Law Firm News

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Law Firm News

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Bryan Cave LLP

Eighth Circuit Upholds Decision in Groundbreaking Biological Research Case
Bryan Cave LLP St. Louis Partners Thomas Wack, Douglas King and Associate Elizabeth Teutenberg Ferrick successfully represented Washington University in an unprecedented dispute over ownership of biological research material. On June 20, the 8th Circuit Court of Appeals upheld a lower court ruling that tissue and blood samples provided to Washington University School of Medicine were gifts to the institution. The three-judge panel was unanimous in its decision that said these donors voluntarily made a gift to Washington University and, therefore, the specimens belong to the school.

The decision allows research institutions like Washington University to protect tissue banks from being fragmented by requests of research participants for the transfer of their samples. The ruling maintains the integrity of Washington University’s prostate cancer biorepository, which could not be used during the legal proceedings.

"Washington University, and other research centers nationwide, need to know that their research materials cannot be taken from them on a whim," Wack said. "The work they do is important for all of us, and needs to be protected and maintained."

In light of the Court of Appeals decision, Washington University will resume use of the biorepository, sharing the tissues in the repository with its own scientists and those at other institutions who want to conduct legitimate prostrate cancer research with the donated samples.

The case centered on whether research participants can reclaim their donated samples and give them to a researcher or an institution other than Washington University. In 2003, Washington University filed a declaratory judgment action against Dr. William Catalona, former chief of the urology division at the school, for ownership rights to blood, tissue and DNA samples in the biorepository. Catalona is a highly respected urologic surgeon and a well-known researcher of prostate cancer.

A few months prior to the suit, Catalona had left his position with Washington University to take a similar job with Northwestern University in Chicago. In order to continue his research at Northwestern, he sent a letter to WU research participants, including those who had not been his patients, asking for consent to withdraw their blood, tissue or DNA samples from the biorepository. More than 6,000 out of 60,000 recipients signed the form and returned it to Catalona, who then forwarded the patients’ consent letters to WU and requested the tissue samples be released to him.

Washington University’s intellectual property policy states that "all intellectual property (including…tangible research property) shall be owned by the University." Biological materials are considered "gifts" to the university. Once these gifts are delivered to WU, the policy states, the university becomes the sole owner. Furthermore, participants signed informed consents that stated they were agreeing to participate in medical research studies at Washington University. Nowhere in the forms were participants advised they were entrusting their samples to Catalona.

On April 14, 2006, U.S. District Judge Stephen Limbaugh ruled in favor of the university, declaring it the sole owner of the donated samples in the biorepository. This week, the 8th Circuit Court of Appeals upheld that decision.

06-22-2007

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Baker Botts LLP

Chambers USA 2007: Baker Botts Excellence Recognized in 32 Practice Areas
Chambers USA 2007 has recognized Baker Botts and 84 of the Firm's lawyers for excellence in providing legal services to its clients. The firm's presence in 32 practice areas in this year's Chambers USA book represents an increase of nearly 60 percent from 2006, when Baker Botts was recognized in 21 practice areas.

Lawyers from all of the firm's national offices -- Austin, Dallas, Houston, New York and Washington -- were recognized as excellent in 94 individual rankings this year, up from 78 rankings in 2006.

Nationally, Baker Botts was recognized in 12 practice areas, up from just 2 areas in 2006. The Firm was ranked first in Energy: Oil & Gas and Transportation: Energy. Van Beckwith, a litigation partner in the Firm's Dallas office, was ranked first in National Food & Beverages. Evan Berlack, an international trade lawyer based in the Firm's Washington office, was ranked first International Trade: Export Controls & Economic Sanctions.

In Texas, Baker Botts placed first in Corporate/M&A, Energy & Natural Resources, Environment, Intellectual Property, Labor & Employment, Projects, Real Estate, Tax, Technology & IT Outsourcing, and Technology: Corporate & Commercial. Pam Giblin earned a "Star Performer" -- top recognition in the state -- in Environment. "Up-and-Comers" in the state are John Anaipakos in Litigation: General Commercial, Van Beckwith in Litigation: General Commercial, Sam Cooper in Litigation: Securities, Brian Henchey for Technology & IT Outsourcing, Derek McDonald in Environment, and Macey Stokes in Litigation: Appellate.

In Washington, Jim Doty was ranked first in Securities Regulation: Advisory, and Bill Jeffress was ranked first for both Litigation: General Commercial, and Litigation: White-Collar Crime & Government Investigations.

06-22-2007

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Wyatt, Tarrant & Combs, LLP

Big Win in Static Control Components, Inc. v. Lexmark International, Inc.
Jury returned a verdict in favor of our client Static Control Components in its case against Lexmark International. Lexmark had alleged patent infringement and active inducement of patent infringement against Static Control and sought damages of 100 million dollars. The jury found that, not only was Static Control not liable under the patent laws, but that Lexmark had misused its patents resulting in an unreasonable restraint on competition. As a result, a defense verdict was entered in favor of Static Control and Lexmark took nothing on its claims. Craig Robertson and Mickey Webster were the lead Wyatt lawyers on the case, working in collaboration with Joseph Smith of Barlit, Beck, Herman, Pelancher & Scott.

Static Control Components is the world's largest manufacturer and global distributor of parts and supplies supporting the laser toner remanufacturing industry. It's product line features more than 11,000 products, basically everything needed to professionally remanufacture laser toner cartridges. Lexmark International is one of the world's largest printer manufacturers for homes and offices.

The decision is viewed as a win for consumers and their right to choose from whom they would buy their cartridges. "I think this is a very pro-consumer, money-saving, economically sound decision for the American consumer," said Static Control CEO Ed Swartz. Analysts spoke of how a verdict for Lexmark could have drastically changed the market for toner cartridges, and hailed Static Control for standing up to the printer manufacturers on behalf of the aftermarket.

