Law Firm News

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Law Firm News

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Willman & Silvaggio LLP

Washington Federal Court Holds Property Damage Caused by Contractor Breach Cannot be "Occurrence" or "Accident" Under General Liability Policy
On October 12, 2006 a Washington federal judge ruled in Mid-Continent Casualty Co. v. Williamsburg Condominium Assoc No. 05-01240 W.D. Wash. The court held that property damage to condominiums caused by a contractor’s breach of contract and/or breach of warranties cannot be regarded as an “occurrence” or “accident” under a general liability policy. No evidence was offered that the claims resulted from negligent acts of the contractor. Rather, the evidence demonstrated that the claims were based on the contractor’s failure to perform its work under the contract. Also supporting the court’s ruling was the reluctance of Washington courts to interpret CGL policies as performance bonds.

10-19-2006

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Willman & Silvaggio LLP

Specialized Forms of Insurance Small Businesses Should Consider to Protect Against Disaster
A September 13, 2006 Pittsburgh Post-Gazette article discussed the specialized forms of insurance small businesses should consider to protect themselves from disasters. These forms of disaster insurance include:

Business Interruption Insurance – Covers lost profits and expenses (salaries, rent, electricity) that continue in the event a company is forced to shut down because of a disaster, such as a flood, earthquake, fire or storm.

Extra Expense Insurance – Related to business interruption insurance. Covers such expenses as moving costs, new equipment and supplies should a business have to shut down.

Contingent Business Insurance - Protects a company if a critical supplier is shut down.

Flood Insurance – Not typically included in property and casualty insurance policies.

Earthquake Insurance – Not typically included in property and casualty insurance policies.

Other types of insurance can be tailored to a company’s specific line of business.

10-19-2006

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Shapiro Sher Guinot & Sandler

Three Shapiro Sher Guinot & Sandler attorneys selected for inclusion in the 2007 edition of The Best Lawyers of America
The 2007 edition of The Best Lawyers of America, one of the most prestigious reference guides to the legal profession in the United States, includes three SSG&S attorneys. William A. McComas, Paul Mark Sandler, and Ronald M. Shapiro are named in the guide under the following practice areas respectively: Information Technology Law, Personal Injury Litigation, and Sports Law. The directory is based primarily on the votes of over 12,000 leading lawyers from around the country. There is no charge associated with being selected.

10-19-2006

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Perkins Coie LLP

Jordan Green Joins Perkins Coie Brown & Bain
Perkins Coie Brown & Bain announced today that Jordan Green has joined the Firm's Phoenix office as a partner. Green is a trial lawyer who focuses on white collar criminal defense and internal investigations.

Green is a Fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers, and is listed in the Best Lawyers in America. He has represented business entities and individuals in a broad range of matters, including investigations and prosecutions under state and federal environmental, health and safety, immigration, tax, securities, Medicare/Medicaid, antitrust, RICO and other anti-fraud laws. Green also has substantial experience handling internal investigations for publicly traded companies.

"We are delighted to have Jordan join the Firm," said Joel Nomkin, Office Managing Partner. "He is one of the most experienced and well-known trial lawyers in Arizona and a tremendous addition to our litigation and white collar criminal defense practice."

The Firm's White Collar Defense & Compliance Group complements the Firm’s nationally recognized commercial and intellectual property litigation practice. The Group is capable of handling the most serious government investigations and prosecutions in Arizona and throughout the nation. Green joins Lee Stein in leading this Group within the Firm's Phoenix office.

Green joins the Firm from Fennemore Craig.

10-19-2006

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McCarter & English, Attorneys At Law

McCarter & English Secured A $2 Million Tax Refund For Pruco Life Insurance Company
In a 4-3 decision of the Supreme Court of New Jersey on October 19, 2006, Michael Guariglia and Open Weaver Banks secured a $2 million tax refund for Pruco Life Insurance Company, a subsidiary of The Prudential Insurance Company and one of four plaintiffs in American Fire and Casualty Company v. New Jersey Division of Taxation. In affirming the Appellate Division, the Supreme Court rejected the Division’s method of computing retaliatory taxes on out-of-state insurance companies by recapturing the benefits of a New Jersey tax incentive, finding that even though the Division’s method comports with a plain reading of the two statutes at issue, it leads to an unreasonable result that the New Jersey Legislature could not have intended. The Court found it unnecessary to reach the constitutional issue of whether the Division’s method of computing the retaliatory tax created an unjustifiable preference for domestic insurers in violation of the Equal Protection Clause of the U.S. Constitution, but noted that the Division's method raised significant constitutional questions.

