Law Firm News

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Jorden Burt LLP

Analysis of Seven Key Points from SEC's Final Rule 22c-2 Release
Jorden Burt has released an analysis of certain key points from the SEC's recent release finalizing Rule 22c-2. The points we have selected for discussion are those that are of particular importance to insurers of variable insurance products and their underlying mutual funds as they negotiate and implement the "Shareholder Transaction Agreements" required by the rule.

10-23-2006

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Torys LLP

The issue on which the Supreme Court of Canada split in its copyright decision in Robertson relates to historical content only, says Wendy Matheson in Law Times
In Robertson v. Thomson, a Supreme Court of Canada majority ruled that electronic databases are "a collective work of a different nature" from newspapers, so that publishers must get consent before they republish freelance articles in this form.

At the centre of the action were two freelance articles published in The Globe and Mail in 1995. The appellant (respondent on the cross-appeal) and author, Heather Robertson, initiated an action against The Globe and Mail alleging copyright infringement when her articles also appeared in the Info Globe Online and CPI.Q databases, as well as on CD-ROM.

The action was brought as a class action, with the class being all contributors to The Globe and Mail except those who died before 1944. Robertson sought partial summary judgment and an injunction restraining the use of her works in the databases, seeking judgment for herself and for an employee of the newspaper.

Wendy Matheson, Sheila Block, Andrew Bernstein and Afshan Ali represented the defendants, including The Thomson Corporation and The Globe and Mail.

Thomson's appeal, which was denied by the Supreme Court, involved the issues of whether a licence from a freelance author granting a publisher the right to reproduce his or her article in an electronic database needs to be in writing and whether Robertson could assert a claim on behalf of the Globe employees.

"I think it will be an important case going forward," says Wendy. "It decides unanimously on a couple of very major issues. For example, the court unanimously decided that the arrangements with freelancers need not be in writing, which is key, since for about 100 years, there's been a long-standing practice until very recently of all those arrangements being done orally."

According to the decision, however, in 1996, says Wendy, "it became the practice of the Globe to enter into written agreements with freelance authors expressly granting it certain electronic rights in freelance work. The agreement was later modified to expand the electronic rights clause. These agreements are not at issue in this case. After the inception of this litigation, not only The Globe and Mail, but indeed most of the newspaper industry, moved to written agreements that expressly provide consent to all electronic uses at issue, including electronic databases. So, for the most part, the issue that the Supreme Court split on relates to historical content only. The fact that it’s split 5–4 shows the debate that’s going on about the extent to which the newspaper’s copyright extends to its use of other media. The Supreme Court of Canada’s decision against electronic databases, for example, does not finally determine whether The Globe and Mail had the right to put those articles on the database. That issue still has to go to trial."

related practice areas
Communications, Intellectual Property, Intellectual Property Litigation, Litigation and Dispute Resolution, Technology.

10-23-2006

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Steptoe & Johnson LLP

Bill Wilmoth Receives Boy Scout Award
William D. Wilmoth, a member in the Wheeling office of Steptoe & Johnson PLLC (S&J), has been awarded the Silver Antelope Award from the Central Region of the Boy Scouts of America (BSA), which includes the states of West Virginia, Ohio, Michigan, Indiana, Illinois, Wisconsin, Missouri, Iowa, Minnesota, Kansas, Nebraska, South Dakota and North Dakota.

The Silver Antelope Award is the highest award a volunteer can receive in the Central Region. This award was presented to Wilmoth at the BSA’s National Annual Meeting in Washington, DC. Wilmoth is currently the Area Four Vice President and has served as a member of the Central Region Standards of Leadership Committee. He is also the recipient of the Silver Beaver Award.

