Law Firm News

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Law Firm News

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Kelley, Drye & Warren, LLP

Kelley Drye Wins Dismissal of Former Executive's Lawsuit and Arbitration Proceeding Against Advanced Interactive Sciences
Kelley Drye won the dismissal of a lawsuit brought by a former executive of Advanced Interactive Sciences (“AIS”), a leading provider of intuitive voice recognition solutions to the direct marketing industry. The former executive claimed that AIS terminated him without cause and that, as a result, AIS owed him monetary compensation, including future commissions. Kelley Drye originally obtained a stay of the lawsuit, which was filed in state court in Tampa, Florida, and had the case referred by court order to the American Arbitration Association (“AAA”). On behalf of AIS, Kelley Drye answered the complaint and filed a counterclaim in the arbitration proceeding before the AAA.

AIS contended that it had no liability for the termination and did not owe the former executive anything, based on the legal doctrine known as the "after acquired evidence rule.” Under the legal doctrine, a company may not be held liable for the termination of an employee under circumstances where the company had not known about the worker's background during the interview. Applying that doctrine here, Kelley Drye argued that the former executive would never have been hired given facts concerning his background that were determined by AIS after his termination and after he brought his lawsuit. His background included a $1 million federal fraud judgment outstanding in Alabama, which Kelley Drye uncovered.

Kelley Drye persuaded the former executive to stay the arbitration proceeding and submit the dispute to non-binding mediation. As a result of the mediation, the former executive recognized the strength of AIS’ arguments and the weakness in his own claims against the company and agreed to dismiss the lawsuit and the arbitration proceeding with prejudice and without receiving any money from AIS.

06-01-2007

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Hunton & Williams, LLP

Conrad off Bush's list for appeals, Charlotte Observer (North Carolina)
President Bush has shortened his list of possible judged for the U.S. 4th Circuit Court of Appeals in Richmond and is no longer considering Charlotte lawyer Bob Conrad.

Hunton & Williams partner Ken D. Bell, who was second in charge of the U.S. Attorney's Office when Conrad was the chief federal prosecutor for Charlotte and the Western District of North Carolina commented on the decision, saying: "I don't understand. He's exactly who ought to be up on the court on appeals. He obviously loves being the chief district court judge. He was looking forward to possibly serving on the fourth circuit. But it's not like he doesn't want to be where he is. He's got a good position."

Bell, whose practice focuses on white collar criminal matters, internal and government investigations, is a partner in the Charlotte office of Hunton & Williams.

06-01-2007

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Godfrey & Kahn

GODFREY & KAHN SHAREHOLDER APPOINTED TO BOARD OF THE STATE BAR OF WISCONSIN’S LABOR & EMPLOYMENT SECTION
Godfrey & Kahn, S.C. is pleased to announce the election of attorney Jon E. Anderson to the Board of Directors of the State Bar of Wisconsin’s Labor & Employment Section.

Anderson chairs Godfrey & Kahn’s Labor & Employment Practice Group and represents management in public and private sector human resources and employment law matters. He has written several articles, co-authored a book and frequently speaks at educational seminars on a variety of employment and education law matters.

Anderson received his bachelor’s degree in Behavioral Science and Law from the University of Wisconsin – Madison and his law degree from Marquette University Law School where he was admitted to Alpha Sigma Nu, the National Jesuit Honor Society.

06-01-2007

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Gibbons P.C.

Gibbons Joins Am Law 200 Recognized as leading law firm in the nation by The American Lawyer
For the first time in its 81 year history, Gibbons has joined the Am Law 200, a prestigious list of the nation’s leading law firms that is published annually by The American Lawyer. The Am Law 200 is based on gross revenues and other data, which is provided by law firms throughout the nation and then investigated by reporters at American Lawyer Media’s publications throughout the United States.

“Joining the Am Law 200 is an important milestone for our firm,” stated Patrick C. Dunican, Jr., Managing Director of Gibbons. “Over the past three years, we have increased the firm’s revenues by $30 million and profits by 100%, while organically growing the firm by 60 lawyers and opening and expanding the firm’s newest office in Philadelphia - which now boasts 40 lawyers.

06-01-2007

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Fisher & Phillips LLP

Fisher & Phillips Appoints Clarence Belnavis as Managing Partner in Portland
Fisher & Phillips LLP announced that Clarence Belnavis has been appointed Managing Partner in the firm’s Portland office. Mr. Belnavis has helped build the firm’s practice in the Northwest where he has been recognized as an "Oregon Super Lawyer," has been named to Portland’s “Top Forty Under 40,” and is listed in Chambers USA, America's Leading Business Lawyers 2006. He is admitted to the Bars of Oregon and Washington.

