Law Firm News

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Law Firm News

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Swanson, Martin & Bell, L.L.P.

Kansas Repeals The UCC Statute of Frauds Limit for Personal Property, Defines "Good Faith" and "Course of Dealing"
Kansas Senate Bill No. 183 repeals the UCC Statute of Frauds $5,000 limit in value or value of remedy for contracts involving the sale of personal property. In addition, the new law defines “good faith” and “course of dealing”, as well as expressly states that other laws more specific than the UCC are pre-emptive.

07-20-2007

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Smith Haughey Rice & Roegge

McManus Joins Smith Haughey and Expands the Firm's Real Estate Law Department
Smith Haughey Rice & Roegge is pleased to announce that Jeffrey J. McManus has joined the firm as a shareholder in the Traverse City office. He will focus his practice on real estate law, estate planning, and general business law.

A practicing attorney for 30 years, Jeff most recently served as a sole practitioner under the firm name Land & Estate Planning Services P.C. He is a member of the State Bar of Michigan, Grand Traverse-Leelanau-Antrim Bar Association, Home Builders Association of the Grand Traverse Area, and the Association of Realtors at both the state and national levels.
Jeff received a Bachelor of Science in Business Administration from Central Michigan University and a Juris Doctor from Wayne State University.

07-20-2007

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Oblon, Spivak, McClelland, Maier & Neustadt, P.C.

Federal Circuit Again Finds in Favor of SMC in Landmark Festo Case
The U.S. Court Of Appeals for the Federal Circuit (CAFC) has affirmed the Massachusetts district court’s judgment in favor of SMC Corp. of lack of infringement of Festo Corporation’s U.S. Patent No. 4,354,125. The July 5, 2007 ruling determined that prosecution history estoppel applied because Festo failed to rebut the Supreme Court’s presumption that SMC’s accused equivalent was foreseeable. This nearly 20-year long landmark patent infringement dispute between SMC and Festo included two Supreme Court and five Federal Circuit decisions, two of which were en banc.

“SMC is, of course, pleased with this decision” said Arthur I. Neustadt, a name partner at Oblon, Spivak, McClelland, Maier & Neustadt, P.C., and the lead counsel for SMC who successfully argued this case before the Supreme Court and the Federal Circuit.

The CAFC ruling, which includes a history of this case, is available upon request.

07-20-2007

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Oblon, Spivak, McClelland, Maier & Neustadt, P.C.

Chambers USA 2007 Ranks Oblon, Spivak #1 Again Among Intellectual Property Firms in Northern Virginia
Oblon, Spivak, McClelland, Maier & Neustadt, P.C. is pleased to announce that the Firm has been ranked as a #1 law firm for intellectual property in Northern Virginia for the third consecutive year in Chambers USA 2007. Additionally, Arthur I. Neustadt and Charles L. Gholz again share a #1 ranking among leading intellectual property attorneys in the state.

According to Chambers USA’s profile about the firm and attorneys:

“This Alexandria boutique is well known among peers. Interviewees comment on the ‘large variability in the excellent abilities of its lawyers.’The firm acts for clients nationally and internationally in all areas of patent, trademark and copyright prosecution and litigation, and has a particularly strong interference practice.”

“According to peers, Charles Gholz is the ‘premier IP lawyer for interference law in the country.’ He focuses his practice on representing clients in patent interference matters both in and out of the courts.”

“The ‘terrific and first-class’ Arthur Neustadt is head of the litigation department. He represents clients in front of the Supreme, federal circuit and regional circuit courts in all national and international IP matters.”
“It is an honor to have our peers and other in-house counsel continue to recognize us as a leading intellectual property firm in Virginia,” said Gregory J. Maier, the firm’s managing partner.

07-20-2007

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Murphy Desmond, S.C.

Firm Opens office in Janesville
This July, the 76-year-old law firm of Murphy Desmond branched outside of Madison by opening a full-service law firm in Janesville, located at 400 Midland Ave, Suite 102. Two attorneys, who have practiced law in the Janesville-Milton-Beloit-Lake Geneva market, will operate from the Janesville office, and have the resources of all the attorneys at Murphy Desmond's Madison office.

