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Dickstein Shapiro LLP Welcomes Counsel Erin M. Sweeney to The Firm’s Corporate & Finance Practice
Former Department of Labor Employee Retirement Income Security Act (ERISA) specialist Erin M. Sweeney has joined Dickstein Shapiro LLP as counsel in the ERISA Practice. Ms. Sweeney is a primary architect of the Department of Labor’s default investment regulation proposal that impacts mutual funds, investment managers, employers, and plan trustees. She also participated in drafting the Pension Protection Act of 2006, the most significant pension legislation since the enactment of ERISA, affecting virtually all pension plans, employers, plan investment managers, and plan service providers. In addition, Ms. Sweeney has served as an expert witness for the United States in multiple ERISA criminal matters.

We are excited to have Erin join Dickstein Shapiro’s accomplished Corporate & Finance team,” said Fred Lowther, head of the firm’s Corporate & Finance Practice. “Her strong background in employee benefits and ERISA matters will add significant value for our corporate clients.”

At Dickstein Shapiro, Ms. Sweeney will advise on all aspects of employee benefits and executive compensation. Prior to joining the Department of Labor, she was counsel with Latham & Watkins, LLP and Paul Hastings Janofsky & Walker LLP, and was an associate with Arent Fox LLP. Ms. Sweeney serves as a co-chair of the ERISA subcommittee of the American Bar Association Employment Rights and Responsibilities Committee of the Labor and Employment Law Section.

“I look forward to joining the dynamic and creative lawyers at Dickstein Shapiro,” said Ms. Sweeney. “Dickstein Shapiro’s passion for innovation, coupled with my experience drafting cutting-edge legislation and regulations, is a natural fit.”

Ms. Sweeney received her J.D., cum laude, from The American University Washington College of Law, her M.A. in Law and International Affairs from The American University School of International Service, and her B.S. and B.A., summa cum laude, from Ohio University.

The Firm’s Corporate & Finance Practice is international in scope and involves representation of some of the world’s largest corporations, commercial banks, investment banks, and venture capital firms. The Practice’s work ranges from small, traditional transactions to large, highly complex transactions, and provides a full range of corporate, finance, and transactional legal services to its clients. To best meet all the needs and objectives of its clients, the Corporate & Finance Practice offers the complete resources of the firm for problem solving and transaction implementation. Dickstein Shapiro attorneys are leaders in the fields of ERISA litigation and counseling and have been active in the field of employee benefit litigation since ERISA was enacted in 1974. Firm attorneys have been retained as expert witnesses in ERISA cases, have counseled numerous organizations, and have conducted seminars throughout the United States on ERISA issues.

07-09-2007

Matthew Pollack Joins Calfee
Matthew Pollack joins Calfee as an associate with the Commercial Business and Finance group. Matt is a graduate of Case Western Reserve University School of Law. He earned his undergraduate degree from Ohio State.

07-09-2007

Seyfarth Shaw Deepens Bankruptcy Practice with Addition of San Francisco-Based Partner David M. Wiseblood
Seyfarth Shaw LLP, one of America’s leading full service law firms, announced that David M. Wiseblood has joined the firm’s San Francisco office as a partner in its Bankruptcy, Workouts and Business Reorganization Practice Group. Wiseblood was previously a partner with K & L Gates.

Wiseblood’s practice concentrates on all aspects of bankruptcy and creditor’s rights litigation and related services. He has represented national and community banks, leasing companies, asset-based lenders and real estate developers. Wiseblood’s practice has historically had a particular emphasis on complex bankruptcy cases, commercial workouts, loan restructurings and defense litigation.

“We are thrilled to have David join our team,” said Gus A. Paloian, chair of Seyfarth Shaw’s Bankruptcy, Workouts and Business Reorganization Practice Group. “David is a respected practitioner of all aspects of bankruptcy litigation law, and his addition to our San Francisco office will enable us to meet the growth in demand for our services.”

Seyfarth Shaw’s bankruptcy litigation attorneys represent lenders, trustees, creditors’ committees, unsecured creditors and others with responsibility to implement reorganization or liquidation plans. They also represent debtors and distressed companies seeking to establish and carry out plans that will maximize the opportunity to successfully resolve financial and operational concerns.

