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Robinson & Cole Partner Named to Board of New England Village
R&C Partner James B. Zuckernik was recently named to the Board of Directors of New England Village, Inc. (NEV), a Pembroke-based residential community for adults with development disabilities. Mr. Zuckernik's practice involves advising clients in the finance, corporate, real estate and health care industries. He has taught Business Law for many years in the Babson College MBA program and taught Real Estate Finance at Boston University.

08-23-2006

Paul, Weiss Assists Appleseed With Comprehensive Report on Hurricane Katrina Evacuees
Last week, with the help of Paul, Weiss, Appleseed, Inc. released the first comprehensive report on the status of the more than one million Hurricane Katrina evacuees one year after the hurricane. The report titled, "A Continuing Storm: The On-Going Struggles of Hurricane Katrina Evacuees," has already been featured in Newsweek, The Washington Post, CBS News, and hundreds of other media outlets. "A Continuing Storm"reveals that nonprofit organizations and local government agencies responded more effectively to the needs of Katrina evacuees than federal agencies, and identifies best practices and continuing areas of need for Katrina evacuees. Paul, Weiss participated substantially in the compilation of the report, including interviewing representatives from several national nonprofit organizations and conducting extensive research on the needs of Katrina evacuees in the areas of employment, housing, health care, legal services and education from a national perspective. The Paul, Weiss team included partner Patrick Campbell; associates Aaron Futch, Danielle Monnig, Jonathan Lave, Nima Taylor, Mitch Zeff and Maggie Sklar; former associate Eryn Starun; and summer associates Sarah Ashfaq and Suzanne Skinner.

08-23-2006

OMM Assists The Weinstein Company in Closure of Deal Forming Genius Products LLC
O'Melveny represented The Weinstein Company in its recently completed M&A transaction with publicly traded Genius Products, Inc. creating a new venture, ""Genius Products, LLC"".

Genius Products LLC will exploit the U.S. home video distribution rights for all feature film and direct-to-video releases of The Weinstein Company, and all other home video distribution operations of Genius Products, Inc. The Weinstein Company will have a 70 percent interest in the venture as well as the right to redeem their interests for stock of the public company. The transaction was approved by Genius' stockholders and closed on July 21.

""We are delighted to be significant owners of the most exciting home entertainment company in the industry,"" said Bob and Harvey Weinstein. ""Genius Products is a world-class organization and we are eager to work with management to continue to drive shareholder value.""

The O'Melveny team was led by Century City partners Joe Calabrese, Robert Haymer, and Rob Blashek. Entertainment and Media advice was provided by Calabrese, Matthew Erramouspe, and Michael Melone. Corporate and M&A advice was provided by Haymer, Alison Keller, Sean Monroe, and Jerad Beltz, with assistance from Spencer Klein. Tax advice was provided by Blashek, with assistance from Dean Weiner, Bob Rizzi, and Lisa Sergi.

The Weinstein Company is a multi-media company, created in 2005 by Bob and Harvey Weinstein, following their exit from Disney/Miramax Films. O'Melveny has advised and continues to represent The Weinstein Company in a number of organizational and operational matters, including it separation from Disney/Miramax; its $500 million film securitization financing; distribution arrangements; and various film financing and co-production transactions.

08-23-2006

IP Senior Counsel Alan Lenkin Joins Fulbright's Los Angeles Office
Alan Lenkin, a highly regarded intellectual property practitioner, joined the international law firm of Fulbright & Jaworski L.L.P. as senior counsel on Monday, August 7. Lenkin, who concentrates in patent issues, as well as other intellectual property matters, will reside in the firm’s Los Angeles office.

Lenkin’s experience includes preparing patent applications and prosecuting domestic and foreign patent applications in the computer software, telecommunications, computer networking, computer hardware, and aerospace arts. A registered U.S. Patent Attorney, Lenkin is experienced in interviewing with patent examiners and conducting appeals at the Board of Patent Appeals.

“Alan has an impressive intellectual property practice,” said Peter Mason, partner in charge of Fulbright’s Los Angeles office. “His diverse experience will be a great asset to the Los Angeles IP team.”

Lenkin earned a J.D. from Loyola Law School, Los Angeles in 1995 and a B.S. in Systems Analysis and Engineering from George Washington University in 1990. He is licensed to practice in California, the District of Columbia and before the Patent and Trademark Office. Lenkin joins Fulbright from the IP boutique firm Greenblum & Bernstein P.L.C.

08-23-2006

Litigation Attorney Frank Taney Among Presenters at Technology Law Forum
Litigation attorney Francis X. Taney, Jr. was among the presenters of the Pennsylvania Bar Institute's Technology Law Forum, held August 8-9, 2006, in Philadelphia. Taney is a shareholder in Buchanan Ingersoll & Rooney's Philadelphia office.

