Law Firm News

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Law Firm News

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Jenner & Block LLP

Neumeier & Hansen Address Remedy Issues Under Civil RICO Claims
Attorneys defending their clients against civil Racketeer Influenced and Corrupt Organizations (RICO) Act claims may soon enjoy clarification by the U.S. Supreme Court on a complex remedy issue prescribed by the act, according to a recent article by Jenner & Block Partner Matthew M. Neumeier and Associate Brian D. Hansen that was published by The National Law Journal.

The Supreme Court will address in Ideal Steel Supply Corp. v. Anza the degree of causation and injury plaintiffs need to show in order to recover treble damages under the Act. Treble damages may be recovered if plaintiffs can show that injury to their businesses or property was proximately caused by fraud or other criminal acts under the RICO statute. However, according to the article, some lower courts disagree on how plaintiffs must show causation of the injury. Regardless of the outcome, the attorneys wrote, Ideal Steel “should provide RICO litigants with much needed clarification on causation and injury issues.”

The article also addressed the split in the Circuits regarding the availability of disgorgement in civil RICO cases, and whether a private plaintiff prosecuting a civil RICO claim has standing to obtain injunctive relief. In National Organization of Women Inc. v. Scheidler, the Supreme Court was to address whether private plaintiffs have standing to request injunctive relief under the Act or if that remedy is reserved for government RICO prosecutions. However, soon after The National Law Journal article was published, the Court issued its decision on Scheidler, ruling there was not an underlying RICO violation to support plaintiff’s claim. As a result, and as The National Law Journal article predicted, the Court did not reach the injunctive relief issue.

The Supreme Court heard oral arguments in Ideal Steel on March 27, 2006.

Please click here to view The National Law Journal article.

03-31-2006

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Jenner & Block LLP

Graham Honored by Chicago Appleseed Fund for His Commitment to Social Justice
Jenner & Block Partner Robert L. Graham was honored for his commitment to social justice and community service by the Chicago Appleseed Fund for Justice at its “Bridging the Gap” gala that was attended by over 200 people on Wednesday evening. Mr. Graham has served on the Fund's Board of Directors for many years, helping to guide the organization in its mission to identify social justice and government effectiveness issues.

Randall E. Mehrberg, Executive Vice President and Chief Legal Officer of the Exelon Corporation and former Jenner & Block Partner, presented the Appleseed award to Mr. Graham. Among other things, Mr. Mehrberg highlighted Mr. Graham’s commitment to the legal issues of the less fortunate and his encouragement of others to take on pro bono matters and otherwise help the needy.

Stephen F. Gates, Senior Vice President Legal and General Counsel of ConocoPhillips Co. and former partner at Mayer, Brown, Rowe & Maw LLP, was also honored at the event. Debora de Hoyos, managing partner of Mayer Brown, noted Mr. Gates’ work promoting the public interest by reforming the civil justice system and maintaining focus on pro bono cases.

Fay Clayton, a celebrated advocate of civil rights and women’s issues and former chair of the Fund for Justice, delivered the keynote address. In addition to praising the honorees’ history in public service, Ms. Clayton emphasized that pro bono was not only a duty but also an honor. She encouraged the audience to remain focused on pro bono work as it is one of the best ways to make a positive change in society and help bring justice to those with the greatest need.

Partner Daniel R. Murray served as co-chair of the “Bridging the Gap” gala. Jenner & Block also sponsored the event.

Pictured, above (from left): Mr. Mehrberg; Mr. Graham; and William A. Von Hoene, Jr., Senior Vice President and General Counsel of the Exelon Corporation and a former Jenner & Block Partner.

Pictured, below (from left): Linda Singer, Executive Director of Appleseed, the national network of Appleseed public interest law centers; Mr. Graham; and Malcolm Rich, Executive Director of the Chicago Appleseed Fund for Justice.

03-31-2006

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Jenner & Block LLP

Amicus Brief Urges Appeals Court to Release Two Guantanamo Bay Detainees
Jenner & Block recently filed an amicus brief on behalf of several retired judges to urge the United States Court of Appeals for the District of Columbia Circuit to release two detainees at Guantanamo Bay, Cuba by granting their writs of habeas corpus.

Petitioners Abu Bakker Qassim and Abdu' Al-Hakim, according to the brief, have been unlawfully detained in Guantanamo Bay for years, even after a U.S. Combatant Status Review Tribunal determined they are not “enemy combatants” as part of the U.S. War on Terrorism. Messrs. Qassim and Al-Hakim had sought release from the facility by filing a writ of habeas corpus in a federal district court, but their request was denied. Although finding that the Government's continued detention of these two non-combatants was ""unlawful,"" the court ruled that it lacked the authority to issue the writ in the matter.