Firm Chairman Roger Quillen said, “Clarence has displayed the leadership skills that make law firms successful. He has the proven ability to attract new clients, to provide superior services to clients, and to groom young attorneys. It is exciting for Fisher & Phillips to have such a highly-skilled attorney ready to step into this important role for us.”

Mr. Belnavis added, “I am fortunate to be working with some of the finest labor and employment attorneys not only in the Northwest, but in the United States. The Portland office is rich with talent and experience and I look forward to serving my colleagues.”

Mr. Belnavis has exhibited leadership outside the firm as well. He has served as the president of both the Oregon Chapter of the National Bar Association and the Association of Oregon Black Lawyers. He is a member of the Owen M. Panner Chapter of the American Inns of Court and a former coach of the Jefferson High School (Portland, OR) Mock Trial Team.

Mr. Belnavis has substantial experience handling various types of employment litigation including disability, racial, and gender discrimination; retaliation; sexual harassment; and wrongful discharge. He also represents employers in wage and hour claims, employment class actions and traditional labor matters. He began his legal career serving as a law clerk in the Office of the General Counsel for the Department of the Navy, and he served as a judicial intern for Judge A. Burnett, Superior Court, Washington, D.C.

He earned his law degree in 1994 from Howard University School of Law and a B.A. from Florida Atlantic University in 1991.

Mr. Belnavis follows Corbett Gordon, the founding partner of the Fisher & Phillips Portland office. Ms Gordon has transitioned to Senior Counsel. In that position, she continues to provide counsel to a wide array of clients and she is a frequent speaker both regionally and nationally on labor, employment, and human relations topics.

06-01-2007

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Briggs and Morgan, Professional Association

Briggs Congratulates WelshInvest on First Detroit Acquisition
Briggs and Morgan acknowledges the most recent accomplishment of WelshInvest LLC, a Twin Cities-based real estate investment company and client of the firm, in making an entrance into the Detroit, Michigan, industrial real estate market with the acquisition of five Class A buildings. WelshInvest LLC is an affiliate of Welsh Companies LLC.

The acquisition consists of nearly 1.4 million square feet and a 22-acre parcel of land located in Romulus, Michigan, a Detroit suburb. The open land will be developed as a build-to-suit property, according to Ben Applebaum, vice president of acquisitions.

Welsh’s Detroit transaction was handled by members of Briggs’ financial institutions and real estate group, including Steve Ryan, Dan Cole, Dan Van Dyk and John Brennan, and by Andrea Bond, Alec Sherod and Wendy Berklich of the firm’s business law section.

Welsh Companies LLC is a full-service commercial real estate company headquartered in the Twin Cities with regional offices in Minneapolis and St. Paul; Chicago, Illinois and St. Louis, Missouri. The Welsh organization consists of more than 300 professionals whose expertise extends into every aspect of commercial real estate, including office, industrial and retail brokerage; corporate services; property management; facility management; construction; community development services; architecture; development; mortgage banking; and investment services. The brokerage division, NAI Welsh, is an affiliate of New America International (NAI), a multinational network of skilled commercial real estate professionals strategically located in 300 markets worldwide.

06-01-2007

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Wiley, Rein & Fielding, L.L.P.

Wiley Rein Clients Mylan and Esteve Win Significant Patent Infringement Dispute
Mylan Laboratories Inc. (NYSE: MYL) announced today that the United States District Court for the Southern District of New York has ruled that Mylan's 10 mg and 20 mg omeprazole delayed-release capsules, which are the generic versions of AstraZeneca LP's Prilosec®, do not infringe patents asserted against it by AstraZeneca. The Court also found that omeprazole products from Apotex and Impax do infringe the same patents asserted against Mylan.

Mylan launched its omeprazole products on August 4, 2003 despite the patent infringement litigation, which at the time was unprecedented in the generic pharmaceutical industry. Robert J. Coury, Mylan's Vice Chairman and Chief Executive Officer commented: “This was another in a long line of Mylan firsts and we are pleased to have prevailed in the litigation. Our decision to launch at risk has resulted in significant savings to consumers around the country that have had access to a lower cost generic version of this important product while this lawsuit continued over the last three and a half years.”

Mylan Laboratories Inc. is a leading pharmaceutical company with three principle subsidiaries, Mylan Pharmaceuticals Inc., Mylan Technologies Inc. and UDL Laboratories Inc., and a controlling interest in Matrix Laboratories Limited, India. Mylan develops, licenses, manufactures, markets and distributes an extensive line of generic and proprietary products.

06-01-2007

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