Law Firm News

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Law Firm News

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Edwards & Angell, L.L.P.

Mergers & Acquisitions: A Practical Global Guide
John L. Reed recently authored the U.S. Chapter of "Mergers & Acquisitions: A Practical Global Guide" published by Globe Business Publishing Ltd. This 453-page, 28-chapter book covers the applicable M&A laws of 28 countries.

08-29-2007

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Thompson & Coburn, L.L.P.

U.S. Court of Federal Claims Finds in Favor of Firm Clients, Superior Helicopter, LLC and Rainier Heli-Lift, Inc.
The U.S. Court of Federal Claims issued a declaratory judgment in favor of firm clients Superior Helicopter, LLC and Rainier Heli-Lift, Inc. Both companies are longtime contractors that have supplied specialized helicopters and skilled crew members to help the United States Forest Service (USFS) fight forest fires in the western United States. After the USFS rejected the companies’ bids earlier in the year to continue providing these services, they filed protests at the U.S. Government Accountability Office (GAO), which has until mid-October to issue rulings.

When such protests are filed at the GAO, the challenged contracts normally are stopped. However, in this instance, the Acting Chief of the Forest Service determined that urgent and compelling interests justified going forward with the contracts. When that determination was made public, Superior and Rainier filed suit in the U.S. Court of Federal Claims, arguing that the USFS’s determination was arbitrary and capricious because it was not supported by the facts. The Court of Federal Claims issued a declaratory judgment setting-aside and dissolving the USFS’s determination. Tim Sullivan and Kym Nucci in the firm’s Washington, D.C. office served as co-counsel in both the court action and at the GAO.

08-29-2007

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Hagens, Berman, Sobol & Shapiro, L.L.P.

Judge Certifies Class-Action Case against Nation’s Largest Pharmaceutical Distributor in Alleged Pricing Scheme
A U.S. District judge yesterday certified a class-action lawsuit against McKesson Corporation (NYSE: MCK) in what could be one of the largest legal battles concerning drug pricing.

The suit, originally filed in U.S. District Court in Boston in October 2006 by Seattle-based Hagens Berman Sobol Shapiro on behalf of consumers and third-party payers alleges that McKesson - the largest pharmaceutical distributor in North America-entered into a secret agreement to artificially inflate the reported average wholesale price (AWP) of thousands of drugs, a benchmark used by Medicaid and insurance plans to determine payment to pharmacies.

In her ruling, Judge Patti Saris certified the case as a class action representing millions of healthcare consumers who made co-payments on what the suit alleges were artificially inflated drug prices.

According to the complaint, beginning in late 2001, McKesson and First Databank, a publishing company, reached a secret agreement on how the AWP would be set for brand-named drugs, and in doing so, raised the spread between the published AWP and the actual acquisition costs in an effort to increase profits.

Earlier this year First Databank reached a settlement with the plaintiffs which includes a roll-back of AWP prices and an agreement to stop publishing the data all together.

According to the complaint, McKesson communicated the price increase to First Databank, who published the information, even amid questions by manufacturers who recognized the impact to consumers and third-party payers.

"It is clear to us that McKesson's motivation was to extract higher profits on the backs of healthcare consumers, many of whom are stretched to the economic breaking point," said Steve Berman, HBSS managing partner and co-lead attorney.

In her ruling certifying the class, Judge Saris cites that prior to 2000, McKesson estimated that 20 percent of drug manufacturers used a 25 percent markup, but by 2002, that number had increased to 95 percent.

"As a result of this artificial increase in the markup…thousands of TPP [third-party payers] public entities and consumers have had their drug prices increased," Saris wrote in her ruling.

The case claimed that McKesson violated federal Racketeer Influenced and Corrupt Organizations (RICO) act, and various California consumer laws. If found guilty, McKesson could be forced to pay treble damages under the RICO statute.

"We believe that the damages incurred by healthcare consumers and third party payers could range in the billions of dollars," Berman said.

08-29-2007

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Senniger, Powers, Leavitt & Roedel's, P.C.

Senniger Powers' Associate Michael Vander Molen Comments on New Patent Rules.
In an effort to reduce the backlog of patent applications, the USPTO has promulgated new rules governing continuation practice and limiting the number of claims that will be examined in a patent application. Senniger Powers' Associate Michael Vander Molen provides a summary of these new USPTO rules.

Under the new rules, which become effective on November 1, 2007, an applicant is entitled as a matter of right to file two continuation applications and one request for continued examination ("RCE") in each patent family. If the applicant wishes to file any third or more continuation application or second or more RCE, the applicant must first file a petition showing that the amendment, argument, or evidence sought to be entered by way of the continuation or RCE could not have been submitted earlier. Unfortunately, the new rules fail to provide any guidance as to what circumstances would meet the "could not have been submitted" requirement.

In addition, the new USPTO rules limit each application to 5 independent claims and 25 total claims unless the applicant submits an Examination Support Document ("ESD"). If an application having more than 5 independent claims or 25 total claims does not include an ESD, the applicant must either amend the claims to meet the 5/25 requirement or submit an ESD to avoid abandonment. According to the rules, an ESD must include a preexamination search statement, a listing of references most closely related to the subject matter of each claim, an identification of claim limitations disclosed by each reference, a detailed explanation of patentability, and a showing of written description support.

