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Apple hopes to make history with iPhone
World Business News | 2007/01/14 13:21



"We’re going to make some history here today," said Steve Jobs this week at the beginning of his annual speech at Macworld, his company’s cult-like trade show in San Francisco.

He was as good as his word. First, he launched a product that promises at last to bring digital entertainment from people’s computers to their television screens without fuss. Then he unveiled an even more impressive device that transcends the description "mobile phone." Jobs made it clear that he considered this day a watershed in the three-decade history of Apple Computer, a point that he emphasized by announcing that his firm would henceforth drop "Computer" from its name.

Indeed, Apple’s laptop and desktop computers were hardly mentioned. Nor were Apple’s iPods, which dominate the market for portable music players. Both of the new products are really computers, but people won’t think of them as such, since they will be in their pockets and living rooms.

The mobile phone — provided Apple can settle a legal dispute over the name with Cisco, a network-equipment company — is called the iPhone. It will go on sale in the U.S. in June starting at US$499, in Europe in the autumn and in Asia next year. The television set add-on is called Apple TV and will hit stores next month at $299.

With these two products, Jobs intends to enter and transform new industries, and ultimately people’s lives — just as he did in 1984 when Apple transformed computing with the launch of the Macintosh, and again in 2001 when it introduced the iPod, which shook up the music industry. That Jobs’ announcements had such an impact during this particular week says a lot, because the rest of the consumer- electronics, computer and telecoms industries were simultaneously congregating at the Consumer Electronics Show, the world’s biggest technology fair, in Las Vegas. There, many of Jobs’ old and new rivals were talking about much the same things as he was.

Microsoft’s Bill Gates introduced the Windows Home Server, his answer for uniting computers and TV sets. Olli- Pekka Kallasvuo, boss of Nokia, a mobile-phone giant, unveiled new handsets that can hold music and videos.

But all the gadgets being peddled in Las Vegas were "evolutionary," whereas Apple’s were "revolutionary" and thus noteworthy, says Tim Bajarin, the boss of Creative Strategies, a technology consultancy in California’s Silicon Valley.



Pentagon admits spying on citizens within US
Law Center | 2007/01/14 13:20

The CIA and the American military have been accessing the banking and credit records of hundreds of American citizens suspected of ties to terror groups, the New York Times reported Sunday. Since 9/11, the two US government arms have been using little-known provisions of the Right to Financial Privacy Act, the Fair Credit Reporting Act and the National Security Act  to issue a version of a "national security letter" to domestic banks, credit companies, and other financial corporations. The letters request certain financial information but are generally "noncompulsory" as the CIA and the military have no domestic enforcement authority. The FBI has also issued thousands of similar letters since Sept. 11. All three groups claim increased powers to probe the banking records of American citizens under the Patriot Act, passed in the wake of 9/11.

Democrats and civil liberties groups like the ACLU have expressed serious concern over these and other domestic spying techniques, especially as exercised by government agencies focused abroad. The military and the CIA contend that such intelligence is invaluable in finding leads and strengthening other operations. The ACLU has won two suits against the FBI  related to national security letters.



Apple's Steve Jobs investigated for fraud
Corporate Governance | 2007/01/14 00:55

The US Attorney's office in San Francisco said Friday it is conducting a criminal probe into the option backdating practices of Apple Inc. and specifically an option grant given to CEO Steve Jobs in 2001 which was considered one of the largest option packages in corporate history, according to the San Jose Mercury News. Apple originally claimed the 7.5 million stock options were given to Jobs in October 2001 but last month, the company admitted the meeting in which the package was finalized did not take place until December that year.

Apple has said that Jobs and the company's current executives were unaware of any backdating, but between the date of the fictious October meeting and the actual meeting in December, Jobs' stock appreciated $20 million dollars.

The US Attorney's announcement comes less than two weeks after Apple completed an internal probe into alleged stock option manipulation by its senior managers, including Jobs. The report purported to clear its executives of any wrong-doing and concluded that Jobs did not "financially benefit" from stock options.



U.S. military deaths in Iraq hit 3,019
Breaking Legal News | 2007/01/14 00:53

As of Saturday, Jan. 13, 2007, at least 3,019 members of the U.S. military have died since the beginning of the Iraq war in March 2003, according to an Associated Press count. The figure includes seven military civilians. At least 2,427 died as a result of hostile action, according to the military's numbers.

The AP count is seven higher than the Defense Department's tally, last updated Friday at 10 a.m. EST.

