Law Firm News

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Law Firm News

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Squire, Sanders & Dempsey, L.L.P.

THE ANTITRUST COUNSELOR; ANTITRUST EXTRADITION: AN EMERGING RISK
This article addresses recent developments that have increased the ability of the Antitrust Division of the United States Department of Justice to apprehend and prosecute non-US citizens for violations of US antitrust law.

08-15-2006

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Schiff Hardin LLP

SCHIFF HARDIN LLP WELCOMES JESSICA WELTMAN AS AN ASSOCIATE IN THE NEW YORK CITY OFFICE
Schiff Hardin LLP has added Jessica Weltman as an associate in the Real Estate Group of the New York City office. She joins the firm from Willkie Farr & Gallagher LLP (New York City), where she was a litigation associate since 2004.

While attending law school, Ms. Weltman was involved in various volunteer and teaching positions. She was a teaching assistant for a class on real estate transactions at The Wharton School of the University of Pennsylvania in Philadelphia. She also volunteered to assist low income Philadelphia residents in the preparation of tax forms. In addition, she taught 4th and 5th Amendment rights to local high school students in a program designed to communicate constitutional concepts through the Street Law Program at the University of Pennsylvania School of Law in Philadelphia.

Ms. Weltman received her undergraduate degree (B.A., 2000) from Emory University and her law degree (J.D., 2004) from University Pennsylvania Law School, where she was an Associate Editor of the Constitutional Law Journal. She is admitted to practice in New York and Connecticut.

Schiff Hardin LLP, founded in 1864, has more than 350 attorneys and is headquartered in Chicago with additional offices in New York, New York; Washington, D.C.; Atlanta, Georgia; Lake Forest, Illinois; and Dublin, Ireland.

08-15-2006

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Fish & Richardson, P.C.

New Corporate and Securities Co-Chairs and Austin Lawyers
Fish & Richardson P.C. today announced that principal Lori S. Hoberman and principal Roger D. Feldman have been named Co-Chairs of the firm's Corporate and Securities Group. Ms. Hoberman is resident in the firm's New York office and Mr. Feldman is resident in the firm's Boston office. Ms. Hoberman will also continue to Chair of the firm's Venture & Technology Group, a specialized practice that focuses on the needs of start up and emerging growth companies.

Fish & Richardson has been built a high-level, strategically focused Corporate and Securities Group to complement its premier intellectual property and technology law practice. The group offers services that are the product of a singular hybrid of corporate and technology law. The new co-chairs bring extensive experience to their roles and will work closely together to continue to grow the firm's Corporate and Securities Group.

""We are excited to have Lori and Roger take on this important leadership position at our firm,"" said Peter Devlin, President of Fish & Richardson P.C. ""Our corporate and securities attorneys work side by side with the best and the most experienced patent attorneys in the country to offer clients advice that is enriched by a deep understanding of technology and intellectual property. This is a nuanced practice area. Lori and Roger are uniquely qualified to lead this group.""

Ms. Hoberman focuses her practice on working with early, mid- and later-stage venture backed companies, principally in the consumer, media, life science, and technology sectors. She is also involved with the structuring and formation of, and tax planning for, domestic and international private equity funds, joint ventures, and other strategic alliances. Ms. Hoberman has written for numerous publications and speaks frequently at seminars and conferences on various tax and venture capital issues. She received her LL.M. in 1991 in taxation and her J.D. in 1989 from New York University School of Law and her B.A., cum laude, from Queens College in 1986.

Mr. Feldman has over 35 years of experience with high-level mergers and acquisitions, public and private securities offerings, and general corporate transactions. He has served as corporate counselor and advisor to a broad range of clients from entrepreneurs, to maturing companies, to major corporations. Mr. Feldman also frequently works on international projects and has negotiated the establishment of start-up companies and joint ventures in more than a dozen countries throughout the world. Mr. Feldman received his J.D. from Boston University School of Law in 1970 and his B.A., cum laude, from Harvard College in 1967. He is listed in the Chambers USA list of best lawyers for business and in The Best Lawyers in America.

