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Lieff, Cabraser, Heimann & Bernstein, L.L.P.

Consumers File Nationwide Class Action Against Advanced Medical Optics Seeking Reimbursement for Their Purchase of Recalled Contact Lens Solution
The law firms Lieff Cabraser Heimann & Bernstein, LLP, and Moscone, Emblidge & Quadra, LLP, announced today that Alexis Degelmann and Joseph Lin filed the first nationwide consumer class action lawsuit against Advanced Medical Optics, Inc. ("AMO") seeking reimbursement for their purchases of Complete MoisturePlus Multi-Purpose Solution. Degelmann and Lin, both residents of Northern California, purchased and used Complete MoisturePlus Multi-Purpose Solution to disinfect their contact lenses. The class action lawsuit was filed in federal court in San Francisco.

"AMO aggressively marketed Complete MoisturePlus Multi-Purpose Solution as an effective contact lens disinfectant that doctors recommended," stated Wendy R. Fleishman, a partner at Lieff Cabraser. "This advertising campaign was false. Users of AMO’s recalled solution, according to government health officials, carry a seven-fold increased risk of developing an extremely painful infection of the cornea that can lead to blindness."
"The complaint charges that when AMO introduced its contact lens solution to the national market," explained James A. Quadra, a partner at Moscone, Emblidge & Quadra, "it was aware of studies showing that the disinfectant in its solution was inferior to other solutions. AMO owes consumers nationwide a full refund equal for their purchases of its product."

Joseph Lin, one of the plaintiffs in the nationwide class action lawsuit, said, "I thought the solution I was buying was the best on the market. I didn’t know that it could damage my eyes."

On May 25, 2007, the Food and Drug Administration alerted health care professionals and their patients who wear soft contact lenses about a voluntary recall of AMO’s Complete MoisturePlus Multi-Purpose. The recall was undertaken because of reports of a link between a rare, but serious eye infection, Acanthamoeba keratitis, caused by a parasite and use of AMO’s contact lens solution.

The Complaint charges that AMO’s contact lens solution was ineffective in preventing the growth of protozoa microorganisms, including "acanthameoba." The protozoa acanthameoba are directly associated with a disproportionate risk and increased incidence of Acanthamoeba keratitis in users of contact lens solution products. The infection can be chronic, resistant to treatment, and require surgical interventions. It also can lead to blindness.

The class action lawsuit has been filed on behalf of all purchasers throughout the U.S. who brought the AMO solution from June 2003 to the present. Plaintiffs seek the return of all payments they made to AMO for its solution.

06-13-2007

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Munsch Hardt Kopf & Harr, P.C.

Munsch Hardt Attorneys Persuade Federal Judge to Declare State Statute Unconstitutional
Attorneys of Munsch Hardt Kopf & Harr, P.C., successfully argued a constitutionality issue before Federal Court Judge Lynn of the U.S. Bankruptcy Court in the Northern District of Texas. Their efforts resulted in an opinion that declares a state statute unconstitutional, a ruling that could have consequences for litigators and courts statewide.

The case, Cadles of Grassy Meadows II v. Goldner et al., arose out of a note and deed of trust the Goldners guaranteed in 1985. Munsch Hardt represented the Goldners, New York residents. The debtor on the note defaulted in 1988 and the bank, which was in RTC receivership at the time, foreclosed on its deed of trust. After applying the proceeds from a foreclosure sale, there was a balance due and owing of approximately $1.4 million. The bank proceeded to obtain a default judgment against the Goldners in 1994 for approximately $1.4 million plus interest and attorney's fees. The FDIC then sold the judgment to another party who eventually sold the judgment to Cadles. Cadles initiated collection actions in New York in 2004. At that point the judgment had grown to approximately $4.4 million. Because the judgment had gone dormant under Texas law at the time Cadles tried to collect, the New York Court sent the parties back to Texas to revive the judgment. In the action to revive the judgment, the Munsch Hardt team argued that the judgment should be vacated as to the Goldners because of defects in service. The record revealed that they served the wrong David Goldner and that the Service of Process for Mr. Goldner was returned with a notation of no such address. After four hearings and mountains of briefs and evidence, the Dallas County District Court vacated the judgment as to the Goldners.

Once the Dallas County District Court vacated the judgment, Cadles filed a new lawsuit against the Goldners seeking to collect on the original instruments and guaranties which at that point were nearly 20 years past due. Cadles argued that limitations would not bar its claims because Texas Civil Practice and Remedies Code Section 16.063 tolls limitations anytime the defendant leaves the state. The Munsch Hardt team removed the case to Federal Court under diversity jurisdiction and then filed a motion for judgment on the pleadings arguing that Section 16.063 was unconstitutional under the U. S. Constitution because it imposed an impermissible burden on interstate commerce and the power to affect interstate commerce legislatively is expressly reserved for Congress. Munsch Hardt supported the argument with the U.S. Supreme Court's opinion in Bendix Autolite Corp. v. Midwesco Enters., Inc., 486 U.S. 888 (1988) and the cases that have followed Bendix. After briefing was completed, Judge Lynn issued an order inviting the Texas Attorney General to intervene and to submit briefing, which he did.

