Law Firm News

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Law Firm News

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Simpson, Thacher & Bartlett, LLP

Court Grants Summary Judgment in Favor of Simpson Thacher Client, J.P. Morgan Securities Inc.
On January 11, 2006, an Oklahoma state court granted summary judgment in favor of J.P. Morgan Securities Inc. (“JPMSI”) in an action brought against it by Commercial Financial Services, Inc. (“CFS”). CFS is the former high-flying collections firm that was said to have revolutionized the business of collecting on bad debt, specifically charged-off credit card receivables, which were purchased from banks that issued credit cards to consumers. CFS financed these purchases using lines of credit and asset-backed securitizations. CFS collapsed into bankruptcy after an anonymous letter exposed a massive fraud at CFS.

CFS’s bankruptcy estate sued JPMSI and its other professionals, including Mayer, Brown, Rowe & Maw LLP and Arthur Andersen LLP, seeking $1.3 billion in damages based on those professionals’ alleged professional negligence and breach of fiduciary duty in connection with work for CFS. Motions to dismiss were denied and discovery was conducted, following which the other professionals settled with CFS. JPMSI, however, sought summary judgment on the grounds that the undisputed facts developed in discovery belied CFS’s allegations of the existence of a fiduciary duty or the breach of any duty, fiduciary or otherwise, owing to CFS, and that, in any event, CFS’s claims were barred by the wrongdoing of CFS’s former employees that JPMSI established on the motion. After briefing and argument, the Court granted the motion. The action had been set for jury trial commencing on April 17. 2006.

The Simpson Thacher team includes Tom Rice, Joe Wayland, Michael Nathan, Joe Tringali, Mark Thompson, Linda Martin, Christine Ford, Julie Rikelman, Tinu Awe, Nicole Friedlander, Bill Ferullo, Charlie Divine, Ryan Kane, Matthew Katz and Jeremy Saks. The team was ably assisted by paralegals Doug Henderson, Ariel Risinger, Tracy Williams, Joseph Law, Mollie Kornreich, Katherine Mardy and Arden Wilkinson.

01-18-2006

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Sheppard, Mullin, Richter & Hampton, LLP

Sheppard Mullin Grows Intellectual Property Practice in Del Mar Heights
Sheppard, Mullin, Richter & Hampton LLP is pleased to announce that Mauricio Flores and David Heisey have joined the firm's Del Mar Heights office. Flores and Heisey join as members of the Intellectual Property practice group. Flores was most recently with McDermott, Will & Emery in Orange County. Heisey was most recently with Luce Forward in San Diego.

Dick Kintz, managing partner of the Del Mar Heights office, commented, "We are very pleased to welcome Mauricio and David to the Del Mar office. They are a perfect fit with the office's already busy IP practice, and with them, we will now have additional capacity."

Gary Clark, chair of the firm's Intellectual Property practice group, commented, "Mauricio and David are excellent additions to the firm's IP group. Both have extensive backgrounds in technology-related IP and long-term professional ties to the region."

Flores' practice is focused primarily on life sciences and biotechnology patent infringement and trade secret disputes. He has handled numerous high-profile biotechnology cases and has extensive experience as a trial lawyer in federal and state courts, as well as state and federal administrative tribunals. Flores has had significant involvement in cases concerning licensing disputes and the ownership of patent rights to federally-funded research under the Bayh-Dole Act. Prior to joining McDermott, Mauricio was a founding partner of Campbell & Flores, a San Diego-based biotech intellectual property law firm. He clerked for the Chief Justice of the California Supreme Court and served as a trial attorney for the U.S. Department of Justice, Civil Division, under the Department’s Honor Law Graduate Program. Most recently Flores was lead counsel for Integra LifeSciences in the seminal case decided by the Supreme Court in June 2005 involving the scope of the exemption for patent infringement for FDA-related activities under the Hatch-Waxman Act. He argued on Integra’s behalf before the Supreme Court after winning a 28-day jury trial and prevailing on appeal to the Federal Circuit. Flores received a J.D. from Harvard Law School in 1977 and a bachelor's degree from San Diego State University.

