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Kaye Scholer One of Top Contributors to The Legal Aid Society's 2007 Associates' Campaign
Kaye Scholer is one of the top ten New York law firm contributors to The Legal Aid Society's 2007 Associates' Campaign. The firm and Mark Beckman, associate, who coordinated Kaye Scholer's campaign, were recognized for their contributions by The Legal Aid Society at the Associates' Campaign Recognition Ceremony on July 24. More than 1,000 associates in the New York area participated in the campaign which raises funds to continue the work of the Society's Civil practice, providing legal representation to the most vulnerable New Yorkers: senior citizens, disabled and chronically-ill children and adults, survivors of domestic violence, unemployed workers, immigrants fleeing oppression, persons living with HIV/AIDS, low income wage earners, and homeless and imminently homeless children and adults.

07-24-2007

Leading Copyright and New Media Lawyer Steven R. Englund Joins Jenner & Block
Steven R. Englund, a leading copyright and new media lawyer who has worked on digital copyright issues for more than 15 years, has joined Jenner & Block’s Washington, DC office as a partner in the Firm’s Entertainment and New Media Practice.

“Steve’s extensive experience will enhance our already outstanding media and copyright practice, which is helping our clients solve their problems and helping adapt the principles of copyright law to the realities of the digital age,” said Gregory S. Gallopoulos, Jenner & Block’s Managing Partner.

"Steve will be a tremendous addition to our practice because he possesses unparalleled knowledge of copyright law and has extensive experience in the challenges that all content companies will continue to face in the coming years," said Thomas J. Perrelli, Managing Partner of Jenner & Block's DC office and Co-Chair of its Entertainment and New Media Practice.

Steven B. Fabrizio, Co-Chair of that practice, said, “We have had the privilege of working with a lot of fine copyright and technology lawyers over the years. And, even among the highest caliber lawyers, Steve has consistently stood out as one of the very best. We are thrilled that he is joining the team.”

Said Mr. Englund, “I am very excited to join Jenner & Block. In my practice over the years, I have gotten to know several of the Firm’s attorneys in the Entertainment and New Media Practice, and I am looking forward to working with them and continuing to work on the cutting edge of copyright issues in digital media.”

Mr. Englund joins Jenner & Block from a partnership at the DC firm of Arnold & Porter. His practice focuses primarily on the use of music and other entertainment content in the digital environment and the application of copyright law to new technologies, as well as on more traditional copyright matters. For more than 15 years he has helped shape copyright law for the digital environment by representing the U.S. recording industry in the industry negotiations leading to the enactment of such legislation as the Audio Home Recording Act, the Digital Performance Right in Sound Recordings Act, the Digital Millennium Copyright Act, the Small Webcaster Settlement Act and the Copyright Royalty and Distribution Reform Act.

Mr. Englund has regularly represented the recording industry in rulemaking and other proceedings before the U.S. Copyright Office. He has represented the industry in numerous industry negotiations, including negotiation of the agreement with the music publishing industry that paved the way for the launch of online subscription services. He has participated in developing strategy for numerous precedent-setting copyright litigations. He also counsels clients in diverse industries concerning copyright law.

Mr. Englund also has represented clients in the entertainment, information technology, communications, financial services, biotechnology and other industries in a wide variety of commercial and corporate transactions involving new media or technology.

Mr. Englund graduated from the University of Minnesota, magna cum laude, with a degree in computer science and political science in 1986. In 1989, he received his J.D., cum laude, from the University of Michigan Law School, where he was Executive Editor of the Michigan Law Review. From 1989-1990, he served as a law clerk to the Honorable Daniel A. Moore, Jr. of the Alaska Supreme Court. He is a member of the District of Columbia and Virginia bars.

07-24-2007

Chambers USA Recognizes Twenty-Eight Howrey Attorneys as Leaders in Their Fields
Twenty-eight Howrey attorneys have been recognized this year by Chambers USA for excellence in their respective fields, and several achieved Tier One status, meaning they are considered the best in their practice areas by both clients and peers.