Attorney Scott K. McCarthy, who helped develop our Janesville office, practices in many areas of litigation. He was elected the Rock County District Attorney in 1994, and prosecuted five homocide cases that all lead to convictions. McCarthy has a law degree from the University of Nebraska College of Law and an undergraduate degree from UW-Stevens Point. He served in the military from 1983-1985 and is an active volunteer in the Janesville/Milton community.

Attorney Stephen C. Werner, Jr., is also a founding member of the Murphy Desmond Janesville office. His practice focuses primarily on all aspects of business law including real estate transactions, sales and acquisitions, intellectual property matters, business formations and financial matters. He is currently the Commissioner on the Janesville City Plan Commission and involved with Forward Janesville and Junior Achievement. Werner has a law degree from the University of Wisconsin Law School and an undergraduate from UW-Madison.

07-20-2007

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Looney & Grossman LLP

Edward V. Colbert drafts Suffok Construction Co.,Inc, v. Division of Capital Asset Management brief on behalf of the BBA.
SJC Rules in Suffok Construction Co., Inc. v. Division of Capital Asset Management On July 13, the SJC unanimously ruled in Suffok Construction Co., Inc. v. Division of Capital Asset Management that "by enacting the public records law, G.L. c. 66, § 10, and G.L. c. 4, § 7, Twenty-sixth," the Legislature did not intend "to extinguish the protection provided by the attorney-client privilege to public officers or employees and governmental entities subject to that law." In other words, attorney-client privileged materials need not be produced in response to a public records request, even if not within one of the express exemptions in the statute. The SJC also ruled, more clearly and explicitly than in any prior case, that government clients do in fact enjoy the attorney-client privilege. This is a very important decision since this argument has been hanging over government attorneys' and clients' heads ever since the 1999 SJC General Electric decision holding that attorney work product was not per se exempt from disclosure under the public records laws.

Consistent with its long-standing support for preserving attorney-client privilege, the BBA filed an amicus brief last August supporting DCAM's position on the policy ground that documents of government agencies and employees should enjoy protection from disclosure under the public records law if those documents are subject to the attorney-client privilege. The case was before the SJC on report from the Suffolk Superior Court, which denied a request by Suffolk Construction for an injunction compelling DCAM to produce, pursuant to the public records statute, what DCAM claimed were documents protected by the attorney-client privilege.

Special thanks to Edward V. Colbert, III of Looney & Grossman for drafting the brief on behalf of the BBA.

07-20-2007

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Locke, Liddell & Sapp, L.L.P.

Peter B. Dewar Joins Dallas Office of Locke Liddell & Sapp
Peter B. Dewar has joined the Dallas office of Locke Liddell & Sapp as a Member in the Firm’s Corporate and Securities practice group. Prior to joining Locke Liddell, he was a founder and principal of Metro Cinema Group, which developed and operates a multi-screen movie theater and restaurant complex in Colleyville, Texas. Prior to his involvement with Metro Cinema, Dewar was a partner in the Dallas office of Baker Botts L.L.P.

Dewar’s practice involves a wide variety of corporate, securities, finance and real estate matters, with particular concentrations in the areas of private placement of securities and bank lending and other commercial financing transactions. His private placement practice involves the representation of both issuers and institutional investors in connection with a wide variety of structures and securities, including secured and unsecured senior debt securities, subordinated debt, convertible debt, preferred stock, warrants, trust-preferred securities, merger and acquisition financing, ESOP financings, credit tenant loans, leveraged leases and other structured financings, together with related workout and other restructuring transactions. In his commercial finance practice, Dewar primarily represents both lenders and borrowers in connection with the establishment or restructuring of various agented and single-lender credit facilities, including for working capital, acquisition and bridge financing purposes. Named a Texas Super Lawyer by Texas Monthly magazine, he also has significant experience representing investors, developers and lenders in the areas of commercial real estate financing, acquisition, development and disposition. He is a graduate of the University of Houston Law Center, where he was Associate Editor of the Houston Law Review, and is a Plan II Honors graduate of the University of Texas.

07-20-2007

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