Law Firm News

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Holme, Roberts & Owen, L.L.P.

Dolphin-Safe Labeling Decision Affirmed
A three judge panel of the United States Court of Appeals for the Ninth Circuit on Friday unanimously held that efforts by the United States Department of Commerce to weaken the “Dolphin Safe” label found on tuna cans were inconsistent with the government’s own scientific conclusions and improperly influenced by the administration’s foreign policy goals.

Since 1990, federal law has not permitted the “Dolphin Safe” label to be affixed to tuna caught by using purse seine nets to trap dolphins and tuna congregating below dolphins, a practice that has killed hundreds of thousands of dolphins since its advent in the 1950s. Responding to pressure from Mexico and several South American nations, Congress in 1997 passed a law that would relax the prohibition if, and only if, the Secretary of Commerce issued a “Final Finding” that modern purse seine net fishing was not having a “significant adverse impact” on depleted dolphin populations in the eastern tropical Pacific. The Secretary issued that finding in December 2002, and it was immediately challenged by a coalition of environmental groups led by San Francisco’s Earth Island Institute. Earth Island alleged that the Finding was based on inadequate scientific research, contrary to the best available scientific evidence and the result of improper political pressure from Mexico and the U.S. State Department. United States District Judge Thelton Henderson agreed and vacated the Finding.

On Friday, a three judge panel of the United States Court of Appeals for the Ninth Circuit unanimously affirmed Judge Henderson. In a 23-page opinion, Chief Judge Mary Schroeder wrote that the Finding “was not rationally connected to the best available scientific evidence” and that the “record demonstrates that the Secretary was improperly influenced by political concerns.” The opinion concluded by noting that, therefore, “there will be no change in tuna labeling standards absent a new Congressional directive.”

Current and former lawyers from Holme Roberts & Owen LLP (“HRO”) litigated the case for nearly a decade. Josh Floum, formerly a partner at HRO and now Executive Vice President and General Counsel at Visa U.S.A., and Ariela St. Pierre, formerly an associate at HRO and now Corporate Counsel at Visa U.S.A., represented the plaintiffs throughout the challenge to the Initial Finding and in the District Court challenge to the Final Finding. After Mr. Floum and Ms. St. Pierre joined Visa, the plaintiffs were represented on appeal by HRO partner Richard Mooney and associate Jill Vizas. Mr. Floum reacted with great pleasure to the Ninth Circuit’s ruling, stating that “it’s been a long road, and it is satisfying to end the journey in the right place.” Mr. Mooney agreed, noting that the ruling “represents a clear victory not only for the dolphins but also for the rule of law and federal agencies’ obligation to follow Congressional directives.” David Phillips, director of the Marine Mammal Project of lead plaintiff Earth Island Institute had the final word: “This is a total victory for dolphin protection and for a ‘Dolphin Safe’ tuna label that can be trusted.”

Holme Roberts & Owen LLP is a 260 lawyer law firm with eight offices in the U.S. and Europe.

05-01-2007

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Harter Secrest & Emery LLP

HARTER SECREST & EMERY LLP EXPANDS INTELLECTUAL PROPERTY PRACTICE IN ROCHESTER Paul A. Leipold, Esq. Joins the Firm
The law firm of Harter Secrest & Emery LLP is pleased to announce that Paul A. Leipold has joined the firm as counsel in the Intellectual Property Group.

Paul has over 35 years of experience in patent prosecution and patent clearance, gained working for the United States Patent Office, Xerox Corporation, PPG Industries, Carborundum Company, Kimberly-Clark Corporation, and most recently, as Manager of the Patent Materials Group for Eastman Kodak Company. Paul received his J.D. from the State University of New York at Buffalo School of Law and his B.S., in Ceramic Engineering from Alfred University. He currently resides in Greece.

According to Stephen B. Salai, Chair of the firm's Intellectual Property Practice Group, “Paul adds both a wealth of experience and technical expertise in the important areas of chemistry and materials science to the group.

05-01-2007

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Harter Secrest & Emery LLP

HARTER SECREST & EMERY LLP ADDS LITIGATOR Jeffrey A. Wadsworth, Esq. Joins the Firm
The law firm of Harter Secrest & Emery LLP is pleased to announce that Jeffrey A. Wadsworth has joined the firm as an associate in the Litigation Group.