The Firm’s brief, filed in the U.S. Court of Appeals for the District of Columbia Circuit, argues that the writ of habeas corpus traditionally “authorizes and requires the federal court to order the release of a person unlawfully imprisoned by the Executive.” Therefore, the brief says, the court is obligated to grant petitioners’ claim for relief under the writ. Failure to grant the writ, according to the brief, “would raise serious separation of powers concerns.” The amici also stated ""their strongly held view"" that the lower court was ""mistaken in its conclusion that the courts are powerless to remedy unlawful detention.""

The brief was filed by Partner Lorelie S. Masters and Associate Scott B. Wilkens in conjunction with the Brennan Center for Justice at New York University School of Law. It was filed on behalf of the following former federal judges: John J. Gibbons, former Chief Judge of the United States Court of Appeals for the Third Circuit; Shirley M. Hufstedler, former Judge of the United States Court of Appeals for the Ninth Circuit; Timothy J. Lewis, former Judge of the United States District Court for the Western District of Pennsylvania and of the United States Court of Appeals for the Third Circuit; William A. Norris, former Judge of the United States Court of Appeals for the Ninth Circuit; H. Lee Sarokin, former Judge of the United States District Court for the District of New Jersey and of the United States Court of Appeals for the Third Circuit; and William S. Sessions, former Judge of the United States District Court for the Western District of Texas.

03-31-2006

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Womble Carlyle Sandridge & Rice, PLLC

Case Study: Arbitration Nets Victory for Pharmaceutical Manufacturer
When a pharmaceutical company became involved in a dispute with a business partner, Womble Carlyle attorney Mark Henriques aggressively represented his client’s interests. In March, 2006, an arbitrator agreed that Henriques’ client, Pisgah Labs, was entitled to reimbursement for work performed – and awarded Pisgah Labs the full amount requested in the case.

AT ISSUE:
Pisgah Labs, a Brevard, N.C.-based pharmaceutical manufacturer, agreed to work with an Ohio company to develop new generic pharmaceutical products. The two parties formed a limited liability company (LLC) and agreed that each side would split the expenses equally.

But when the time came for Pisgah Labs to be reimbursed for the costs of developing a pharmaceutical ingredient, officials from the other company claimed they didn’t owe anything to their business partner, even though Pisgah Labs had performed most of the work and incurred most of the expenses. In fact, the company said Pisgah owed them reimbursement money.

Henriques pursued the claim in an American Arbitration Association (AAA) hearing. During the two-day hearing, Henriques brought in expert witnesses, independent of either company, who showed the arbitrator why Pisgah Labs rightfully was entitled to reimbursement. By contrast, the other company presented no outside expert witnesses.

SUMMARY/DECISION:
Both sides were asked to submit briefs outlining their reimbursement requests following the hearing. Arbitrators often “split the baby” by reaching some type of compromise judgment. But arbitrator B. Gail Reese awarded Pisgah Labs $451,335.50 – the amount Pisgah Labs requested to the penny.

IMPLICATION:
Henriques proved that Womble Carlyle is adept in handling AAA arbitration cases, winning a total victory for the client. After the decision, Pisgah Labs Vice President Cliff King wrote Henriques to say, “Your approach was so well thought out…it was amazing to us how well you assembled complex facts, responded to the enemy’s attacks and disassembled them piece-by-piece.”

ABOUT THE ATTORNEY:
Mark Henriques is a proven trial attorney with particular experience handling commercial and corporate business disputes. He practices in Womble Carlyle’s Charlotte office in the Business Litigation Practice Group.

03-31-2006

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Mintz, Levin, Cohn, Ferris, Glovsky & Popeo P.C.

The Massachusetts Judges Conference Recognizes Mintz Levin Attorney Francis X. Bellotti
Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. today announced that Francis X. Bellotti will be recognized by the Massachusetts Judges Conference at the 2006 Judicial Excellence Awards banquet being held on Thursday, April 6, 2006.

The Massachusetts Judges Conference (MJC) is a private, non-profit organization for state judges, and is the only formal membership organization representing the interests of all the judges in Massachusetts. The MJC's ""Judicial Excellence Award"" recognizes judges who have demonstrated a commitment to judicial excellence and jurisprudence; shown leadership qualities in activities on and off the bench; demonstrated courage or a willingness to work unselfishly to benefit society, the legal system or fellow judges; maintained the highest standards of performance and been respected by those he or she works with or serves; and have been an active judge and a member of the Massachusetts Judges Conference.