In response to public comments, the USPTO chose not to adopt several previously proposed rules including a rule requiring that divisional applications must be filed during pendency of the first-filed application and a rule requiring that the applicant must elect "representative" claims.

08-29-2007

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Phillips Lytle, L.L.P.

Twenty-Nine Phillips Lytle LLP Partners From The Firm’s Buffalo Office Named New York State Super Lawyers
Twenty-nine Partners with the Buffalo office of Phillips Lytle, a full service law firm with statewide coverage, have been named by New York State Super Lawyers magazine as being among the top attorneys in New York State for 2007. Only five percent of the lawyers in the state are named by Super Lawyers. Forty attorneys across four of the firm’s offices were recognized by Super Lawyers, the most attorneys from a single law firm selected to the list of Upstate New York Super Lawyers. Upstate New York Super Lawyers includes Buffalo, Jamestown, Rochester and Albany.

“To be named by Super Lawyers is certainly an honor for each of our forty attorneys recognized this year and is representative of the high quality of talent Phillips Lytle has throughout the state,” said Morgan G. Graham, Managing Partner.

Frederick G. Attea, Kenneth A. Manning, Michael B. Powers and John C. Spitzmiller were named among the top 50 Super Lawyers in Upstate New York. Other Partners from Phillips Lytle’s Buffalo office named Super Lawyers include: Thomas C. Bailey, Alan J. Bozer, Mark E. Brand, Peter D. Braun, William J. Brown, James D. Donathen, Kevin J. English, Robert E. Glanville, Morgan G. Graham, James R. Grasso, Robert M. Greene, Kevin M. Hogan, Gary F. Kotaska, David J. McNamara, Michael R. Moravec, David J. Murray, John A. Pappano, Arthur A. Russ, Jr., Raymond H. Seitz, Ronald S. Shubert, Lisa L. Smith, James W. Smyton, Paul K. Stecker, Sharon L. Wick and Paul B. Zuydhoek.

The selections for Super Lawyers are made by Law & Politics, a division of Key Professional Media, Inc. of Minneapolis, MN. Each year, Law & Politics undertakes a rigorous multi-phase approach that includes a statewide survey of lawyers, independent evaluation of candidates by the Law & Politics’ attorney-led research staff, a peer review of candidates by practice area and a good-standing and disciplinary check. Law & Politics has been publishing Super Lawyers magazines across the country since 1991.

08-29-2007

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Phillips Lytle, L.L.P.

Phillips Lytle LLP Partner-In-Charge Richard E. Honen Named By New York State Super Lawyers
Richard E. Honen, Partner-In-Charge of the Albany office of Phillips Lytle, a full service law firm with statewide coverage, has been named by New York State Super Lawyers magazine as one of the top attorneys in New York State for 2007. Only five percent of the lawyers in the state are named by Super Lawyers. Forty attorneys across four of the firm’s offices were recognized by Super Lawyers, the most attorneys from a single law firm selected to the list of Upstate New York Super Lawyers. Upstate New York Super Lawyers includes Buffalo, Jamestown, Rochester and Albany.

“To be named by Super Lawyers is certainly an honor for each of our forty attorneys recognized this year and is representative of the high quality of talent Phillips Lytle has throughout the state,” said Morgan G. Graham, Managing Partner.

The selections for Super Lawyers are made by Law & Politics, a division of Key Professional Media, Inc. of Minneapolis, MN. Each year, Law & Politics undertakes a rigorous multi-phase approach that includes a statewide survey of lawyers, independent evaluation of candidates by the Law & Politics’ attorney-led research staff, a peer review of candidates by practice area and a good-standing and disciplinary check. Law & Politics has been publishing Super

Lawyers magazines across the country since 1991. At Phillips Lytle, Mr. Honen focuses his practice in corporate and venture capital law and commercial litigation.

08-29-2007

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Phillips Lytle, L.L.P.

Phillips Lytle LLP Partner Martin F. Idzik Named By New York State Super Lawyers
Martin F. Idzik, a Partner with the Jamestown office of Phillips Lytle, a full service law firm with statewide coverage, has been named by New York State Super Lawyers magazine as one of the top attorneys in New York State for 2007. Only five percent of the lawyers in the state are named by Super Lawyers. Forty attorneys across four of the firm’s offices were recognized by Super Lawyers, the most attorneys from a single law firm selected to the list of Upstate New York Super Lawyers. Upstate New York Super Lawyers includes Buffalo, Jamestown, Rochester and Albany.

“To be named by Super Lawyers is certainly an honor for each of our forty attorneys recognized this year and is representative of the high quality of talent Phillips Lytle has throughout the state,” said Morgan G. Graham, Managing Partner.

The selections for Super Lawyers are made by Law & Politics, a division of Key Professional Media, Inc. of Minneapolis, MN. Each year, Law & Politics undertakes a rigorous multi-phase approach that includes a statewide survey of lawyers, independent evaluation of candidates by the Law & Politics’ attorney-led research staff, a peer review of candidates by practice area and a good-standing and disciplinary check. Law & Politics has been publishing Super Lawyers magazines across the country since 1991.

At Phillips Lytle, Mr. Idzik concentrates his practice in the area of labor and employment law including labor arbitrations, the negotiation of collective bargaining agreements and discrimination claims litigation.

08-29-2007

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