Law Firm News

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Law Firm News

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Hagens, Berman, Sobol & Shapiro, L.L.P.

Class Action Lawsuit Filed Against Korean Air Lines
Seattle-based law firm Hagens Berman Sobol Shapiro filed a class action lawsuit against Korean Air Lines (NYSE:KAL) on August 8, 2007 on behalf of passengers claiming the airline illegally conspired with competitors to fix pricing for flights between the United States and Korea for both airline passengers and cargo flights.

The complaint claims the airline is in violation of both the Sherman Antitrust Act and the Clayton Antitrust Act, the first of which Korean Air has admitted guilt to in a deal with the U.S. Justice Department's antitrust division and has agreed to a $300 million fine for its actions.

The fine is the first in the antitrust division's investigation into the airline industry. British Airways was also levied a $300 million fine for price fixing on passenger flights.

"There is no doubt that the airline industry is highly competitive, but we think trying to make a profit by price fixing is wrong," said lead attorney and HBSS managing partner, Steve Berman. "It appears that legal action like ours is the only way to get their attention and stop these practices."

The named plaintiff, James Van Horn filed the suit on behalf of himself and all others who purchased a ticket on Korean Air from January 1, 2000 until at least July 16, 2006.

Van Horn is seeking redress for the increased pricing of passenger air transportation as a result of "the illegal combination and conspiracy" to inflate prices which was agreed upon between Korean Air and its unnamed co-conspirators.

The filed complaint goes on to state the "defendant and its co-conspirators entered into and engaged in a combination and conspiracy to suppress and eliminate competition by fixing the price for passenger air fares."

"We know from our investigation that this alleged practice could have impacted hundreds of thousands of travelers in the U.S. and Korea," said Berman. "Six years is a long time to be charging artificially inflated prices and we want those customers to be rightfully reimbursed."

The suit was filed in U.S. District Court in Seattle and seeks compensatory, statutory and exemplary relief for damages suffered by the plaintiff and the proposed class.

According to the filed complaint the single count being held against the airline is a violation of the Sherman Act.

08-10-2007

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Fox Rothschild LLP

Daniel A. Schnapp, Commercial Litigator, Joins Fox Rothschild’s New York Office
Fox Rothschild LLP announced that Daniel A. Schnapp has joined the firm’s Litigation Practice Area as an associate, resident in the New York office.

Schnapp focuses his practice on complex commercial and corporate litigation. He has handled high-profile cases involving a wide variety of substantive areas ranging from intellectual property and art-related matters to securities fraud. Schnapp has extensive experience litigating cases in state and federal courts.

Schnapp previously was associated with two prominent New York City law firms.

A graduate of Benjamin N. Cardozo School of Law, Yeshiva University (J.D. 2000), Schnapp was the editor on the Moot Court Honor Society, and was a finalist in several national and local moot court competitions. He also interned with the United States Attorney’s Office and the Office of the Attorney General for the State of New York.

Schnapp is a member of the Association of the Bar of the City of New York, and is admitted to practice in New York and before the U.S. District Courts of the Southern and Eastern Districts of New York.

08-10-2007

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Fox Rothschild LLP

Curtiss T. Jameson, Labor & Employment Attorney, Joins Fox Rothschild’s Roseland Office
Fox Rothschild announced that Curtiss T. Jameson has joined the firm’s Labor & Employment practice as an associate, resident in the Roseland, New Jersey office.

“Curtiss brings a wealth of labor law expertise and savvy based upon his extensive union-side experience in both litigating and resolving labor-based claims in both single employer and multi, employer setting,” said Theodore M. Eisenberg, managing partner at Fox’s Roseland office. “He is a welcome addition to the office and to our national management-side labor and employment practice.”

Jameson focuses his practice on all aspects of traditional labor law as well as related ERISA issues, which includes all manner of arbitration, counseling and advice, administrative proceedings, and litigation arising within that context. He has appeared before numerous federal and state courts, and federal and state agencies such as the National Labor Relations Board, Department of Labor, and New Jersey Public Employment Relations Commission.

“My experience representing unions has given me great insight into negotiations, coordinated bargaining and arbitrations, among other things,” said Jameson. “I’m looking forward to working with the Labor practice group and learning from them as they draw on my knowledge.”