Heisey is a registered patent attorney with experience in the prosecution of patents in a variety of technologies, including medical instruments, electromechanical devices, computers, computer software and accessories, business methods, semiconductors, thermoelectric devices, combustion engines, superchargers, advanced fabrics, minimally invasive catheter systems, stem cell injection systems, vascular stenting systems, systems for treating damaged spines/spinal cords, hybrid hard/soft contact lenses, intraocular lenses, water purification systems, holography, document security systems, musical instruments, irradiation systems, and more. He also has experience in opinion and counseling, due diligence, licensing, litigation, and trademark prosecution. Heisey received a J.D. from Loyola (Chicago) in 1998 and a bachelor's degree in Industrial Engineering from the University of Illinois at Champaign–Urbana in 1993.

About Sheppard, Mullin, Richter & Hampton LLP

Sheppard, Mullin, Richter & Hampton LLP is a full service AmLaw 100 firm with more than 480 attorneys in nine offices located throughout California and in New York and Washington, D.C. The firm's California offices are located in Los Angeles, San Francisco, Santa Barbara, Century City, Orange County, Del Mar Heights and San Diego. Sheppard Mullin provides legal expertise and counsel to U.S. and international clients in a wide range of practice areas, including Antitrust, Corporate and Securities; Entertainment, Media and Communications; Finance and Bankruptcy; Government Contracts; Intellectual Property; Labor and Employment; Litigation; Real Estate/Land Use; Tax/Employee Benefits/Trusts & Estates; and White Collar Defense. The firm was founded in 1927.

01-18-2006

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Sheppard, Mullin, Richter & Hampton, LLP

Sheppard Mullin Grows Intellectual Property Practice in Del Mar Heights
Sheppard, Mullin, Richter & Hampton LLP is pleased to announce that Mauricio Flores and David Heisey have joined the firm's Del Mar Heights office. Flores and Heisey join as members of the Intellectual Property practice group. Flores was most recently with McDermott, Will & Emery in Orange County. Heisey was most recently with Luce Forward in San Diego.

Dick Kintz, managing partner of the Del Mar Heights office, commented, "We are very pleased to welcome Mauricio and David to the Del Mar office. They are a perfect fit with the office's already busy IP practice, and with them, we will now have additional capacity."

Gary Clark, chair of the firm's Intellectual Property practice group, commented, "Mauricio and David are excellent additions to the firm's IP group. Both have extensive backgrounds in technology-related IP and long-term professional ties to the region."

Flores' practice is focused primarily on life sciences and biotechnology patent infringement and trade secret disputes. He has handled numerous high-profile biotechnology cases and has extensive experience as a trial lawyer in federal and state courts, as well as state and federal administrative tribunals. Flores has had significant involvement in cases concerning licensing disputes and the ownership of patent rights to federally-funded research under the Bayh-Dole Act. Prior to joining McDermott, Mauricio was a founding partner of Campbell & Flores, a San Diego-based biotech intellectual property law firm. He clerked for the Chief Justice of the California Supreme Court and served as a trial attorney for the U.S. Department of Justice, Civil Division, under the Department’s Honor Law Graduate Program. Most recently Flores was lead counsel for Integra LifeSciences in the seminal case decided by the Supreme Court in June 2005 involving the scope of the exemption for patent infringement for FDA-related activities under the Hatch-Waxman Act. He argued on Integra’s behalf before the Supreme Court after winning a 28-day jury trial and prevailing on appeal to the Federal Circuit. Flores received a J.D. from Harvard Law School in 1977 and a bachelor's degree from San Diego State University.

