Law Firm News

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Law Firm News

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Hall & Evans, L.L.C.

ALFA CONSTRUCTION PRACTICE GROUP SEMINAR -- July 19-20, 2006
Mark Nelson was the Program Chair and orchestrated the ALFA Construction Practice Group Seminar which took place on July 19-21, 2006 at the Ritz Carlton in Chicago, Illinois. There were over 120 attendees at this first event for the practice group. The attendees included senior managers and in-house counsel from virtually every major insurance company and construction/design firms in the country.

07-24-2006

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Orrick, Herrington & Sutcliffe LLP

Leading New York IP Litigator Joins Orrick
Orrick, Herrington & Sutcliffe LLP announced today that Paul Gupta has joined the firm as an intellectual property partner in its New York office. Gupta, who is the latest in a series of high-profile lawyers to join Orrick in New York, adds depth to the firm’s robust intellectual property litigation practice.

“Orrick is a recognized leader in intellectual property matters around the world, and our goal is to continue to grow our practice by encouraging the most talented attorneys in the world to join us,” said Gary Weiss, practice group leader for Orrick’s Intellectual Property group. “We jumped at the chance to add yet another successful first-chair patent litigator to our group. Paul Gupta has outstanding professional qualifications and the potential to bring our New York IP practice to the next level.”

Gupta is an accomplished intellectual property lawyer with a diverse practice, and Chambers USA 2006 has recognized Paul as a “leading lawyer” in the intellectual property/patent category. According to Chambers’ most recent edition, Gupta “is renowned for his work in the technology arena”. In the past, Chambers has stated that he is “a tireless worker. His tenacity is visible in a range of IP matters as part of a broader practice that also includes antitrust, IT and other commercial disputes.” Gupta was also named as a 2006 New York Super Lawyer in Intellectual Property Litigation.

Gupta specializes in intellectual property litigation with a primary focus on patents. In addition, Gupta provides patent portfolio counseling, and advises companies on matters of cyber security. He represents Fortune 500 clients and other clients in a variety of industries, including computer, e-commerce and outsourcing; financial services; scientific equipment, chemicals, and medical products; and energy. He has had extensive experience in antitrust litigation, including antitrust counterclaims in patent cases.

“I was attracted by the great strength of Orrick’s global IP group, as well as the breadth and depth of its IP trial bench, and the collegiality of the partners” said Gupta. “I am confident that the litigation and technical backgrounds of the attorneys at Orrick, in addition to its strong worldwide presence, will enhance my practice.”

Gupta received his J.D. from Harvard Law School in 1974. He also earned a B.A. from Yale College, Phi Beta Kappa, in 1971. He had been a partner and practice leader at Mayer, Brown, Rowe & Maw LLP.

Paul is a frequent speaker on Intellectual Property litigation around the world, and is on the Board of the New England Legal Foundation. He is also a member of the advisory boards of four technology law publications.

About Orrick’s Intellectual Property Practice
Orrick’s Intellectual Property lawyers have earned a national reputation for handling complex, high-stakes disputes. They have been recognized by The American Lawyer as one of the best defense firms in the United States. This survey also ranked Orrick in the Top 10 overall for the most patent cases handled. Orrick’s string of IP successes has resulted in Orrick being named to The National Law Journal Defense Hot List for 2005. The IP team at Orrick, comprised of more than 120 lawyers, has established a leading record of precedent-setting victories in complex, high-stakes IP litigation. Orrick’s powerhouse team combines in-depth knowledge of IP law, technical credentials and practical experience in science and technology.

07-24-2006

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Labaton, Sucharow & Rudoff, L.L.P.

Labaton Sucharow & Rudoff LLP and Probstein & Weiner Announce that The Allman Brothers Band and Cheap Trick Have Broadened Their Record Industry Class Action Lawsuit Against Sony Music By Amending Their Complaint To Include a Claim for Underpayment of Royalties for Mobile Phone Ringtone Downloads
In an Amended Class Action Lawsuit filed on July 11, 2006 by Labaton Sucharow & Rudoff LLP and Probstein & Weiner, The Allman Brothers Band, Cheap Trick and Elmo Shropshire allege on behalf of themselves and other class members that Sony Music is not paying its recording artists 50% of the net licensing revenue received by Sony Music in connection with master recordings licensed to Cingular Wireless and other third party providers of mobile phone ringtone downloads, as Sony Music is contractually obligated to do.

This Amended Class Action Lawsuit, which adds Elmo Shropshire as a class representative, follows the original complaint filed on April 27, 2006, which alleged that Sony Music was not paying its recording artists 50% of the net licensing revenue received by Sony Music in connection with master recordings licensed to Apple and other third party providers of digital music downloads.

With respect to ringtones, the Amended Complaint contends that Sony Music wrongfully treats each download as a sale of a physical phonorecord (i.e. a CD or cassette tape), and pays its recording artists approximately 8.3 cents from the $1.00 to $1.50 that Sony Music receives for a ringtone, rather than the 50 to 75 cents to which its recording artists are entitled.

07-24-2006

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Hunton & Williams, LLP

White Collar Criminal Defense and Special Investigations Group Joins Litigation Practice at Hunton & Williams
Hunton & Williams LLP is pleased to announce the expansion of its firmwide litigation practice with the addition of Ken Bell, as partner, and Jack Knight and Brian Cromwell, as counsel, in its Charlotte, North Carolina office. The three join the law firm’s white collar criminal defense and special investigations practice. Most recently with Mayer, Brown, Rowe & Maw, they were veteran federal prosecutors before joining private practice. Bell received national recognition as the prosecutor who fought to win America’s first-ever conviction for terrorist financing.

