Law Firm News

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Gray, Plant & Mooty

GPM Welcomes Eight Rider Bennett Alums
The Minneapolis law firm of Gray Plant Mooty is pleased to welcome eight attorneys from Rider Bennett, LLP. The move will substantially augment the depth and breadth of GPM’s Financial & Estate Planning Group and add two veteran attorneys to its Business
Advisory Group. GPM is delighted to welcome, among its eight new hires, two of Rider Bennett’s three department chairs. “All eight of these additions are extraordinarily skilled lawyers who've made meaningful contributions to our profession and community,” says GPM’s Managing Officer, Tamara Hjelle Olsen. “We knew right away we wanted them to join us at Gray Plant Mooty, and are so pleased that they have decided to merge their practices with ours.”

The six attorneys and one paralegal from Rider Bennett’s Trusts & Estates Department have a long history of serving high net worth families, entrepreneurs, executives, and family offices, and bring more than 180 years of combined experience to GPM in the areas of estate planning, probate and trust administration, family business succession planning, and charitable giving.

Joining GPM’s Financial & Estate Planning Group are Edward M. Arundel, Anne L. Bjerken, Ann B. Burns, James M. Clay, Larry R. Henneman, and James D. Lamm.

Ed Arundel joins GPM as of counsel practicing in the areas of estate planning, administration of trusts and estates, and taxation. He is a member of the American College of Trust and Estate Counsel (ACTEC) and is listed in Best Lawyers in America for his expertise in the probate field. Ed has served on various charitable boards and foundations including the Twin City Institute for Talented Youth and the George W. Neilson Foundation. He is a returning GPM alumnus.

Anne Bjerken is an associate who, prior to her time with Rider Bennett, worked at a small law firm in Eagan, Minn., practicing in the areas of family law, trusts and estates, and criminal prosecution. She is a member of the MSBA, First District Bar Association, and Minnesota Woman Lawyers. Anne has frequently spoken to groups on the topics of living wills, health care directives, powers of attorney, and other general planning techniques.

Ann Burns is a principal practicing in the areas of estate planning; business succession planning; estate, trust and tax litigation; and estate and gift taxes. She is a member of the Business Planning Committee of ACTEC and was chair of the Tax Disputes Subcommittee of the Fiduciary Litigation Committee. Ann is a Certified Public Accountant (inactive) and is also a member of the Board of Governors of St. Thomas Law School. She served on the board of the One Percent Club and was formerly chair of Rider Bennett’s Trusts & Estates Department.

Jim Clay is a principal who once spent 15 years in the income tax field and has been enrolled to practice before the Internal Revenue Service since 1986. He is a member of the Probate and Trust Law Sections of the ABA and the MSBA, and is a member of the HCBA. Jim also serves on the United Way Planned
Giving Advisory Committee.

Larry Henneman is a principal practicing in the areas of estate planning, trust and estate administration, estate and gift taxation, and trust and estate disputes. He is a Fellow of the American College of Trust and Estate Counsel and has been listed in Best Lawyers in America for over 20 years. Larry is a returning GPM alumnus.

Jim Lamm is a principal and a third-generation Minnesota estate planning attorney focusing his practice in the areas of estate planning, family business succession planning, probate and trust administration, and charitable giving. He works with executives, entrepreneurs, high-net-worth families, and family offices to achieve family goals, pass on family values and plan for family businesses. Jim was named a 2006 “Rising Star” by Minnesota Law & Politics.

Joining GPM’s Business Advisory Group are Barry F. Clegg and Gene H. Hennig.

They bring to the firm over 55 years of combined experience advising businesses on a variety of matters including tax law, mergers and acquisitions, shareholder disputes, secured transactions, and business formation and structure, along with other corporate finance matters. “We are really excited to have two such experienced and talented business lawyers adding additional depth to our team,” says Daniel Tenenbaum, co-chair of GPM’s Business Advisory Group. “We've admired the work of Clegg and Hennig from across the table many times and we’re thrilled to add their expertise to our clients’ side of the table.”

Barry Clegg is a principal practicing in the areas of mergers and acquisitions, tax law, and closely held businesses. He has assisted public and private companies in restructurings, recapitalizations, redemptions, mergers, acquisitions, and divestitures. Barry has also represented closely held companies in shareholder disputes and in dealings with minority shareholders—implementing strategies such as redemptions and tax-free divisions to facilitate creative resolutions. He was formerly chair of Rider Bennett’s Business Department.

