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Successful Verdict For Defendant Product Manufacturer
Bob Gilmartin and Greg Aimonette received a verdict in favor of our client, defendant Intermatic, Inc. Plaintiff State Farm Insurance Company, as subrogee of a homeowner and vehicle owners, alleged that an Intermatic power pack caused a fire and related real and personal property losses.

Plaintiff theorized that certain warnings were required, but not given. A Chicago fire department investigator testified that the fire could have been caused by the product. Plaintiff’s expert electrical engineer testified that warnings regarding the risk of fire should have been given to the consumer who had to make an important electrical connection where plaintiff theorized the fire started.

Bob and Greg adduced evidence that the investigator had not ruled out other possible causes and got the homeowner to admit that he was a sophisticated user who neither read instructions, nor needed a risk of fire warning.

The jury deliberated 34 minutes before returning a verdict in favor of Bob and Greg’s manufacturer.

This trial victory follows two other successful outcomes where subrogated property insurers were convinced to dismiss their lawsuits after Bob and Greg identified evidence during the discovery process that disproved the insurer’s theory of causation.

05-02-2007

Clark Hill Attorney Joseph A. Bonventre to Present "Real Life Stories” Estate Planning Seminar At Henry Ford Village May 15
Clark Hill Attorney Joseph A. Bonventre will present a “real life stories” estate planning seminar for the Henry Ford Village residents on May 15. Bonventre will present real life stories to illustrate the advantages and disadvantages of joint property and methods available to transfer assets upon death, including revocable trusts.

The seminar is presented by Clark Hill PLC and Comerica Bank. Angela Brown, CFP, of Comerica, will also present.

Joseph Bonventre is a member in Clark Hill’s Detroit office, where he practices in the Personal Needs Group. Bonventre has been practicing law for 24 years, and advises individuals on estate planning, probate, charitable planning and trust administration and related tax matters. Bonventre has substantial experience advising individuals and members of closely held businesses on traditional and sophisticated estate planning techniques available to reduce their federal income tax, gift tax, estate tax and generation skipping transfer tax liabilities. He prepares a variety of estate planning documents, including wills, revocable living trusts, irrevocable trusts, family limited liability company agreements, durable power of attorney forms and designation of patient advocate forms.

Bonventre has substantial experience advising members of closely held businesses on succession planning techniques. If a client has charitable intent, he utilizes various charitable planning techniques to accomplish the client’s objectives including charitable remainder trusts, charitable lead trusts, private foundations and planned giving options. If a client has retirement assets, Bonventre educates the client so that he or she can make the appropriate elections and decisions that apply in this complex area of the law. He is uniquely qualified to prepare federal estate and gift tax returns and federal and state fiduciary tax returns. Bonventre has expertise in assisting individuals and fiduciaries of estates and trusts with audits by the Internal Revenue Service and Michigan Department of Treasury. He has been successful in advocating clients' positions before the Internal Revenue Service, Michigan Department of Treasury and the Courts. He handles post-mortem trust administration matters and all types of probate matters, including probate administration, guardianships and conservatorships.

Bonventre earned his B.S. from the University of Detroit and his J.D. from the Detroit College of Law.

05-02-2007

Calfee's Real Estate Group Named One of the "Best of the Best" Law Firms
Calfee has been named as one of the Top 25 Law Firms in Real Estate by Midwest Real Estate News’ “2007 Best of the Best” May issue.

Calfee’s Real Estate group is headed by partner Mara Cushwa and currently has nine attorneys who represent a wide range of clients including developers, investors and syndicators, institutional lenders, individuals and corporate clients in connection with matters related to the acquisition, disposition, construction, development, leasing and financing of real property assets. In addition to conventional purchase, sale, loan and lease transactions, the practice encompasses the formation of investment syndications, joint ventures and tax advantaged investment arrangements, the structuring of synthetic leases and tax-deferred exchanges and the representation of clients in complex multi-site and multi-state transactions.

