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Charges Dismissed Against Perkins Coie Pro Bono Client Salim Hamdan
In a move that has once again exposed the legal deficiencies of the plan to try detainees before military commissions at the Naval Base in Guantanamo Bay, Cuba, a military judge on Monday dismissed criminal charges against Perkins Coie pro bono client Salim Ahmed Hamdan. This is the second historic decision that U.S. courts have made in Hamdan's favor in the past year. Last summer, the U.S. Supreme Court ruled in Hamdan v. Rumsfeld that the military tribunals established by the Executive Branch to try persons held at Guantanamo are not authorized by Congress and violate both domestic and international laws, including the laws of war and the Geneva Conventions. In the wake of that decision, Congress enacted the Military Commissions Act, which authorized tribunals for "unlawful enemy combatants."

The Perkins Coie defense team, along with U.S. Navy Lt. Cmdr. Charles Swift, Hamdan's appointed military lawyer, argued that their client was designated not an "unlawful enemy combatant," but rather only an "enemy combatant," by a Combatant Status Review Tribunal in October 2004. Therefore, they argued, the military commission did not have jurisdiction over his trial and the case should be dismissed. The military judge, Navy Captain Keith Allred, agreed and dismissed the charges due to lack of personal jurisdiction. Prosecuting attorneys have indicated that they plan to move for reconsideration. The court to which they might later appeal the judge's ruling has yet to be created. Meanwhile, Hamdan remains in custody at the Naval Base in Cuba. Earlier in the day, another military judge made a similar ruling in the case of the only other Guantanamo detainee to be charged, Omar Khadr.

"This is a significant ruling for at least two reasons," said Joe McMillan, a Perkins Coie partner on the Hamdan team. "First, the court rejected the Government's contention that a finding of 'unlawful' combatant status can be made applicable to all members of a given group by Executive fiat. That is, in our view, a conclusion that follows from a proper reading of the Third Geneva Convention, conforming to both the letter and the spirit of that important instrument. But it is a reading which up to this point our Government has vigorously resisted. Second, the fact that two military judges reached the same conclusion on this jurisdictional issue suggests, at least to me, that the professionals within our military justice system are not at all comfortable with the commission scheme that was hastily erected in the aftermath of the Supreme Court's Hamdan decision. These judges are holding that scheme to the high standards of American justice in the best tradition of the JAG Corps, and they have correctly found that it does not measure up."

06-07-2007

Joshua Hasko Joins Messerli & Kramer P.A.
Messerli & Kramer P.A. is pleased to announce that Joshua A. Hasko has joined the firm's Litigation Group, practicing in the area of business litigation.

Josh represents individuals and companies in business and commercial disputes, including litigation of business torts, breach of contracts, creditor remedies, shareholder claims, and Uniform Commercial Code matters.

Josh has been recognized as a "Rising Star" by Minnesota Law & Politics magazine for the past four years. He earned his Bachelor of Arts degree from the University of Wisconsin, Madison and received his juris doctor, cum laude, from William Mitchell College of Law.

Josh is a member of the Federal, Minnesota, and Hennepin County Bar Associations and serves on the Steering Committee of the Twin Cities Cardozo Society.

Prior to joining Messerli & Kramer, Josh was a partner in the litigation department of Rider Bennett, LLP.

06-07-2007

MGB Bolsters Patent Prosecution With Addition of Jeffrey Canfield
Marshall, Gerstein & Borun welcomes Jeffrey H. Canfield as of counsel. Joining from Brinks Hofer Gilson & Lione, Canfield’s practice will focus on patent prosecution, emphasizing electronics, electrical devices and computer software applications. He will also assist clients with licensing and business transactions.

“Jeff’s extensive experience in non-infringement and invalidity matters, coupled with his knowledge in a wide range of technologies, make him an ideal addition to the firm,” said Jeff Sharp, managing partner of Marshall, Gerstein & Borun. “His ability to genuinely understand our clients’ areas of work is invaluable as is the case with so many of our attorneys.”

Canfield focuses in several areas including semiconductor devices, electronic circuits, wireless communications systems and information systems and business processes. He assists companies with intellectual property asset management, including competitive patent portfolio review and analysis, strategic planning, standards review and licensing issues.

Previously, Canfield served as patent counsel for Methode Electronics. Prior to that, he was senior project engineer for Littell International.

Canfield received his J.D. from John Marshall Law School (1993) and his B.S. in electrical engineering from Michigan Technological University (1986). He is registered to practice before the U.S. Patent and Trademark Office.

06-07-2007

Kramer Levin Is One of 15 Firms Listed in Both Growth and Blue Chip Company Rankings in The American Lawyer
"Kramer Levin is one of only 15 firms that have top rankings in both ""Growth"" and ""Blue Chip"" companies in ""The Investor's Guide to the Am Law 200."" In its June issue The American Lawyer rated top law firms as ""growth"" companies and ""blue chip"" companies. Three metrics were used to decipher those top firms that had shown attributes of productivity and value of work to clients, or ""growth"" over the past five years, and similar metrics to assess consistency of high performance and staying power. Kramer Levin performed well on both charts and outmatched its peers on both measures.