Jeff concentrates his practice in the areas of general, appellate/Supreme Court, and antitrust litigation. Prior to joining the firm, he practiced litigation in the Washington D.C. office of Gibson, Dunn & Crutcher, LLP. Jeff also previously served as Counsel to the Assistant Attorney General in the Civil Division of the U.S. Department of Justice, and he is a former law clerk to the Honorable Karen J. Williams of the United States Court of Appeals for the Fourth Circuit. Jeff received his J.D., with highest honors, from George Washington University and his B.A. from the College of William and Mary. He resides in Pittsford.

05-01-2007

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Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P.

WilmerHale Expands In Palo Alto With Hire Of Senior Antitrust Lawyer From Cisco Systems, Inc.
"WilmerHale is pleased to announce the hire of Gil Ohana in its growing Palo Alto office. Mr. Ohana joins the firm as counsel in the Antitrust and Competition Department from Cisco Systems, Inc. where he was director of antitrust and competition for the company.

In his position with Cisco, Mr. Ohana was responsible for obtaining antitrust approval for multiple acquisitions in the US, the European Union, and with other national competition authorities. He has also defended the company against antitrust and unfair trade practice allegations as well as coordinated responses to government investigations in the US, Europe, Japan and Korea.

Prior to joining Cisco, Mr. Ohana was a senior attorney at Hewlett-Packard Company in their antitrust department and, before that, also served as a trial attorney in the Antitrust Division of the US Department of Justice. During his time at Justice, he participated in government merger and non-merger investigations in computer software, computer hardware, interactive services and financial services. He was involved in some of the most high-profile public investigations and cases in the past fifteen years, including US v. Microsoft (monopolization), US v. Microsoft and Intuit (merger) and US v. Computer Associates (merger).

Mr. Ohana will add a West Coast presence to WilmerHale’s highly-regarded Antitrust and Competition Department. His position in the Palo Alto office will extend the firm’s ability to serve clients on the West Coast while tapping into the firm’s established antitrust presence and resources. WilmerHale has one of the leading antitrust and competition practices in the US and Europe. With more than 50 years' experience and over 70 competition lawyers in the US, Europe and China, we have secured antitrust clearance for hundreds of complex mergers and joint ventures, helped clients avoid fines and prison terms in many cartel investigations, and won numerous victories for clients in private and government litigation.

""We are delighted to welcome Gil to the firm. He brings unique antitrust experience that will be invaluable to clients both nationally and internationally. Gil is a recognized authority on the application of the antitrust laws to the highly dynamic technology and communications sectors of our economy and his presence in our Palo Alto office will enhance our ability to serve the needs of our clients in those industries and on the West coast generally,” said William Kolasky, co-chair of WilmerHale’s Antitrust and Competition Department.

Having received his JD from Columbia University Law School, Mr. Ohana was a law clerk for the Honorable Joel M. Flaum of the US Court of Appeals for the Seventh Circuit in Chicago, IL. He was a Harlan Fiske Stone Scholar at Columbia and served as Articles Editor for the Columbia Law Review. Mr. Ohana received his AB from Harvard College, where he graduated magna cum laude."

05-01-2007

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Briggs and Morgan, Professional Association

Briggs’ Jerry Rotman is Named 2007 “Law Day” Honoree
Jerry F. Rotman, Of Counsel attorney with Briggs and Morgan, Professional Association, is this year’s honoree for the 26th Annual Law Day Testimonial Dinner, hosted by The Fund for the Legal Aid Society and the Hennepin County Bar Association, benefiting the Legal Aid Society of Minneapolis.

Rotman has been selected as the 2007 honoree based on his more than 20 years of involvement with Legal Aid and its fund-raising arm, The Fund for the Legal Aid Society, along with his longstanding commitment to ensuring access to justice for the poor.

For over two decades, Rotman has served on The Fund’s board and executive committee, including one term as chair. In recent years, he has been instrumental in the development of The Fund’s planned giving program. After noticing a significant missed opportunity in which longtime supporters were passing away without remembering Legal Aid in their wills or estates, Rotman became a leading advocate of planned giving, making his own financial commitment and actively soliciting other participants.

As a qualified neutral mediator and arbitrator, Rotman provides low-income clients with a productive alternative to fighting in court in pro bono mediation services. In 1994, Legal Aid’s Active Senior Attorney Project (ASAP), a program that matches the legal skills of senior or retiring attorneys with the needs of Legal Aid, was founded. At the time, mediators were scarce. Rotman spearheaded the mediation component of ASAP, handling complex mediation cases and recruiting additional volunteers. He remains on its panel today.