“We are delighted that Ken, Jack and Brian have joined the firm,” said Wally Martinez, managing partner of Hunton & Williams. “This is a significant addition to our national litigation practice. These seasoned trial lawyers will add depth and breadth to our expanding white collar criminal defense practice. I am particularly pleased that Ken has agreed to play a significant leadership role in our national white collar and special investigations practice.” “Ken is a superb litigator and has developed a strong network of white collar criminal defense lawyers,” added Tom Cottingham, managing partner of the Charlotte office. “His experience in high-stakes investigations—such as his role in the 2002 conviction of a Hezbollah cell in Charlotte—provides him an in-depth understanding of the challenges facing our clients.”

The white collar and special investigations practice at Hunton & Williams covers a broad spectrum of white collar cases, including environmental criminal and regulatory enforcement actions; health care fraud; internal and government investigations; public and private corruption, bribery, and kickback schemes; tax violations; money laundering; computerrelated criminality; financial, banking, and securities laws violations; U.S. Customs investigations into dumping, undervaluation, high technology transfer, and smuggling; Foreign Corrupt Practice Act violations; international and domestic fraud Atlanta • Bangkok • Beijing • Brussels • Charlotte • Dallas • Houston • Knoxville • London • McLean • Miami • New York • Norfolk • Raleigh • Richmond • Singapore • Washington © 2006 Hunton & Williams LLP. These materials have been prepared for informational purposes only and are not legal advice. This information is not intended to create an attorney-client or similar relationship. Please do not send us confidential information. Past successes cannot be an assurance of future success. Whether you need legal services and which lawyer you select are important decisions that should not be based solely upon these materials. schemes of every type; RICO proceedings; and espionage and terrorism cases.

The Lawyers
Kenneth D. Bell focuses his practice on white collar criminal matters, internal and government investigations, including commercial and financial investigations and anti-money laundering, RICO and cases before the Fourth Circuit Court of Appeals. Before joining private practice, he served 17 years as a prosecutor in the U.S. Attorney’s Office in Charlotte, the last 10 as First Assistant United States Attorney overseeing prosecution of all federal criminal offenses and civil enforcement in 32 western counties. He has received awards and citations from the Department of Justice, FBI, DEA, U.S. Secret Service, U.S. Customs Service, Bureau of Alcohol, Tobacco, Firearms, and the IRS. Bell received his undergraduate and law degrees from Wake Forest University.
Bell gained national recognition for the 2002 conviction of a Hezbollah terrorist cell in Charlotte, uniquely obtaining convictions for providing support to a terrorist organization, RICO, money laundering and conspiracy. The ring, which sold $7.5 million in contraband cigarettes, also arranged for the delivery of military equipment, such as mine detection gear, blasting equipment and night-vision goggles, to Hezbollah. One of the defendants was sentenced in 2003 to 155 years in prison. Bell successfully introduced wire tap records from the Canadian Security Intelligence Service, the first and only time such records have been used in a U.S. court. For his groundbreaking work, he was honored with the prestigious U.S. Attorney General John Marshall Award for Trial of Litigation and with a special commendation from the Director of the Canadian Security Intelligence Service (CSIS).

Jack M. Knight Jr. has served as lead counsel in numerous federal and state investigations and trials, including more than 50 heard by a jury. His practice focuses on white collar defense, internal investigations and corporate compliance. The former federal and state lawyer was a prosecutor in the capital murder trial of former NFL player Rae Carruth. He also served as supervisor for the Anti-Terrorism Task Force and Anti- Terrorism Advisory Council for the Western District of North Carolina. The former president of the Mecklenburg County Bar Association’s Criminal Justice Section received his undergraduate degree from UNC-Chapel Hill and his law degree from American University.

Brian Cromwell’s principal areas of practice are white collar criminal defense, corporate compliance planning, government and internal corporate investigations and cybercrime defense. He is a former assistant district attorney and assistant United States attorney, with substantial trial experience in a variety of matters. He received his undergraduate degree from Fairleigh Dickinson University and his law degree from Fordham University School of Law. Prior to attending law school, Cromwell gained valuable experience as an analyst for a Fortune 100 company and a tax consultant for one of the “Big Eight” accounting firms, which sparked his practical and legal insight into complex corporate criminal issues.

07-24-2006

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Michael Best & Friedrich, LLP

2005 Wisconsin Act 242: Licensure of Out-of-State Pharmacies
On April 13, 2006, 2005 Wisconsin Act 242 took effect and requires any pharmacy located in another state that ships, mails or delivers a prescribed drug or device to a person in Wisconsin to be licensed by the Wisconsin Pharmacy Examining Board ("PEB").

07-24-2006

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Powell Goldstein LLP

Fifth Circuit Reverses Seminal Tax Court Case Imposing Intermediate Sanctions
On July 11, 2006, the Fifth Circuit Court of Appeals issued an opinion in the case of Caracci v. Commissioner of Internal Revenue, reversing the ruling of the Tax Court which imposed intermediate sanctions on the taxpayers under section 4958 of the Internal Revenue Code ("IRC"). The scathing opinion criticized the methods used by the IRS and the Tax Court to determine that the taxpayers had received an improper benefit from the conversion of three tax-exempt organizations to for-profit corporations.

07-24-2006

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Powell Goldstein LLP

OIG Study Results in Decrease in Physician Reimbursement for Five Oncology Procedure Codes
The Office of the Inspector General of the Department of Health and Human Services ("OIG") has released its report, "A Comparison of Average Sales Prices to Widely Available Market Prices: Fourth Quarter 2005," detailing the OIG's findings on the prices paid by hematologists and medical oncologists for thirty-nine Medicare Part B prescription drugs.

07-24-2006

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