The Chambers Guides are respected UK-based directories which rank attorneys based on exhaustive research, submissions by the firms, interviews and clients references. Chambers researchers conduct interviews with other practitioners in a given practice area to ascertain current activity and leadership.

“We are pleased that Chambers has recognized again this year something that we have known all along, namely, that our Howrey attorneys are some of the very best lawyers practicing in their fields,” said Robert F. Ruyak, Chairman and CEO of Howrey. “We are pleased to have placed so many of our attorneys in the top ranks and to have our practice groups so well regarded in their regions.”

Among those recognized in Tier One were:

Gary Bendinger, Litigation, Utah - “a stellar reputation…with a very significant practice…a first rate litigator.”

Cecilia H. Gonzalez, International Trade: IP Section 337- National and DC “A smart litigator who develops a good rapport with her clients.”

Jan Handzlik, White Collar and Government Investigations-California - “more than thirty years of white collar criminal defense experience.”

David Steuber, Insurance: Policy Holder - National and California - “highly impressive…very intellectual, approaching coverage from an analytical rather than an impassioned angle.”

Other Howrey attorneys ranked were:

Jill Berkeley - Insurance: Coverage Litigation- Illinois

Sean F X Boland - Antitrust - District of Columbia

Henry Bunsow-IP - Patent California

Mary Craig Calkins - Insurance: Policy Holder - California

Joanne E Caruso - Litigation: General Commercial - California

Ty Childress- Insurance Policy Holder- National and California

David Greenwood- Litigation: General Commercial- Utah

John Keville - Intellectual Property - Texas

Susan Knoll - Intellectual Property - Texas

Joseph Lavelle - Intellectual Property - District of Columbia
John Lynch - Intellectual Property - Texas

Christopher J MacAvoy - Antitrust - District of Columbia
Floyd Nation - Intellectual Property - Texas

John W Nields - Litigation: General Commercial - District of Columbia
John Norris - Intellectual Property - Texas

Curtis D Porterfield - Insurance: Policy Holder - California
James F Rill - Antitrust - District of Columbia

Mark Schechter - Antitrust - District of Columbia
Robert Shulman- Insurance: Policy Holder - District of Columbia and National

John Taladay - Antitrust - District of Columbia
Robert Taylor - Antitrust - California

Elizabeth Weaver - Environment - California

Mark D Wegener - Litigation: General Commercial - District of Columbia
Alan Wiseman - Antitrust - District of Columbia

“We congratulate each attorney for this fine accomplishment,” Ruyak said. “This has been a year of superlatives for Howrey and these rankings are an indication of the depth of our expertise in virtually every region where we have offices.”

07-24-2007

Bob Dunn receives 2007 Frank G. Evans Award
At the annual State Bar meeting, held in June this year in San Antonio, Charles R. “Bob” Dunn, of counsel at Godwin Pappas in Houston, was awarded the 2007 Frank G. Evans Award, which recognizes outstanding efforts to promote alternative methods of resolving disputes. Bob received the award for his efforts to start Houston’s first neighborhood justice center in 1976.

Bob Joined Godwin Pappas in 2004. He is a successful litigator with more than 100 cases tried in more than 40 years of practice. Additionally, he began a successful mediation practice 10 years ago, and served as president of both the Houston Bar Association and the State Bar of Texas. He served six years on the Texas State Commission on Judicial Conduct and was Chair of that Commission for two of those years.

Godwin Pappas is an 80-member trial and appellate law firm that represents Fortune 500 and middle market industry leaders in Texas and throughout the United States. We Solve the Problem™!

07-24-2007

Schnader Honors Stephen A. Fogdall with 2007 Earl G. Harrison Pro Bono Award
Schnader Harrison Segal & Lewis LLP is pleased to announce that Stephen A. Fogdall is the 2007 recipient of the Earl G. Harrison Pro Bono award. Mr. Fogdall was given the award and recognized at a reception held on July 12, 2007 for his dedication to public service and pro bono work, mainly in the area of prisoner civil rights.

