Law Firm News

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Law Firm News

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Global Guardians Question, Corporate Counsel
Global Guardians Question: Where do the world’s biggest companies turn when they need representation in U.S. courts or before the U.S. Patent and Trademark Office? IP Worldwide, a Corporate Counsel sibling publication, asked the 50 largest global companies to mention the U.S. law firms that they call for U.S. patent litigation and patent prosecution representation. Finnegan Henderson was mentioned three times by global companies for each category. With three mentions, Finnegan Henderson ranked with five other law firms as being the most mentioned for U.S patent litigation counsel, and it shared the second-best ranking with six other law firms most called for U.S. patent prosecution counsel.

08-08-2006

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Gold In The Ivy: Technology Licensing And, Of Course, Related Legal Fees Are Soaring At America’s Top Universities
Virtually every major IP law firm or general practice firm with a strong IP group can wave a college flag. And, law firms are happy with the prestige and revenue that comes with representing a top-flight research institution. Stanford’s Cohen-Boyer patent, which covers the technology involved in cloning, was issued in 1980 and helped the school earn $200 million in licensing revenue. The patent was prosecuted by a San Francisco biotech lawyer and Washington, DC’s Finnegan Henderson enforced it.

08-08-2006

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Patent and Technology Licensing Differ in Value
Finnegan Henderson lawyer Ron Myrick authored this Mass High Tech article that discusses how the licensing of patents and proprietary technology are valuable as part of a comprehensive strategy, but their valuation and impact in the marketplace may be very different. The Sarbanes-Oxley law and the various regulations and standards relating to it may subject a company to new issues of potential liability for effectively impairing or dissipating assets of the company through action, inaction, or improper reporting.

08-08-2006

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Dickinson Wright PLLC

Maurice Jenkins' Appointment to ABA’s Task Force on Sarbanes-Oxley Extended
The incoming President of the American Bar Association has extended Dickinson Wright PLLC attorney Maurice Jenkins' appointment on the ABA Task Force on Implementation of Section 307 of the Sarbanes-Oxley Act. Jenkins has been a member of the Task Force since 2003.

A Member in Dickinson Wright's Detroit office, Jenkins' practice includes representing companies with respect to Sarbanes-Oxley litigation and related internal investigations. He frequently speaks and writes on the topics of retaliation and whistleblower defense strategies. Jenkins is also a member of the Firm's Corporate Governance Task Force which focuses on the ongoing requirements of Sarbanes-Oxley and the evolving related law.

08-08-2006

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Weil, Gotshal & Manges, LLP

Weil Gotshal at the Forefront of Latest Copyright Battle
When the video streaming web site, YouTube, was sued for copyright infringement, the company immediately turned to Weil, Gotshal & Manges and Silicon Valley-based partner Ken Steinthal to defend it in a pivotal dispute over alleged responsibility for online copyright violations associated with user-generated content. According to Mr. Steinthal, who has over 25 years of experience representing traditional and new digital media companies in copyright matters, this legal battle not only affects the immensely popular start-up YouTube, but it could affect more than 150 companies that let users post video. "The lawsuit affects anyone that is involved with user-generated content and doesn't want to take on the burden of censoring content when you're basically a funnel for distribution.

08-08-2006

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Davis Wright Tremaine LLP

Ten Davis Wright Tremaine LLP Attorneys Named Northern California Super Lawyers
Ten San Francisco lawyers from Davis Wright Tremaine LLP (DWT), representing six practice areas, have been selected by their peers as Northern California “Super Lawyers” for 2006.

In addition, Judith Droz Keyes was named one of the Top 50 Female Northern California Super Lawyers. Martin Fineman, partner-in-charge of the San Francisco office noted “Out of the 33 lawyers in our office, ten made this list. We are overwhelmed that so many of our attorneys have been recognized by our peers.” The results of the survey, conducted by Law and Politics, will appear in the August issues of San Francisco Magazine and Northern California Super Lawyers Magazine. DWT’s Northern California Super Lawyers are:

Tom Burke – First Amendment/Media Law
Duffy Carolan – First Amendment/Media Law
Martin Fineman – Business Litigation Law
Steve Greenwald – Energy and Natural Resources Law
Gerry Hinkley – Health Care Law
Judith Droz Keyes – Employment and Labor Law; Top 50 Female Super Lawyers
Steve Lipton – Health Care Law
Ed O’Neill – Energy and Natural Resources Law
Clark Stanton – Health Care Law
Suzanne Toller – Administrative Law

As conducted by Law & Politics, Super Lawyers are found through an extensive research and survey process, starting with peer nominations. From this selection, only the top five percent of northern California’s attorneys are named Super Lawyers. For more information on Super Lawyer listings, visit www.superlawyers.com.

08-08-2006

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Schwartz, Cooper, Greenberger & Krauss, Chtd.

Employment Law -- "Sound Bites"
This article contains a brief overview of some interesting and instructive cases and developments in the field of employment law.

FMLA/RETALIATION
An employee who was continually harassed by her supervisor after she requested a leave of absence was awarded $107,572 in liquidated damages, in addition to other damages, for retaliation in violation of the Family and Medical Leave Act. The employee, a drill operator, was moved to different machines, disciplined for taking sick days not covered by the FMLA, and punished for returning late from breaks, while others who had not requested FML were not treated similarly

DISABILITY DISCRIMINATION
An employee who used marijuana for medical purposes to relieve muscle spasms that allegedly limited his ability to sleep was deemed not disabled or entitled to accommodation by a court when he was unable to pass his employer’s drug test.

SEX DISCRIMINATION/DISCHARGE
A female employee who was discharged by the company’s owner after the owner’s wife made him choose between her, his “best employee,” and his marriage was not discriminated against where the employee had engaged in consensual physical conduct with the owner and had written sexually suggestive notes to him. The court found that the basis for the employee’s discharge was not her sex but was the owner’s decision to placate his wife’s concerns.

SEXUAL HARASSMENT
Title VII does not cover harassment by a supervisor who sexually harassed both a female and male employee (a married couple). The court held that under such circumstances the employees could not prove that the harassment had occurred “because of sex,” as required under Title VII to support such claims. One judge noted that a case of “equal opportunity harassment” might be covered by Title VII if the harassment was not so equal and thus discriminated against one sex or the other.

RACIAL HARASSMENT/ASSOCIATIONAL DISCRIMINATION
A white construction worker has been allowed to proceed to trial on his claim of hostile environment racial harassment that allegedly began when his new plant manager discovered he was married to an African-American woman. The manager was allegedly abusive over a two to three week period, using racial and other abusive epithets and sending the employee to shovel rocks after he complained to the manager’s superior.

FLSA/NO DEDUCTIONS FOR UNIFORMS AND CLEANING
The Wage and Hour Division of the U.S. Department of Labor released an opinion letter last month holding that restaurants may not deduct uniform and cleaning expenses from the tips and wages of tipped employees, even if the employee signs an agreement authorizing the deductions. The Department of Labor reasoned that employers who require tipped employees to wear a specific, clean uniform for work cannot then require that employees pay for the uniform and cleaning if it would reduce the employees’ wages below the Fair Labor Standards Act minimum wage requirements.

For further information regarding these cases or topics, please contact Joan M. Eagle at (312) 845-5439 or jeagle@schwartzcooper.com.

08-08-2006

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