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Justices Ask The Obvious Question
On Tuesday this week, Supreme Court justices heard oral arguments in KSR v. Teleflex, which some practitioners believe is the most important patent case to come before the Court in 40 years. The case concerns whether the test the Federal Circuit applies when assessing obviousness is the only test that can be used. Erik Puknys of Finnegan Henderson in Palo Alto said he was “very surprised” at the Court’s characterization of the Federal Circuit test: “We have never felt we had any trouble articulating the test. It is a tough test to meet but the obviousness defense is still pretty good.” He added that if the Supreme Court decides that there may be other ways to show obviousness apart from the Federal Circuit’s test, but does not specify what those are, that would lead to further backlogs in the PTO and “cases would become less settle-able.

12-04-2006

Cozen O'Connor Member Installed as President of National Association of Subrogation Professionals
Cozen O’Connor member Elliott R. Feldman was recently installed as president of the National Association of Subrogation Professionals (NASP). Feldman has been active in NASP for a number of years, having previously served as chair of NASP’s annual conference, chair of NASP’s Amicus Committee, Vice President, President-Elect, and a member of the Board of Directors and Executive Committee. He is particularly proud of his efforts in coordinating coalitions within NASP and the broader subrogation insurance industry to oppose anti-subrogation legislation that was proposed in several jurisdictions, as well as in spearheading the preparation and filing of amicus briefs in a wide variety of court cases involving possible erosion of subrogation interests.

NASP is a non-profit trade association of insurance company subrogation professionals, attorneys, and forensic accountants working on behalf of the insurance industry. The purpose of NASP is “to enhance the stature and effectiveness of subrogation and recovery professionals through education, training and the exchange of information.”

Feldman is chair of Cozen O’Connor’s national and international subrogation and recovery department. He also serves on the firm’s executive and management committees. Feldman concentrates his practice in the prosecution of property damage subrogation claims. He has tried in excess of 35 substantial subrogation matters, and has secured numerous six-figure and multimillion-dollar recoveries for his insurance and commercial clients. He also provides legal advice and counsel to a broad spectrum of commercial clients to develop comprehensive crisis management plans, including procedures for evacuation, investigation, preservation of evidence, securing hardcopy and electronic data, coordination of crisis management activities, and post-crisis issues, including human resource concerns, insurance activities and media relations.

A frequent lecturer, Feldman has presented on a broad range of topics pertaining to the subrogation practice area before numerous insurance industry groups. In addition, he has authored numerous articles and papers for insurance, legal and business publications.

Feldman is a member of the American, Pennsylvania and Philadelphia bar associations. He is also a member of Phi Beta Kappa and was selected a “Pennsylvania Super Lawyer” by his peers, appearing in Philadelphia Magazine and Pennsylvania Super Lawyers.

Feldman is admitted to practice in Pennsylvania and before the U.S. Supreme Court, U.S. District Courts for the Eastern District of Pennsylvania and the Districts of Arizona, Michigan and Connecticut, and the U.S. Court of Appeals for the First, Second, Third and Ninth Circuits.

A resident of Bala Cynwyd, Pa., Feldman received his undergraduate degree from Temple University (B.A., summa cum laude, 1975), and after doing graduate work at Harvard University, earned his law degree from Temple University Beasley School of Law (J.D., cum laude, 1980).

12-04-2006

John P. Dempsey Joins Carlton Fields in the Orlando Office
The law firm of Carlton Fields is pleased to announce that John P. Dempsey has joined the Orlando office as a Shareholder in the Firm’s Labor and Employment Practice Group. He has a broad knowledge of employment law issues, including employee relations, mergers and acquisitions, internal investigations and grievance resolutions, wage and hour compliance, and general compliance with applicable federal and state employment laws and regulations. Dempsey has represented Fortune 500 companies, local governments, and other clients in litigation matters, including first-chair in jury and bench trials, appeals, and mediations.

Prior to joining Carlton Fields, Dempsey served Cendant Timeshare Resort Group, Inc. as Litigation and Employment Law Group Leader, Vice President and Senior Counsel where he managed a legal team responsible for handling all litigation and employment-related legal matters for three nationwide companies with over 20,000 employees. He also practiced with Akerman, Senterfitt & Eidson, P.A.; Rumberger, Kirk & Caldwell, P.A.; and Graham & James, LLP from 1990 to 1999 collectively.