In Austin, Texas, Fish & Richardson has added seven new attorneys to its Corporate and Securities Group, creating one of the Austin's top corporate transactional practices. This includes principals Edward A. Cavazos, Kinloch Gill III, and Steven M. Tyndall; of counsels Craig Jepson, Millicent M. Lundburg, and Gavino Morin; and associate Alfred M. Macdaniel Jr. All of the attorneys joining Fish & Richardson previously were with the Austin office of Andrews Kurth.

With the new additions, Fish & Richardson becomes one of the rare Austin law firms with the capability to represent technology companies from startup to patent portfolio management to protecting intellectual property to a liquidity event.

Founded in 1878, Fish & Richardson is one of the largest law firms in the U.S. practicing exclusively in the areas of intellectual property, litigation, and corporate law. The firm has over 400 attorneys and technology specialists in 10 offices nationwide. Fish & Richardson has long represented great innovators and entrepreneurs, including pioneering inventors such as Alexander Graham Bell, Thomas Edison, and the Wright Brothers. Fish & Richardson handles more patent litigation than any other law firm in the U.S. (IP Law & Business July 2006). It is the top firm in patent cases at the International Trade Commission and rates among the top U.S. firms in patents and trademarks obtained.

08-15-2006

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Fish & Richardson, P.C.

Fish & Richardson Wins in Court for San Diego Company Developing Bird Flu Treatment
Fish & Richardson P.C. announced on August 15, 2006 that a United States District Court judge in San Diego has dismissed a lawsuit against NexBio, Inc., a local biopharmaceutical company developing therapeutics for the prevention and treatment of human respiratory viruses including bird flu, on the grounds that the alleged patent and other federal claims had no merit. NexBio was represented by Nancy L. Stagg, a principal with the law firm of Fish & Richardson P.C.

The lawsuit was filed in September 2005 by Perlan Therapeutics, a company originally founded by the principals of NexBio. Perlan claimed that NexBio and its principals used technology, inventions and confidential information misappropriated from Perlan. NexBio denied the claims and brought a motion to dismiss the federal claims. U.S. District Court Judge Roger T. Benitez granted NexBio's motion to dismiss and entered judgment in favor of NexBio and its principals.

""The dismissal of the lawsuit will now allow the devoted team at NexBio to fully focus on finding a treatment for the avian flu,"" says Stagg.

In 2005, NexBio received the ""SCIENTIFIC AMERICAN 50"" Award for medical treatment from Scientific American magazine for developing Fludase® (DAS181), a novel broad-spectrum influenza medicine that may prevent and treat annual influenza epidemics, parainfluenza, and defend against the impending avian influenza pandemic.

In 1997, Mang Yu, Ph.D., NexBio's Chief Executive Officer, and Fang Fang, M.D., Ph.D., NexBio's Chief Scientific and Medical Officer, founded CFY Biomedicals, which later changed its named to Perlan Therapeutics. Dr. Yu left Perlan in 2001 and formed NexBio in 2002. Dr. Fang left Perlan and joined NexBio in 2003.

""Perlan filed the lawsuit more than three years after Dr. Yu started NexBio, and only after Drs. Yu and Fang and NexBio began receiving well-deserved public recognition for their influenza research."" stated Stagg. ""The District Court agreed with NexBio that Perlan's federal claims had no legal basis.""

NexBio's mission is to develop novel, broad-spectrum prophylaxis and therapeutics for the prevention and treatment of serious or life-threatening human respiratory infectious diseases, both to save lives and to improve the quality of life. www.nexbio.com

08-15-2006

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Buchanan Ingersoll & Rooney PC

Labor and Employment Attorney David Laurent's Addition to Buchanan Ingersoll & Rooney Noted in Pittsburgh Post-Gazette
Labor and Employment attorney David J. Laurent's recent decision to join Buchanan Ingersoll & Rooney was noted in the August 14, 2006, issue of the Pittsburgh Post-Gazette. Laurent is a shareholder in the firm's Pittsburgh office.

