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Robinson & Cole LandLaw Partner Helps High School Students Learn About Real Estate Development
Robinson & Cole LandLaw attorney Michael S. Giaimo visited Boston Latin High School recently to work with high school seniors as part of an Urban Land Institute program that introduces students to urban planning and real estate development concepts.

Michael Giaimo joined other Boston real estate professionals and Urban Land Institute members in the classroom this spring as a facilitator and judge in the "Urban Plan" program. This program engages high school and college students in a simulation exercise where they compete as members of real estate development teams responding to a request for proposals for a mixed use development in a blighted urban neighborhood. The program helps students think about the various perspectives and interests involved in a development project and the public and private, financial and non-financial, considerations that go into making a large scale development successful. Boston Latin High School, Brookline High School and Boston University are participating in the program this year.

05-01-2007

George W. Ash Elected Chair of Foley’s Regulated Industries Department
Foley & Lardner LLP announced today that George W. Ash, a partner in the Detroit office, has been named chair of the firm's Regulated Industries Department.

“George's proven leadership as chair of the firm's Government & Public Affairs Practice has made him a natural fit for this role,” said Foley Chairman and CEO Ralf Boer. “Under his guidance, the firm will continue to implement Foley's plan for expansion of the Regulated Industries Department, which is a key area of growth for the firm.”

As chair, Ash will develop and implement the business and marketing strategies for the Regulated Industries Department, which includes nearly 120 attorneys and professionals. He will spearhead the continued expansion of the firm's Health Care Industry Team, the Energy and Insurance Industry Teams and the Government & Public Affairs Practice.

“Foley has an outstanding national Health Care Industry Team that we plan to expand, and we have seen tremendous growth within our Government & Public Affairs Practice in the last year,” said Ash. “I am excited to lead the Regulated Industries Department into the next phase of development by enhancing existing practices as well as focusing on specialty regulatory areas that strengthen our ability to provide clients with comprehensive, world-class service.”

Ash also leads the firm's Government Procurement Practice and is a member of the Automotive and Nanotechnology Industry Teams. He focuses his practice on government procurement law, counseling clients on the preproposal, proposal, negotiation and performance of the U.S. government prime contracts and subcontracts, and on resolving contract disputes. He has an extensive background in other types of procurements such as grants, cooperative agreements, CRADAs and other transactions, and assists companies with state and municipal contract issues.

A retired United States Air Force (USAF) Lieutenant Colonel, Ash spent his 20 years of active duty as a judge advocate and an associate professor of law at the USAF Academy, serving as assistant general counsel for the Strategic Defense Initiative Program.

Ash earned his juris doctorate from the University of Denver, an LL.M. in international law from the University of London and a bachelor's degree from the United States Air Force Academy.

05-01-2007

Baker & McKenzie Lends Pro Bono Support to UN-Affiliated Legal Empowerment Commission
More than 40 Baker & McKenzie lawyers from seven offices in North America, Europe and Asia are providing pro bono support to the Commission for the Legal Empowerment of the Poor (Legal Empowerment), a global initiative comprised of political leaders and policymakers, hosted by the United Nations Development Programme (UNDP).

Baker & McKenzie has commenced preparing four reports for the Commission’s Working Group on Access to Justice and the Rule of Law, chaired by former Canadian Foreign Minister and Nobel Peace Prize nominee Lloyd Axworthy, under the direction of the Working Group’s Rapporteur, Professor Matthew Stephenson of Harvard Law School. The four report topics are: Legal Identity, Access to Legal Services, Formal and Informal Justice Systems, and Legal Mechanisms for Government Accountability. Some of the issues Baker & McKenzie will address in the reports include: ending legal exclusion; overcoming the lack of legal knowledge and knowledge of the legal system; expanding access to legal services; and improving the quality of justice.

The Working Group is also drawing on the input of non-governmental and grassroots organizations dedicated to access to justice initiatives, and focusing on issues specific to indigenous peoples, women, displaced populations, informal sector associations and labor unions.

Baker & McKenzie’s Project Leaders are Partners Barry Metzger and Robert P. Lewis from New York, with assistance from other report team leaders located in New York, Chicago, Washington, D.C., Miami, and Sydney, Australia.

"It is truly a privilege to work with Legal Empowerment on this project. We hope that through our involvement we will help raise awareness of the legal challenges those in poverty face day-to-day, and assist Legal Empowerment in proposing solutions," said Robert Lewis.

“Baker & McKenzie brings its wide global reach and experience to the table,” Lloyd Axworthy said. “Their knowledge of legal environments in dozens of countries around the world gives them a basis for providing technical input on legal barriers and frameworks for reform. At the end of the day, we hope our efforts will provide some new insights into legal access for the poor, and how to extend legal protections to marginalized populations. ."

