Law Firm News

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Wood, Herron & Evans, L.L.P.

Adam Weeks and Chuck Figer join WH&E - 11/20/2006
Adam Weeks and Chuck Figer have joined WH&E as new Associates.

Adam R. Weeks graduated magna cum laude from Clemson University in 2003 with a Bachelor of Science in Mechanical Engineering. He received his Juris Doctor degree, cum laude, from the University of Cincinnati College of Law in 2006. While in law school, Adam served as the Executive Director of the Moot Court Honor Board and was a member of the Immigration and Nationality Law Review. Adam sits on Mayor Mark Mallory's Young Professional Kitchen Cabinet (YPKC), a group that advises the Mayor on various issues and develops initiatives designed to have a positive effect on the City. Adam resides downtown Cincinnati with his wife Amber.

Charles R. Figer, Jr. received a Bachelor of Science degree in Electrical Engineering from the Milwaukee School of Engineering in 1994 and his Juris Doctor degree, cum laude, from the University of Dayton School of Law in 2006. During Law School, Chuck served as the Managing Editor of the Law Review. Previous to WH&E, Chuck had 21 years of engineering experience. He performed numerical simulations in the fields of electromagnetics, structural vibrations, and numerical optimization, among others. Chuck worked with other engineers in the aerospace, automotive and consumer products industries. He resides in Beavercreek, Ohio with his wife Wendy and daughter Emily.

11-20-2006

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

Cooley Godward Kronish Forms Government Contracts Group
Cooley Godward Kronish LLP announced today that Gregory A. Smith and Kevin P. Mullen have joined the Firm as partners. Smith and Mullen will anchor Cooley’s newly-formed Government Contracts practice group, which will be based in the Firm’s Washington, DC office. Formerly partners in DLA Piper’s Government Contracts practice group, Smith and Mullen bring to Cooley more than 50 years of government contracts experience and deep expertise in the industry sector.

“Our clients have an ever-expanding need for this expertise and Greg and Kevin are two of the leading government contracts attorneys in the U.S.,” said Joe Conroy, partner in charge of Cooley’s Washington, DC office. “Increased spending on research and services for homeland security and defense needs has made the federal government an important source of funding and business for technology and other growth companies. A growing number of our clients nationwide also have substantial business dealings with the federal government. The addition of these partners expands our service offerings to clients and strengthens our growing Washington, DC practice.”

The Government Contracts practice group provides both counseling and litigation services to clients. Currently matters handled by the group include negotiations with government agencies, IP counseling, compliance advice related to issues such as pricing and accounting rules, advising on subcontractor, joint venture and teaming relationships with other private sector entities and mergers and acquisitions due diligence. Litigation matters include bid protests and contract actions, such as claims for contract price adjustments and termination disputes.

Smith has spent the majority of his career in private practice and was most recently chair of DLA Piper’s Government Contracts practice group where he represented domestic and international clients in negotiations with government agencies and counseled clients on matters involving defective pricing, cost accounting disputes and termination disputes. He has represented subcontractors and prime contractors in claims before the U.S. Court of Federal Claims, the U.S. district courts and courts of appeals and has tried complex cases before boards of contract appeals involving shipbuilding and other major claims. In addition, he has litigated contract award disputes before the Government Accountability Office and the Federal Courts. He is a past Chair of the ABA’s Section of Public Contract Law and currently serves as the Chair of the U.S. Court of Federal Claims Advisory Council.

Chambers USA: America’s Leading Lawyers for Business cites Smith for his government contracts practice and in 2005 he was named among Washington's Legal Elite by Washington SmartCEO magazine.

Smith earned his A.B. from Miami University, and his J.D. from the University of Virginia. Following law school he clerked for the Hon. Marion T. Bennett, U.S. Court of Claims (now the U.S. Court of Appeals for the Federal Circuit).

Along with broad expertise in government procurement matters, Mullen has particular experience counseling clients involved in homeland security contracting, including vaccine development and production for bio-defense and Avian flu programs, chemical and radiological detection products and security services. Mullen is considered one of a handful of national experts in risk and liability mitigation for anti-terrorism technology companies, having represented clients in obtaining liability protection under the SAFETY Act and Government indemnification under Public Law 85-804. In addition, he is experienced in bid protest litigation, and has represented protesters and contract awardees before the Government Accountability Office, the U.S. Court of Federal Claims and state protest forums. Mullen is a co-chair of the Bid Protest Committee within the ABA’s Public Contract Law Section.