05-02-2007

Thomson Financial: Thacher Proffitt Named Top Issuer Counsel
Thacher Proffitt was named Top Issuer Counsel in Thomson Financial's first quarter 2007 league tables with US$69.9 billion in proceeds on 126 issues. Thacher Proffitt also ranked as follows:

Ranked by deal size:

* #1 for US Debt, Equity & Equity-related - Issuer Legal Advisor
* #1 for US Straight Debt - Including MBS, ABS - Issuer Legal Advisor
* #1 for US Asset-backed Securities - Issuer Legal Advisor
* #2 for US Mortgage-backed Securities - Manager Legal Advisor
* #2 for US Straight Debt - Including MBS, ABS - Manager Legal Advisor
* #3 for US Asset-backed Securities - Manager Legal Advisor
* #3 for US Debt, Equity & Equity-related - Managers Legal Advisor
* #5 for US Mortgage-backed Securities - Issuer Legal Advisor

Ranked by number of issues:

* #1 for US Debt, Equity & Equity-related - Issuer Legal Advisor
* #1 for US Straight Debt - Including MBS, ABS - Issuer Legal Advisor
* #1 for US Asset-backed Securities - Issuer Legal Advisor
* #2 for US Debt, Equity & Equity-related - Manager Legal Advisor
* #2 for US Asset-backed Securities - Manager Legal Advisor
* #2 for US Mortgage-backed Securities - Manager Legal Advisor
* #2 for US Straight Debt - Including MBS, ABS - Manager Legal Advisor
* #5 for US Mortgage-backed Securities - Issuer Legal Advisor

05-02-2007

Pooley & Oliver Joining Morrison & Foerster
Morrison & Foerster LLP announced that leading Silicon Valley intellectual property attorneys James Pooley and L. Scott Oliver have joined the firm.

Mr. Pooley and Mr. Oliver join Morrison & Foerster’s Palo Alto office as partners, bringing with them two partners and four associates from Pooley & Oliver LLP, where they worked following their departure from Milbank, Tweed, Hadley & McCloy in January 2006.

“This is an A-list intellectual property practice, with outstanding trial experience that meshes very well with our IP platform,” said Keith Wetmore, Chair of Morrison & Foerster.

Harold McElhinny, co-chair of the firm’s intellectual property practice, added, “We've wanted to practice together for some time, and we could not be happier to have them on board. They are a team of outstanding lawyers who share our values and understand what it means to deliver world-class legal services.”

Mr. Pooley is widely regarded as one of the leading trial lawyers in the U.S., with successes in patent, trade secret, copyright, and technology-related disputes in state and federal courts and before the International Trade Commission. He is currently president of the Inventors Hall of Fame and later this fall begins a one-year term as president of the American Intellectual Property Lawyers Association, a membership group of 17,000 IP lawyers in private and corporate practice, as well as in government and academia.

Mr. Pooley has practiced in Silicon Valley since 1973, establishing a national reputation in high-profile cases involving intellectual property. His successful defense of Adobe Systems was chosen by the National Law Journal as the only IP case among its Top Defense Verdicts of 1997. A record settlement for ESS Technology in a software copyright case led to his being honored as a 2003 Lawyer of the Year by California Lawyer Magazine. Other clients he has represented in large-claim IP cases include AT&T Wireless Services, United Microelectronics Corp., Magma Design Automation and Hewlett-Packard Corp.

Mr. Pooley is also known for his work in trade secret matters. He authored a definitive 720-page treatise on the subject, Trade Secrets, published in 2001 by Law Journal Seminars Press, and has written extensively on trade theft issues for more than 25 years, including an earlier work entitled The Executive’s Guide to Protecting Propriety, Business Information and Trade Secrets (Probus Publishing, 1987).

“We are extremely pleased to be a part of one of the world’s elite, cross-discipline intellectual property practices,” said Jim Pooley. “We have the ability to access a full suite of top-notch IP and corporate legal services our clients demand.”

In addition to Mr. Pooley, joining Morrison & Foerster as partners are L. Scott Oliver, Kimberly Van Voorhis, and Marc Peters.

Mr. Oliver handles patent, copyright, and complex technology cases. He has practiced with Mr. Pooley for the last seven years. Mr. Oliver’s litigation work has spanned a wide range of technologies, including digital content distribution (he was involved in both the Napster and MP3.com cases), telecommunications switching, video-on-demand systems, host software processing modems, hard disc drive motor technology, video gaming software, optical networking, flash memory products, and software for rendering computer and printer typefaces. Mr. Oliver received his J.D., magna cum laude, from the University of San Diego, and his A.B., cum laude, from Harvard University.