10-19-2006

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Kluger, Peretz, Kaplan & Berlin P.L.

The Oldest Trademarks Have Been Brewing a Long Time
Trademarks may have begun with a brew-ha-ha. Humans began brewing beer around 6,000 B.C. Taking that long history into consideration, it’s not surprising that the first trademark may have been used in association with the sale of beer. In Elba, Mesopotamia, in 4000 B.C., an advertisement depicting a voluptuous woman included the tagline: “Drink Elba, the beer with the heart of a lion.” Another well-documented early trademark comes from Egypt, where, in 2000 B.C., a brewer began labeling its beer: “Joy Bringer, the Beautiful and Heavenly.” Beer’s significance continues throughout trademark history.

The world’s longest continuously used trademark goes to the Benedictine Abbey Weilhenstephan in Germany, which has been using the mark Weilhenstephaner to identify its beer since 1040 A.D. And when Britain enacted its trademark registration statute in 1876, beer was first and second in line: Bass’s Red Triangle became U.K. Reg. 1 for pale ale, and its Red Diamond for strong ale became U.K. Reg. 2. Americans – and their trademarks – also have a storied relationship with beer. Legend has it that one of the reasons the Pilgrims landed in Plymouth, Massachusetts, instead of sailing further south, was so the crew would have enough beer for their return trip. In 1614, the first non-native American born in what is now Manhattan, Jean Vigue, was delivered in America’s first brewery, Block & Christiansen, established in 1612. And our founding father, George Washington, is part of the sudsy story.

In 1754, Washington recorded a recipe for beer, and in 1789 he championed a “buy American” policy urging consumption of domestic porter. In our homage to beer and its trademark significance, it’s also fitting to recognize America’s oldest and largest breweries. Yuengling, Co., established in 1829, has been selling beer (branded Yuengling®) longer than any other company in America, and Anheuser Busch, Inc., which produces over 90 million barrels of beer per year, is the world's largest brewery. So, trademark owners and professionals around the world, the next time you hoist a cold brew, take a moment to remember the important role beer has played in trademark history.

10-19-2006

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McDermott Will & Emery

London Office Advises Orica on their Acquisition of Minova for £343 Million
The law firm of McDermott Will & Emery worked alongside Freehills in advising joint client Orica Limited on their acquisition of a UK-based mining services company, Minova, from Close Brothers for a purchase price of £343 million (A$857 million). Orica is a leading manufacturer and supplier of mining-related products and services, paints, surface coatings, industrial and specialty chemicals. Minova provides specialist chemical products for underground mining and civil engineering activities.

The McDermott team had responsibility for the provision of legal advice on the UK and U.S. corporate, employee benefits, tax and competition aspects of the transaction. The acquisition, which is subject to regulatory approval, is expected to complete before the end of the calendar year for 2006, and will be funded through a combination of cash and drawdown of existing debt facilities.

The multi-disciplinary McDermott team was led by partners Michael McFall and Scott Megregian with corporate associate James Mountain. They were assisted by corporate associates Richard Holden and Mei-Li Da Silva Vint and trainee Alana Tervo, employee benefits professional advisor Dan Senecoff, tax partners Martin Collins and James Riedy, intellectual property associate Rohan Massey, and competition associates Bastian Arnold, Joseph Eckhardt and Anthony Rosen.

The Freehills team was led by corporate partner Neil Pathak and included competition partner Bob Baxt, banking and financial services partner Dan Brealey, and associates Matt Bull, John Christianakis, Sheena Loi, Ben MacDonald and Richard Wilkinson.

10-19-2006

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