Mullen earned his undergraduate degree and law degree from the University of Virginia. He has spent his entire career in private practice.

11-20-2006

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Garvey Schubert Barer

Donald B. Scaramastra Honored with Civil Libertarian Award
Garvey Schubert Barer's Donald B. Scaramastra was co-recipient of the Civil Libertarian Award at the Bill of Rights Celebration Dinner held by the ACLU of Washington on November 18th. The award was presented for outstanding contributions to civil liberties in Washington and exemplary commitment and skill in gaining a landmark victory for effective legal representation regardless of wealth.

In November 2005, Garvey Schubert Barer's pro bono efforts, led by Donald Scaramastra, along with those of Perkins Coie LLP, Columbia Legal Services and the ACLU of Washington, helped clinch a victory against Grant County, as officials agreed to overhaul the county's system for providing legal defense to people charged with felonies who cannot afford an attorney.

Donald Scaramastra, an Owner in GSB's Seattle office, is co-chair of the Seattle Litigation Group. He focuses his practice on Antitrust Litigation, Business & Commercial Litigation, Intellectual Property Litigation and Environmental Law. He received his J.D. from University of California at Berkeley, Boalt Hall (1991), and his B.A. in Political Science, magna cum laude, from the University of California, Irvine (1988). He was honored with a 2004 Dallaire Public Service Award, which recognizes staff members and attorneys of Garvey Schubert Barer who have made extraordinary contributions in the area of community service or pro bono legal services.

In 2005, Garvey Schubert Barer attorneys and paralegals collectively contributed 11,321 hours of pro bono legal work to the communities in which we live and practice. Valued at the firm's standard hourly rates, this contribution amounted to more than $2.89 million.Garvey Schubert Barer's Donald B. Scaramastra was co-recipient of the Civil Libertarian Award at the Bill of Rights Celebration Dinner held by the ACLU of Washington on November 18th. The award was presented for outstanding contributions to civil liberties in Washington and exemplary commitment and skill in gaining a landmark victory for effective legal representation regardless of wealth.

In November 2005, Garvey Schubert Barer's pro bono efforts, led by Donald Scaramastra, along with those of Perkins Coie LLP, Columbia Legal Services and the ACLU of Washington, helped clinch a victory against Grant County, as officials agreed to overhaul the county's system for providing legal defense to people charged with felonies who cannot afford an attorney.

Donald Scaramastra, an Owner in GSB's Seattle office, is co-chair of the Seattle Litigation Group. He focuses his practice on Antitrust Litigation, Business & Commercial Litigation, Intellectual Property Litigation and Environmental Law. He received his J.D. from University of California at Berkeley, Boalt Hall (1991), and his B.A. in Political Science, magna cum laude, from the University of California, Irvine (1988). He was honored with a 2004 Dallaire Public Service Award, which recognizes staff members and attorneys of Garvey Schubert Barer who have made extraordinary contributions in the area of community service or pro bono legal services.

In 2005, Garvey Schubert Barer attorneys and paralegals collectively contributed 11,321 hours of pro bono legal work to the communities in which we live and practice. Valued at the firm's standard hourly rates, this contribution amounted to more than $2.89 million.

11-20-2006

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Fasken, Martineau & Du Moulin, L.L.P.

Best Lawyers in Canada - 2007: Three Fasken Martineau lawyers recognized in Class Action Litigation category
On November 15, 2006, the National Post published the results of the Best Lawyers in Canada directory in the Class Action Litigation category. Three Fasken Martineau lawyers have been included on this prestigious list:

Andrew Borrell, from the Vancouver office
Geoffrey Cowper, from the Vancouver office
Jeffrey S. Leon, from the Toronto office

11-20-2006

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Cohen and Wolf, P.C.

Cohen & Grigsby Bills Time Toward Finding a Cure - Firm Supports JDRF’s “Walk to Cure Diabetes”
Jack Elliott, president, chief executive office and director of Cohen & Grigsby led his team of walkers across the finish line in support of a good cause, exceeding monetary goals. As corporate chairman of the Juvenile Diabetes Research Foundation’s (JDRF) “Walk to Cure Diabetes,” the fastest growing fundraising event in the history of JDRF, Jack takes a personal interest in helping those who suffer from the chronic condition, type 1 (juvenile) diabetes. The Pittsburgh Walk (held at Schenley Park) exceeded its financial goal of $599,000 and was able to bring in a total of $680,000. Combined with the Latrobe Walk (held at St. Vincent College) balance of $360,000, JDRF received more than $1 million (a personal goal of Elliott’s) from the greater Pittsburgh region.

