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Quinn Emanuel Ranked Among Top Patent Litigation Firms
A survey performed by the IP Law Bulletin in October 2005 ranked Quinn Emanuel as the sixth most active patent litigation firm in the nation.

01-06-2006

Famous Trial Lawyers Join Quinn Emanuel; Four Associates Elected to Partnership

Frederick Lorig
Frederick Lorig, co-founder of the intellectual property boutique Bright & Lorig, has decided to leave the firm he founded over 15 years ago to join the Los Angeles office of Quinn Emanuel. Fred specializes in complex technology litigation and is one of the most accomplished patent trial lawyers on the plaintiff’s side — really on any side — in the United States. He won the highest jury verdict in history on behalf of a corporate patentee ($1.2 billion in Litton v. Honeywell — at the time, also the largest verdict in California history) and one of the highest jury awards in U.S. history for an individual patentee ( Coyle v. Sega). He has represented large multinational companies like Northrop Grumman, Litton, Rockwell Collins, Teledyne, Hughes Aircraft, Balzers-Unaxis, Unova, and BIC. Fred has likely won more money for plaintiffs in federal court in Los Angeles than any other trial lawyer.

Stephen Neuwirth
Stephen Neuwirth, former Associate White House Counsel to President Bill Clinton, has joined Quinn Emanuel as a partner in the New York office. One of the first litigation partners at Boies, Schiller & Flexner from 1997 to 2005, Steve has almost 18 years of experience in private practice and government.

Steve brings a practice focused on complex litigation, pre-litigation dispute resolution and related strategic corporate advice. Steve has represented major corporations in significant contract, antitrust, merger and acquisition, corporate governance and securities cases. Steve also represents foreign companies facing disputes in U.S. commercial and joint-venture relationships. For example, in 2002-2003, Steve served as lead trial and appellate counsel for a Mexican corporation that obtained a preliminary injunction, upheld by the Second Circuit Court of Appeals, blocking a joint venture partner’s proposed transaction valued at approximately $300 million.

Steve has also been actively involved in class action litigation. Steve recently served as a member of the plaintiffs’ executive committee in a multidistrict litigation concerning alleged failure to disclose product defects.

In 1998, Steve was retained by the Department of Justice to assist in the Antitrust Division’s litigation against Microsoft Corporation.

Steve graduated summa cum laude and Phi Beta Kappa from Yale College in 1984, and graduated from Yale Law School in 1987. From 1987-1988, he served as a law clerk to the Honorable Peter K. Leisure, United States District Judge for the Southern District of New York. At the White House from 1993-1996, Steve concentrated on litigation and regulatory matters relating to economic policy, environmental issues, health care and education.

Brian Cannon
Brian Cannon has joined the firm’s Silicon Valley office as a partner. Prior to joining Quinn Emanuel, Brian was a partner with Shearman & Sterling. He has successfully litigated and tried numerous intellectual property cases covering a wide array of technologies including pharmaceuticals, biotechnology, medical devices, and semi-conductor processing. His clients have included IsoStent, Nellcor, BectonDickinson, Compaq, and Cypress Semiconductor.

Associates Elected to Partnership
Quinn Emanuel elected associates Kristen Bird, Eric Huang, Jennifer Kash, and Jonathan Oblak to the partnership, effective January 1, 2006.

Kristen Bird is a partner in the Los Angeles office. Kristen works in the areas of antitrust, unfair competition, intellectual property, entertainment and trade secrets. She graduated Phi Kappa Phi and cum laude from Brigham Young University in 1993 and received her J.D. cum laude from Harvard Law School in 1997.

Eric Huang is a partner in the New York office. Eric’s practice focuses on patent litigation and has involved a wide range of technologies, including pharmaceuticals, batteries, semiconductors, gyroscopes, electronic trading systems, and DVD controller chips. Eric received a Bachelors degree in materials science & engineering from the University of Michigan and graduated with honors from the George Washington University Law School, where he was the Executive Produc-tion Editor of the George Washington Journal of International Law & Economics.