Co-chaired by former-U.S. Secretary of State Madeleine Albright and the Peruvian economist, Hernando de Soto, Legal Empowerment is the first global initiative to focus specifically on the link between exclusion, poverty and law. The initiative addresses the needs of the world’s poor by recognizing that poverty causes people to live outside of the rule of law, and to influence developing country governments and donor agencies to invest greater resources in targeted legal reforms to reduce poverty. Its membership consists of many former and sitting senior government officials, academics, and non-governmental organization leaders from both the developed and the developing world such as U.S. Supreme Justice Anthony Kennedy, former President of Ireland and U.N. High Commissioner for Refugees Mary Robinson, former U.S Treasury Secretary and President of Harvard University Lawrence Summers, former President of Mexico Ernesto Zedillo, Chancellor of the Exchequer for the UK Gordon Brown, Nobel Peace Laureate Shirin Ebadi and Dr. Axworthy. More information on the Commission and its mission is available at http://legalempowerment.undp.org

“As a global law firm and citizens of the world, it is fitting that Baker & McKenzie supports Legal Empowerment in strengthening the rule of law to address global poverty," said David Hackett, North American Managing Partner. "Baker & McKenzie is deeply committed to providing pro bono service and addressing the needs of the communities in which we live and practice.

05-01-2007

Hope Gala honors Larry and Debbie Robbins
Congratulations to Larry and Debbie Robbins who received the 2007 Living and Giving Award at the Hope Gala for Juvenile Diabetes Research Foundation. The Award is presented to individuals who have demonstrated exceptional support and dedication to the Juvenile Diabetes Research Foundation. The event, held on April 28th, was attended by more than 400 people and was expected to raise in excess of $350,000 for diabetes research.

05-01-2007

Eight Attorneys from Todd & Weld Named "Massachusetts Super Lawyers Rising Stars"
Eight attorneys from Todd & Weld were named as "Massachusetts Super Lawyers Rising Stars" in the May edition of Boston Magazine.

Raymond P. Ausrotas, Tyler E. Chapman, Jed DeWick, Matthew J. Fogelman, Heidi A. Nadel, and David H. Rich were recognized in the area of general litigation. Maureen McBrien was recognized in Family Law and Charles M. Waters was recognized in business litigation.

05-01-2007

Getting A Patent Just Got Harder - Senniger Powers Partner Interviewed by Forbes.com
Brian Wingfield of Forbes.com recently quoted Senniger Powers Partner Mike Godar in an article on the potential implications of the U.S. Supreme Court decision in KSR International v. Teleflex Inc.

On Monday, April 30, the Supreme Court ruled that Teleflex?s patent was obvious, and that the test for obviousness is too rigid, which means the U.S. Patent Office will likely apply a higher standard for patentability when examining patent applications.

The article states that the ruling is backed by large technology firms who are frequently accused of patent infringement, while the decision is not good news for industries like biotechnology, which rely heavily on patents to protect their products. In the article, Mike Godar said, "I would think that [the decision] is going to have an across-the-board dampening of the number of applications that are filed in all arts.

05-01-2007

The U.S. Supreme Court Gives Deference to Congress in Microsoft Corp. v. AT&T Corp
the U.S. Supreme Court considered the scope of extraterritorial patent protection available to U.S. patentees under 35 U.S.C. § 271(f)(1) in Microsoft Corp. v. AT&T Corp.

Under the existing U.S. patent laws, no infringement occurs by a party who makes and sells a U.S.-patented product in another country. Infringement does occur, however, if the party supplies from the U.S. the components of the patented product for combination abroad.

In the present case, AT&T Corp. owns U.S. Reissue Patent 32,580 (the '580 patent) entitled "Digital Speech Coder." According to the Court, both Microsoft Corp. and AT&T Corp. agree that the Microsoft Windows brand operating system contains software that enables a computer to process speech in the manner claimed by the '580 patent. The dispute concerned:

(1) When, or in what form, does software qualify as a "component" under § 271(f)?

(2) Were "components" supplied "from the United States"?

(1) In the opinion, the term "software" is defined to represent computer instructions detached from any computer-readable medium (e.g., abstract ideas without any physical embodiment). The Court likens the Microsoft Windows brand operating system software to Beethoven's Ninth Symphony in that the computer instructions are not encoded on a computer-readable medium akin to how the notes of the symphony differ from sheet music. The Court emphasized that uninstalled software does not infringe the '580 patent. Comparing software in the abstract to a blueprint, the Court held that only a copy of the software encoded on a computer-readable medium qualifies as a "component" under § 271(f).

(2) The Court further relied on the existing wording of § 271(f) to distinguish between supplying a master disk containing software and supplying a copy of the software installed on a computer. It is the latter to which § 271(f) applies. In the present case, the Court found that Microsoft Corp. did not supply from the U.S. a copy of the software installed on a computer. Rather, Microsoft Corp. supplied the master disk and the copies that were eventually installed on computers were made by third parties using the master disk outside the U.S. Accordingly, the Court held that Microsoft Corp. is not liable under § 271(f) as currently written.

The Court deferred to Congress to consider whether § 271(f) should be amended, and identified several areas for consideration. For example, the Court noted that § 271(f) does not apply to information, instructions, or tools such as blueprints, schematics, templates, and prototypes that enable the combination abroad of inventions patented in the U.S.

05-01-2007

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