Prior to joining Fox, Jameson was an associate with Kroll Heineman Giblin, LLC, a law firm representing numerous unions, including their various councils and funds. He began his legal career by practicing commercial and franchise litigation.

Jameson earned his J.D. from Rutgers Law School – Newark, and his B.A. from Rutgers College, New Brunswick. He is admitted to practice in New Jersey, and is a member of the American Bar Association and the New Jersey State Bar Association.

08-10-2007

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Fox Rothschild LLP

Roseann Bassler Dal Pra, Litigator, Joins Fox Rothschild’s Princeton Office
Fox Rothschild LLP announced that Roseann Bassler Dal Pra has joined the firm’s Litigation Practice Area as special counsel, resident in the Princeton, New Jersey office.

Dal Pra has extensive experience in federal and state courts in both New Jersey and New York. Her practice covers a wide variety of matters, including contract disputes, securities fraud claims, and products liability matters.

Prior to joining Fox, Dal Pra was a senior associate in the litigation group at Holland & Knight LLP. Before going into private practice, Dal Pra clerked for the Honorable Eugene E. Siler, Jr., Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, drafting opinions in both civil and criminal matters. She also interned for the Honorable Kevin T. Duffy, U.S. District Judge for the U.S. District Court, Southern District of New York, during the summer following her first year of law school.

Dal Pra graduated from Dickinson College (B.A. 1992) and Georgetown University Law Center, (J.D. 1996). She is admitted to practice in New Jersey and New York, and before the U.S. Court of Appeals, Sixth Circuit; the U.S. District Court, District of New Jersey; and the U.S. District Court, Southern and Eastern Districts of New York.

08-10-2007

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Fox Rothschild LLP

Modavox Files Patent Infringement Lawsuit Against Tacoda
Modavox, Inc. (OTCBB:MDVX), an Internet broadcasting pioneer in the production and syndication of online audio and video, announced today that it has filed a lawsuit against Tacoda, Inc. in the United States District Court for the Southern District of New York (Case No. 07 CV 7088 (McMahon)). In the suit, Modavox asserts its claim that Tacoda is infringing on United States Patent No. 6,594,691, “Method and System for Adding Function to a Web Page,” as well as allowed claims from at least one additional patent application. Modavox is seeking injunctive relief and as yet unspecified damages stemming from Tacoda’s infringing activities.

This suit against Tacoda is the first step in a potentially wide-reaching campaign designed to enforce Modavox’s proprietary rights in its groundbreaking technology and to advance Modavox to its rightful place in the industry. Modavox intends to utilize its increasing business resources to further expand its ongoing analyses of activity within the industry, including identifying additional potential infringers of its expanding patented intellectual property portfolio.

"Modavox's commitment to innovation has yielded highly valuable patented intellectual property. Our management team, in conjunction with Fox Rothschild LLP, made a strategic business decision to design, create and execute a comprehensive plan in support of our patented process and technologies," said David Ide, CEO at Modavox. "We knew that decision would likely include pursuing enforcement through the justice system, and we are confident that the action we have taken today is an appropriate step on behalf of our shareholders and believe it will allow us to begin to reveal the true value of our patented intellectual property.”

Nathaniel T. Bradley, Chief Technology & Product Officer at Modavox stated, “Upon review of data produced from our thorough infringement analysis, it’s clear to us that Tacoda is infringing on the Modavox patents. Our leading edge technical innovations in customized content delivery have been used by Tacoda, as well as by a growing list of identified infringers, and is foundational to their product lines. The action today by Modavox is paramount to our overall patent enforcement strategy and is the culmination of years of effort; it is a long-awaited milestone for our company.”

Dr. Daniel F. Coughlin of Fox Rothschild, who is acting as Modavox’s lead counsel in the case stated, “We are confident in both the validity of Modavox’s patent assets and the importance of their proprietary technology in this sector of online commerce. This suit clearly should demonstrate both of these points and, at the same time, serve notice on the industry that Modavox intends to take all steps necessary to leverage fully its technology and its intellectual property to further its business goals.”

08-10-2007

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Greenberg Traurig, LLP

$700M Acquisition and Devlopment Licensing Deal with McDonald's for Arcos Dorados B.V.
Arcos Dorados B.V. has completed its acquisition of the business and assets of McDonald’s Corporation’s Latin American operations. The acquisition, valued at over US $700 million, results in the sale of approximately 1,600 existing restaurants located throughout 18 countries in Latin America and the Caribbean, and the execution of a 20-year franchise agreement with McDonald's Latin America, LLC. Simultaneously with the acquisition, Arcos Dorados B.V. also closed on two related debt financings. The international law firm Greenberg Traurig represented the consortium of investors in Arcos Dorados B.V. in the transaction.

