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Cynthia Bremer to Speak on Workplace Retaliation
Cynthia Bremer will be speaking at Minn CLE's 33rd Annual Labor & Employment Law Institute on November 15, 2006 in downtown Minneapolis. The panel discussion "Retaliation in the Workplace: The Impact of Burlington Northern and Other Important Decisions," will cover what retaliation claims are being made, what parties must prove and how the new Supreme Court opinion Burlington Northern v. White impacts how practioners should approach these cases.

11-15-2006

Circuit Court of Cook County Judge Jeffrey Lawrence granted a motion for summary judgment in favor of a defendant lawyer and law firm represented by J. Kent Mathewson, Kathryn Markowsky and John Seaman.
The plaintiff had claimed in excess of $30 million dollars in damages based on the alleged malpractice of the defendant attorneys. The claim arose from the defendants’ representation of a closely held family business and the individual defendant family members. Plaintiff had alleged a conflict of interest which led to the plaintiff’s failure to obtain an appropriate severance agreement and shareholder rights upon his termination from the company. The plaintiff had been a 25% shareholder and employee of the closely held family business. The plaintiff had claimed that the value of the purported severance agreement and stock were worth in excess of $30 million dollars over the life of the plaintiff.

11-15-2006

Weltman, Weinberg & Reis Co., L.P.A. Partner Sara Donnersbach Selected for Crain’s Cleveland Business 40 Under 40 List
Weltman, Weinberg & Reis Co., L.P.A. (WWR), the nation’s largest creditors’ rights law firm based on revenue and placements according to Collections & Credit Risk magazine, is pleased to announce that Partner Sara Donnersbach was recently selected for the 2006 Crain’s Cleveland Business 40 Under 40 list.

The Crain’s Cleveland Business 40 Under 40 list recognizes the top 40 entrepreneurs in the Greater Cleveland area under the age of 40. Individuals are selected based on their contributions to the Northeast Ohio business and civic circles. Members of the 2006 40 Under 40 class were honored during a reception on November 20, 2006 at the Executive Caterers at Landerhaven in Mayfield Heights, OH. This year, Sara was selected not only for her accomplishments in the legal profession, but also for her outstanding contributions to charitable organizations throughout Northeast Ohio.

Ms. Donnersbach practices in the Complex Collections and Governmental Collections departments of the Cleveland office. She also manages the Attorney General Collection Unit. Ms. Donnersbach received her B.S. in Business Administration and Public Relations from Heidelberg College (1994), her M.B.A. from the James J. Nance College of Business at Cleveland State University (1998) and her J.D. from the Cleveland-Marshall College of Law at Cleveland State University (1998). A member of the American, Ohio State and Cuyahoga County Bar Associations, Ms. Donnersbach is licensed in Ohio and is admitted to practice before the U.S. District Court (Northern District of OH). Her professional memberships include the Cleveland Professional 20/30 Club, the Cleveland-Marshall College of Law Alumni Association and the Northern Ohio Credit Association. In 2005 and 2006, Ms. Donnersbach was recognized by Cincinnati Magazine as an Ohio Rising Star in the legal profession.

Ms. Donnersbach volunteers much of her time to charitable organizations in the community. She is currently a Board Member for the Northeast Ohio chapter of the March of Dimes. For six years, she has been the WWR Team Captain for the March of Dimes annual WalkAmerica campaign, bringing her colleagues together to raise nearly $77,000 for the March of Dimes. For the past three years, Ms. Donnersbach has also served as Chairperson of the March of Dimes Signature Chef’s Auction, helping to raise over $100,000 each year for the charity. Ms. Donnersbach has also participated in the Cleveland Lawyer’s Consortium Annual Chili Cook-Off, benefiting City Year Cleveland. She was a recipient of the City Year Champions Award where she was recognized for her volunteer efforts and for “Putting Idealism into Action.

11-15-2006

Texas Court Finds Wireless Patent Valid and Infringed
A federal court in Tyler, Texas has ruled that a patent owned by an agency of the Australian government is valid and covers the core technology found in current wireless devices.

In February, 2005 the Commonwealth Scientific and Industrial Research Organisation ("CSIRO") filed suit against Buffalo Technology, a Japanese manufacturer and Buffalo USA, its Austin, Texas-based subsidiary. The action alleged that Buffalo's 802.11a and 802.11g wireless devices infringe claims of United States Patent 5,487,069 ("the '069 patent"). The patent issued in September, 1996 and claims priority to an Australian filing in November, 1992.