Mr. Bellotti is Of Counsel to the firm's Boston office and practices in the Litigation Section. Prior to joining Mintz Levin in 1991, Mr. Bellotti had been a prominent figure in the Massachusetts legal and political communities for nearly forty years, serving as Lieutenant Governor, Attorney General for the Commonwealth of Massachusetts, Chairman of the National Association of Attorneys General Consumer Protection Committee and also President of the Association.

He received his A.B. from Tufts University in 1947 and his LL.B. from Boston College Law School in 1952. Mr. Bellotti has also received honorary law degrees from the New England School of Law and the Fletcher School of Law and Diplomacy.

Mintz Levin is an AmLaw 100 law firm with offices in the US and the UK. The firm has exceptional depth in a broad range of practice areas, but our clients recognize that what sets us apart from other law firms is our industry focus. By truly understanding business drivers and industry trends, we are able to provide our clients with more than just legal advice. We provide legal solutions to our clients' business issues. Since 1933, our lawyers have represented entrepreneurs, emerging growth companies, government agencies, and leaders in primary industries that include Life Sciences/Biotechnology; Technology & Communications; Financial Services & Insurance; Healthcare; Real Estate, Hospitality & Construction; and Retail & Consumer Products. Our practical knowledge combined with our industry expertise enables us to provide our clients with enterprise legal advice that gives their business a competitive advantage in the marketplace.

03-31-2006

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Goodwin Procter, LLP

Goodwin Procter Announces New Practice Chairs in Intellectual Property Practice Group
Goodwin Procter LLP, one of the nation’s leading law firms with offices in Boston, New York and Washington, DC, today announced new practice chairs within its Intellectual Property Practice Group. The new leaders are: Anthony Downs, chair, Intellectual Property Litigation Practice; and Stephen Charkoudian, chair, Intellectual Property Transactions & Strategies Practice.

Goodwin Procter has more than 150 litigators, transaction lawyers, patent attorneys and scientists dedicated to maximizing the intellectual property assets of its clients. The firm has the depth of expertise of a boutique IP firm with the corporate and litigation resources of an AmLaw 100 law firm. Firm litigators, transaction lawyers, patent attorneys and scientists help clients with protecting and defending intellectual property rights, technology procurement, marketing initiatives, strategic deal structuring and licensing.

Goodwin Procter has been ranked by IP Law & Business as one of the nation’s top intellectual property defense firms, and the firm represents national and international companies in a broad cross-section of industries, including those involving pharmaceuticals, biotechnology, telecommunications, medical devices, media and entertainment, and computers and software.

Goodwin Procter’s practice area leadership structure enables the firm to increase efficiency, manage growth and foster innovation within its practices, which all contribute to strengthening the service the firm provides to its clients. These leadership positions are critical to the firm’s success and offer opportunities for personal and professional growth.

About Goodwin Procter LLP
Goodwin Procter LLP is one of the nation’s leading law firms. The firm’s core areas of practice are corporate, litigation and real estate, with specialized areas of focus that include financial services, private equity, technology companies, REITs and real estate capital markets, intellectual property and products liability. Goodwin Procter is headquartered in Boston, with offices in New York and Washington, DC.

03-31-2006

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Paul, Weiss, Rifkind, Wharton & Garrison LLP

Theory Acquires Helmut Lang Brand
Marc E. Perlmutter, Didier Malaquin


On March 31 our client Link Theory Holdings, the owner of the Theory contemporary clothing brand, completed its acquisition of the ""Helmut Lang"" trademarks and certain related worldwide intellectual property rights and business archives from the Prada Group. Prada first obtained a majority interest in the Helmut Lang business in 1999 and acquired full ownership in 2004 but sales of the Helmut Lang line of shoes, bags and leather accessories have been limited since the designer resigned from Prada more than a year ago. Theory intends to relaunch the Helmut Lang brand in New York City with both men's and women's collections for the spring/summer 2007 season and plans to limit distribution of the brand to a select group of innovative contemporary retailers around the world.

The Paul, Weiss team, which began working on this transaction last month, included corporate partner Marc Perlmutter, counsel Didier Malaquin, associate Kathleen Kerr and paralegal Sarah Kaskel. Associates Claudine Meredith-Goujon and Elizabeth Moody provided IP advice.

03-31-2006

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