Law Firm News

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Law Firm News

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Quinn Emanuel Urquhart Oliver & Hedges, LLP

Parmalat Case to Proceed Following Appellate Victory in New Jersey
Parmalat Case to Proceed Following Appellate Victory in New Jersey
Quinn Emanuel’s Appellate Practice Group won an important decision from New Jersey’s Appellate Division for Parmalat’s Bankruptcy Administrator in his suit against Citibank. Citibank appealed the denial of its motion to dismiss the complaint on forum non conveniens and jurisdictional grounds. The appellate court issued a unanimous decision affirming the trial court’s denial of Citibank’s motion to dismiss. The three-judge panel rejected the argument by Citibank’s special purpose entity, “Eureka,” that it was not subject to jurisdiction of the courts in New Jersey, and directed that discovery in the lawsuit proceed. Quinn Emanuel’s client’s suit therefore will proceed towards trial in New Jersey, while his separate suits against Bank of America, Grant Thornton, and Deloitte and Touche continue towards trial in federal court.

11-30-2006

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Quinn Emanuel Urquhart Oliver & Hedges, LLP

Quinn Emanuel Wins Dismissal of All Claims in Nationwide Class Action Suit
Quinn Emanuel won a complete dismissal of a national class action asserted against its client Toyota. Plaintiff had alleged nationwide class claims based on breach of warranties and product defect, and state class claims alleging violations of various California consumer protection statutes including Business & Professions Code Sections 17200 and 17500. In a series of strategic motions and negotiations with counsel, Quinn Emanuel successfully moved to dismiss the national class claims and then won a dismissal of the remaining causes of action for lack of federal jurisdiction.

11-30-2006

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Quinn Emanuel Urquhart Oliver & Hedges, LLP

Summary Judgment Won in Class Action Breach of Contract and Unfair Competition Case
Quinn Emanuel recently obtained summary judgment on behalf of a major California health plan. Plaintiff, a PPO member of the health plan, was injured in an accident and required surgery. The health plan paid less than 10% of the surgeons’ fee. Plaintiff sued our client, alleging breach of contract and unfair business practices. He claimed that the health plan failed to disclose its payment methodology or the fact that the plan reimbursed based upon “Medicare rates.” Plaintiff also sought class action certification, which would have called into question every PPO claim paid by the plan in the State of California over the last four years.

We moved for summary judgment on the ground that the contract adequately described the plan’s obligation to pay surgical expenses and that a health plan is not required to fully disclose its payment methodology to plan members. The court agreed, granting summary judgment for our client on all claims.

11-30-2006

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Porter & Hedges LLP

C. Dean Herms, Jr. Joins Firm as Partner; New Associates Join Ranks
Porter & Hedges announced today that C. Dean Herms, Jr. has joined the firm as a partner in the business litigation section. In addition, eight new associates have joined the firm in multiple practice areas.

Herms brings with him a national practice that focuses on race, gender, national origin, age, religious and disability discrimination and sexual harassment. He also handles trade secret/non-compete issues, workers’ compensation retaliation claims, unemployment claims, and a wide variety of other types of employment law concerns and client counseling needs.

“Dean is a broadly-experienced litigator and counselor who brings with him a wealth of experience in the area of employment law,” said firm chairman, Bill Porter. “He will be a great additional resource for our clients and we are very pleased he is joining us.”

Herms received his JD in 1997 from South Texas College of Law where he was a member of the National Order of the Barristers. In 2005 and 2006, he was recognized as a “Rising Star” in employment litigation by Texas Monthly magazine.

As well, Porter & Hedges has further expanded its banking and finance, corporate, litigation and energy practices with the addition of eight new lawyers.

Jason Lloyd has joined the firm’s banking and finance practice as an associate. A summa cum laude graduate of the University of St. Thomas, Lloyd received his J.D. from the University of Texas School of Law. His experience includes representing borrowers and lenders in a wide range of financing transactions including energy, real estate, and commercial.

Jessica Averitt has joined the firm’s litigation practice as an associate. She is a graduate the University of Houston and received her J.D. from the University of Texas School of Law.

Lindsay Cowart has joined the firm’s litigation practice as an associate. She is a graduate of Southwestern University, cum laude, and received her J.D., with honors, from the University of Texas School of Law.

Amy Lucas has joined the firm’s litigation practice as an associate. She is a graduate of Texas A&M University, summa cum laude and received her J.D., magna cum laude, from the University of Houston Law Center.

Christina Maple has joined the firm’s energy practice as an associate. She is a graduate of Vanderbilt University, magna cum laude, and received her J.D., with honors, from the University of Texas School of Law.

Timothy Ross has joined the firm’s litigation practice as an associate. He is a graduate of Texas A&M University and received his J.D. from South Texas College of Law.

Kenneth Sumner has joined the firm’s litigation practice as an associate. He is a graduate of the University of Houston and received his J.D. from the University of Houston Law Center.

Stephen Tumminello has joined the firm’s corporate practice as an associate. He is a graduate of Texas A&M University, summa cum laude, and received his J.D., with honors, from the University of Texas School of Law.