On June 12, 2007, Judge Lynn struck down Section 16.063 as unconstitutional as applied to the Goldners under the U.S. Constitution. Section 16.063 in some form or fashion had been a law in this state since 1841.

06-13-2007

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Hunton & Williams, LLP

Hunton & Williams' Atlanta IP Group Continues Local Expansion
Hunton & Williams LLP today announced that Robert H. G. Lockwood and Eric J. Hanson, former partners at Smith, Gambrell & Russell, LLP, have joined the firm's Atlanta intellectual property practice as partners. These additions continue the expansion of the firm’s Atlanta IP team, which has doubled in size over the last year. Nationally, Hunton & Williams' IP practice is ranked as one of the best in the country by Fortune and IP Law & Business.

Kurt Powell, managing partner for the firm's Atlanta office, said, "We're excited to have Eric and Robert join our nationally recognized IP practice. Their extensive experience in patent, trademark, technology and licensing matters position our Atlanta office for several immediate opportunities."

"Our IP practice in Atlanta is on the move," added Brian Buroker, head of the firm's intellectual property practice group. "We recently added four patent lawyers in Atlanta and expect to double the size of the current Atlanta IP roster." "Robert and Eric add to our depth of IP talent and offer our firm the privilege of working with their impressive clients."

Hunton & Williams' clients have access to more than 100 IP attorneys and professionals with diverse legal and technical backgrounds, throughout the firm. Lockwood and Hanson's client roster include leading biotechnology, software, technology, direct advertising and e-commerce companies.

Robert H. G. Lockwood
Lockwood specializes in representing clients with prosecution, protection and licensing matters involving trademarks, trade dress, copyright, trade secrets and internet domain issues. He has extensive experience assisting clients in evaluating and auditing intellectual property portfolios, and formulating strategic approaches for the licensing and enforcement of intellectual property rights. He represents a number of clients in all different industries seeking comprehensive trademark and franchising strategies, and counseling on internet-related issues. A member of the Georgia, Washington, D.C. and Pennsylvania State Bars, Lockwood is also a member of the International Trademark Association and is a speaker at the Advanced Technology Development Center. He earned his undergraduate degree in political science from the College of William & Mary and law degree from Widener University, where he served as a member of the Moot Court team.

Eric J. Hanson
Hanson's practice concentrates on domestic and international intellectual property management, and monetization strategies including the protection of patents, trademarks, copyrights and domain names and trade secrets. He represents a number of clients in the chemical, life sciences and software industries seeking patent protection for cutting-edge technologies. Hanson is registered to practice before the U.S. Patent and Trademark Office and is a member of the State Bar of Georgia. He earned his undergraduate degree from Vanderbilt University and law degree, magna cum laude, from Tulane Law School, where he was Order of the Coif and served as a managing editor of the Tulane Law Review.

06-13-2007

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Taft Stettinius & Hollister LLP.

Steve Jett Appointed to Board of Directors
Steve Jett, a partner in Taft's Cleveland office, has been appointed to the Board of Directors for the Federal Bar Association, Northern District of Ohio Chapter. A brief article with Steve's biography is available on the chapter's home page.

06-13-2007

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Taft Stettinius & Hollister LLP.

Greg Bee Elected to Board of Building Blocks Foundation
Greg Bee, an associate in Taft's Cincinnati office, has been elected to the Board of Directors of the Building Blocks Foundation. Building Blocks is a non-profit organization that provides financial support to children with medical needs and their families.

06-13-2007

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Secrest, Wardle, Lynch, Hampton, Truex and Morley

OCBA's 2006-2007 Professionalism Award
"At the Oakland County Bar Association's 73rd Annual Meeting, William P. Hampton was the sole recipient of the 2006-2007 Professionalism Award.

This award was established by the OCBA as part of its ongoing campaign to reinforce and illustrate the importance of civility, professionalism and adherence to the fundamental values of the legal profession. A recipient is a member who exemplifies the highest standards of professionalism and/or judicial practice."

06-13-2007

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Shipman & Goodwin LLP

Shipman & Goodwin Attorney Named to the Board of the Bushnell Park Foundation
Shipman & Goodwin attorney Princess V. Wiggins has been named to the Board of Directors of the Bushnell Park Foundation following a unanimous vote earlier today. Founded in 1981, the Bushnell Park Foundation is a non-profit organization dedicated to preserving and maintaining America’s first public park and to fostering greater public awareness and appreciation of its many assets.

A native of Hartford, Miss Wiggins attended Spelman College in Atlanta, GA, where she graduated magna cum laude, and Howard University School of Law in Washington, DC. She is currently a mentor with Career Beginnings and the Lawyer’s Collaborative for Diversity, a tutor with the Shipman & Goodwin/Wish Elementary School Tutorial Program, and a Board member of Young Audiences of Connecticut. Miss Wiggins is also an active member of St. Monica’s Episcopal Church in Hartford.

06-13-2007

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