Law Firm News

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Rumberger, Kirk & Caldwell Attorneys At Law

Bond, Dietzen Speak At HR Professional Excellence Day
Effectively managing human resources can be a daunting task for any employer. Attorneys Linda Bond and Leonard Dietzen helped shed light on important HR issues as featured speakers at a Human Resources Professional Excellence Day conference.

Bond acknowledges that keeping up with laws impacting an organization is a constant challenge. The Tallahassee attorney offered valuable advice and provided HR professionals with the latest developments in employment law.

"The laws governing what companies can and cannot do are constantly evolving," said Bond. "It is imperative that employers ensure they stay informed and remain prepared to meet new guidelines."

Bond cited a recent U.S. Supreme Court decision that upheld a finding of retaliation against a female maintenance worker who had filed a sexual harassment complaint with her employer, a railroad company. "Employers must carefully consider employment actions for employees who have filed complaints," Bond cautioned.

Another issue gaining significant national attention is the use and regulation of email in the workplace. Dietzen, a frequent lecturer on email liability, challenged employers to evaluate and revise their email policies.

"Studies have found that 50% of companies don't have published policies on corporate email use," said Dietzen. "The first step toward protecting your employees and your company is putting a policy in place."

Rumberger, Kirk & Caldwell, P.A. was a platinum sponsor of the conference, which was organized by The Big Bend Society for Human Resources management and held at Tallahassee Community College's Economic Development Workforce Center.

Conference attendees included human resources executives, professionals and staff supervisors, as well as small business owners from throughout the region.

Linda Bond and Leonard Dietzen are partners with Rumberger, Kirk & Caldwell, P.A., a law firm of trial attorneys representing clients throughout Florida, Alabama, and the southeastern United States.

05-10-2007

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Roetzel & Andress A Legal Professional Association

Roetzel & Andress Renews Memorandum of Understanding with Battelle Memorial Institute
Columbus Operations, recently announced that the two organizations have renewed a Memorandum of Understanding under which they have employed their collective capabilities to support and accelerate the growth of early stage technology companies in the state of Ohio. Under the agreement, the parties have provided support services for the benefit of early stage technology companies based in Ohio or based on in-state (Ohio) applied innovation and research. Roetzel & Andress will continue to assist Battelle in its work for the Ohio Department of Development Technology Division, providing Emergent™ services to NASA Glenn Research Center scientists and engineers.

"For those who wish to form technology-based companies, there are many early resource challenges," stated Anthony Margida, Battelle, Company Formation Advisor. "Having access to Roetzel & Andress' intellectual property team for advice in visioning a protective patent shield and prioritizing the steps to achieve it helps the entrepreneur to build the foundation of the business."

"We, of course, are pleased to work in close cooperation with Dr. Margida and an organization like Battelle as well as to continue our contribution to an undertaking that is vital to this region," stated Mark C. Terzola, Intellectual Property Practice Group Manager with Roetzel & Andress.

05-10-2007

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Milbank, Tweed, Hadley & McCloy LLP

Milbank Partner Linda Dakin-Grimm Recognized as Top Women Litigator by Los Angeles Daily Journal
For the second consecutive year, Linda Dakin-Grimm, a partner in the international law firm Milbank, Tweed, Hadley & McCloy LLP, has been ranked a “Top Women Litigator” by the Los Angeles Daily Journal. Ms. Dakin-Grimm has also been twice-ranked among the Top 50 Women Lawyers in California (2003, 2004).

Ms. Dakin-Grimm was recognized for her achievements in business and reinsurance litigation and arbitration. Her notable trial victories for 2007 include:
Successfully representing creditor UBS in a $300 to $400 million complex business valuation trial that was part of a larger bankruptcy proceeding.

Successfully representing AIG Member Companies against a California-based reinsurance company that refused to reimburse the companies

Successfully representing Associated Accident and Health Reinsurance Underwriters (“AAHRU”), a pool of reinsurers composed of more than 15 companies, in a dispute that involved substantial financial losses to AAHRU from broker Sedgwick (now part of Marsh McLennan, broker in the U.S.) and Bradstock (a broker in the United Kingdom now in liquidation). AAHRU filed against Sedgwick and Bradstock for breach of contract, negligence, breach of fiduciary duty and negligent misrepresentation.

Ms. Dakin-Grimm joined Milbank in 1999. She received her B.A., cum laude, from Yale University and her J.D. from Harvard Law School.

05-10-2007

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Milbank, Tweed, Hadley & McCloy LLP

Milbank Closes Financing for Toll Road in Peru; Intersur Concessiones S.A. Issues $562 Million in Senior Secured Notes
Supporting continued infrastructure development in South America, toll road concessionaire Intersur Concessiones S.A., through a special purpose vehicle (“SPV”) Interoceanica IV Finance Limited, has issued $562 million in senior secured notes to finance the construction, operation and maintenance of a toll road in Peru. The international law firm Milbank, Tweed, Hadley & McCloy LLP, led by partner Gary S. Wigmore, represented BNP Paribas Securities Corp. in negotiating and closing the transaction.