“The Firm is very proud of Steve and the work that he does,” remarked Ralph Wellington, Chairman of Schnader Harrison Segal & Lewis LLP. “Despite a busy case load, Steve finds the time to work on pro bono cases and does so with passion and skill. In all he does, he exemplifies the principles and legacy of Earl G. Harrison.”

Mr. Fogdall has dedicated more than 1,000 hours to pro bono matters in the time he has been at Schnader, and his level of commitment is matched only by the level of his conviction. Although Mr. Fogdall has been involved with approximately a dozen different pro bono matters, two cases in the recent past stand out as representative of his notable pro bono efforts. In the past year, he reached an impressive settlement in a prisoner civil rights case in which it was alleged that prison officials deliberately promulgated and enforced a policy within the Pennsylvania Department of Corrections of not informing inmates when they tested positive for hepatitis. Mr. Fogdall’s client tested positive for hepatitis A, B, and C. However, no one at the prison where he was living when he was tested, or at the prison where he was subsequently transferred, ever informed him of this diagnosis. He finally learned that he had hepatitis six years later, after he was transferred to another prison and medical officials reviewing his files told him of the positive test results. When asked why he had never been informed he had hepatitis, he was told the he did not "need to know" because there was "no cure." Mr. Fogdall argued that this conscious policy of not informing inmates who test positive for hepatitis constituted deliberate indifference to the serious medical needs of the inmates and violated their constitutional rights. Shortly before the trial, Steve obtained a favorable – and meaningful – settlement for his client, which included both monetary damages and the appointment of an independent medical expert, who recommended periodic monitoring of the inmate’s condition. The Pennsylvania Attorney General’s Office has assured that the Department of Corrections will provide the recommended monitoring.

Another recent prisoner’s right case involving the inadequate provision of medical care brought Mr. Fogdall before the Third Circuit Court of Appeals. His client had claimed, while proceeding pro se in the District Court, that the Delaware Department of Corrections' policy of contracting out medical care to for-profit providers violated the Eighth Amendment because the providers placed their own cost issues ahead of inmates' medical needs. Mr. Fogdall’s client suffered from a range of symptoms for years before he was eventually diagnosed with sarcoidosis, a potentially life threatening and systemic illness involving tumors that can impact numerous organs, including the lungs, lymph nodes, and the central nervous system. The prison failed to perform the diagnostic tests that would have discovered this disease in a timely manner, and then failed to perform adequate procedures to determine the extent the client's illness, despite repeated medical grievances from the prisoner. The issues before the Third Circuit were whether Mr. Fogdall's client had exhausted his administrative remedies prior to filing his complaint, and whether the District Court had erred in granting the prisoner's motion to amend his complaint to remove some of the defendants, when the client had subsequently withdrawn the motion prior to the District Court's decision. The argument before the Third Circuit was well received and is currently under review by the Court. However, because of Mr. Fogdall’s assistance, it is hoped that the client will get his day in court and be able to proceed with his claims.

Mr. Fogdall is a member of Schnader’s Litigation Services Department, and participates in numerous areas of the Firm’s commercial litigation practice. He has litigation experience in state and federal courts at both the trial and appellate levels, and his practice has focused on antitrust issues in the pharmaceutical and office supply industries, the assignability of nonexclusive patent licenses, fraud in the execution of asset purchase agreements, and conflicts of interest triggered by an insurer’s duty to defend. He also has extensive experience in habeas corpus matters. He graduated from the University of Pennsylvania School of Law in 2001. During his time in law school, he organized a symposium on the role of labor unions in the new economy, gathering practitioners and academics from across the country. Before practicing law, Mr. Fogdall earned a Ph.D. in philosophy, specializing in epistemology, from the University of Washington in 1997. His dissertation dealt with the implications of mechanistic theories of human cognition. He also received his B.A., magna cum laude, from the University of Washington in 1990, and was invited to be a member of the Phi Beta Kappa honor society.

