Law Firm News

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Law Firm News

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Fitch, Even, Tabin & Flannery

FETF Client Chamberlain Defeats Motion to Stay Preliminary Injunction Pending Appeal
The United States Court of Appeals for the Federal Circuit denied a motion by Lear Corporation to stay a preliminary injunction entered by Judge James B. Moran of the United States District Court for the Northern District of Illinois in favor of FETF client, The Chamberlain Group, Inc., the nation's leading garage door opener manufacturer, and co-plaintiff Johnson Controls Interiors, LLC.

Chamberlain and JCI sued Lear for infringement relating to patented technology for controlling garage door operators under Chamberlain’s U.S. Patent No. 6,154,544. Following extensive briefing and patent claim construction proceedings, the district court granted a motion for preliminary injunction filed by Chamberlain and JCI in a March 30, 2006 opinion and order. The court entered the preliminary injunction in an April 25, 2006 order enjoining Lear from making, using or selling its accused device (although permitting Lear to continue to make deliveries for certain vehicle programs currently incorporating the accused device). As part of its order in support of the preliminary injunction, the district court found that Chamberlain and JCI established a strong likelihood that Lear’s device infringed Chamberlain’s patent and that the infringement is causing irreparable harm to Chamberlain and JCI.

The Court of Appeals for the Federal Circuit, in denying Lear’s motion for a stay of the preliminary injunction pending appeal, found that Lear failed to meet its burden to establish either 1) a strong likelihood of success on the merits, or 2) a substantial case on the merits provided that the harm factors militate in its favor.

06-06-2007

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Le Boeuf, Lamb, Greene & McRae, L.L.P.

LeBoeuf Lamb Establishes Entertainment Practice
LeBoeuf, Lamb, Greene & MacRae LLP has launched a New York-based entertainment practice. The group will be led by L. Londell McMillan, who is joining LeBoeuf Lamb from his own firm, the McMillan Group. Mr. McMillan has represented pop icons Prince, Michael Jackson, Stevie Wonder, and Kanye West, among others. Four other lawyers are joining LeBoeuf Lamb from the McMillan Group, including corporate partner John Quiñones. He was previously the manager of product management law at Teachers Insurance and Annuity Association of America-College Retirement Equities Fund (TIAA-CREF). The group also includes intellectual property counsel Bernard H. Jackson and two associates.

06-06-2007

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Kramer, Levin, Naftalis & Frankel, LLP

Kramer Levin Wins Dismissal of Public Use Challenges to Atlantic Yards Project
On behalf of Forest City Ratner Companies, LLC, Kramer Levin has won dismissal of two consolidated lawsuits challenging the use of eminent domain by the Empire State Development Corporation, a New York State public benefit corporation, to acquire property for the Atlantic Yards project. The project will occupy a 22-acre site near downtown Brooklyn and will include a new arena for the Nets basketball team, sixteen other new buildings, eight acres of publicly accessible open space is intended, and a new rail yard for the MTA and LIRR. About eight acres of the site is occupied by an existing rail yard that will be environmentally remediated, completely rebuilt and covered with a platform on which new buildings and amenities will be constructed.

In a decision dated June 6, 2007, Judge Nicholas G. Garaufis of the U.S. District Court in Brooklyn determined that the project satisfied the Fifth Amendment’s Public Use Clause, and that the plaintiffs’ claims to the contrary were “baseless.” Applying principles articulated by the Supreme Court’s 2005 eminent domain decision in Kelo v. City of New London and its 2007 decision under Rule 12(b)(6) in Bell Atlantic Corp. v. Twombly, the court found implausible the plaintiffs’ assertion that the project’s public benefits were merely pretextual, and that the true purpose of the project was to confer a private benefit on Forest City Ratner. The court observed that the plaintiffs had “concede[d] that the Project will create large quantities of housing and office space, as well as a sports arena, in an area that is mostly blighted,” and that the challenges to the project therefore concerned “only the measure of the public benefit – as opposed to its existence.” The court also dismissed claims under the Equal Protection and Due Process clauses.