Jennifer Kash is a partner in the San Francisco office. Jen’s practice focuses primarily on intellectual property litigation with a particular emphasis on patent litigation. Jen also has extensive experience handling disputes for clients who are in the gaming industry and for clients who develop, license, or distribute software in a range of fields including telecommunications and Internet services. In 1999, Jen graduated from UC Hastings where she was Editor-in-Chief of the Hastings Women’s Law Journal. Prior to attending law school, Jen also obtained an MFA in Writing from Sarah Lawrence College in New York.

Jonathan Oblak is a partner in the firm’s New York office and focuses on complex commercial litigation and a range of media, entertainment and intellectual property matters. Jonathan received his Bachelor’s degree from Cornell University and graduated magna cum laude from Cornell Law School, where he served as an editor on the Law Review. Following law school, Jonathan clerked for United States District Court Judge Joseph L. Tauro in Boston.

01-06-2006

The Daily Deal
Timothy Bass, Jane Engelhardt, Emilie T. Hsu and William L. Sturman’s promotion to Counsel is noted in the "Movers & Shakers" column

01-06-2006

Firm Adds Litigation Associate Sabrina L. Feve
Coblentz, Patch, Duffy & Bass LLP, a San Francisco-based law firm, adds attorney Sabrina L. Fève as an associate to the firm’s litigation practice, bringing the total number of attorneys in the firm to 59.
Previously in Heller Ehrman’s labor and employment litigation group, Fève has also represented asylum applicants from Liberia and Central America in pro bono matters. Prior to joining Heller, Fève clerked for the Honorable Anita B. Brody, U.S. District Court, Eastern District of Pennsylvania, in Philadelphia.
Fève earned her J.D. from Harvard Law School (2002), where she was a member of the Board of Student Advisors and was on the Executive Board of the Civil Rights-Civil Liberties Law Review. She obtained her B.A., summa cum laude, from Williams College (1997).
Established more than 100 years ago, Coblentz, Patch, Duffy & Bass LLP currently specializes in land use and real estate transactions; civil litigation; telecommunications; banking and trade practices; corporate and business, including securities, mergers and acquisitions and intellectual property; nonprofit and charitable organizations; labor and employment; taxation; and trusts and estates.