Ms. Van Voorhis’ practice focuses primarily on the trial of patent, trademark, copyright, and complex technology-related cases in state and federal courts, as well as before the International Trade Commission and the Trademark Trial and Appeal Board. Ms. Van Voorhis received her J.D. from Loyola Law School in Los Angeles, and her B.S. from the University of California, Irvine.

Dr. Peters concentrates his practice on litigation involving a wide variety of information technologies including optoelectronic transceivers, synchronization software, notebook computers, modems, and semiconductors. Dr. Peters holds a Ph.D. in physics from the University of California, Berkeley, and is the co-author of more than 100 papers in the area of particle physics. Dr. Peters received his J.D., with distinction, from Stanford University, and his A.B. in physics, magna cum laude, from Harvard University.

Mr. Pooley graduated from Columbia School of Law as a Harlan Fiske Stone Scholar, and received his B.A., with honors, from Lafayette College.

The associates joining Morrison & Foerster from Pooley & Oliver are David Alban, Diana Luo, Katherine Nolan-Stevaux, and Dara Tabesh.

05-02-2007

HOWREY RENFORCE SON EQUIPE CONTENTIEUX / ARBITRAGE A PARIS
Howrey annonce l’arrivée dans son bureau parisien de Jean de Hauteclocque, spécialisé en arbitrage et contentieux complexes.

Inscrit au Barreau de Paris depuis 1979, Jean de Hauteclocque était depuis 2003 associé fondateur du cabinet Hauteclocque Larroumet & Associés. Auparavant, il a été responsable du département contentieux du cabinet Freshfields (Paris) de 1988 à fin 1999 et responsable du département contentieux judiciaire et arbitral du cabinet Lovells (Paris) de 2000 à novembre 2003.
Fin 2003 il crée un cabinet avec le professeur Christian Larroumet.
Spécialisé en arbitrage national et international ainsi qu’en contentieux civils et commerciaux, Jean de Hauteclocque représente une clientèle de grands groupes industriels et bancaires français et internationaux, dans un contexte multi juridictionnel.

Près de deux ans après son implantation en France par le rapprochement avec le cabinet Cousté et Cousté, le cabinet Howrey renforce son équipe française de spécialistes en contentieux et arbitrage et affirme son ambition de développement au niveau européen dans ses trois domaines de spécialités : la propriété intellectuelle, le droit de la concurrence, les contentieux complexes et l’arbitrage. Outre Paris, Howrey est présent à Amsterdam, Bruxelles, Londres et Munich, où il a su attirer les meilleures équipes d’avocats spécialisés dans ses trois domaines, qui accompagnent les clients nationaux et internationaux dans les stratégies contentieuses impliquant une ou plusieurs juridictions.

05-02-2007

Follow-On Biologics: Economic Analysis by Howrey LLP and CapAnalysis Show that Potential Cost Savings Are Much Lower than Anticipated
On behalf of the Pharmaceutical Research and Manufacturers of America (PhRMA), Howrey LLP and CapAnalysis have conducted an economic study of potential costs savings from follow-on biologics. The Howrey and CapAnalysis economic study shows that likely cost savings have been significantly overstated. The study of follow-on biologics was led by Howrey antitrust partner Mike Cowie and CapAnalysis economists Oliver Grawe and Murthy Kambhampaty.

The Howrey LLP and CapAnalysis economic study analyzed two recent reports, by Engel & Novitt – which reported estimated savings of $14.1 billion over 10 years – and Express Scripts – which reported an estimated savings of $71.2 billion over 10 years, finding that both dramatically overstated the 10-year cost savings for follow-on biologics. In the economic study, Howrey and CapAnalysis estimated savings to be $2 billion and $2.8 billion respectively.

The Howrey LLP and CapAnalysis economic study documents some major errors in the prior research used by both studies and shows how these errors lead to an enormous overestimation of projected cost savings associated with follow-on biologics over a 10-year period. The flaws range from reliance on inaccurate and outdated data, basic arithmetic errors, lack of recognition of the unique economic dynamics of the biologics market and a failure to account for existing competition and innovation.

Copies of the Howrey LLP and CapAnalysis Economic Study can be obtained using the link located at the bottom of this page.

05-02-2007

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