A graduate of West Virginia University and the WVU College of Law, Wilmoth began his career as a law clerk for United States District Judge Robert E. Maxwell in Elkins. He was an assistant United States Attorney in the Northern District from 1977 to 1980 when he went into private practice. In 1993, Wilmoth was nominated by President Clinton to be the United States Attorney for the Northern District of West Virginia. While serving as United States Attorney, Wilmoth was selected by Attorney General Janet Reno to serve on her Advisory Committee and chaired the Civil Issues/Financial Litigation Subcommittee. He was also a member of the Health Care Fraud and White-Collar Crime Subcommittees.

Wilmoth has also been active in community and civil activities, including Member and Past Chair, Board of Directors, State College Systems of West Virginia; Member and Past President, Executive Board, Ohio River Valley Council, Boy Scouts of America; Member of the Board of Directors of the Wheeling YMCA and past chair of the Wheeling National Heritage Area Corporation.

Steptoe & Johnson attorneys participate in Legal Explorers, a program facilitated by the Boy Scouts of America, designed for high school students interested in the legal profession. Several S&J attorneys also participate throughout the state in scouting activities for local counsels and as faculty and advisors for the Philmont Training Center in New Mexico. One S&J attorney also participates in the Venturing Crew of the BSA working with Naval JROTC cadets in the areas of leadership and drill. Seven Steptoe & Johnson attorneys have achieved the ranking of Eagle Scout.

10-23-2006

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Shumaker, Loop & Kendrick, LLP

Attorney Todd Timmerman Appointed to Outback Bowl Team Selection Committee
The law firm of Shumaker, Loop & Kendrick, LLP is pleased to announce that Todd Timmerman has been appointed to the Team Selection Committee for the Outback Bowl. The Outback Bowl is a New Year's Day college football game matching teams from the SEC and Big Ten Conference. The game is a culmination of a week-long schedule of events throughout Tampa Bay.

Mr. Timmerman’s principal areas of practice are intellectual property protection and licensing.

Mr. Timmerman received his A.B. from Dartmouth College in 1989 and his J.D. from the University of Florida in 1992.

10-23-2006

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Ohrenstein & Brown, LLC

Join Us at the Association of Corporate Counsel 2006 Annual Conference
Mike Brown's practice spans the litigation, corporate and insurance regulatory arenas. An accomplished litigator and counselor, Mike is a frequent lecturer for many organizations and has spoken on a variety of topics including claims defense management and litigationmanagement techniques, the regulatory aspects of self-insurance and captive insurance programs, and the prospects for federal regulation of the insurance industry.

As USI's Senior Vice President, General Counsel, and Secretary, Ernest J. Newborn II manages the company's in house lawyers and outside counsel and retains ultimate executive responsibility for the legal health of the company and its subsidiaries and affiliates. As the company's chief legal officer and corporate secretary, Mr. Newborn is also the company's senior advisor to the board of directors on governance matters, and the senior management on strategic and operational concerns of the company, including matters involving the company's acquisition activity, public reporting, material litigation and regulatory matters.

Geoff Heineman's practice is concentrated in the area of business litigation with extensive experience litigating securities, directors and officers, RICO, professional liability (including lawyers, agents, brokers, architects and engineers) and intellectual property matters. He also has wide-ranging experience in insurance coverage, with an emphasis on policies issued to directors and officers, accountants, attorneys, other professionals including insurance agents and brokers.

10-23-2006

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Milberg, Weiss, Bershad & Schulman, L.L.P.

SENIOR NEW YORK ATTORNEY JOINS MILBERG WEISS BERSHAD & SCHULMAN LLP
Announcement was made today by the Management Committee of Milberg Weiss Bershad & Schulman LLP that Matthew Gluck, a long-time partner at Fried Frank Harris Shriver & Jacobson LLP and a prominent litigator, was joining the firm as a senior partner.

Milberg Weiss Bershad & Schulman LLP is a leader in many of the most important class and complex cases currently being litigated in such practice areas as securities law, shareholder corporate governance and antitrust litigation, mass tort, labor, employment and false claims act litigation, healthcare and insurance litigation and human rights litigation.