Heisey is a registered patent attorney with experience in the prosecution of patents in a variety of technologies, including medical instruments, electromechanical devices, computers, computer software and accessories, business methods, semiconductors, thermoelectric devices, combustion engines, superchargers, advanced fabrics, minimally invasive catheter systems, stem cell injection systems, vascular stenting systems, systems for treating damaged spines/spinal cords, hybrid hard/soft contact lenses, intraocular lenses, water purification systems, holography, document security systems, musical instruments, irradiation systems, and more. He also has experience in opinion and counseling, due diligence, licensing, litigation, and trademark prosecution. Heisey received a J.D. from Loyola (Chicago) in 1998 and a bachelor's degree in Industrial Engineering from the University of Illinois at Champaign–Urbana in 1993.

About Sheppard, Mullin, Richter & Hampton LLP

Sheppard, Mullin, Richter & Hampton LLP is a full service AmLaw 100 firm with more than 480 attorneys in nine offices located throughout California and in New York and Washington, D.C. The firm's California offices are located in Los Angeles, San Francisco, Santa Barbara, Century City, Orange County, Del Mar Heights and San Diego. Sheppard Mullin provides legal expertise and counsel to U.S. and international clients in a wide range of practice areas, including Antitrust, Corporate and Securities; Entertainment, Media and Communications; Finance and Bankruptcy; Government Contracts; Intellectual Property; Labor and Employment; Litigation; Real Estate/Land Use; Tax/Employee Benefits/Trusts & Estates; and White Collar Defense. The firm was founded in 1927.

01-18-2006

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Sheehan, Phinney, Bass & Green, P.A.

LAPOINTE NAMED TO OFFICE OF YOUTH SERVICES ADVISORY BOARD
(January 18, 2006. Manchester, NH) - Attorney Matthew Lapointe, a shareholder at Sheehan Phinney Bass + Green, was appointed by Mayor Robert Baines to the Manchester Office of Youth Services Advisory Board.

Lapointe has a long history of community involvement. He is a past president of the Granite State Youth Mentors and currently serves as a volunteer Big Brother with Big Brother/Big Sisters of Greater Manchester. He is the former director and chairman of the Human Resources Committee of the Greater Manchester Chapter of the American Red Cross. He is also a Trustee of Trust Funds for the city of Manchester and is also active in the Williams College Alumni Association.


The Office of Youth Services began in 1971 as a court diversion program. Today, OYS works with troubled youth and their families to prevent crime and violence while being a voice for youth. OYS is committed to improving the way the city prevents juvenile delinquency, offering a quick response to the problems of youth, working with families and utilizing community resources for program development, information update and dissemination, and education access.

Sheehan Phinney Bass + Green is a regional business law firm with offices in Manchester, Concord and Lebanon, NH, and in Boston, MA. The firm provides a broad range of sophisticated legal services to businesses and institutions in traditional and emerging areas of the law. Its diverse client base includes local and regional organizations, as well as national and international businesses with interests in the Northeast.

01-18-2006

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Sheehan, Phinney, Bass & Green, P.A.

NIEVES TO TEACH PATENT COURSE AT FRANKLIN PIERCE LAW CENTER
(January 18, 2006. Manchester, NH) - Peter Nieves, an attorney with Sheehan Phinney Bass + Green in Manchester, NH, will be among the faculty for an advanced patent law course held at Franklin Pierce Law Center, located in Concord, NH.

The course, "Patent Practice and Procedure II," is offered by Franklin Pierce Law Center from January to May 2006. For this course, Nieves will be teaching essential practical skills in the drafting of patent applications. In addition, Nieves will be teaching rules, regulations, customs and practices for responding to the US Patent and Trademark Office in the prosecution of patent applications. Franklin Pierce Law Center is consistently named one of the top five law schools in the nation for

intellectual property law.

Nieves is a patent attorney whose practice focuses on many aspects of intellectual property including: domestic and foreign preparation and prosecution of patents; domestic and foreign preparation and prosecution of trademarks; licensing; legal opinions concerning patents; trademarks; copyrights; and disputes concerning patents, trademarks, copyrights and domain names.

