Law Firm News

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Law Firm News

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Jenner & Block LLP

Oklahoma Court Strikes Down Law Criminalizing the Sale of Violent Video Games as Unconstitutional
In another victory for Jenner & Block’s video game industry clients, an Oklahoma district court granted the Firm’s motion for summary judgment and permanently enjoined the State of Oklahoma against the enforcement of a law that would categorize certain video games as “violent” and "harmful to minors" and would have criminalized the display, sale, or other dissemination of those games.

In its motion for summary judgment, the Firm argued that the law was unconstitutional and asserted that video games are a form of expression protected by the First Amendment.

Judge Robin J. Cauthron of the U.S. District Court for the Western District of Oklahoma in her decision stated that “Because the Act applies only to video games and software containing ‘inappropriate violence,’ its provisions constitute a content-based regulation on protected expression. Hence, the attempted regulation is presumptively invalid and subject to the strictest scrutiny under the First Amendment.”

The court also stated that the restriction of video games categorized as “violent” does not constitute a “compelling state interest” that would override First Amendment concerns. The court stated that while the State’s goal to protect children is a valid interest, they have not shown that the harms of certain video games are real or that the law is narrowly tailored “to materially advance that interest without unnecessarily interfering with First Amendment freedoms.”

In November 2006, the Firm was successful in securing a preliminary injunction against the law. Since March 2006, Jenner & Block has successfully challenged similar laws on constitutional grounds in California, Minnesota, Louisiana, and Michigan. The Firm’s team also persuaded a court in Illinois in 2005 to strike down analogous laws, and successfully challenged laws in Washington State and St. Louis in 2003.

Partners Paul M. Smith and Katherine A. Fallow and Associates Matthew S. Hellman, Duane Pozza and Elizabeth Valentina are representing the Entertainment Software Association and Entertainment Merchants Association in this matter.

09-20-2007

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Jenner & Block LLP

Weissmann Testifies Before Senate on McNulty Memorandum
Jenner & Block New York Partner Andrew Weissmann testified at the Senate Judiciary Committee's second hearing regarding the advisability of passage of a Senate bill to correct problems that still exist with the Department of Justice policy regarding its corporate charging practices.

Mr. Weissmann told the committee that the Justice Department's McNulty Memorandum, which governs the filing of criminal charges against corporations, did not go far enough to remedy the problems in its predecessor, the so-called Thompson Memorandum.

Mr. Weissmann explained that to understand the deficiencies in the McNulty Memorandum one has to understand the context of its implementation, namely the corporate charging decision. Given the state of the federal common law, a company can be charged based on the conduct of any low-level employee and regardless of the company policies in place to detect and deter an employee's criminal conduct. Moreover, if a company is charged it can result in a death sentence, even before a company has its day in court.

Mr. Weissmann made the following critiques of current DOJ policy:

* Given the wide disparity in corporate charging decisions and adherence to the McNulty Memorandum, the Justice Department should establish a national oversight policy, requiring Main Justice to approve the indictment of any corporation by a federal prosecutor in the field, a decision that today does not receive such scrutiny.
* The McNulty Memorandum "leaves completely intact the government’s ability to penalize a company that does not take punitive action against employees for asserting a constitutional right to remain silent," Mr. Weissmann told the committee. The Justice Department "should simply not base its decision to prosecute a company on whether it has punished an employee for asserting a constitutionally guaranteed right." Mr. Weissmann expressed support for a bill introduced by Sen. Arlen Specter (R-Pa.) that would prohibit the government from considering employees’ assertion of the Fifth Amendment in making charging decisions.
* Mr. Weissmann said that the McNulty Memorandum still can lead to the infringement of a corporation's attorney-client privilege. Although the memorandum says that a company cannot be punished for refusing to disclose legal advice it has received, the same does not hold true for information that the government deems "purely factual." Mr. Weissmann noted, however, that the examples of what are supposedly "purely factual" information enumerated in the McNulty Memorandum encompass core attorney-client and work-product information and thus the memorandum "does little to protect the privilege with respect to a large category of important privileged information."

Mr. Weissmann was the Director of the Enron Task Force and Chief of the Criminal Division of the U.S. Attorney's Office in New York before joining Jenner & Block.

09-20-2007

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Howrey, LLP

Lawsuit king wins one on his way to prison
As he negotiated the deal that would send him to prison and seal his disgrace, the king of class actions was still working the system.”

“William S. Lerach, in agreeing to plead guilty to one count of conspiracy in connection with a kickback scheme that paid people to serve as plaintiffs in lawsuits, insisted that the firm he founded in San Diego in 2004 be shielded from prosecution.”

“Its reputation as a litigator of class-action suits against what Lerach once called the ‘dishonorable and despicable greed’ of corporate America could be preserved. Maybe a little of his own reputation would be too.”

“‘He's falling on his sword,’ said David Lisi (EPA), a corporate defense lawyer in Silicon Valley. ‘You have to admire loyalty like that.

09-20-2007

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Howrey, LLP

Christina Sarchio Named to Washington Business Journal’s Top Lawyers List
Christina Guerola Sarchio, a litigation partner at Howrey, LLP, was named by the Washington Business Journal as one of 2007's Top Washington Lawyers, in the Young Guns category. Each year, the Washington Business Journal announces its "Top Washington Lawyers" in more than a dozen categories. This year, the winners were selected from nearly 500 nominees from firms throughout the Washington region.