“The addition of David to our office will help us provide a full spectrum of San Francisco-based legal services for clients in the Bay Area and throughout California, including those in need of bankruptcy counsel and support,” said Nick C. Geannacopulos, Managing Partner of the firm’s San Francisco office. “David is a welcome addition to our partnership both professionally and personally.”

Wiseblood earned his B. A. in Economics (with honors) from the University of California at Berkeley. He earned his J. D. (with honors) from the University of San Francisco School of Law where he also worked on the school’s Law Review. Wiseblood is a member of the State Bar of California.

“I believe Seyfarth Shaw’s core values—including client service, commitment, innovation and team work—embody the way I practice law and work with my clients,” Wiseblood said. “I am delighted to join my new colleagues in the San Francisco office and look forward to working with my fellow attorneys from offices throughout the country as we work hard to contribute to our clients businesses' and interests.”

07-09-2007

Dallas Partner Wayne Mason to Become FDCC President
At the upcoming annual meeting of the Federation of Defense & Corporate Counsel (FDCC) in late July, Sedgwick attorney Wayne Mason will assume the role of FDCC President. An active trial attorney, Mr. Mason has defended national and international clients in diverse litigation matters across the country and is known for his strong communication skills with juries and clients. As President of the FDCC for the 2007-2008 year, Mr. Mason will be responsible for the operations and affairs of the organization.

The FDCC assists in establishing standards for providing competent, efficient and economical legal services as well as to encourage and provide for its members’ continuing legal education. As leaders of the legal community, FDCC members have been judged by their peers to have achieved professional distinction. FDCC members are experienced attorneys in private practice, general counsel and insurance claims executives from throughout the world.

07-09-2007

Manatt Lands Prominent Entertainment Attorney Aydin S. Caginalp
Manatt, Phelps & Phillips, LLP, the national law and consulting firm, announced today that Aydin S. Caginalp has joined the firm as a partner in the Entertainment and Media practice group, and will be located in the New York office. Mr. Caginalp was previously a partner at Alston & Bird, where he also chaired that firm's Media and Digital Commerce Group. The addition of Mr. Caginalp is part of Manatt's strategic plan to broaden the national scope of its entertainment and media transactional work, as well as enhance the firm's capabilities in its New York office.

"Aydin's business and deep experience in finance, content, and technology promotes Manatt's strategy to grow and expand its entertainment transactional practice," said William S. Bernstein, Manatt's New York administrative partner. "Aydin's depth of knowledge began in music through the formation of BMG Music. He has an extraordinary level of understanding of new media and the most cutting-edge methods of delivering entertainment and content through the Internet and evolving distribution channels."

"Aydin is a highly regarded attorney in the entertainment and media transactional arena and his multidisciplinary expertise enhances our objective to create the premier national law firm to represent companies and businesses in the rapidly changing entertainment and media industry," added William T. Quicksilver, Manatt's chief executive officer and managing partner. "We are thrilled that Aydin decided to bring his practice to Manatt."

Mr. Caginalp counsels his clients in matters related to the convergence of entertainment, media, and intellectual property. "Manatt provides an exceptional environment for my new media practice to thrive due to the firm's complementary practices in entertainment, media, Internet, advertising, marketing and venture funding through Manatt's presence in New York, California, and Washington D.C.," said Mr. Caginalp.

Mr. Caginalp represents entertainment and media clients both domestically and internationally and his practice covers a wide range of corporate transactions, including mergers, acquisitions, and joint ventures. He has worked in the establishment of ISP services, search engine companies, acquisitions involving significant entertainment properties throughout the world, establishment and operation of e-commerce companies as well as digital rights management and legal issues related to the delivery of entertainment products through the Internet.