Dempsey is admitted to practice in Florida and California, and before the U.S. Court of Appeals for the Ninth and Eleventh Circuits, U.S. District Court for the Middle and Southern Districts of Florida, and U.S. District Court for the Central District of California. His professional involvement includes membership in The Florida Bar and the American Corporate Counsel Association.

Dempsey received his J.D., with honors, from The George Washington University in 1990 and his B.A., in Political Science, from San Diego State University in 1986.

12-04-2006

Leslie Schultz-Kin Returns to Carlton Fields in the Tampa Office
The law firm of Carlton Fields is pleased to announce that Leslie Schultz-Kin returns to the Tampa office as an Associate in the Firm’s Real Property Litigation and Labor & Employment Practice Groups.

Schultz-Kin returns to Carlton Fields as an associate after practicing with Phelps Dunbar, LLP from 2005 to 2006. Prior to joining Carlton Fields, she practiced with Annis, Mitchell, Cockey, Edwards & Roehn, P.A. from 2000 to 2001.

Schultz-Kin received her J.D., cum laude, from Stetson University College of Law in 1999 and her B.A., in Political Science, from Ohio University in 1992.

12-04-2006

Christopher M. Klemawesch Joins Carlton Fields in the Tampa Office
The law firm of Carlton Fields is pleased to announce that Christopher M. Klemawesch has joined the Tampa office as an associate in the Firm’s Business Litigation and Trade Regulation Practice Group.

Prior to joining Carlton Fields, Klemawesch was a law clerk for the U.S. District Court for the Middle District of Florida for The Honorable Judge Gregory A. Presnell and practiced as an associate with White & Castle LLP.

Klemawesch received his J.D., with high honors, from the University of Florida in 2003; his M.B.A. from the University of South Florida in 2000; and his B.A. from the University of Notre Dame in 1996.

12-04-2006

Baker & McKenzie Advises Efes Breweries International N.V. on US$300M Rights Offering and Private Placement
Baker & McKenzie announced today that it has advised its existing client, Efes Breweries International N.V. (EBI), on a rights offering to existing Global Depositary Receipt (GDR) holders and private placement of GDRs, valued at approximately US$300 million. EBI is the Dutch holding company for a leading brewing group in the countries in the Commonwealth of Independent States, Eastern Europe and the Balkans. The Firm acted as English, US and Dutch legal counsel to EBI. The GDRs are listed on the Official List of the UKLA and admitted to trading on the London Stock Exchange. EBI completed an initial public offering of GDRs on the London Stock Exchange in October 2004 and the Firm served as English, US and Dutch legal counsel to EBI at the time of the IPO.

Partner Tom Philipp commented: "We are grateful for the opportunity to assist EBI with a second international equity offering in two years following the success of its IPO in 2004. The multi-jurisdictional nature of this transaction plays to one of Baker & McKenzie's strengths, combining the expertise of our London office’s Capital Markets Group with in-depth knowledge of the jurisdictions in which EBI operates and the corporate expertise of our Dutch office."

The Baker & McKenzie team was led by Tom Philipp (Partner) and Federico Salinas (Senior Associate), assisted by Kathryn Bennett Rea (Associate) in London and was led by Edwin Liem (Partner) and Marc Rijkaart (Senior Associate) in Amsterdam.

HSBC Bank plc was the financial advisor and placement agent advised by Clifford Chance LLP plc.

12-04-2006

Dettelbach Addresses Cleveland Bar’s White Collar Crime Institute
partner Steve Dettelbach was invited to address the Cleveland Bar Association’s White Collar Crime Institute, "White Collar Crime: Prosecution and Defense," on Monday, December 4, which featured several prominent white collar defense attorneys, prosecutors and law enforcement agents.

Dettelbach, who formerly served as a federal prosecutor for the U.S. Department of Justice in Washington, D.C., and at two U.S. Attorney’s offices, was the moderator and a panelist for the session titled, "Investigating, Prosecuting and Defending Public Corruption Charges: Handling High-Profile Criminal Matters.

12-04-2006

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