Jeffrey Braun, Karen Mintzer, Kerri Folb, Jessica Glass and Kimesha Scarbrough worked extensively on the matter, and Johanna Greenbaum, a summer associate in 2006, did extensive research on public use issues in anticipation of the litigation.

06-06-2007

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Holland & Hart, L.L.P.

Holland & Hart Welcomes Ryan Pace
Holland & Hart welcomes Ryan Pace as a new business attorney to the firm's Salt Lake City office.

Mr. Pace is of counsel focusing primarily on tax matters. His practice includes federal, state, and local tax planning and consulting. He also advises on exempt organizations as well as real estate, international, and other tax matters.

In addition to practicing law, Mr. Pace teaches graduate and undergraduate tax courses as Weber State University. Courses taught include Corporate Taxation, Partnership Taxation, Tax Research & Planning, Exempt Organizations, State and Local Taxation, Advanced Corporate Taxation, International Taxation, Advanced Individual Taxation, and Tax Issues in Business Decisions.

Mr. Pace earned his LL.M. in taxation from New York University School of Law and his J.D. from Washburn University. He also earned a Master of Taxation degree from Arizona State University and a Bachelor of Science degree in finance from the University of Utah.

06-06-2007

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Hodgson Russ LLP

Hodgson Russ partner Ranjana Kadle elected to Buffalo Museum of Science Board of Managers
Ranjana Kadle, practice group leader of Hodgson Russ LLP’s Intellectual Property & Technology Group, has been elected to the board of managers of the Buffalo Museum of Science.

Dr. Kadle practices in all areas of intellectual property with particular emphasis on patent prosecution and related opinion work in the biotechnology and chemical fields and on licensing. Her areas of focus include immunology, pharmaceuticals, diagnostics, therapeutics, veterinary diagnostics, and food chemistry. She actively advises clients on a wide variety of topics related to the development of patent portfolios, including international protection of inventions and due diligence investigations. She lectures frequently on topics related to patents and licensing. Prior to law school, Dr. Kadle was active in scientific research and was awarded post-doctoral fellowships from the National Institutes of Health and American Heart Association. During her graduate and post-doctoral tenure, she published several articles in peer-reviewed journals.

The Buffalo Museum of Science, through collections, research, education, and interpretation, provides opportunities for all people to develop a scientific understanding of the natural and cultural world with an emphasis on the Greater Niagara Region.

06-06-2007

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Moses & Singer LLP

Moses & Singer breaks record in sale of 60 Wall Street
Moses & Singer attorneys Richard Strauss, Jill Lane, Stephen Nahley, Tracie Cohen and Robert Vidoni recently represented firm client Deutsche Bank in the largest real estate transaction ever to occur in downtown New York City: the sale and leaseback of Deutsche Bank's 47 story, 1.6 million square foot North American headquarters at 60 Wall Street. Deutsche Bank sold the building, which it acquired in 2001 from JP Morgan (in a transaction in which Moses & Singer also represented Deutsche Bank), for $1.18 billion to Paramount Group Inc. Deutsche Bank also leased-back the building in the transaction for a 15 year term. The buyer was represented by Willkie Farr & Gallagher, and the first mortgage lender was represented by Skadden Arps.

06-06-2007

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Looney & Grossman LLP

Richard J. Grahn, Esq. was asked to participate in a symposium on Small Craft security issues which will be held on June 19-20 in Washington D.C.
Richard J. Grahn, Esq. was asked to participate in a symposium on Small Craft security issues which will be held on June 19-20 in Washington D.C.

MMTA Member Looney & Grossman, LLP and MMTA's Washington Lobbyist Larry Innis have each been invited to particpate in the Small Vessel Security Summit. This event will focus on assessing and mitigating the potential threat posed by America's 13 million recreational boaters. The results of the summit could have wide ranging implications for how we go boating.

06-06-2007

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