The British military has reported 128 deaths; Italy, 33; Ukraine, 18; Poland, 18; Bulgaria, 13; Spain, 11; Denmark, six; El Salvador, five; Slovakia, four; Latvia, three; Estonia, Netherlands, Thailand, two each; and Australia, Hungary, Kazakhstan, Romania, one death each.



Brinks Hofer Gilson & Lione Announces New Board of Directors
Law Firm News | 2007/01/14 00:52

Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the United States, is pleased to announce its newly-named Board of Directors. The 2007 Board members are:

Glen P. Belvis focuses his practice on all facets of intellectual property law, including patents, trademarks, copyrights, trade secrets and related antitrust matters. He has substantial patent litigation experience, including bench and jury trials, appeals before the Federal Circuit, and alternate dispute resolutions, and has participated in several multinational litigations involving related patent lawsuits in the U.K., Europe, Asia, Canada and the United States. He has testified as an expert witness on patent and trade secret matters, has lectured on patent and antitrust matters at Oxford University, and has experience in patent prosecution, interferences, and proceedings before the PTO board of appeals. Mr. Belvis' experience encompasses a wide range of technologies, including medical devices, bio-tech, software, Internet, lasers, paper, polymers, heavy equipment and pharmaceuticals. He received his J.D. from DePaul University College of Law and his B.S. in Chemistry from University of Notre Dame.

David S. Fleming, chair of the Internet/E-commerce Group, concentrates his practice in trademark law, focusing on litigation in federal courts and before the Trademark Trial and Appeal Board, counseling, and prosecution in the Patent and Trademark Office.  Mr. Fleming has represented a wide variety of trademark clients in services and manufacturing industries. These clients have included worldwide companies engaged in the following activities: Internet search engine services; franchising in areas such as real estate brokerage and hotel services; car rental services; mortgage lending services; asset-based and other business lending services; title insurance and related services; a joint venture of credit card associations providing international standards for security in electronic payment transactions; retailing services; cellular and other communications equipment manufacturing and marketing; truck manufacturing; automobile parts manufacturing; tobacco products; and motion picture services.  He received his J.D. from the University of Illinois College of Law and his B.A. from Northwestern University.

Cynthia A. Homan has practiced law at Brinks for 25 years, where she also worked while attending law school.  She focuses her practice on brief writing at all levels of the federal court system, with a special emphasis on patent appeals.  She founded the firm’s Appellate Group and served as chair for eight years.  Ms. Homan also has copyright counseling experience as well as litigation experience in patent, trademark and copyright law.  She is a member of the national board of directors of Lambda Legal and served as the organization’s co-chair from 2004 to 2005.  She received her J.D. from DePaul University College of Law, her M.L.S. from the University of Pittsburgh and her B.A. in Russian Language and Area Studies from the University of Illinois.

Robert S. Mallin has extensive litigation experience in a variety of patent and trademark cases, including first chair jury trial and arbitration preparation and participation, taking and defending depositions, preparing and arguing motions, and conducting discovery matters; patent prosecution and counseling, including the use of reexamination to invalidate a patent during litigation; reviewing and evaluating patents for patentability, infringement, and validity opinions; and licensing. He is knowledgeable in such technical areas as metallurgical processing, electromechanical inventions, mechanical inventions, chemical processing, optical fiber connectors and thermoplastic adhesives, and the automotive industry and biotechnology.  He received his J.D. from Loyola University Chicago School of Law and his B.S. in Chemical Engineering from the University of Illinois.

Steven P. Oberholtzer, managing partner of Brinks’ Ann Arbor office, focuses on patent and trademark counseling, corporate intellectual property policy development, technology licensing, joint development and joint venture relationship agreements, United States Patent and Trademark Office administrative proceedings, including interferences, re-examinations, re-issues, trademark oppositions, patent application preparation and prosecution, providing opinions regarding infringement risks, design-around projects and patentability and administration of corporate intellectual property portfolios.  He has extensive experience in the mechanical and electro-mechanical disciplines with particular emphasis on automotive industry issues and has additional significant experience in technology areas, including medical devices, lasers, fiber optics, optical devices and heavy industrial equipment. Mr. Oberholtzer received his J.D. from the Detroit College of Law at Michigan State University and his B.S. in Mechanical Engineering from Kettering University, formerly known as the General Motors Institute.

