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The Best Lawyers in America®, 2008 Edition Recognizes Sixty-four Fowler White Boggs Banker Lawyers
Sixty-four Fowler White Boggs Banker shareholders have been named in The Best Lawyers in America®, 2008 edition. The firm was ranked number one in the state of Florida in Administrative Law, Health Care Law, Personal Injury Litigation and Workers’ Compensation.

09-11-2007

Eighteen New Associates Join Brinks Hofer Gilson & Lione
Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the U.S., is pleased to announce that 18 new associates have joined the firm.

The new associates are:

Andrew J. Avsec holds a J.D. from The George Washington University Law School and a B.A. in an independent concentration in bioethics from Princeton University. Mr. Avsec worked as a summer associate with the firm last summer and will focus his practice on trademark law.

Jacob C. Bachman, a past summer associate at the firm, holds a J.D. from The John Marshall Law School and a B.S. in mechanical engineering from the University of Illinois.

Katie M. Blakley worked at Brinks as a law clerk before receiving her law degree. She earned a J.D. from Wayne State University Law School and a B.S. in engineering mechanics from Michigan State University. Ms. Blakley will be based in Brinks’ Ann Arbor office.

Thomas C. Burton has a J.D. from the University of Illinois College of Law and a B.S. in mechanical engineering, with a minor in Japanese, from the University of Utah. Mr. Burton was a summer associate with the firm last summer.

Igor V. Dubinsky, a past summer associate, earned his J.D. from DePaul University College of Law, cum laude, and holds a Certificate in Intellectual Property from the Center for Intellectual Property Law and Technology. Mr. Dubinsky earned his B.A. from Northwestern University, where he triple-majored in integrated science, advanced physics and molecular/genetic biology and minored in business institutions.

Benjamin Findley holds a J.D. from the University of Wisconsin Law School, an M.S. in mechanical engineering from the Georgia Institute of Technology and a B.S. in civil engineering from Tufts University College of Engineering in Medford, Massachusetts. Mr. Findley was a summer associate with the firm last summer.

Joshua S. Frick earned his J.D. from Washington University School of Law and holds a B.S. in marketing and legal studies from Indiana University, Bloomington. Mr. Frick worked at the firm last summer as a summer associate and will focus his practice on trademark law.

Joseph S. Hanasz earned his J.D. from Chicago-Kent College of Law and holds a B.S. in electrical engineering from The University of Iowa. Mr. Hanasz spent last summer as a summer associate with the firm.

Brandon C. Helms, a past summer associate with the firm, holds a J.D. from the DePaul University College of Law and has a B.S. in chemistry from Carthage College, Kenosha, Wisconsin.

Karl Horlander received his J.D. from Indiana University School of Law in Indianapolis. He also holds an M.S. in electrical and computer engineering from Purdue University and a B.S. in electrical engineering from the University of Kentucky. Mr. Horlander worked as a law clerk at the firm during his last year of law school and will work in the firm’s Indianapolis office.

Michael Hussey holds a J.D. from Indiana University School of Law in Indianapolis as well as a B.S. in electrical engineering and a B.A. in German from Purdue University, Indianapolis. Mr. Hussey will be based in Brinks’ Indianapolis office.

Bryan J. Leitenberger earned his J.D. from the University of North Carolina in Chapel Hill and received a B.S. in chemical engineering from the University of Notre Dame. Mr. Leitenberger worked at the firm last summer as a summer associate.

Edward Machado earned his J.D. at Chicago-Kent College of Law and has both a B.S. and an M.S. in electrical engineering from The University of Illinois at Chicago.

Luke A. Parsons holds a J.D. from Georgetown University Law Center and a B.S. in mechanical engineering from Texas A&M University. Mr. Parsons is a former summer associate with the firm.

Kevin Patariu earned his J.D. from Northwestern University School of Law and holds a B.S. and M.Eng. in electrical engineering from Cornell University. Mr. Patariu worked as a summer associate last summer at the firm.

Megha Patel, a past summer associate at the firm, earned her J.D. at Indiana University, Bloomington School of Law. She holds a Ph.D. in molecular biology and genetics from the University of California, Los Angeles and a B.S. in biological sciences from University of California, Irvine.

M. Daniel Spillman, a past summer associate at the firm, received his J.D. from the University of Dayton School of Law and his B.S. in mechanical engineering from Purdue University, West Lafayette, Indiana. Mr. Spillman will work out of the firm’s Indianapolis office.

Christopher Sukhaphadhana holds a J.D. from University of Virginia School of Law in Charlottesville and a B.S. in electrical engineering from the University of Illinois.

