesota Attorney General Election Campaign
In the Star Tribune, Dorsey partner Elizabeth Buckingham discussed the challenge of anonymous domain name registrations that target IP addresses or URLs involving the names of political candidates. Lori Swanson, the DFL candidate for Minnesota attorney general, has complained that URLs such as ""Loriswanson.org,"" ""Loriswanson.com"" or ""Loriswanson.net"" have been appropriated in order to direct visitors directly to the website of her Republican opponent, Jeff Johnson.

Buckingham says that such tactics are probably not illegal since they involve the constitutionally protected right of political speech.

10-26-2006

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Cozen O' Connor

Cozen O’Connor Attorney Richard J. Bortnick Presents at European D&O Insurance Conference in Munich, Germany
Cozen O’Connor member Richard J. Bortnick served as a presenter in Munich, Germany at the European D&O Insurance Forum addressing Strategies for Maximising Profitability and Minimising Risk in a Turbulent Global Market. The conference was attended by more than 100 insurance industry representatives from the European community and London.

Resident in the firm’s West Conshohocken, Pa., office, Bortnick practices with the insurance department, concentrating his practice in directors' and officers' liability, securities fraud, insurance coverage, products liability, employment practices and commercial litigation. He lectures frequently at seminars around the world and has published and been quoted in numerous articles on D&O and insurance-related issues. He also has authored a chapter on D&O which was published in the professional liability treatise ""Inside the Minds: Professional Liability Law: Leading Lawyers on Strategies for Minimizing Risk and Increasing Success in Professional Liability Suits.""

Bortnick is admitted to practice in Pennsylvania and New Jersey, and before the U.S. District Courts for the Eastern District of Pennsylvania, the District of New Jersey and the Western District of Michigan, as well as the U.S. Courts of Appeals for the Third Circuit and the Eleventh Circuit.

A resident of Gladwyne, Pa., Bortnick earned his undergraduate degree from Boston University (B.S., summa cum laude, 1981) and his law degree from the Villanova University School of Law (J.D., cum laude, 1985).

10-26-2006

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Baker & Hostetler, L.L.P.

BH Sponsors BAPCPA One-Year Anniversary Program
Baker Hostetler recently sponsored the American Bankruptcy Institute's ""BAPCPA One-Year Anniversary Program,"" which was held at Georgetown Law School.

The program analyzed the effects of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) in which Congress enacted the most sweeping reform of the Federal bankruptcy laws in the past 25 years. The program analyzed, one year later, the impact of the new law on debtors, creditors and other parties in the bankruptcy system. Baker Hostetler was represented by Don Workman (DC), Peter Ito (DEN) and Richard Bernard (NY).

Baker hosted, and Don Workman introduced, the keynote speaker, Michael J. Desmond, Tax Legislative Counsel for the U.S. Department of Treasury. Also, participating from Washington, all of whom met with Mr. Desmond, were Paul Schmidt, Adam Gropper, Todd Lady and Jennifer Benda.

10-26-2006

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Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC.

Appellate Court Reverses Judgment Against Nurse
Todd Ehrenreich and Larry Burkhalter of the Miami office of Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, received a directed verdict from the Third District Court of Appeals of Florida, reversing the lower court’s judgment against their client, an advanced registered nurse practitioner (ARNP). The original verdict against the defendant nurse for $980,000 was reduced to zero, and the plaintiff is required to pay litigation costs.

The medical malpractice action, Husak v. Siegel, alleged decreased arm use resulting from the failure of Nurse Siegel and her direct supervising physician, Dr. Feldman, to properly diagnose ruptured tendons in Husak’s arms and either to timely refer him for a MRI or to an orthopedic surgeon. Husak’s injuries were sustained during his workout when he slipped as he pulled forward on a weight machine, felt immediate pain and heard a “popping sound.” Nurse Siegel determined from her own examination that he’d suffered a muscle strain or sprain. She did, however, note his “popping sound” claim in the medical chart. There was no evidence that Dr. Feldman reviewed that chart to indicate his professional agreement or disagreement with the nurse’s diagnosis, even though it was required by the practice and protocol that existed between them.

Husak’s symptoms worsened, resulting in a return to the doctor’s office. Nurse Siegel then prescribed anti-inflammatory medication and rest; Dr. Feldman did see Husak on this visit and signed the chart indicating his concurrence with the diagnosis. Six days later, Nurse Siegel examined Husak again noting the bruising and tenderness were approving; Dr. Feldman did not see him on this visit, but still signed the chart again reflecting his agreement with Nurse Siegel’s recommendations.

Four months later, on his own initiative, Husak sought an MRI, which showed a condition consistent with muscle sprain. Two months later, Husak saw an orthopedic surgeon, who advised he had torn bicep tendons but did not require surgery. Later that month, Husak sought a second opinion – that doctor confirmed the ruptured tendons assessment and ultimately performed reconstructive surgery. There is conflict in the record regarding the extent to which Husak’s injuries have impacted his ability to perform daily personal tasks.

After a six-day trial, a jury awarded Husak over $1.8 million in medical expenses, lost earnings, and pain and suffering, dividing the fault equally between Nurse Siegel and Dr. Feldman.

The appellate court found that Florida law does not permit ARNPs to perform acts of medical diagnosis and treatment without supervision. The record showed that Nurse Siegel placed on Husak’s chart and in his file all of the information from which her supervisor, Dr. Feldman, could have made the correct diagnosis. Specifically, had he properly reviewed the charts, he would have seen her note about “popping sounds,” which is an undisputed symptom of a ruptured tendon. The court opined, “[T]here was no specific duty owed by Nurse Siegel to Husak, which was breached by her” and added, “The actual responsibility for the diagnosis lay with Feldman.” Had she failed to record the allegedly tell-tale “popping sounds” on Husak’s chart there would have been a triable issue of nursing negligence.

Additionally, the court found that though the issue is moot in light of the directed verdict, if required to address it, it would rule that there was no evidence to support Husak's claim that the defendant violated the national standard of care for an ARNP. This issue was further addressed in the concurring opinion, which states that the trial court erred by allowing Husak's expert nurse to testify as she was unfamiliar with the standard of care of an ARNP in Florida and thus unqualified.

The combined rulings of the appellate court mean not only that a judgment was to be entered for Nurse Siegel, but also the grounds on which it reversed the lower court ruling have effectively removed any basis for Husak to seek a re-trial.

10-25-2006

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