Ms. Sarchio practices in the Washington, DC office, in the commercial litigation, antitrust and white collar legal arenas. Ms. Sarchio has developed an expertise in representing corporate clients engaged in complex federal and state actions sounding in: multi-district class-action and private litigation concerning criminal and civil antitrust matters; fraud; business torts; contract disputes; and franchise/dealer terminations. She has substantial experience with major enterprises in the oil and gas, chemicals, pharmaceuticals, beer, tobacco, and residential insulation industries. Ms. Sarchio has served as lead or co-counsel in numerous jury and bench trials, and has participated significantly in several arbitrations. She also has defended corporate and individual clients in criminal investigations.

Before joining Howrey, Ms. Sarchio prosecuted a broad range of criminal cases before both the trial and appellate courts in Manhattan as an Assistant District Attorney. Ms. Sarchio has taught as an Adjunct Professor at The George Washington University Law School, and provided on-air legal commentary on a variety of criminal and civil legal topics.

Ms. Sarchio serves as the Hispanic National Bar Association’s Vice President of External Affairs. She was also elected to the DC Bar Board of Governors for 2007-10. She is the immediate past-president of the Hispanic Bar Association of DC, which was honored under her stewardship with the Hispanic National Bar’s 2006 "Best Affiliate of the Year." Hispanic Business magazine recognized Ms. Sarchio as one of 2006’s “100 Most Influential Hispanics." She received her JD from George Washington University in 1995, and a BA from Cornell University in 1991.

09-20-2007

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Howard Rice Nemerovski Canady Falk & Rabkin, P.C.

Kenneth Hausman Named A Top 100 Attorney By The Daily Journal
Kenneth G. Hausman was named a "Top 100 Attorney" by the Daily Journal. Ken is a director with the firm's litigation department and has extensive trial and appellate experience representing clients from a variety of industries. His representative clients include The Charles Schwab Corporation, the directors of Chiron Corporation, Thomas Weisel Partners, Technology Crossover Ventures, The Oakland Raiders, Frank Quattrone, The Hess Collection Winery, Digital River, Inc., The Grupe Company and Norcal Waste Systems, Inc.

09-20-2007

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Dykema Gossett PLLC

Dykema Member Elected Secretary Of World Services Group
Dykema today announced that Mark W. Peters, member of the firm’s Business Services Department in the Corporate Finance Practice Area, was elected to serve as Secretary of World Services Group (WSG) for 2007-2008 at WSG’s 6th Annual Meeting in Montreal, Canada. Mr. Peters is currently in the second year of a four-year term on the WSG Board of Directors.

World Services Group is a global association of large local, national and international providers of legal advice and other professional services. It is one of the world’s largest networks of independent leading professional services firms and companies, with approximately 18,000 professionals at its more than 130 member firms worldwide. Dykema is the exclusive Michigan law firm member of WSG.

Mr. Peters has extensive experience in mergers and acquisitions of public and private companies, subsidiaries and divisions. He has also represented issuers in initial public and private securities offerings, including high-yield debt offerings and demutualizations, as well as experience in internet-related securities matters. Mr. Peters was the recipient of the WSG Membership Award in 2005 in recognition of his contribution to the organization. Prior to joining Dykema in 1996, he clerked for the Honorable Patricia J. Boyle of the Michigan Supreme Court.

A resident of Bloomfield Hills, Michigan, Mr. Peters received his B.M.E. from the University of Kansas, his M.A. and M.B.A. from Southern Methodist University, and his J.D., cum laude and Order of the Coif, from Wayne State University.

09-20-2007

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Fulbright & Jaworski L.L.P.

Fulbright Attorneys Publish Lead Article on Drug and Medical Device Safety Issues in Litigation
Fulbright partner Lance Shea and associates Andre Hanson, Tiffany Guglielmetti and Kimberly Levy published the lead article in the Food & Drug Law Journal’s recent symposium on drug and medical device safety surveillance: "Cause and Effect? Assessing Postmarketing Safety Studies as Evidence of Causation in Products Liability Cases", 62 Food & Drug L.J. 445 (2007). The article reviews the types of causation evidence potentially generated by drug and medical device safety surveillance activities and issues in proving causation in products liability cases. Also, the article discusses factors that should be considered in assessing whether the results of human health studies are sufficient evidence of causation.

Drug and device safety surveillance is one of the hottest issues for pharmaceutical and medical device manufacturers in litigation and regulatory matters. To cover key litigation issues, the Food & Drug Law Institute invited Shea to address drug safety surveillance from a litigation perspective in the Journal’s symposium. The symposium included other contributors such as Dr. Daniel Schultz, Director of the FDA’s Center for Devices and Radiological Health.

Shea, a partner in Fulbright’s Washington, D.C. location, represents pharmaceutical, medical device and energy clients in litigation and regulatory matters. With education and experience in the human health, environmental and engineering sciences, he regularly handles matters that involve complex scientific evidence. Co-author Andre Hanson, a senior associate in Fulbright’s Minneapolis location, focuses his practices on products liability and litigation management, including dispositive and non-dispositive motion practice, trial and appeal. Tiffany Guglielmetti, an associate in Fulbright’s Washington, D.C. location, focuses her practice on general litigation and electronic discovery matters. Kim Levy, an associate in Fulbright's Washington D.C. location, focuses her practice on general litigation matters, including international arbitration, white collar crime, energy litigation, and electronic discovery.

09-20-2007

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