The Earl G. Harrison Pro Bono Award – named for one of the Firm’s original named partners – is presented annually to a Firm attorney or staff member who has a distinguished record of pro bono or community service. The Firm selects an honoree with a demonstrated record that consists of a single outstanding achievement of enduring value to the public good, a leading role in inspiring and sustaining pro bono service by other firm personnel, or a sustained record of personal pro bono service over a number of years. The Award reflects the tradition and collective belief of the Schnader firm: that law is more than a business, and it should include using our skill, talent and wisdom to improve access to justice for every individual and to advance the common good. Earl G. Harrison‚ in whose memory the Firm gives this Award‚ was both a great lawyer and a remarkable humanitarian, who – after World War II – worked to convince the western nations to both open their own borders to those displaced persons liberated from the Nazi concentration camps‚ and to support the creation of the State of Israel‚ where Jews who could not face returning to their former homes could emigrate.

07-24-2007

In Class Action Defended by LeClair Ryan, Federal Court Imposes Sanction Against Milberg Weiss LLP
A federal judge in the United States District Court for the Eastern District of Virginia issued an order sanctioning the prominent plaintiffs securities class action law firm of Milberg, Weiss LLP for violations of Rule 11 of the Federal Rules of Civil Procedure. In a 30 page opinion, Judge Robert E. Payne admonished the Milberg, Weiss law firm and one of its current partners for three Rule 11 violations. The court also admonished Steven G. Schulman (a former Milberg Weiss partner) individually for one Rule 11 violation.

The Rule 11 sanctions arose out of a putative securities class action Milberg, Weiss brought in 2002 against Wachovia Securities, one of the nation's largest securities brokerage firms. Steven G. Schulman was appointed by the court as Lead Counsel for the class. James A. Murphy, a partner at LeClair Ryan, served as lead counsel for Wachovia Securities. After defeating a class certification motion and prevailing on summary judgment, Wachovia Securities asked the court to make certain findings required by the Private Securities Litigation Reform Act of 1995 ("PSLRA"), regarding the conduct of plaintiffs' counsel in the case. The trial court found that plaintiffs' counsel had committed three violations of Rule 11, but declined to impose any sanctions. Wachovia Securities appealed on the ground that sanctions are mandatory under the PSLRA once a violation of Rule 11 is established. Milberg, Weiss retained Professor Arthur R. Miller of Harvard Law School to represent it on appeal. The United States Court of Appeals for the 4th Circuit agreed with Wachovia Securities that sanctions are mandatory and remanded the case to the trial court for imposition of some sanction against the plaintiffs' lawyers responsible for the Rule 11 violations.

Wachovia Securities was represented by James A. Murphy, Cameron S. Matheson and Edward F. Sullivan.

07-24-2007

Alex MacFarlane Joins National Insolvency Group at Fraser Milner Casgrain LLP
Fraser Milner Casgrain LLP (FMC), one of Canada’s leading business law firms, announced today that Alex MacFarlane has joined the firm’s Toronto office as a partner in its Financial Services and Insolvency & Workout Groups. With almost 20 years of experience in prominent insolvency proceedings, Alex enhances FMC’s significant expertise in advising corporate and institutional clients on restructuring, reorganization, workout and bankruptcy proceedings.

"In today’s competitive and fast-paced world, many of our clients operate in several jurisdictions, and Fraser Milner Casgrain has developed a highly experienced multi-disciplinary team to help them understand the unique demands of varied cross-border insolvency laws and to ensure the best results possible," says Michel Brunet, FMC’s Chair and Chief Executive Officer. "Given Alex’s extensive domestic and cross-border experience, he will offer invaluable counsel to our national and international clients. We are very pleased to welcome Alex to FMC."

07-24-2007

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