Mr. Wigmore, senior project finance partner, noted, “This is third financing related to the construction of the Corredor Vial Interoceanica Sur. Given its innovative hedging and support structure as well as the flexible purchase schedule set for the obligation certificates issued by the Republic of Peru, it is truly the ‘state of the art’ structure for this type of financing.”

Interoceanica’s debt issuance is part of a public-private partnership program known as the Initiative for the Integration of Regional Infrastructure in South America (“IIRSA”). IIRSA is a multilateral program established by a group of twelve South American countries in 2000 to coordinate, develop and implement priority infrastructure projects critical to the region’s economic development. The toll road concession consists of a 2,600 kilometer network of existing toll roads connecting port cities in Peru with those in Brazil.

In addition to Mr. Wigmore, the Milbank team representing BNP Paribas Securities included senior associate Caroline Walther-Meade and associates Jeffrey Rector and Peter Hughes.

05-10-2007

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McAfee & Taft A Professional Corporation

Patently 'Obvious': Attorneys Unravel KSR v. Teleflex
Patent attorney Cliff Dougherty, practice leader of McAfee & Taft's Intellectual Property Group, was interviewed by the Journal Record to discuss the Supreme Court's recent decision in KSR v. Teleflex.

Experts agree the high court's unanimous ruling, which addressed the fundamental question of whether an invention is "obvious" and therefore not patentable, will make successful patent challenges easier to accomplish and may make it more difficult for inventors to obtain new patents.

According to Dougherty, the Supreme Court determined that the federal circuit's application of the teaching/suggestion/motivation test for determining obviousness, which has been the law for 45 years, was too rigid. Under KSR, it will be easier for challengers to show obviousness.

"Certainly there are probably some questions that the Supreme Court has left unanswered that the federal circuit is going to have to come back in and fill in the gaps," said Dougherty. "That's always the case when you have a sweeping opinion like this, that makes a radical change."

Still, he believes the KSR ruling may lead to more contested patent litigation, with fewer cases where litigants are willing to settle quickly.

05-10-2007

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Matheson, Ormsby & Prentice, P.C.

Matheson Ormsby Prentice advises on three of the Deals of the Year
Leading Irish law firm Matheson Ormsby Prentice has been recognised as having advised on three of the award-winning transactions of the past year. The list of transactions was compiled by Irish magazine 'Finance' in its annual 'Deals of the Year' edition.

The winning transactions were:

Corporate Finance Deal of the Year: €2.36 billion acquisition of eircom Group plc by Babcock and Brown and the eircom employees share ownership trust. Matheson Ormsby Prentice advised Babcock and Brown Capital Limited.

Most Innovative Deal: START Mortgages Limited's securitisation of its non-conforming loans. Matheson Ormsby Prentice advised Barclays Capital.

Best Leveraged Finance Deal: US$4.5 million acquisition by Houghton Mifflin Riverdeep Group plc of Houghton Mifflin and Riverdeep. Matheson Ormsby Prentice advised Houghton Mifflin Riverdeep Group plc.

05-10-2007

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Kenyon & Kenyon, LLP

Fisher-Price Prevails at Federal Circuit in First Patent Test Case After U.S. Supreme Court Ruling on Obviousness
The intellectual property law firm Kenyon and Kenyon LLP announced today that its clients, Mattel, Inc. and Fisher-Price, Inc. prevailed at the Court of Appeals for the Federal Circuit in the first application of the obviousness standard that was broadened by the U.S. Supreme in a major patent decision nearly two weeks ago.

The Supreme Court decision -- combined with the application by the Court of Appeals --will help companies to defend against weak patents that should be invalid for obviousness, according to John Flock, a Kenyon & Kenyon partner who represented Fisher-Price and Mattel at trial.

The Federal Circuit yesterday (May 9, 2007) affirmed a district court ruling that Fisher-Price’s PowerTouch System – which helps children to read through phonetics -- does not infringe on claim 25 of the ‘861 patent held by LeapFrog Enterprises, Inc. and that the claim was invalid.

“The court ruled in our client's favor by finding non-infringement and that Leapfrog’s asserted claim is invalid,” said Flock. “This decision breaks new ground for the Federal Circuit in expanding the scope of obviousness guided by the U.S. Supreme Court’s ruling in KSR vs.Teleflex and will provide greater flexibility to trial courts to find invalidity.” Flock said.

In its decision in favor of Mattel and Fisher-Price, the Federal Circuit noted the U.S. Supreme Court’s ruling from April 30, 2007: “[a]n obviousness determination is not the result of a rigid formula disassociated from the consideration of the facts of a case.” . It can be obvious to use the “adaptation of an old idea or invention . . . using newer technology that is commonly available and understood in the art . . . .”

The appeal was argued by Kenyon & Kenyon attorneys Jim Galbraith; with John Hutchins, Rich DeLucia, John Flock, Ron Sigworth and Patrick Herman on the brief.

Handling the matter at trial were Rich DeLucia, John Flock, John Hutchins, and Jerry Canada, with Richard Mayer, Jeffrey Butler, Thomas Makin, Ronald Sigworth, Patrick Herman, and John McDaniel.

05-10-2007

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