“I believe it’s important to give something back and support a cause that impacts millions of people (of all ages) around the country” said Elliott, JDRF board member and a victim of type 1 for more than 32 years. “Diabetes is a chronic disease on the rise and I feel any support that can be provided will certainly benefit those in need.”

Diabetes affects 230 million people worldwide with 5 million suffering from type 1 (juvenile) diabetes. According to the World Health Organization, 350 million people will have diabetes by 2025. Juvenile diabetes is a leading cause of kidney failure, adult blindness, stroke, heart attacks and nerve damage leading to amputation.

11-20-2006

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Cox & Smith Incorporated

Cox Smith Matthews Adds 14 New Associates
Cox Smith Matthews Incorporated today announced the addition of 14 new associates. The new hires will be working in a range of departments including Bankruptcy, Corporate, Energy, Labor & Employment, Litigation, Real Estate, and Tax/Employee Benefits. Thirteen of the associates will be based in the firm’s San Antonio headquarters, while Zachery Z. Annable will join the firm’s fast-growing Dallas office.

“We are enthusiastic about the outstanding group of new associates who have joined our firm, incorporating their various experiences and new perspectives into our environment,” said Managing Director Jamie Smith. “From these fourteen talented men and women, we expect great things. They are all highly qualified professionals with whom we plan on having a long and successful partnership.”

The firm’s new associates include:

Jason Adelstein, who joined the firm’s Real Estate practice area,
Zachery Z. Annable, who joined the firm’s Creditors' Rights, Corporate Restructuring and Bankruptcy department.
Ross J. Davidson, who joined the firm’s Corporate and Securities practice area.
David T. Denton, who joined the firm’s Litigation practice area.
Lindsey R. Doherty, who joined the firm’s Creditors' Rights, Corporate Restructuring and Bankruptcy department.
Mike T. Lennane, who joined the firm’s Labor and Employment practice area.
Katy P. Moore, who joined the firm’s Energy and Natural Resources practice area.
John C. Norman, who joined the firm’s Real Estate practice area.
Katherine Patton, joined the firm’s Tax practice area.
Saima Shaikh, who joined the firm’s Health Care practice area.
William Todd Thetford, who joined the firm’s Corporate and Securities practice area.
Soledad Valenciano, who joined the firm’s Labor and Employment practice area.
Corey F. Wehmeyer, who joined the firm’s Litigation practice area.
Dustin S. Whittenburg, joined the firm’s Tax practice area.

11-20-2006

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Cooper, White & Cooper, LLP

California Supreme Court Upholds Blanket Immunity for ISPs and Other Republishers From Liability for Defamation
The California Supreme Court ruled unanimously this week in Barrett v. Rosenthal that internet-service providers (ISPs) and Internet users who republish defamatory content with notice of its defamatory character cannot be held liable for that republication under a theory of common law "distributor" liability. The Court relied on Section 230 of the federal Communications Decency Act, which immunizes ISPs and Internet users from liability for republication of defamatory content.

Under common law, distributors such as newspaper vendors could be held liable for defamation when they had notice of defamatory statements in their publications, but the original publisher could be held liable even without notice. This traditional distinction of liability between "distributors" and "publishers" was eliminated in the context of the Internet by Section 230 of the Communications Decency Act of 1996 (CDA). Section 230 states that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider" and "No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section." Courts around the country have interpreted Section 230 of the CDA to grant a blanket immunity to any cause of action that would make ISPs liable for torts such as defamation committed by the ISP's users when that information originated with the ISP user (although there is a split of authority on whether tort claims such as invasion of privacy are also preempted by Section 230).

The First District Court of Appeal initially held in Barrett v. Rosenthal held that California common law "distributor" liability remained despite the blanket immunity in the CDA, allowing liability for ISPs and Internet users if they republished statements with notice of the defamatory nature of such statements. The Supreme Court reversed that Court of Appeal decision. Acknowledging that "blanket immunity for those who intentionally redistribute defamatory statements on the Internet has disturbing implications," the Supreme Court nonetheless upheld that blanket immunity on the grounds that Congress has comprehensively immunized republication by individual Internet users in Section 230 of the CDA. The Court noted that "[t]he statutory immunity serves to protect online freedom of expression and to encourage self-regulation, as Congress intended." While plaintiffs are free under Section 203 to pursue the originator of a defamatory Internet publication, the Court held that "[a]ny further expansion of liability must await Congressional action.

11-20-2006

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