Rotman will be honored at the 26th Annual Law Day Testimonial Dinner on May, 9, 2007. For ticket availability, call Barb at 612.746.3709. Jerry Rotman joined Briggs and Morgan in 1983 when his former firm, Levitt, Palmer, Bowen, Rotman and Share, merged successfully with Briggs. He became Of Counsel in 1993. While active in practice, Rotman’s focus was in corporate and commercial law. In addition to his work with Legal Aid and The Fund, Rotman’s pro bono mediation work is most active with the Minnesota Department of Human Rights, where he has assisted in resolving dozens of discrimination cases. He is also currently on the advisory board for the University of St. Thomas’ Center for Senior Citizens’ Education and the board for “Dollars for Scholars” in St. Louis Park.

05-01-2007

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Bell, Boyd & Lloyd, L.L.C.

Northwestern University Settlement House Honors Robert Best
The Northwestern University Settlement House, a 100-year-old charity serving impoverished residents of Chicago's West Town neighborhood, has named Bell, Boyd & Lloyd attorney Robert Best Board Member of the Year, honoring him with the Chairman's Award for his work with the organization.

Mr. Best, a partner with Bell Boyd's Real Estate Group, was introduced to the Settlement in 1990 when he was retained to work on acquisition, zoning and property tax exemption matters for the group's Evanston Hall, which houses many of its services. He later joined the Board and has continued all of his work on a pro bono basis, including providing legal services for the construction of Noble Street Charter School, one of Chicago's most successful charter school programs.

The award was presented by Board Chairman Glenn Dalhart, who lauded Mr. Best's invaluable contributions to its programs and for helping the group continue to expand its services to a growing number of residents in the West Town neighborhood.

Northwestern University Settlement was founded in 1891 to provide resources that empower its West Town neighbors to take personal responsibility for overcoming the obstacles of poverty and improving the quality of their lives. Through more than 70 programs and services, the Settlement serves approximately 8,000 low-income neighbors each year.

Bell Boyd has a distinguished history of pro bono representation, dating to the firm's founders who organized the Legal Aid Society. Bell Boyd's pro bono program last year alone dedicated thousands of hours to pro bono representation of the disadvantaged.

05-01-2007

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Williams, Kastner & Gibbs, P.L.L.C.

Washington Legislature Passes Insurance Fair Conduct Act to Impose Treble Damages for Unreasonable Claims Handling
The Washington legislature has passed a new "Insurance Fair Conduct Act." The Act raises the specter of treble damages in all Washington insurance coverage litigation and represents a significant change in the potential remedies available to insureds suing for coverage in Washington. Industry efforts to convince Governor Christine Gregiore to veto the bill have, to date, been unsuccessful, and it is likely that the bill will become binding law on August 14, 2007.

Currently, insurers do not face any significant exposure for punitive damages even where the insured alleges that an insurer has acted in bad faith. Punitive damages are available to insureds in Washington only where they prove a violation of the Consumer Protection Act (CPA) and, importantly, such damages are capped at $10,000 per violation. Furthermore, CPA claims are usually difficult to prove because the insured must establish that the insurer engaged in an unfair or deceptive act or practice that impacts the public interest.

The Insurance Fair Conduct Act effectively removes the $10,000 cap and appears to significantly expand the circumstances under which punitive damages may be awarded to a prevailing insured. The Act states that, after a finding that the insurer has either (a) “unreasonably denied a claim for coverage” or (b) violated the Washington Insurance Commission’s claims settlement rules, the trial court has the discretion to “increase the total award of damages to an amount not to exceed three times the actual damages.” The Act does not provide any definitions or other guidance as to the level of conduct that would warrant a punitive damages award. Insurers, therefore, should anticipate substantial litigation in the coming years to determine the circumstances under which a trial court has the discretion to impose punitive damages.

In addition, the Act explicitly endorses and expands the Washington Supreme Court’s 1991 decision in Olympic S.S. Co. v. Centennial Ins. Co., which established a prevailing insured’s right to recover their reasonable attorney’s fees. The Act provides that a trial court must award an insured not only their reasonable attorney’s fees, but also any expert witness fees, whenever there is a finding that an insurer has unreasonably denied coverage or violated one of the specified claims settlement rules.

The Act does impose a written notice requirement as a prerequisite to any suit under the Act. At least 20 days prior to filing suit, an insured must provide written notice “of the basis for the cause of action” to the insurer and the Insurance Commissioner.
As there is nothing in the Act to indicate whether or not it applies only prospectively, future coverage litigation may also raise issues regarding retroactive application.

Prepared by attorneys Jerry B. Edmonds, Dana A. Ferestien and Teena M. Killian of Williams Kastner's Insurance Practice Team. Williams Kastner provides comprehensive insurance related services to clients throughout the Pacific Northwest and the United States.

05-01-2007

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