According to the article: “It’s difficult to perform well on both charts. But given the choice, an investor--or potential recruit-- might choose to buy into that select group of firms that, since 2002, have outperformed their peers on both measures....Inquiring minds will seek the common element in their success. It’s not age or status: There are new firms and old ones alike. It’s not head count growth: There are net gainers and losers in this rarefied company. All have the market-leading practice areas and the discipline to find new opportunities that promise similar rewards. Clearly it’s not an easy feat to master."

06-07-2007

Kramer Levin and Jeremy Cohen Award Over $12,000 in Scholarships to Legal Outreach Grads
"Kramer Levin and litigation associate Jeremy Cohen teamed up to award over $12,000 in college scholarships to five graduates of Legal Outreach, Inc.'s College Bound program. Legal Outreach is a non-profit educational organization operating principally in Harlem and Brooklyn. Its goal is to prepare public high school students from under-served communities in New York City for college and professional careers, largely by helping them develop ""legal"" skills such as public speaking, persuasive writing and critical thinking through an intensive after-school, weekend and summer program. Kramer Levin provides an annual summer internship for Legal Outreach students, has seen many of its associates serve as mentors for individual students, and has endowed annual scholarships for program graduates given in memory of Marvin Frankel.

This year's scholarships were presented at Legal Outreach's graduation ceremony on June 6, 2006 at the Cathedral of St. John Divine. The awards were presented to Lusdymer Pichardo (who will be attending Yale University in the fall), Diane Lopez (Middlebury College), Jenny Zhu (Haverford College), Kareem Clark (Lafayette College) and Carlos Cardona (SUNY-Binghamton).

Legal Outreach and the five scholarship recipients thank Kramer Levin for its continuing support."

06-07-2007

Cozen O’Connor Attorney Margaret Thompson Appointed to Pennsylvania Supreme Court Procedural Rules Committee for the Orphans’ Court
Cozen O'Connor member Margaret Thompson has been appointed to the Pennsylvania Supreme Court Procedural Rules Committee for the Orphans’ Court. This Pennsylvania Supreme Court committee responds to developments in orphans' court procedure, reviewing current rules governing statewide practice and procedure in the orphans' court, and recommending new rules as necessary.

Resident in the Philadelphia office and chair of the firm’s trusts and estates group, Thompson provides expert advice regarding tax and estate planning to high-net worth individuals and charitable organizations, and counsels family-owned businesses regarding the development and implementation of business succession plans. Thompson also advises clients in matters involving litigation in the Orphans’ Court.

Thompson is a member of the American, Pennsylvania, and Philadelphia bar associations. She is a Fellow of the American College of Trust and Estate Counsel for which she serves on the Asset Protection Committee. She is Vice Chair of the Probate and Trust Law Section of the Philadelphia Bar Association, and a member of the Section's Rules and Practice Committee. Thompson served on the 2007 Commission on Judicial Selection and Retention of the Philadelphia Bar Association.

Thompson was named a Pennsylvania "Super Lawyer" for 2004, 2005, 2006 and 2007, and was among the top 50 female lawyers in the 2004 blue ribbon review processes for this selection. She was selected for inclusion in the 2006 and 2007 editions of The Best Lawyers in America and recently authored, "Where We Were and Where We Are in Family Limited Partnerships," The Legal Intelligencer, Aug. 1, 2005. She has lectured on a variety of estate planning topics.

Thompson has served on the board of directors of the Mental Health Association of Southeastern Pennsylvania. She is also a member of the Pennsylvania Children's Behavioral Health Taskforce. In addition, Thompson is a volunteer with Philadelphia Volunteers for the Indigent Program, Homeless Advocacy Project, Aid for Friends, and is a member of the Class of 2000 of Leadership, Philadelphia. She teaches religious education at her parish church, and has served on the parish Pastoral Council.

A resident of Wyndmoor, Pa., Thompson received her undergraduate degree from The Pennsylvania State University (B.S., magna cum laude, 1974), her graduate degree from Ohio State University (M.A., magna cum laude, 1979) and her law degree from Temple University James E. Beasley School of Law (J.D., magna cum laude, 1989), where she served as executive editor of the Temple Law Review. Following law school, Thompson clerked for Hon. Anthony J. Scirica, of the U.S. Court of Appeals for the Third Circuit.

06-07-2007

Keith J. Hesse Elected to the Board of Directors of the Orlando Shakespeare Theater
Carlton Fields Orlando shareholder Keith J. Hesse was recently elected to the Board of Directors of the Orlando Shakespeare Theater.

In its nineteenth season, the Orlando Shakespeare Theater has grown into a major regional theater producing bold professional performances, developing new plays, and providing innovative educational experiences that enrich the Orlando community.

Hesse is a member of the Firm’s Business Litigation & Trade Regulation, Insurance, and Real Property Litigation Practice Groups. He has practiced civil litigation in state and federal courts for over 24 years, with particular emphasis on commercial, probate, insurance, and construction litigation. His extensive litigation background encompasses probate and trust matters, business torts, real property disputes, landlord/tenant litigation, employment contracts, insurance issues, and professional and regulatory proceedings. Hesse received his B.A. from the University of Florida in 1979 and his J.D. from the University of Michigan College of Law in 1982.

06-07-2007

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