Laurent focuses his practice on a range of labor, employee benefits and employment matters, with a particular emphasis on the coal, steel and refractories industries.

08-15-2006

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McCormick Barstow LLP

Mason gets defense verdict in a claimed $3.4 million wrongful death case
McCormick Barstow partner Gregory S. Mason was successful in obtaining a defense verdict for his client in an emotionally difficult wrongful death case. The trial, which took place in Fresno Superior Court, involved the drowning of a two-year-old girl during a Fourth of July family gathering.

The defendants in this case were the young girl’s uncle and aunt, and the incident took place at their Fresno home. The residence, pursuant to The City of Fresno Municipal Code, was equipped with door exit alarms when the pool was constructed and permitted for occupancy in late May 2003. The door exit alarms were designed to emit a continuous, high-pitched alarm until an exit door affording direct access to the pool was closed, so as to give notice to those in or around the home that somebody had opened an exit door. In the weeks prior to the accident, the door exit alarms at defendants' residence were removed. The plaintiffs, who were the decedent’s parents, requested and received a negligence per se jury instruction, wherein a violation of law was deemed conclusive against defendants with regard to the removal of the door exit alarms. The plaintiffs also contended that the failure to keep the door exit alarms in place, along with the defendants' failure to activate a pool surface tension alarm that defendants had installed at decedent's grandparents' wishes, were substantial factors in causing decedent's death.

The defendants contended that the pool surface tension alarm should not have been activated, because: 1) people swam in the pool earlier in the day; 2) a waterfall that was running into the pool during dinner would have activated the pool surface tension alarm; and 3) it was anticipated that there would be post-dinner swim activities in the pool. They also argued that the absence of the door exit alarms was not a substantial factor, because the decedent was observed by her grandmother standing in the backyard near her father moments before he went inside to use the restroom. He was the last known adult to have been in the backyard prior to the time decedent was found in the pool.

While the plaintiffs requested that the jury award $3.4 million in damages, the jury returned a unanimous verdict finding that the defendants were negligent. However, the jury awarded a defense verdict in favor of the defendants by finding that the negligence was not a substantial factor in causing decedent's death.

08-15-2006

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Stites & Harbison PLLC

6th Circuit Rules in Mortgage Note Assignment Case
The 6th Circuit has issued a significant decision protecting the integrity of secondary mortgage market transactions.

In Rogan v. Bank One, a borrower's bankruptcy trustee sought to avoid a mortgage loan that had been transferred to a securitization pool in the secondary mortgage market, arguing that the bank's failure to record an assignment of the mortgage resulted in a loss of its perfection.

The Bank, represented by Stites & Harbison attorney Richard A. Vance, responded that it held the original promissory note, indorsed in blank, and that possession of the note constituted perfection, giving it the right to enforce the mortgage by operation of law, notwithstanding the lack of recording of an assignment.

In an opinion recommended for full-text publication, the Sixth Circuit rejected the trustee's argument, which would have disrupted transactions involving billions of dollars in mortgage loans. The Court held that the keys to establishing the Bank's right to enforce the mortgage were possession of the note and the initial recording of the mortgage against the borrower. Further, the Court held that the Bank's actions in recording the assignment post-petition were not in violation of the automatic stay.

Importantly, the Court implicitly rejected the rationale of In re Maryville Savings & Loan Corp., 743 F.2d 413 (6th Cir. 1984), which seemed to hold that a mortgage loan can be bifurcated, with one party holding a perfected interest by possession in the note and a different party holding a perfected interest by recording in the mortgage. This troublesome case has irritated practitioners for two decades and was specifically criticized by the drafters of Revised Article Nine. UCC 9-109, Official Comment 7.

08-15-2006

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