Nieves regularly speaks on intellectual property law topics at businesses, organizations and institutes of higher education. For example, Nieves recently spoke at both the Tuck School of Business and the Thayer School of Engineering at Dartmouth College. In addition, Attorney Nieves was a speaker at the 9th Annual Independent Inventor's Conference, which was sponsored by the US Patent and Trademark Office and held at Franklin Pierce Law Center in August 2004.

Sheehan Phinney is a regional business law firm with offices in Manchester, Concord and Lebanon, NH, and in Boston, MA. The firm provides a broad range of sophisticated legal services to businesses and institutions in traditional and emerging areas of the law. Its diverse client base includes local and regional organizations, as well as national and international businesses with interests in the Northeast.

01-18-2006

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Schottenstein Zox & Dunn Co., LPA

SZD Honored for Support of U.S. Army Reserve Officer
Columbus, OH - When Lieutenant Colonel (Lt. Col.) Anthony Shaffer was mobilized to Fort Polk in Louisiana in October of 2004, one thing he didn’t need to worry about leaving was his legal practice in central Ohio. Instead of wondering about the uncertainty of his career once he returned home, he knew his law position was safe in the hands of his employer. After a year of service in preparing military units for deployment to Iraq and Afghanistan, Lt. Col. Shaffer returned to his family and friends in Nashport, OH, thankful for the support he and his family had been given while serving on active duty.

Schottenstein Zox & Dunn Co., LPA (SZD), Lt. Col. Shaffer’s employer, has been recognized as a 5-Star Program Employer by the Employer Support for the Guard and Reserve (ESGR), a Department of Defense Organization. Representatives from ESGR will be honoring Schottenstein Zox & Dunn Co., LPA on Tuesday, January 24, 2006 for their support of Lt. Col. Shaffer as a member of the U.S. Army Reserve.

ESGR representatives, accompanied by Colonel Doug Carpenter and Major General David Hartley (retired), will honor SZD with two awards – The “Patriotic Employer” Certificate of Appreciation and the “Chairman’s Above and Beyond Award.” The “Patriotic Employer” award recognizes employer support of National Guard and Reserve members and the “Chairman’s Above and Beyond Award,” given in limited numbers and presented annually by each state ESGR Committee, is designed to “recognize those employers who have gone above and beyond the legal requirements for granting leave for military duty.”

The awards ceremony will take place from 10:30 – 11:00 a.m. at the law offices of Schottenstein Zox & Dunn.

Lt. Col. Shaffer is a Partner in the Corporate and Health Law Practice Areas at SZD. He is an officer in the U.S. Army Reserve and was mobilized from October 2004 – October 2005.

Established in 1966, Schottenstein Zox & Dunn is one of Ohio’s largest and most innovative law firms. Named one of the Best Places to Work in central Ohio, SZD is committed to employee satisfaction and works just as hard for its employees as it does its clients. SZD strongly encourages a healthy work-life balance and is dedicated to diversity within their professionals’ interests and achievements. For more information, please visit www.szd.com.

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Please contact us directly if you are a member of the media who would like to attend the above-mentioned awards ceremony. Photography is permitted. For more information on ESGR, please visit their website at www.esgr.org.
Contact:
Joanna Arnason, Marketing Manager
614/462.5025 or jarnason@szd.com

01-18-2006

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Schnader Attorney At Law

Former Schnader Partner Ed McBride Named Deputy Chief Counsel to Gov. Corzine
New Jersey Gov. Jon S. Corzine has named Edward J. McBride Jr. as deputy chief counsel. McBride, a former Schnader Harrison Segal & Lewis LLP partner in our Cherry Hill office, will serve under Chief Counsel Stuart A. Rabner.

McBride was policy counsel for the Corzine campaign and counsel to the transition office. He also was assistant counsel to Gov. James J. Florio.


01-18-2006

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