Law Firm News

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Law Firm News

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Lester Schwab Katz & Dwyer, LLP

Court Grants Summary Judgment to Insurer Based on Mold Exclusion
Court Grants Summary Judgment to Insurer Based on Mold Exclusion
Attorneys:
Seth I. Weinstein
Judge Gerald C. Escala of the Superior Court of New Jersey granted a motion for summary judgment filed by Seth I. Weinstein of LSK&D on behalf of QBE Insurance Corp ("QBE"). QBE denied coverage to its insured, a condominium association, on grounds that plaintiff did not allege an "occurrence" or "property damage", as defined in the policy, during the QBE policy period. We argued that since the water damage incident and resulting mold occurred prior to the QBE policy period, there was no "occurrence" during the QBE policy period, and, further, that the mold exclusion contained in the QBE policy precluded coverage. Judge Escala held that the "policy clearly contains a mold exclusion" and that "the plain language of the policy supports QBE's interpretation of what is an 'occurrence.'" Co-defendant Sirius American's motion for summary judgment was denied. Sirius argued that there was no occurrence under its policy period, which was prior to the QBE policy period, because plaintiff first purchased the unit during the QBE policy period, and could thus not have sustained property damage during the Sirius policy period. Judge Escala held it was sufficient that plaintiff's complaint alleged water damage and mold during the Sirius term. A copy of the decision is attached. Please feel free to contact Seth I. Weinstein if you have any questions whatsoever.

02-08-2006

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Hodes, Ulman, Pessin & Katz, P.A.

Hodes Honored with PSU’s Service to Society Award
Michael Hodes was just honored by Penn State’s College of the Liberal Arts (Alumni Society), with the Service to Society Award.
The Award recognizes Liberal Arts alumni who, in their volunteer time, have significantly enhanced the quality of life at the local, state, national, or international level. Out of a number of noteworthy alumni who were nominated this year, Michael was the one selected by the awards committee to receive this prestigious award!
He will accept his Service to Society Award at a reception on Thursday, March 23, 2006 at the famous Nittany Lion Inn, in State College, PA.

02-08-2006

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Lee & Hayes, pllc

Entrepreneurs Who Make a Difference
Lewis Lee, a graduate of Washington State University College of Engineering and Architecture, speaks to WSU students participating in the Entrepreneurship Institute.

Innovation, Fall 2005

Meet some of our entrepreneurial CEA alumni and see the difference they’ve made in their communities, the region, the state, and the nation. This summer they offered their advice to students participating in the Entrepreneurship Institute.


Lewis Lee (5th from left) and Bob Olsen (5th from right) with entrepreneurship students.

Lewis Lee graduated from WSU with degrees in electrical engineering and business administration. He later earned a law degree at George Washington University. He and Dan Hayes (’82 B.S. Elec. Engr.) started Lee & Hayes in 1994, specializing in intellectual property law for various technology fields. With offices in Spokane, Seattle, and Denver, their clients include Hewlett-Packard, Microsoft, Honeywell, BellSouth, St. Jude Medical, and General Electric. They also frequently counsel technology-based startup companies. “We are very fortunate and privileged to represent great clients,”said Lee.

During the early stages, the firm offered particular knowledge in patenting software, which was not common at the time. Staying true to those roots, Lee & Hayes was recently ranked first for highest quality software and computer patents in a national IP publication. Building on that foundation, the firm has grown and diversified into other technologies, including semiconductors, biotech, medical devices, and wireless technologies.

Advice to Students
“The best marketer of your idea is you. Even if you have a great idea, youstill need a successful business plan. Intellectual property should be a part of planning as much as distribution, financing, and marketing.”

Venture capitalists want to know your IP strategy—the earlier the better. It’s their insurance. As an entrepreneur, you need to be “honest and objective” about what you can deliver. “Credibility is extremely important.”

Being able to speak and write clearly about your proposals is essential. “Communication is critical,” he said.

02-07-2006

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LeClairRyan

Morse Elected to 2006 Executive Office of Virginia Chamber of Commerce
Clinton S. Morse, a partner in the Firm's Roanoke office, has been elected the 2006 Vice Chairman – Valley, Officer of the Executive Board, for the Virginia Chamber of Commerce. The Virginia Chamber is an advocate for Virginia’s entire business community. Its statewide membership includes Fortune 500 firms that ship worldwide and small family firms trading on Main Street, speaking for entrepreneurs and leaders in every business sector who share a common understanding that Virginia’s strong business climate is key to Virginia’s prosperity.

Click HERE for more information.

02-07-2006

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Kronish, Lieb, Weiner & Hellman, L.L.P.

Kronish Lieb Wins Significant Decision in $500 Million Fraud Case for Allied Irish Banks
Kronish Lieb litigators have obtained a significant victory for client Allied Irish Banks, PLC ("AIB") in its $500 million case against Citibank and Bank of America, arising out of a rogue employee's trading at AIB's subsidiary Allfirst in 2002. In an opinion dated January 31, 2006, United States District Judge Deborah A. Batts denied the defendants' motions to dismiss and permitted AIB to proceed on all but one of its claims.

AIB's complaint alleges that Citibank and Bank of America facilitated the former rogue employee's fraud, helped hide his actions, and reaped enormous profits from these activities. "The Bank intends to prosecute the case vigorously," said Kronish Lieb Managing Partner Alan Levine.

In addition to Mr. Levine, the Kronish Lieb litigation team for AIB includes partner Stephen L. Ascher and associates Jeffrey E. Gross and Ian Ross Shapiro.

02-07-2006

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Kramer, Levin, Naftalis & Frankel, LLP

Dunn Elected NYSBA Immigration Committee Co-Chair
Business Immigration Special Counsel Matthew Dunn has been elected Co-Chair of the New York State Bar Association Committee on Immigration and Nationality.


02-07-2006

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Keller & Heckman LLP

President's Budget Proposal Would End FCN Program
On February 6, 2006, the Administration released the president's budget for Fiscal Year 2007 for the Food and Drug Administration. In a major blow to the packaging industry, the president is proposing that the Food Contact Notification program be discontinued.


In the consolidated narrative of the FDA 2007 budget, on page four, under the heading "Performance Analysis," the FDA states:



. . . the FDA Modernization Act (FDAMA) established a notification program for food additives that are food contact substances (e.g., packaging materials). Under the provisions of this notification, a food contact substance may be marketed 120 days after notification unless the agency objects. As part of the FY 2007 strategic redeployment of resources to fund higher priority FDA programs (e.g., food defense and pandemic influenza), this program will be discontinued.
For more information click here.


Keller and Heckman LLP is working closely with The Society of the Plastics Industry, Inc. (SPI) to form a coalition of companies and trade associations to lobby Congress and the Administration to reinstate funding for the FCN program. If you are interested in updates on the coalition's activities, please let us know immediately and we will get you the appropriate details once available.


Since its implementation in January 2000, over 500 FCNs have become effective. The program has been extraordinarily successful, as it has cut FDA review times from a standard of two to five years, sometimes longer (with food additive petitions), to 120 days for FCNs.


If the budget proposal is adopted unchanged, the only available option to clear food contact substances will once again be the filing of food additive petitions. Without the additional FDA resources available to review such filings, the years-long delays companies experienced in seeking amendment of the food additive regulations are unfortunately assured. Working with SPI, we will devote all of our available resources to prevent such an outcome.


For further details on the budget proposal, please feel free to call any of your contacts here at Keller and Heckman. Again, we welcome your help; details on participating in the industry coalition will be provided later.

02-07-2006

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