"We are delighted that Matthew Gluck has chosen to join us at Milberg Weiss," stated Sanford Dumain, a Milberg Weiss Managing Partner. "His distinguished career as a litigation partner with special expertise representing U.S. and foreign businesses in diversified complex matters as well as his superb credentials in the area of bankruptcy law will greatly enhance our practice," Mr. Dumain added.

"As I near the end of a long and rewarding career at one great law firm I have the rare privilege of joining another," stated Mr. Gluck. "I have known Milberg Weiss for decades, usually as an adversary, and have the highest respect for their diligent and expert representation of their clients. They have conducted themselves in the most professional manner and I look forward to working with them as my partners in the future and hope I can contribute to the continuation of their outstanding performance," Mr. Gluck added.

Mr. Gluck served as a litigation partner in Fried Frank's New York office since 1973. During his tenure at the firm, Mr. Gluck represented Fortune 500 companies as well as international businesses in major litigation cases. He is recognized nationally for assisting clients in both formal bankruptcies and out-of-court restructurings of financially troubled companies. Mr. Gluck served as an adviser to the court in the restructuring of the Manville Trust and as the legal representative for future claimants in Keene Corporation's Chapter 11 filing.

Mr. Gluck received his LLB in 1966 from Harvard Law School and his BA in 1963 from Cornell University.

10-23-2006

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Margolis & Edelstein

Harrisburg Partner Michael Badowski Wins Defense Verdict
A 40 year old female employed as a phone repairman underwent exploratory laparotomy due to the presence of a long standing bulge in her left inguinal area following two c-section deliveries. Pre-exploration diagnostic radiographic workup failed to identify a hernia as the etiology of the bulge. Because of the Plaintiff’s persistent painful discomfort associated with the bulge, her gynecologist and co-defendant elected to proceed with exploratory surgery to search for possible endometriosis and/or hernia. The gynecologist opened the abdomen through the woman’s previous c-section Phanenstiel incisional scar. Upon detecting no endometriosis, the gynecologist, intra-operatively, summoned our general surgery client to the operating room to assist in the exploratory evaluation. Our client had no prior knowledge of the Plaintiff or her presence in the hospital. Upon receiving a brief history from the gynecologist referable to the inguinal bulge, our general surgeon explored the Plaintiff’s inguinal canal and discovered a significant direct inguinal hernia which he proceeded to repair by way of the Lichtenstein mesh application technique. Post-operatively, plaintiff complained of burning numbness and intermittent severe pain. Plaintiff brought suit alleging negligent failure to secure informed consent and negligence in the hernia repair. Specifically, Plaintiff, through her New Jersey expert general surgeon, John Becker, contended that our client negligently stitched through the femoral nerve and other nerves enervating the left leg thereby impinging the nerves and causing permanent nerve damage that disables Plaintiff from her job as a phone service repairman.

At trial, the defense countered by demonstrating that all clinical findings and electro and radiographic diagnostic testing undertaken on this lady following the hernia repair, showed no evidence of nerve entrapment or impingement. Via our client along with our general surgery expert, Geisinger’s Matthew Indeck, the defense asserted that the surgery was performed in standard of care fashion and that, to the extent that there is any validity to the Plaintiff’s subjective complaints, it probably reflects some minor nerve irritation caused by post-operative scarring.

The co-defendant gynecologist was dismissed on non-suit and the case proceeded to jury determination against our client alone. A directed verdict was obtained on behalf of the surgeon on the informed consent issue. After a week long trial, the jury returned a verdict of no negligence in favor of our general surgeon by a 10-to-2 vote.

The case was prosecuted on behalf of the Plaintiff by Charlie Young from the Philadelphia firm of Young Ricchiuti Caldwell & Heller, LLC. The Defendant general surgeon was represented at trial by Harrisburg partner Michael M. Badowski.

10-23-2006

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