Law Firm News

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Law Firm News

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Baker & Hostetler, L.L.P.

Wisconsin Technology Network: The Press vs. Google: Copyright Cases to Watch
Cleveland partner Deb Wilcox, co-chair of the firm’s Intellectual Property Litigation practice, authored a column that was published on December 12 on the Wisconsin Technology Network website titled, "The Press vs. Google: Copyright Cases to Watch."

Wilcox authors a bi-monthly "IP Online" column for the Wisconsin Technology Network website. To view the current and archived columns from the website, click here.

The December 12 column focuses on whether "Google News—which displays thumbnail images, headlines, and story leads in connection with links to complete news stories on external websites—infringe[s] copyrights in the original photographs and news stories?"

According to the column, Google had been sued by numerous news organizations for just such infringement, but has recently stuck deals with the Associated Press and two Belgian news groups, in which it will pay for use of stories and photographs.

However, other suits are still pending. Wilcox goes on to detail Google’s defense in these cases, including the fair use defense and the electronic "opt out" option the news organizations could choose to utilize.

Wilcox concludes: "It is no surprise that tough copyright issues raised by the press against Google, involving online dissemination of facts and fair use, are being resolved out of court, particularly in Europe—where defenses to copyright infringement are limited. Some say that the very premise of the World Wide Web is to link and share information, and that Google is merely facilitating the linking. Others argue that Google unjustly profits from the content developed by others. Given the settlements, the debate may continue for quite some time."

12-12-2006

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Ulmer & Berne LLP

Six Ulmer & Berne LLP Attorneys Distinguished as 2007 Leading Lawyers by Cincy Business Magazine
Six attorneys from the Cincinnati office of Ulmer & Berne LLP, one of Ohio’s largest law firms with four offices across the Midwest, have been named 2007 Leading Lawyers by Cincy Business magazine.

12-12-2006

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Magavern Magavern Grimm, LLP

Raymond H. Caso, Jr. Joins Magavern Magavern Grimm LLP
The law firm of Magavern Magavern Grimm LLP has hired Raymond H. Caso, Jr. as an associate. He concentrates his practice in commercial and residential real estate, trusts and estates law, and general business law.

Caso previously was senior associate and real estate managing attorney for Block, Colucci, Notaro & Laing, PC. He is a former law clerk for Erie County Surrogate’s Court, and has acted as Guardian ad Litem for Surrogate’s Court. He has served on the Village of Kenmore Planning Board.

Caso, who received his bachelor’s degree from State University of New York at Buffalo, is a graduate of University of Buffalo School of Law. He is a resident of Tonawanda, New York.

12-12-2006

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Magavern Magavern Grimm, LLP

John W. Andrews Joins Litigation Department
Magavern Magavern Grimm LLP is pleased to announce that John W. Andrews has joined the firm as an associate. He concentrates his practice in civil and criminal litigation, and is based in the firm’s office in Niagara Falls, New York.

Andrews previously was an Assistant District Attorney for Niagara County. He received his bachelor’s degree from State University of New York at Buffalo, and is a graduate of University of Buffalo School of Law. He is a resident of Niagara Falls, New York.

12-12-2006

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Zuckerman Spaeder LLP

Baltimore Partner Cy Smith Helps Ex-Steelers Great Win Appeal Against NFL
Ex-Steelers great Mike Webster, who died in 2002, won a final battle against the NFL's pension plan today. Webster, who played 245 games at center (the most ever), and every offensive down over a six-year period, was active from 1974 until 1991. The Steelers won four Super Bowls with him at center, and he was inducted into the NFL Hall of Fame in 1997.

In a unanimous opinion released today, the U.S. Court of Appeals for the Fourth Circuit upheld a 2005 trial court ruling that Mike Webster was "totally and permanently disabled" as a result of multiple brain injuries from playing pro football. The court found that the NFL's pension plan "lacked substantial evidence" to deny Webster an active football disability pension. The court also found that the NFL "ignored the unanimous medical evidence, including that of its own medical expert, [and] disregarded the conclusion of its own appointed investigator." And the court found that "there is nothing in [the] record to uphold" the NFL's denial of benefits.