The two-day program brought attorneys and technology experts together to discuss privacy, security, e-commerce, data management, intellectual property and other areas of the law affected by technology.

Taney's presentation, ""A Primer on Information Security Law for Lawyers (and their Clients) — Update for 2006,"" discussed key legal principles and recent developments in information security law.

About Taney
Francis ""Frank"" X. Taney, Jr. is chair of Buchanan's Information Technology Litigation Practice Group. His practice focuses on complex commercial litigation in a variety of substantive areas, including construction, antitrust, copyright, trade secret and information technology (""IT"") litigation, as well as disputes involving eminent domain and government contracts.

In addition to his IT litigation practice, Taney regularly negotiates IT-related transactions for his clients, including software licensing agreements, IT outsourcing, web hosting, software development and other IT service contracts.

08-23-2006

Trice Joins Buchanan Ingersoll & Rooney as Chief Marketing Officer
Buchanan Ingersoll & Rooney PC announced today that Mark P. Trice has joined the firm as Chief Marketing Officer (CMO). In this role, Trice will oversee the firm's marketing, communications and business development efforts.

According to Tom VanKirk, CEO of Buchanan, Trice's addition to the firm is to further its focus on the client team process: ""For the past two years, we have focused on the team approach to everything we do — from serving clients to approaching new business opportunities to assisting our communities. In doing so, we've found that our marketing and business development department is critical to the success of that program, and we wanted someone like Mark to take the lead on continuing that mission.""

Trice has more than 13 years of sales and marketing experience in corporate and entrepreneurial settings. He comes to Buchanan most recently from DLA Piper Rudnick Gray Cary, the second-largest law firm in the world with more than 3,100 attorneys. There he served as director of sales and business development. In that capacity he oversaw the firm's sales efforts, business development support and market research functions, and supervised a staff of more than 30 marketing and sales professionals

""It almost goes without saying how excited I am to be a part of this firm,"" said Trice. ""The explosive growth Buchanan has seen over the last few years, its financial success and its obvious dedication to clients is the perfect foundation for what our team does and will strive to accomplish over the next several years. I'm looking forward to what's ahead.""

Prior to the triple combination of Gray Cary, Piper Rudnick and DLA in late 2004, Trice was director of business development for Gray Cary Ware & Freidenrich. During his career he also served as a business development executive at PricewaterhouseCoopers.

Trice has extensive entrepreneurial experience, starting and growing two successful businesses as well as advising dozens of emerging growth companies on sales and finance issues.

He has a bachelor of arts degree in political science from Baylor University and a master's degree in applied economics from the University of North Texas.

08-23-2006

Wisconsin Technology Network: Are Consumers Confused by Search Engine Ads?
Cleveland partner Deb Wilcox, co-chair of the firm’s Intellectual Property Litigation practice, authored a column that was published on August 23 on the Wisconsin Technology Network website titled, ""Are Consumers Confused by Search Engine Ads?""

Wilcox authors a bi-monthly ""IP Online"" column for the Wisconsin Technology Network website. To view current and archived columns from the website, click here.

Wilcox's current column focuses on the recent ruling in New Jersey in the case of 800-JR Cigar, Inc., v. GoTo.com, Inc. (now part of Yahoo!). The case stemmed from GoTo selling several keywords, including ""JR Cigar,"" ""J R Cigar,"" and ""800 JR Cigar"" to various JR Cigar competitors.

JR Cigar argued that ""sponsored links"" may mislead people into thinking that JR Cigar has somehow authorized or is affiliated with those ads, and it sued both its competitors and the search engine for trademark infringement, among other claims.

Describing the issues at hand in the case against GoTo, Wilcox states: ""In analyzing the liability of the search engine for selling the key words, the first legal issue was whether GoTo was, under trademark laws, making a trademark 'use' by selling keywords to advertisers. If yes, then the second question was whether users understood that the sponsored links were really paid-for ads. If consumers were likely to be confused as to source, then the third issue became whether the search engine should be liable for such infringement.""

Wilcox goes on to detail the decision by the court on trademark usage and infringement and ""initial interest confusion"" and concludes "". . . the JR ruling is perhaps more relevant to Google's continued practice of selling keywords to any purchaser, whether or not the purchaser has any right to 'use' words that are trademarks of others. In short, given that unpaid-for advertisements are ubiquitous and thus obviously successful in drawing users to them, it remains to be proven as to whether actual consumers are unfairly being diverted by the ads.

08-23-2006

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