09-11-2007

Dinsmore & Shohl LLP Ranked Tops in Cincinnati
Dinsmore & Shohl LLP is pleased to announce that the firm has been ranked number 1 in Cincinnati by Best Lawyers®, a respected peer-review publication. Dinsmore & Shohl LLP has more lawyers listed in Best Lawyers in Cincinnati than any other firm in the city.

Best Lawyers also ranked Dinsmore & Shohl LLP number 1 in both the city and the state of Ohio for Corporate Governance and Compliance Law, Product Liability Litigation and Securities Law. In Cincinnati, the firm also received a number 1 ranking for Workers’ Compensation Law. In Dayton, the firm received a number 1 ranking for Intellectual Property Law. Overall, 75 attorneys in the firm received the Best Lawyers' recognition by the 2008 publication.

“Being recognized by Best Lawyers reflects the level of the commitment our attorneys make – to our clients and to the legal field,” said George Vincent, co-managing partner. “Credit for our success must go to the clients who put their trust in our hands every day.”

Best Lawyers is the oldest and one of the most respected peer-review publications in the legal profession. The publication’s staff compiles lists of outstanding attorneys by conducting exhaustive surveys in which thousands of leading lawyers confidentially evaluate their professional peers.

09-11-2007

Non Profit Corporation May Not Transfer Membership Interest
City and three hospitals created local ambulance company. Each hospital was granted membership and two Board of Director seats. Two of the hospitals consolidated. Consolidation purported to assign four board seats to the consolidated hospital. Non-consolidating hospital objected. Court ruled that non-profit statutes in effect on date of consolidation expressly prohibits transfer of a membership or any right arising therefrom, even if prior statutes may have permitted transfer of membership interest. Specifically, the court ruled that the transfer of membership contained in the Articles of Consolidation of the two consolidating hospitals could not override R.S.Mo. 355.191.2, in effect on the date of consolidation, which prohibited a transfer of membership in a non-profit public benefit corporation. St. John’s Regional Medical Center v. Freeman Health System, Docket No. 26953, (Mo.App. S.D. Sept. 11, 2007).

09-11-2007

Court May Not Award Damages Under 42 U.S.C. 1981 Except On Proof Of Race-Based Discrimination - Even If Judgment Is By Default
IT IS IMPROPER TO AWARD ACTUAL AND PUNITIVE DAMAGES UNDER 42 U.S.C. 1981, WHEN A CLAIMANT PLEADS AND PROVES RELIGIOUS DISCRIMINATION AND NOT RACE-BASED DESCRIMINATION. DAMAGE AWARD TO MEDICAL RESIDENT STUDENT AND DOCTOR BASED UPON ANTICIPATED SALARY WAS SPECULATIVE AND THE EXISTENCE AND AMOUNT OF DAMAGES ARE NOT REASONABLY CERTAIN.

Medical college sued resident student for non-payment of tuition. Resident student counter-claimed for breach of contract, promissory estoppel, unjust enrichment and violations of 42 U.S.C. 1981, claiming he was discriminated against, was required to pay a higher tuition rate than contracted and that medical college’s withholding of his diploma delayed his career in the medical profession. After medical school’s attorney withdrew and provided written notice to medical school of trial date, medical school did not appear at the trial date and failed to retain counsel until after a substantial verdict was entered against medical school at the trial date. The court of appeals ruled that it was error for the trial court to award actual and punitive damages against medical school under 42 U.S.C. 1981 because claims based upon national origin and religious discrimination are insufficient to state a claim under 42 U.S.C. 1981. Medical student’s failure to present evidence that he was of Persian ancestry or any other of the many other ethnicities of his country of origin and that his ethnicity and not country of origin was basis of discrimination made an award of damages under 42 U.S.C. 1981 improper. It was also error for the court to award $392,437.50 to the medical student for lost wages, where the student failed to prove his damages were reasonably certain and not speculative. Medical student failed to show that he had or would pass the necessary exams or would be approved by the appropriate licensing body to practice medicine. Lastly, he failed to provide any evidence to establish the likelihood that he would be hired into the medical profession. Central America Health Sciences University, Belize Medical College v. Norouzian, Docket No. WD66100 (Mo.App. W.D. Sept. 11, 2007)

09-11-2007

Sonnenschein Names Anthony L. Perricone Fund Services Chair
Sonnenschein Nath & Rosenthal LLP today named Anthony L. Perricone, a partner in the New York office, as chair of its Fund Services Group. The group counsels some of the world's largest and best-known hedge funds, mid-size funds and emerging managers.

"Tony's experience in the investment management industry will be a real asset to our growing Fund Services Group," said Paul A. Gajer, chair of Sonnenschein's Corporate practice. "We are delighted to have him assume this key role at the firm."