01-06-2006

Buchanan Ingersoll Handles Fairmont Resort Closing for Turnberry Associates
Aventura, FL, January 6, 2006 -- Buchanan Ingersoll PC assisted client Turnberry Associates in closing the re-acquisition of the Fairmont Turnberry Isle Club and Resort in Aventura, FL, on December 23, 2005.
The property, which will continue to be managed as a Fairmont resort, was owned and developed by Turnberry in the 1980s. The complex transaction, a two-stage acquisition, involved five lenders.
Leading the Buchanan Ingersoll team were shareholder Jack J. Kessler, who practices in both the firm's Pittsburgh and Aventura offices; shareholder Rebecca L. Lando of the firm's Pittsburgh office; and shareholder Richard N. Schermer of Buchanan Ingersoll's Aventura office.
The transaction is the second recent major real estate matter Buchanan Ingersoll has closed for Turnberry Associates and its affiliates. In early October 2005, the firm assisted Turnberry affiliate Fontainebleau Resorts, LLC in closing the purchase of the Fontainebleau Resort Hotel in Miami Beach.
About Kessler
Jack J. Kessler is a shareholder with the law firm of Buchanan Ingersoll. He is a member of the firm's Tax Group.
With a background as a tax and business transactional lawyer, practicing both in Western Pennsylvania and South Florida, Kessler provides counsel to high net worth families and --
closely held businesses, focusing on real estate development and financings as well as individual income tax and gift and estate tax planning. Often he serves in a role similar to that of general counsel for families and real estate investment partnerships which do not have in-house counsel.
About Lando
Rebecca Livingston Lando is a shareholder with Buchanan Ingersoll and a member of its Real Estate Group.
Lando has had a varied transactional background primarily in the areas of real estate financing, real estate development and commercial lending. She represents a variety of lenders, local and national real estate developers, retail operators and institutional real estate investors, including PNC Bank, National Association and affiliated institutions, Simon Property Group and the Pennsylvania State Employees Retirement System.
As lender's counsel, Lando has led the legal effort in many complex construction and permanent loan structures, including many that involved intercreditor and creditor's rights issues. She has also represented financial institutions in undertaking loan workouts and restructurings.
About Schermer
Richard N. Schermer is a shareholder with the Aventura and Miami offices of the law firm of Buchanan Ingersoll. He is a member of the firm's Real Estate and Financial Institutions Group and heads its Florida real estate practice. He is also the chairman of the firm's national Retail Development Group, a practice group focusing on the representation of companies involved in the retail development industry.
Schermer concentrates on commercial real estate development and loan transactions. He has experience in representing lenders, developers, investors and users of commercial real estate in the acquisition, financing, development, leasing and sale of shopping centers, office buildings and mixed-use projects. As a result, he has a working knowledge of the procedures and techniques which are critical to understanding, analyzing and negotiating types of commercial real estate transactions.
About the Firm
Buchanan Ingersoll PC (www.buchananingersoll.com) is one of the largest law firms in the nation, and has nearly 415 attorneys and government relations professionals practicing throughout the United States, with offices in Aventura, Miami, Tampa, Washington, D.C., Alexandria, New York, Buffalo, Philadelphia, Pittsburgh, Harrisburg, Wilmington, Princeton, Cleveland, San Diego and Silicon Valley.
The firm has undergone a series of acquisitions and additions during the past 12 months, including: lobbying boutique Hill Solutions; a group of five litigators from Saul Ewing; the 55 attorneys and patent professionals of Burns, Doane, Swecker & Mathis; a team of IP and business litigators in San Diego; a group of three government relations professionals in Washington, D.C.; a group of seven high-profile tax and immigration lawyers in Miami; and the litigation boutique of Slotnick, Shapiro & Crocker in New York.
Buchanan Ingersoll's attorneys have experience in industries that include entertainment and media, pharmaceuticals and biomedicine, nanotechnology, financial institutions, construction, franchise and real estate. Within these and other industries, Buchanan Ingersoll attorneys focus on more than 65 practice areas including Corporate Finance, Litigation, Intellectual Property, Tax, Government Relations and Health Care. The firm serves national and international clients that include Fortune 500 corporations, start-ups, technology companies and financial institutions.`

01-06-2006

Additional Guidance Issued on Making Required Medicare Part D Creditable Coverage Disclosures
The Centers for Medicare and Medicaid Services ("CMS") recently issued guidance concerning the obligation of employers to annually disclose the Medicare Part D creditable status of their prescription drug coverage to CMS. In accordance with the CMS guidance, most employers with group health plans will be required to submit an on-line disclosure form to CMS on or before March 31, 2006.

Background

As was noted in our July 2005 Employee Benefits Law Action Memo, under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, employers that currently provide prescription drug coverage to Medicare Part D eligible beneficiaries (i.e., eligible active employees, retirees and/or dependents) are required to make certain disclosures regarding whether or not that prescription drug coverage is "creditable" for purposes of Medicare Part D. Employers were required to determine whether their prescription drug coverage was creditable in order to issue a disclosure notice to Medicare Part D eligible beneficiaries by November 15, 2005. However, CMS had not yet issued guidance with respect to the manner in which employers were required to notify CMS as to the creditable status of their prescription drug coverage.

Who Must Provide a Disclosure to CMS?

Affected Employers

All employers that sponsor prescription drug plans for Medicare Part D eligible beneficiaries, as well as other entities that provide prescription drug coverage, such as church plans, union Taft-Hartley plans, state and local governmental plans, individual health insurers, tribal health plans, military and veterans plans and Medigap plans, are required to make an annual disclosure to CMS.

The CMS guidance indicates that only prescription drug coverage that is offered to Medicare Part D eligible beneficiaries is covered by the new disclosure rules. Practically speaking, it may be impossible for an employer to determine whether an employee's spouse and/or dependent(s) are eligible for Medicare. Therefore, it is recommended that employers and other entities offering prescription drug coverage submit the required disclosure form to CMS.