“We were fortunate to be able to work with sophisticated clients who understand and are committed to Latin America despite the some time public perception of volatility," said Patricia Menendez Cambo, who led the Greenberg Traurig team and is Chair of the firm-wide international practice.

The consortium investors include Woods Staton, Capital International, part of The Capital Group of Companies; Gavea Investimentos, and DLJ South American Partners. The new CEO of Arcos Dorados is intimately familiar with McDonald’s operations, having been a member of the system for more than 20 years, most recently as president of its Southern Latin American Division.

“Recognizing the challenges of the deal, and bringing together the talent and commitment that McDonald's was looking for when they ventured into this important divestiture and long term partnership in the Latin America region, was key to becoming the winners of a very competitive bid,” said Annette Franqui and Carlos Hernandez-Artigas, founding partners of Forrestal Capital Limited, a Wealth Management and M&A advisory firm specializing in Latin America, who advised Arcos Dorados in this transaction. Annette and Carlos were instrumental in the $3.6 Billion sale of Panamerican Beverages (Panamco) to Coca-Cola Femsa, when they served at Panamco as CFO and General Counsel, respectively.

In addition to Menendez Cambo, the Greenberg Traurig team was led by shareholders Randy Bullard, Enrique Martin, Yosbel Ibarra, and included shareholders James Ullman (Franchise), Ozzie Schindler (Tax), Mindy Leathe (Employee Benefits) and Manuel Valcarcel (Intellectual Property). The team also included associates Enrique Conde, Alexandra Aguirre, Antonio Pena (Corporate), Violeta Longino (International Litigation), Erika Litvak (Tax), and Daniel Warshawsky (Franchise), as well as Foreign Legal Interns, Alfredo Navarro, Rodrigo de Oliveira, and Jorge Lazarte.

Arcos Dorados was also represented by a global network of premier law firms in Latin America: Tozzini Freire (Brazil), Mijares Angoitia (Mexico), Perez-Alati (Argentina), Munoz Tamayo (Colombia), Hoet Pelaez (Venezuela), Payet Rey Cauvi (Peru), Claro y Cia (Chile), Guyer & Regules (Uruguay), Bustamente & Bustamente (Ecuador), Arias, Fabrega & Fabrega (Panama), Arias & Munoz (Costa Rica), Fiddler, Gonzalez & Rodriguez (Puerto Rico), Salans (French Caribbean Territories) and VanEps Kunnerman VanDoorne (Aruba and the Netherlands Antilles).

McDonald's was advised by J.P. Morgan and Cleary Gottlieb Steen & Hamilton in New York.

08-10-2007

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Piper Rudnick, L.L.P.

DLA Piper advises Lloyds TSB and Intermediate Capital Group on the secondary buy-out of the Marken Group
DLA Piper has advised Lloyds TSB and Intermediate Capital Group ("ICG") on their provision of £205,000,000 senior debt and £50,000,000 of mezzanine debt respectively, utilised in connection with ICG's £430,000,000 secondary buy-out of the Marken Group.

Both Lloyds TSB and ICG are existing clients of DLA Piper.

The DLA Piper team acting for Lloyds TSB was led by banking partner Peter Crichton. He was assisted by Howard Bruton and Ali Akbar. The team acting for ICG was led by banking partner John Cutler. It included of counsel, Hugo Virag-Lappas in DLA Piper's Paris office and banking partner, Jennifer Homer in the US.

Commenting on the deal Peter Crichton said: "DLA Piper advised Lloyds TSB and ICG on their debt provision for the initial buy-out of the Marken Group in March 2006, and then acted for them again on their provision of refinancing facilities earlier this year. When the secondary buy-out was proposed, we were delighted to be re-instructed by both parties."

"DLA Piper has worked with both Lloyds TSB and ICG for many years and we were very pleased to be able to advise them on this exciting transaction."

John Cutler said: "This transaction proved to be exceptionally time-critical, involving both DLA Piper's London and Paris offices and requiring first-rate project management."

08-10-2007

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