Today's ruling will result in the award of at least $1.5 to 2 million to Mike Webster's family, which include his four children. It will also set a precedent for other disabled retired NFL players, who have argued that the NFL pension plan is unfairly restrictive in the disability benefits it awards. The Webster family's win is the first ruling by an appeals court against an NFL disability pension award.

Baltimore-based Zuckerman partner Cy Smith prosecuted the case in trial court and argued the appeal. He was joined by West Virginia attorney Bob Fitzsimmons, who filed the disability claim in 1999. "This is a big win for Mike's children, who deserve a fair accounting from the NFL for the injuries their father suffered," said Mr. Smith. He added, "It's also a big win for other NFL players who deserve disability benefits and can see that justice has been done in this case."

Founded in 1975, Zuckerman Spaeder LLP is one of the nation's leading litigation firms, with offices in Washington, Baltimore, New York, Miami, Tampa and Wilmington. Zuckerman Spaeder represents corporations and individuals in high stakes litigation with complex civil and criminal liability.

12-12-2006

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Wolf Haldenstein Adler Freeman & Herz, LLP

Court vacates class cert in IPO Securities Litigation; Supreme Ct to hear antitrust case
the United States Court of Appeals for the Second Circuit vacated the decision by the United States District Court for the Southern District of New York certifying as class actions six “focus cases” in the Initial Public Offering Securities Litigation. At present, it is not know what impact, if any, the Second Circuit’s decision will have upon the proposed settlement announced on June 26, 2003 between the plaintiffs and the issuer defendants and their directors and officers, which would guarantee payments from the insurers of the issuers of at least $1 billion to investors who are class members, or upon the plaintiffs’ proposed settlement with J.P. Morgan Chase & Co. for $425 million announced on April 20, 2006. Nor is it known what ultimate impact the Second Circuit’s decision will have upon the cases that comprise the Initial Public Offering Securities Litigation. Click here to read the decision.

On December 7, 2006, the Supreme Court agreed to hear an appeal by 10 investment banks from the decision by the United States Court of Appeals for the Second Circuit that sustained an antitrust complaint that alleges an “epic Wall Street conspiracy” to profit at the expense of the investing public by manipulating the market for more than 800 Internet stocks during the IPO frenzy of the late 1990s and 2000. In their appeal, the investment banks will ask the Supreme Court to rule that they are exempt from federal antitrust law.

12-12-2006

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Kronish, Lieb, Weiner & Hellman, L.L.P.

Cooley’s Bankruptcy & Restructuring Team Wins Two Trials on Behalf of Unsecured Creditors in Troutman’s Emporium Bankruptcy
Cooley Godward Kronish’s Bankruptcy & Restructuring practice group has secured two winning verdicts in recent trials in the Troutman's Emporium bankruptcy case.

Representing the interests of the Official Committee of Unsecured Creditors in Troutman's, Cooley lawyers went to trial in two separate cases. The first involved the Alamo Group, which ultimately purchased some of the company’s assets in bankruptcy. The second was brought against Ron Troutman, one of the company's former officers.

The Cooley team was successful in obtaining a verdict valued at over $2M in the action against Alamo and approximately $250,000 in the matter against Mr. Troutman. The case against the Alamo Group was founded upon a breach of the Designation Rights Agreement through which Alamo acquired the assets of Troutman’s Emporium. The case against Mr. Troutman was based upon non-payment of various receivables due and owing to the company in bankruptcy.

“We are very pleased with the outcome of both trials in the Troutman bankruptcy case,” said Jay R. Indyke, the Bankruptcy & Restructuring partner who led the Committee in the Troutman’s Emporium bankruptcy. “These verdicts enhance the prospect of an even larger return for the unsecured creditors, who have already received cash distributions totaling 65 percent of allowed claims in the case.”

The Cooley trial team for the Alamo matter included partner Ronald R. Sussman and associate Jeff Cohen. The trial team for the Ron Troutman case included both Mr. Sussman and associate Gregory Plotko.

12-12-2006

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