11-30-2006

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Morris, Nichols, Arsht & Tunnell LLP

Three Partners Named to Lawdragon 3000 List
Adding to an established national reputation for excellence in corporate law, three attorneys at Morris, Nichols, Arsht & Tunnell LLP have been named to Lawdragon 3000 Leading Lawyers in America, a list of the top U.S. lawyers ranked by clients and peers. The attorneys are: Walter C. Tuthill, Michael Houghton and Julia Heaney.

Mr. Tuthill and Mr. Houghton are members of the firm’s Commercial Law Counseling Group and head its unclaimed property practice. Messrs. Tuthill and Houghton, along with the accounting firm Deloitte & Touche LLP, co-authored a comprehensive analysis of the law of unclaimed property, recently released by the Bureau of National Affairs (BNA). The treatise is published in BNA’s Corporate Practice Series Portfolio 74-2nd "Unclaimed Property." [Michael Houghton et al., Unclaimed Property, 74-2nd C.P.S. (BNA)]

Mr. Tuthill is also listed in the prestigious Chambers USA Guide to America’s Leading Lawyers For Business as an outstanding practitioner in Corporate/M&As as well as the 2006 Best Lawyers in America, a preeminent referral guide to the legal profession in the United States.

Mr. Houghton is currently the Vice President and a member of the Executive Committee of the National Conference of Commissioners on Uniform State Laws ("NCCUSL"), and is active in a variety of political, professional and community organizations.

Ms. Heaney is a member of the firm’s Intellectual Property Litigation Group who, according to national legal publisher IP Law & Business, ranked second nationally in the number of patent cases filed in 2005. Ms Heaney has participated in numerous bench and jury trials in a wide range of patent and trade secret cases in the pharmacological, technological, medical device and consumer electronic fields.

The Lawdragon 3000 Leading Lawyers in America List represents less than one percent of the legal profession and is considered among the most elite group of legal professionals in the country. The Lawdragon 3000 list was compiled after thousands of interviews with corporate attorneys, litigators, judges, in-house counsel, prosecutors, law school professors, pro-bono practitioners, law firm managers, legal recruiters and clients. Lawyers on the list are organized in nearly 70 practice specialties including corporate law, the category for which Mr. Tuthill is recognized.

11-30-2006

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Merchant & Gould P.C.

Merchant & Gould and William Mitchell College of Law To Recognize Distinguished In-House Trademark Counsel With First Annual Paul A. Welter Award
Merchant & Gould and William Mitchell College of Law are pleased to announce that they are accepting nominations for the first annual Merchant & Gould Paul A. Welter Award for Excellence in Trademark Law. The award honors distinguished in-house trademark counsel who has distinguished himself or herself by their career accomplishments and service to the community. The recipient will be presented with a plaque and a $5,000 honorarium for the charity of his or her choice. The deadline for award submissions is January 31, 2007. The recipient will be announced at the 2007 International Trademark Association Annual Meeting in Chicago.

Nominations forms and criteria information can be found at:

"During his 40-year tenure with Merchant & Gould, Paul A. Welter made a profound impact in the area of trademark law and was greatly respected by his peers and clients," said Scott A. Johnston, partner, Merchant & Gould. "His passing has left a void within the firm and legal community but it is his legacy of integrity and veracity that we wish to honor by creating this very special award in his name."

About Paul A. Welter
A graduate of the William Mitchell College of Law, Paul joined Merchant & Gould in 1965 and during his 40-year career with the firm, he served as treasurer, administrative vice president, president, a member of the board of directors, and as managing partner. Paul was known by his clients, colleagues and within the legal community as a man of unwavering integrity. Paul was extremely active with civic and industry organizations including the Minneapolis Rotary, The Fund for the Legal Aid Society, The Minnesota Intellectual Property Law Association, The American Intellectual Property Law Association, and most notably, The United Way. Paul passed away on Friday, January 6, 2006.

11-30-2006

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Merchant & Gould P.C.

Gregory D. Leibold Joins Merchant & Gould, Denver
Merchant & Gould, a leading intellectual property law firm, announced that Gregory D. Leibold has joined its Denver office as Of Counsel. Mr. Leibold practices in all areas of intellectual property procurement, licensing, and related litigation. Prior to joining the firm, Mr. Leibold spent six years as General Counsel of two technology companies.

"We are thrilled to have Greg join our team," said CEO and Managing Director, Randy King. "Greg's experience as General Counsel provides him a real-world perspective on how technology companies protect and leverage intellectual property. He knows how to balance legal issues with practical business needs to produce a strategy that makes the most sense for his clients."

Mr. Leibold has extensive experience negotiating license, maintenance, collaboration, consulting, outsourcing, and other related agreements on behalf of technology companies. He has prosecuted and litigated patents in a variety of fields, including: software, Internet telephony, telecommunications, mechanical and sports inventions, and financial services systems.

Mr. Leibold started his career in 1991 as a patent examiner in the United States Patent & Trademark Office. He graduated from the University of Colorado School of Law and earned his B.S. in Electrical Engineering and English from Duke University.

11-30-2006

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