Gene Hennig is a principal who represents business clients throughout the U.S. who are engaged in a wide spectrum of business endeavors. These clients have legal needs ranging from basic business formation issues to complex problems of corporate finance faced by major financial and manufacturing institutions. Most of Gene’s present client engagements are transactional in nature, requiring both legal expertise and experienced business judgment to bring successful conclusion. He has chaired the Business Law Section of the MSBA and was named a “Super Lawyer” by Minnesota Law & Politics in 2005 and 2006.

05-15-2007

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Flynn, Gaskins & Bennett, LLP

Partner Lori Semke Honored as a 2007 Up & Coming Attorney by Minnesota Lawyer
Partner Lori D. Semke has been selected as one of Minnesota Lawyer’s 2007 Up & Coming Attorneys. The award is given to attorneys who have achieved significant professional achievements, demonstrated commitment to community service, and have excelled in leadership positions during their first 10 years of practice. Lori is one of 20 attorneys recognized for this award. She will be featured in an upcoming issue of Minnesota Lawyer and will be honored at an awards luncheon on May 22, 2007.

Lori has practiced in the areas of products liability litigation, commercial litigation, and trademark enforcement at Flynn, Gaskins & Bennett since 1999. Lori has had a presence in the Minnesota legal community through her involvement in various bar organizations and committees, including as Chair of the HCBA New Lawyers Section. In the coming year, Lori will act as 2007-2008 Chair of the HCBA Community Relations Committee and as Co-Chair of the 2008 MSBA Convention Committee.

05-15-2007

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Fitch, Even, Tabin & Flannery

FETF Welcomes New Associates
FETF is pleased to welcome Paul Henkelmann and Ted Li as associates in the firm’s Chicago office. Paul has a B.S. in General Engineering, and graduated from the Chicago-Kent College of Law this year. Ted has practiced as a commercial litigation attorney since receiving his Juris Doctor from the University of Chicago Law School in 2003, and will now focus primarily on intellectual property litigation.

05-15-2007

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Briggs and Morgan, Professional Association

RCBA Presents Briggs’ Cosgriff with Humanitarian Award
William J. Cosgriff, shareholder in the firm of Briggs and Morgan, Professional Association, will receive Ramsey County Bar Association’s (RCBA) 2007 Distinguished Humanitarian Service Award at its annual meeting May 15, 2007.

Cosgriff was selected to receive the award based in part on the impact he has had on the bar and the community through many years of dedicated service to Legal Assistance of Ramsey County, the Urban Affairs Commission for the Archdiocese of Saint Paul and Minneapolis, CommonBond Communities, Capital City Partnership, Catholic Services for the Elderly, United Arts, Friends of the Saint Paul Public Library, Saint Paul Athletic Club, the University of St. Thomas, the Minnesota Club, Minnesota Public Radio, Saint Paul Winter Carnival Association, HealthEast Foundation, Minnesota Museum of American Art and Saint Paul RiverCentre Convention & Visitors Authority.

In addition to service, recipients are also chosen for outstanding professional performance, achievement in service to the citizens of Ramsey County, leadership in the development of law, and commitment to preserving and executing the vision of RCBA’s constitution.

Bill Cosgriff is a native of St. Paul, educated at Cretin High School and The College of St. Thomas (now The University of St. Thomas). He received his J.D. from the University of Minnesota Law School in 1966.

Cosgriff joined Briggs and Morgan in 1999, where he is a member of the firm’s financial institutions and real estate section. Cosgriff is a certified real property law specialist by the Minnesota State Bar Association. He advises clients on corporate and business law, and commercial and residential real estate development. He has served as a consultant to and as a director and officer of several privately held corporations.

05-15-2007

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Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn, LLP

FCSMC&C featured as New York Real Estate Journal's "Company of the Month"
FCSMC&C has been featured as New York Real Estate Journal's "Company of the Month". The article offers detailed information about the firm and provides an in depth discussion concerning the firm's growth over the past 30 years.

Jeffrey D. Forchelli explains, “Growth has always been a part of the firm’s philosophy. It allows us to establish new practice areas and strengthen existing ones to best serve our expanding client base.”

Describing the firm's capabilities, partner Anthony V. Curto discusses how the firm’s practice areas function both independently and as a collective unit.

“Each individual is responsible for exercising his or her own talents and skills, and, of course, everyone benefits from being able to obtain valuable input and expertise from other departments. Inevitably, our clients profit from having a one-stop law firm that can address all of their needs," Mr. Curto explains.

05-15-2007

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Dickinson Wright PLLC

Dickinson Wright Labor and Employment Experts To Discuss Managing Litigation Risks in the Electronic Age
Dickinson Wright experts in labor and employment law and information technology will share information about employee record retention and managing litigation risks in the electronic age at a May 15 seminar at the Community House in Birmingham, Michigan.