Perricone's practice involves advising clients on all aspects of the investment management sector, from initial fund formation, organizational structuring and regulatory compliance, to complex restructurings and transactional representation. Perricone has advised several prominent hedge funds, including traditional long/short equity, technology, healthcare and arbitrage funds, on a range of issues in the alternative asset management area.

Perricone also has significant experience advising real estate funds on formation and transactional matters. He has represented funds investing in various asset classes, as well as those making whole loans to investors and developers and trading in mortgage-backed securities.

"Sonnenschein's fund services group has a strong reputation in the alternative investment community," noted Perricone. "I look forward to growing the practice area even further and expanding the services we offer."

Perricone received a J.D. degree from George Washington University Law School and a B.S. degree, with honors, from Drexel University. He began his legal career at Schulte Roth & Zabel LLP, later working at King & Spalding LLP and Dechert LLP. Prior to that, Perricone had worked in the Financial Services Group at Deloitte & Touche USA LLP and as a consultant on the mergers and acquisitions team at PricewaterhouseCoopers.

Sonnenschein's Fund Services Group specializes in matters that demand extensive experience and a high level of sophistication, and delivers superior service to clients across the alternative investment industry. It uses a multidisciplinary approach, leveraging expertise from all areas of Sonnenschein's national platform to provide result-oriented counsel with consideration to both the technical details of each issue and its larger implications.

09-11-2007

Sonnenschein Recruits Agricultural Biotech Attorney Dr. Robert E. Hanson
National law firm Sonnenschein Nath & Rosenthal LLP announced today that Dr. Robert E. Hanson, whose legal practice focuses on intellectual property issues surrounding agricultural biotechnology and the life sciences, has joined the firm as a partner in the Dallas office. Hanson comes to Sonnenschein from Fulbright & Jaworski L.L.P. and brings with him Dr. Ron Laby, a patent agent and scientific advisor who has written and prosecuted patent applications in the areas of molecular genetics, agricultural biotechnology and medical devices.

Hanson has more than 10 years experience in the field handling ag-biotech patents for Monsanto and other clients. He has successfully argued multiple appeals before the U.S. Patent Office Board of Patent Appeals and Interferences that substantially changed examination policy in the areas of plant varieties and plant gene regulatory elements. At Sonnenschein, Hanson's team provides counsel for Monsanto and others on ag-biotech patent issues, as well as all aspects of strategic patent portfolio management, including patent prosecution and appeals, counseling, invalidity, non-infringement and due diligence opinions, and patent interferences in the plant genetics and animal health areas, licensing and litigation-related matters.

"Rob is a talented and nationally-recognized 'rising star' in intellectual property circles with a distinct specialization," notes Carol Anne Been, national chair of Sonnenschein's Intellectual Property & Technology Practice Group. "Rob's and Ron's abilities to navigate the legal and biological complexities associated with agricultural biotechnology patents is an immense asset to our clients and adds to the increasing scope and growth of our group. Furthermore, Rob's 10 years working with Monsanto as an attorney and patent agent is a testament to his ability to deliver quality client service in this complex area."

"Sonnenschein is a dynamic firm with an amazing group of professionals. Their commitment to client service and a culture of team work is incredible," says Hanson. "I am proud to be the newest member of Sonnenschein's esteemed intellectual property practice and look forward to working with such an elite roster of clients."

The addition of Hanson's practice further establishes Sonnenschein as a premier provider of legal services in the biotechnology field. It is one of only a few law firms with a strong concentration in agricultural biotechnology issues nationwide, including robust practices in St. Louis, San Francisco, and now Dallas. Agricultural biology is a rapidly growing technology specialization and Hanson's and Laby's practices give Sonnenschein unparalleled strength in the area of agricultural biotechnology, a rapidly growing technology specialization spanning plant genomics, plant pathology, animal husbandry, plant-based pharmaceutics, and bioenergy and environmentally friendly "clean tech" disciplines.

Hanson has frequently spoken and published numerous articles on plant biotechnology and related patent issues, including contributions to scientific publications such as Genome, American Journal of Botany, Genome Research and Chromosome Research. He received B.S. and Ph.D. degrees in Genetics from Texas A&M University and a J.D., with honors, from the University of Texas School of Law, where he was designated an Order of the Coif member.

Laby earned a B.A. degree in biology from Haverford College, a M.S. in Plant Pathology from Cornell University, and a Ph.D. in Molecular Plant Pathology with minors in Genetics and Microbiology, also from Cornell.

Hanson and Laby join a growing life sciences practice at Sonnenschein which also recently added highly regarded biotech attorney Dale C. Hunt and five others in San Francisco and St. Louis with extensive backgrounds in the areas of patent law and biotechnology.

09-11-2007

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