Exempt Employers

The CMS guidance provides that employers who have been approved for the 28% retiree drug subsidy (described more fully in our August 2005 Employee Benefits Law Action Memo) are exempt from filing the disclosure with respect to the retirees for whom the employer is claiming the subsidy. (The employer's retiree drug subsidy application will serve as its disclosure to CMS for these purposes.) That notwithstanding, CMS has indicated informally that employers will still need to submit the disclosure to CMS with respect to active Medicare Part D eligible employees who have chosen to delay enrollment in Medicare Part D.

Method and Content of Disclosure

The only method of providing the disclosure to CMS is by completing an electronic disclosure form on the CMS Creditable Coverage Disclosure Web Page at . In order to generate the disclosure form on-line, employers must provide the name of the entity sponsoring the plan (such as the employer or union -- not the name of the carrier or insurer), as well as the entity's address, telephone number and EIN. An individual employed by the entity and completing the form must provide his or her name, title and e-mail address. With regard to the coverage provided, the employer must identify, among other things, the type of coverage offered, the number of benefit options that the entity offers, the creditable coverage status of the options offered by the entity, the period covered by the annual disclosure to CMS, and the latest calendar date on which it provided the required disclosure to Medicare Part D eligible beneficiaries. The employer must also provide an estimate of the number of Medicare Part D eligible beneficiaries expected to be covered under the employer's plan(s) as of the beginning date of the plan year, and an estimate of the number of Medicare Part D eligible beneficiaries expected to be covered through a group health retiree plan.

Only one disclosure form must be submitted for an employer's group health plan if the plan year and type of coverage is the same for all subsidiaries (divisions, lines of business, operating units, control groups, etc.).

The CMS disclosure is required regardless of whether the employer's prescription drug coverage is primary or secondary to Medicare Part D prescription drug coverage.

Timing of the Disclosure

For plan years that end in 2006, the initial CMS disclosure must be completed on-line by March 31, 2006. For plan years ending in 2007 and beyond, the plan's creditable coverage status must be disclosed to CMS within 60 days of the beginning date of the plan year for which the entity is providing the disclosure.

Further, for any plan year, a disclosure to CMS must also be made within 30 days after a prescription drug plan is terminated, or within 30 days after any change in the creditable coverage status of the prescription drug plan.

Recommended Action

Employers that sponsor prescription drug plans should (1) determine whether they are required to make a disclosure to CMS regarding the creditable coverage status of those plans, and (2) if such a disclosure is required, complete the CMS disclosure form on or before March 31, 2006

01-06-2006

Bennett Jones Partners Recognized as Leading Capital Markets Lawyers
Legal Media Group’s Guide to the World’s Leading Capital Markets Lawyers features four partners from Bennett Jones’ among the elite. Bruce Barker, Alan Bell, John MacNeil and David Spencer are all highly ranked in this guide, which is based on more than 4,000 surveys of legal specialists in 55 jurisdictions.
The 2005 Guide to the World’s Leading Capital Markets Lawyers is recognized among the world’s top multinationals as an authoritative reference. As with all guides in this series, nominations are valid only when received from outside the nominee’s firm. Once nominations have been screened for bias, Legal Media Group conducts in-depth interviews with nominees over a period of several months.
Bennett Jones is consistently ranked as a market leader in all of its key practice areas by distinguished international legal directories, such as the International Financial Law Review 1000, Best of the Best Expert Guides, Chambers Global: The World’s Leading Lawyers and the Guide to the Leading 500 Lawyers in Canada, which describes the firm as “a premier corporate firm that is regarded as primus inter pares; and a top law firm in two of Canada’s largest business centres in corporate and litigation.”
With more than 275 practitioners practising in Calgary, Toronto and Edmonton, the firm regularly advises on many of the largest and most significant deals and cases in Canada.
For media inquiries, please contact Debbie L. Stojanovic, National Marketing Director, at 416.777.7477 or by email at stojanovicd@bennettjones.ca

01-06-2006

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