The verdict was a culmination of 5 years of contentious litigation.

06-22-2007

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Tarlow, Breed, Hart & Rodgers, P.C.

Robert Kerwin recently appointed Co-Chair of the Business Law Section Council of the Massachusetts Bar Association for 2007-2008
Congratulations to Robert Kerwin who was recently appointed Co-Chair of the Business Law Section Council of the Massachusetts Bar Association for 2007-2008. As Co-Chair, Rob will preside together with Attorney Peter McDermott over monthly meetings of the Section Council and will serve as a member of the House of Delegates. The Section Councils are the key to the success of the Massachusetts Bar Association managing the substantive issues and proposals that affect the practice of law across the Commonwealth.

06-22-2007

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Messner & Reeves, LLC

MONTOYA ELECTED TO ABOTA
Bruce A. Montoya has been elected to the American Board of Trial Advocates

ABOTA’s primary mission is to preserve the constitutional vision of equal justice for all Americans and to preserve our civil justice system. ABOTA is an invitation-only organization consisting of lawyers who have tried a minimum of 20 civil jury trials to conclusion. To be elected into ABOTA, one must receive the approval of at least 75% of its existing members. A select group of Colorado lawyers are currently ABOTA members.

Mr. Montoya is a Partner at Messner & Reeves, where he leads the firm’s Litigation Practice Group. Mr. Montoya’s practice is in the area of complex litigation, including the representation of clients in commercial, business, medical and health-care related matters. Mr. Montoya is on the teaching faculty for the National Institute for Trial Advocacy and holds membership in the International Society of Barristers and the International Society of Defense Counsel.

06-22-2007

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Loyens & Loeff

Loyens Winandy, the Luxembourg law firm that is affiliated with Loyens & Loeff, has announced that it has three new partners.
Marc Meyers (37), a corporate attorney specialising in private equity, has joined Loyens Winandy as a partner. Marc was head of the corporate practice at Nauta Dutilh's Luxembourg office before moving to Loyens Winandy.

Pieter Stalman (42), a partner at Loyens & Loeff will also be practising in the Luxembourg office. Pieter is a tax adviser and is currently heading the Eindhoven office of Loyens & Loeff. He has been working as well in the firm’s Amsterdam, Geneva and Tokyo offices since 1990.

Dirk Lontings (45), partner at Lontings & Partners in Brussels, will be joining Loyens Winandy as a partner on 1 September 2007. Dirk's practice areas are mainstream corporate law and M&A. He will be working alongside Loyens Winandy’s managing partner and head of the corporate practice, Dirk Leermakers. “The arrival of our three new partners occurs at a critical phase in the development of our Luxembourg office”, says Dirk Leermakers.

“Marc, Pieter and Dirk are top-notch professionals with a reputation second to none in their respective areas of practice and communities.

06-22-2007

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Grotta, Glassman & Hoffman, P.C.

Fox Rothschild Attorneys Chair and Present at Inaugural NYU Institute on Federal Wealth Taxation Conference
Jerald David August, Esq., managing partner of Fox Rothschild LLP’s West Palm Beach office, who also regularly practices in the firm’s Philadelphia office, served as Chair of the First Institute on Federal Wealth Taxation for the New York University Institute on Federal Taxation. Fox Rothschild attorney Guy Maxfield, Esq., who is Special Counsel and resident in the West Palm Beach office, presented at the conference as well. Held this year on July 13-14th, the Institute is an advanced national conference for professionals in advising high-net-worth clients and closely-held business entities on federal tax matters. August and Maxfield spoke on important recent decisions regarding the IRS’ challenges to the use of Family Limited Partnerships to reduce the impact of federal transfer taxes.

August, a nationally recognized tax attorney, was asked to head up this new Institute on Federal Wealth Taxation. August is a long-standing member of the Advisory Board of the New York University Institute on Federal Taxation (NYU IFT), which is the oldest and most prominent tax institute in the country. August has twice served as conference co-chair of the week long NYU IFT, and regularly serves as chair of the one-day session on federal taxation of closely-held businesses.

August, Co-Chair of the Tax and Estates Department of Fox Rothschild LLP, is presently serving as Vice-Chair (Publications) of the American Bar Association, Section of Taxation. As such, he is Editor-in-Chief of The Tax Lawyer, which is the leading law review for tax practitioners in the country. He is also Editor-in-Chief of Business Entities, a leading national tax publication published by Thomson-RIA. He has served as chair of the S Corporation and Continuing Legal Education Committees of the ABA Tax Section. He recently served as Chair of the Tax Section’s Special Task Force on Pass-Through Entity Integration. He also was selected by the ABA Tax Section as a member of a select group of nationally recognized tax experts to serve on the Special Task Force on Transfer Tax Reform. The Task Force’s Report was submitted to Congress and the Bush Administration, who requested a “white paper” for evaluating the impacts and problem areas of a permanent repeal of the estate tax. August is a long-standing selectee of The Best Lawyers in America® in the areas of taxation and estates and trusts.

Maxfield, a Professor of Law, Emeritus, of the esteemed New York University School of Law, Graduate Program in Taxation, is recognized as one of the nation’s leading scholars in the area of federal taxation, including federal wealth transfer tax. Many of his students are leading practitioners in top-level law and accounting firms throughout the country. His treatise on Federal Estate and Gift Taxation set the standard for the profession and has also been cited in Supreme Court decisions. Professor Maxfield is a member of the Board of Editors and Advisors for the Tax Law Review (published by the NYU Graduate Tax Law Program) and The Review of Taxation of Individuals.

06-22-2007

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