In a ruling that greatly enhances CSIRO's prospects, Judge Leonard Davis granted CSIRO's motions for summary judgment of validity and infringement. Under the federal law, summary judgment is appropriate when the court finds the evidence so strong that there are no genuine issues of material fact. Summary judgments of patent validity are rare. Judge Davis also found there was no question that Buffalo's 802.11g compliant devices infringe multiple claims of the '069 patent.

The ruling could have broad implications for the wireless industry as a whole. In May 2005, Intel, Dell, Microsoft, Hewlett-Packard and Netgear sued CSIRO in Federal District Court in San Francisco seeking a declaratory judgment that the '069 patent was invalid and not infringed. That action had been on hold while CSIRO appealed a trial court ruling rejecting its claim of sovereign immunity. The Federal Circuit affirmed that ruling in July, 2006. CSIRO has moved to transfer the cases to Judge Davis, arguing that the Texas court has already become familiar with the case and ruled on the key issues. A hearing on that motion is scheduled for November 17, 2006.

The 802.11a and g standards were adopted by the IEEE in 1999 and 2003. Virtually all laptop computers include 802.11g capability and Buffalo, Netgear and many others have sold 802.11a and g products to the consumer market. CSIRO estimates U.S. sales of 802.11g devises at more than 200 million units over the last three years and says the market is growing.

Intel is a major supplier of 802.11a and g chipsets providing essentially all of the chips incorporated into laptop computers. Dell and Hewlett-Packard are major sellers of laptops while Netgear supplies wireless access points and network cards for consumer use. Microsoft offers wireless capability for its X-Box video games. Perhaps, more significantly, Microsoft's new MP3 player ¯ the "Zune" ¯ will feature 802.11g wireless capability presumably to differentiate the Zune from Apple's extremely successful iPod.

According to CSIRO, the Texas court's ruling will apply to all 802.11a and g wireless devices. "The core technology embodied in the wireless standards was invented by CSIRO scientists based on their pioneering work in radioastronomy. The ruling that the Buffalo products infringe will apply across-the-board." said Daniel J. Furniss, a partner at Townsend and Townsend and Crew which represents CSIRO. The amount of patent damages in the Buffalo case, based on a "reasonable royalty," will likely be decided early next year.

11-15-2006

AICHELE APPOINTED CHAIR OF THE ARTS & BUSINESS COUNCIL OF GREATER PHILADELPHIA
Stephen S. Aichele, Chairman of Saul Ewing LLP, was appointed Chair of the Arts & Business Council of Greater Philadelphia (the Council).

The Council serves as a means for establishing relationships between the business and arts communities that positively influence the economic and cultural quality of life throughout the Greater Philadelphia region.

“The Arts & Business Council's mission is vital to the community,” Mr. Aichele said.”Anything we can do to increase cooperation between business and the arts makes this a better place for all of us. In fact, if this organization didn't exist, we'd have to invent it.”

The Council is affiliated with the Greater Philadelphia Chamber of Commerce and the Greater Philadelphia Chamber of Commerce Regional Foundation. It is also a chapter of the Arts & Business Council of Americans for the Arts. The Council serves organizations, business professionals and companies in Pennsylvania, New Jersey and Delaware.

Mr. Aichele is a Partner in the Real Estate Department where he represents major developers, lenders, and governmental entities in land use, zoning, development, financing, construction, and leasing. Throughout his career, Mr. Aichele has participated in the acquisition, development and management of many of the major real estate projects in Eastern Pennsylvania.

11-15-2006

Smith Moore Legal Assistant Reappointed to the North Carolina Courts Commission
Karen C. Johnson, a Litigation Legal Assistant at the Greensboro office of Smith Moore LLP, has been appointed to the North Carolina Courts Commission for the third time. Governor Mike Easley appointed Johnson in September and she will continue to serve on the Courts Commission until June 2009.

Johnson is responsible for examining the judicial system and making recommendations to the General Assembly on any changes that can improve the administration of justice. She will also study the structure, organization, jurisdiction procedures and personnel of the state court system.

Governor James Hunt initially appointed Johnson to the North Carolina Courts Commission in October 2000.

Johnson began her employment in Greensboro with Smith Moore in 1976.

11-15-2006

$115M in Financing for Chicago Office Development
Commercial Property News reported that Schwartz Cooper advised LaSalle Bank N.A. in a $115 million financing deal for an office building located at 22 W. Washington St., part of Chicago's Block 37. The article reports that, "A consortium of banks agented by LaSalle Bank National Association proved a $106 million syndicated senior loan facility and a $9 million mezzanine loan facility.

11-15-2006

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