Mr. Caginalp worked in the establishment of AOL Europe, Lycos Europe and BarnesandNoble.com, as well as significant acquisitions in the entertainment field which include the acquisition of Zomba Records and Music Publishing Group. Other significant deals involved the purchase of a major direct marketing DVD distributor, purchase of a ringtone provider, joint ventures in the field of broadcast television, and the expansion of a broadcast company to nine countries, as well as a joint venture to provide satellite delivery of entertainment and e-mail services. Mr. Caginalp holds an LL.M. in Taxation from New York University School of Law, a J.D. from Tulane University, and an A.B. from Indiana University.

Ms. Renee Brissette will also be joining Manatt as a partner. She has worked with Mr. Caginalp for over 17 years and has extensive experience in new media practice areas encompassing Internet, ISP, search engine, and various initiatives involving the delivery of music and entertainment products, as well as acquisitions involving significant entertainment properties throughout the world. Ms. Brissette represented the purchaser of the largest U.S. direct-to-consumer DVD provider, as well as digital online book offerings, outsourcing of various functions by Internet companies and establishment of an IPTV entity. She received her J.D. from New York Law School, and B.S., cum laude, from Union College.

07-09-2007

Jones Day Obtains Landmark IP High Court Decision in Japan in Mini Maglite 3-D Trademark Suit
Jones Day Tokyo acted as counsel to Mag Instrument, Inc. ("Mag") in a lawsuit against the Japan Patent Office ("JPO") at IP High Court seeking to cancel the trial decision of JPO that rejected Mag's three-dimensional trademark application for the shape of the flashlight named "Mini Maglite." On June 27, 2007, the Japan IP High Court issued a landmark court judgment that has overturned the JPO's decision, holding that the product configuration of Mini Maglite has acquired distinctiveness based upon its long-term use in Japan.

Since the introduction of the three-dimensional trademark system in Japan in 1997, many cases were appealed to the high court, seeking to register product configuration as a three-dimensional trademark, but none has succeeded. This is the first case in Japan where registration of the three-dimensional mark was approved at the High Court level.

In finding acquired distinctiveness, the IP High Court stressed, among others, (1) the shape of the Mini Maglite flashlight has remained unchanged since its first sale in 1984 in the U.S.; (2) numerous Mini Maglite flashlights have been sold in Japan; and (3) Mini Maglite flashlights have been advertised and widely publicized since 1985 with a heavy advertising and publicity budget on emphasizing the product shape.

The Jones Day lawyers representing Mag before the IP High Court were Michiru Takahashi, Nobutaka Komiyama, Eri Asano and Tomoki Ishiara in Tokyo with assistance from Robert Weiss and David Randall in Los Angeles.

07-09-2007

Jones Day Antitrust Team Wins Jury Verdict for Macy's on Group Boycott Claim
Jones Day recently obtained a jury verdict after a two-week trial on an antitrust group boycott claim filed by a consumer class against Macy's and The May Company (which Macy's later acquired in 2005). The consumer class had alleged that Macy's and May conspired between themselves in 2001 to induce two of their vendors, Waterford-Wedgwood and Lenox, not to sell fine china tableware products to a competing retailer, Bed, Bath & Beyond. According to plaintiffs, Macy's and May coordinated their efforts in communicating their viewpoints to Waterford-Wedgwood and Lenox after learning that the two vendors were considering whether to sell to Bed, Bath, & Beyond. Macy's and May denied any communications between themselves, asserted that they had reached independent decisions to approach their two vendors and explained that the vendors thereafter made their own, independent decisions respecting Bed, Bath & Beyond.

The San Francisco federal court had previously certified a nationwide class of consumers who purchased fine tableware products from Macy's or May during a three year period beginning in September 2001. The two-week trial ended on July 2, 2007, with defendants obtaining a unanimous verdict in their favor from a nine-person jury, which found no liability on the central claim of conspiracy.

The trial was the culmination of nearly three years of active litigation. In defending Macy's, Jones Day assembled a cross-office trial team consisting of lawyers from the Firm's Antitrust & Competition Law and Trial Practice groups from four of the Firm's offices: Phil Proger (Washington, D.C.), Jeff LeVee (Los Angeles), Martha Boersch (San Francisco), Tom Demitrack (Cleveland), and Eric Enson and Kate Wallace (Los Angeles).

07-09-2007

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