A well-planned and carefully implemented corporate record retention policy has always been an important element of a company's corporate compliance program. Recently, new legislation and changes in case law make analyzing and updating a policy critical – particularly at companies where a large amount of workforce information is stored electronically. Understanding the legal obligations with regard to retaining and organizing this information – both before and after litigation – is key to minimizing a company's risks and costs.

Seminar discussion will focus on the following:

Federal and State Statutory Requirements
-What records must be kept, and for how long
-What records can be maintained electronically
-What the future holds regarding recordkeeping requirements

Managing Litigation Risks
-Lessons learned from recent cases
-What electronically stored information must be produced in employment litigation
-What about all those emails being generated throughout the company?

The Need for and Components of an Effective Record Retention Program
-The written policy
-Implementation issues
-Observations of an IT Manager

The seminar will be held from 8:30 – 10:00 a.m., preceded by an 8:00 a.m. Continental breakfast, in the Hackett Room at the Birmingham Community House, 380 South Bates, Birmingham, Michigan. There is a $25 fee to attend, payable at the door. For more information, or to register, please contact Erin Lucas, elucas@dickinsonwright.com, or 313.223.3785.


About The Speakers:

Norman D. Hawkins, who focuses his practice on labor and employment law, is a Member in Dickinson Wright's Grand Rapids office. His areas of practice expertise include defending employers before juries in state and federal courts, counseling companies on all aspects of employment and labor relations policies and procedures including discharge issues, and representing employers in union avoidance, collective bargaining, grievance arbitrations and unfair labor practice charges. Norm holds a B.A degree from Spring Arbor College and a J.D. degree from Wayne State University Law School, both cum laude. He is a frequent author and speaker on employment law topics.

Ryan K. Mulally, a Member in Dickinson Wright's Detroit office, specializes in labor and employment relations. He is a member of the Labor and Employment Law sections of the American Bar Association and the State Bar of Michigan. He holds a B.S. degree with high honors from Michigan State University and a J.D. degree, cum laude, from the Wayne State University Law School, where he was a member of the Order of the Coif, the Golden Key National Honor Society and the Law Review. Ryan has authored numerous articles in the area of employment law.

As Chief Information Officer, Michael P. Kolb oversees all aspects of Dickinson Wright's information technology strategy and its execution. The firm uses a broad array of the industry's latest and leading information technology capabilities, including Cisco software such as VoIP and Meeting Place, to facilitate highly efficient and collaborative attorney/client relationships. Historically, the delivery of legal services has been via one-way, paper-based communication. Today, extensive technology-based information sharing capabilities enable Dickinson Wright attorneys to work with clients in an "anytime, anywhere" virtual environment. Mr. Kolb holds a bachelor's degree in finance Degree from Central Michigan University. He is a member of the Association of Information Technology Professionals, the Computer Security Institute and the International Legal Technology Association.

05-15-2007

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Brinks, Hofer, Gilson & Lione, P.C.

Federal Circuit Reverses Interference Decision
Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the U.S, today announced that the U.S. Court of Appeals for the Federal Circuit (the "Federal Circuit") issued a precedential opinion ordering that judgment be entered for its client, Capital Machine Co., Inc. The Federal Circuit's opinion reverses an earlier decision by the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences (USPTO) and holds that Capital Machine did not derive its inventive methods of cutting veneer from wooden logs from Miller Veneers. Brand and Capital Machine Co., Inc. et al. v. Miller et al., No. 2006-1419 (Fed Cir. May 14, 2007).

Inventors from Capital Machine and Miller Veneers each filed patent applications on methods of mounting and attaching a tapered log to a rotating apparatus in order to slice sheets of veneer from the tapered log, which allowed a more efficient use of the wood. At the USPTO, Miller Veneers argued that it showed several drawings depicting certain elements of the invention to Capital Machine and that Capital Machine derived its invention from Miller Veneers based on those drawings. Although the USPTO acknowledged that Miller Veneers failed to provide any evidence demonstrating that its drawings actually communicated the claimed invention, the USPTO relied on its own expertise and found that the drawings of Miller Veneer communicated the invention to Capital Machine. Therefore, the USPTO concluded Capital Machine derived the invention from Miller Veneers.

The Federal Circuit reversed the USPTO because it found that "the [USPTO] impermissibly relied on its own expertise in determining the question of derivation." Specifically, the Federal Circuit held "the [USPTO] substituted its own expertise for record evidence that Miller was obligated to provide." This precedential opinion of the Federal Circuit clearly teaches that when the parties contest an issue, "it is impermissible for the [USPTO] to base its factual findings on its expertise, rather than on evidence in the record."

05-15-2007

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