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Zachary R. Pancoast Serves as Co-Chairman for 28th Annual BAMSL Bench & Bar Conference
Zachary R. Pancoast, a Principal in Moser & Marsalek's Medical & Health Care Litigation department, recently served as Co-Chairman of the BAMSL Bench, Bar and Professional Development Conference held from May 31st to June 2nd. Mr. Pancoast represented the Young Lawyers Division while serving as a co-chair.

The 28th annual conference was held at The Lodge of the Four Seasons at the Lake of the Ozarks. The purpose of this three day conference is to permit lawyers and judges to meet and discuss issues affecting the judicial system, administration of justice and the practice of law as well as professional development. Participants attending the entire conference received 9 MO MCLE hours and 3.2 ethics hours

06-30-2007

Lindquist & Vennum Attorneys Are First in the Nation for Pro Bono Participation
Setting the standard for law firms across the country, Lindquist & Vennum has received national recognition for its extensive pro bono efforts. The firm not only made its debut this month on the Am Law 200™ list of top firms, but was also honored for having 94.5 percent of its attorneys logging 20 or more hours of pro bono service—the highest percentage of any other Am Law 200 firm, and a number The American Lawyer calls “staggering.”

Since the firm was founded, a tradition of commitment to giving back to the community has been deeply ingrained in the culture at Lindquist & Vennum. For nine consecutive years, the firm has met the Pro Bono Institute’s Law Firm Pro Bono Challenge of contributing to pro bono work an amount of time equal to 3 percent of the firm’s total billable hours. In addition, 100 percent of attorneys at the firm have participated in pro bono work at some level since our program was formalized in 1997. Since the firm’s founder, Leonard Lindquist, passed away in 2004, his legacy of service has thrived through initiatives such as increasing the annual goal to 20 hours per attorney (to meet the challenge set forth by The American Lawyer in 2005) and developing a new program providing volunteer opportunities for staff.

“We’ve been told time and time again that our pro bono program and the level of participation by our attorneys is outstanding,” said Daryle Uphoff, the firm’s managing partner. “It’s gratifying to be recognized on a national level, but even more gratifying to look at the work we have done and how it helps those we serve.”

The American Laywer’s pro bono rankings are available on the publications website, along with a report on the state of pro bono participation among U.S. firms, which includes a profile of Lindquist & Vennum’s pro bono program.

06-30-2007

Everett Laboratories v. Vertical Pharmaceuticals
A three-judge panel of the United States Court of Appeals for the Third Circuit, based in Philadelphia, has issued a decision in favor of Vertical Pharmaceuticals, Inc., a distributor of prescription vitamin products sold under the trademark CORVITE. The panel affirmed an earlier decision by a federal judge in Newark, New Jersey, who had denied an injunction requested by Everett Laboratories, Inc., which had been asserting trademark infringement relating to Everett's STROVITE products.

In January 2006, U.S. Senior District Judge Dickinson Debevoise had denied Everett's request for a preliminary injunction, holding that Everett had not established a likelihood of success in demonstrating confusing similarity between STROVITE and CORVITE. In a June 13, 2007, opinion by Circuit Judge Marjorie Rendell, the Third Circuit agreed with Judge Debevoise's decision and suggested that Judge Debevoise had not sufficiently appreciated the weakness of Everett's case. The panel's decision expressed the view that Judge Debevoise had "overstated the similarity of the marks," because the common element of the two competing trademarks (STROVITE and CORVITE) was the suffix "-vite," which is a common descriptive term having little independent force or distinctiveness.

While the Third Circuit's decision did not result in dismissal of the suit, Charles Kennedy of Lerner, David, Littenberg, Krumholz & Mentlik, LLP of Westfield, New Jersey, lead counsel for Vertical, suggested that the Third Circuit's decision may lead to the suit being dropped. As Kennedy noted, "We think Everett should think long and hard about pursuing this case in the face of a Third Circuit decision that is extremely negative to Everett's position."

06-30-2007

Cavanagh Appointed to Bar Association Grievance Committee
Patrick Cavanaugh has been appointed to the Grievance Committee for the Toledo, Ohio Bar Association, effective July 1, 2007. The committee’s responsibilities include hearing grievances and presenting findings and recommendations to the Ohio Supreme Court for ultimate decisions on attorney discipline matters.

Cavanaugh has served on the Grievance Investigation Committee for the Toledo Bar for a number of years prior to this appointment. He is an associate principal with the Kitch firm.

06-30-2007

Ralph Valitutti Presents at National Conference on Obstetric Malpractice
Kitch firm principal Ralph Valitutti was a featured speaker at the sixth annual National Advanced Forum on Obstetric Malpractice, offered in June, 2007 by the American Conference Institute. Mr. Valitutti discussed "Neonatal Infection, Metabolic Disorders and Subsequent Injury: Assessing Causation and the Standard of Care."

The conference attracts hospital staff, obstetricians, family physicians, and insurance counsel and claims managers.

06-30-2007

Gordon & Rees Selected As "Go-To Law Firm®" for Financial Services Companies
Gordon & Rees has been selected as a "Go-To Law Firm®" for Financial Services Companies and will be featured in Corporate Counsel's® guide to in-house law departments at the nation's leading financial services companies.

"Go-To Law Firms®" were identified through research conducted by ALM. Researchers surveyed general counsel at the leading financial services companies as to which outside law firms they turn to for assistance, and also investigated and gathered data from various public records resources including court dockets and securities filings, as well as legal and business publications.

ALM's Corporate Counsel® magazine is the nation's leading magazine for general counsel and in-house attorneys at corporations across the country.

06-30-2007

Four Gordon & Rees Partners Nominated by Law Business Research into Who’s Who Legal: California
Gordon & Rees Partners Stuart Gordon, Jack McCowan, Fletcher Alford and Thomas Packer were nominated into the Who's Who Legal: California 2007.

Law Business Research (LBR) is the official research partner of the International Bar Association. LBR researched candidates who were repeatedly mentioned in legal publications, periodicals and the internet and selected lawyers considered preeminent in their field after independent comprehensive survey interviews with general counsel and product liability lawyers.

06-30-2007

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