Gary M. Ropski, President of Brinks Hofer Gilson & Lione, has practiced intellectual property law exclusively since joining the firm in 1976. His practice now focuses on litigation, but has included patent prosecution and litigation; trademark prosecution, including oppositions and litigation; trade dress litigation; copyright registration and litigation; trade secret litigation; right of publicity counseling and litigation; and related unfair competition and antitrust matters in federal and state courts. Mr. Ropski has received numerous awards, including being named as a Leading Illinois Intellectual Property Lawyer byChambers USA for four consecutive years; a Leading Intellectual Property Lawyer by theLeading Lawyers Network for three consecutive years;   and  a Top 10 Leading Lawyer for Business by the Leading Lawyers Network.    Mr. Ropski has also been recognized as an Illinois Super Lawyer in Intellectual Property Litigationand was named  one of the Top 10 Attorneys in Illinois in 2006.  He received his J.D., cum laude, from Northwestern University School of Law and his B.S. in Physics from Carnegie-Mellon University.

Jason C. White's practice has focused primarily on patent litigation matters. However, he also has significant experience representing both licensors and licensees in complex licensing negotiations. In addition, he has experience in drafting and prosecuting U.S. and foreign patent applications in computer, electronics and telecommunications arts, preparing invalidity and non-infringement opinions, conducting due diligence analyses in conjunction with mergers, acquisitions and divestitures and counseling clients regarding obtaining and enforcing intellectual property rights.

Fleming, Mallin and Ropski will serve on the Executive Committee along with Chief Operating Officer, Bruce Weisseg.

Also, Brinks announced the firm’s practice group chairs for 2007.  They are listed here in alphabetical order:

Meredith Martin Addy – Appellate

James A. Collins – Electrical/Computer

Margaret A. Dobrowitsky – Licensing

Jeffery M. Duncan – Biotech and Pharmaceutical

Thomas J. Filarski – Chemical

David S. Fleming – Internet/E-commerce

William H. Frankel – Copyright

John C. Freeman – International Patent

John T. Gabrielides – Anti-counterfeiting

Kent E. Genin – Patent Prosecution

Raymond W. Green – Interference

Jeffery A. Handelman – Trademark & Unfair Competition

Richard A. Kaplan – Trade Secrets

Laura Beth Miller – International Trade Commission

Michael E. Milz – Mechanical

William F. Prendergast – Nanotechnology

Jonathan E. Retsky – Intellectual Asset Management

James R. Sobieraj – Litigation

Mary M. Squyres – International Trademark

Founded in 1917, Brinks Hofer Gilson & Lione is based in Chicago with four additional offices across the country serving the intellectual property needs of clients from around the world. The firm is one of the largest IP law firms in the country, with more than 150 attorneys, scientific advisors and patent agentsspecializing in intellectual property litigation and all aspects of patent, trademark, copyright, trade secret, unfair competition, intellectual asset management, and technology and licensing agreements.  Brinks routinely handles assignments in fields as diverse as electrical, chemical, mechanical, biotechnology, pharmaceutical, nanotechnology, Internet and computer technology, as well as in trademarks and brand names for a wide variety of products and services.

http://www.brinkshofer.com



Tampa law firm faces contingency fees lawsuit
Legal Business | 2007/01/13 16:49

A Tampa law firm that has garnered millions of dollars in neglect and abuse settlements and lawsuits against nursing homes in Florida and around the country is now on the defense end of a suit that contends the firm knowingly violated Tennessee law regarding contingency fees.

The lawsuit against the firm, Wilkes & McHugh, was filed in December in U.S. District Court in the Western District of Tennessee.

Plaintiff Debbie Howard hired the firm several years ago to sue a Memphis nursing home in the death of her grandmother for medical negligence, according to the 38-page complaint.

The class-action claim states Wilkes & McHugh engaged in an unlawful scheme to collect 40 percent or 45 percent in contingency fees of settlement amounts, although Tennessee law caps fees to 33 and 1/3 percent in medical malpractice cases. The complaint says the law firm charged the higher and unlawful contingency fee to hundreds of clients in Tennessee.

“Although it has never actually tried any of these nursing home lawsuits in Tennessee, defendant Wilkes & McHugh has reaped tens of millions of dollars in legal fees from settlements ... paid by nursing home defendants to their Tennessee clients during the Class period,” according to the complaint.



10 Nazi SS members convicted in Italy
International | 2007/01/13 10:48

An Italian military court Saturday convicted 10 former SS soldiers and acquitted 7 others in the 1944 killing of more than 700 people in Marzabotto, a small town in nothern Iraly. The slaughter, which took place south of Bologna, is considered the worst killing of civilians in Italy during World War II. All of the men on trial were tried in absentia and are believed by many to be living in Germany. Each of the convicted men received life sentences for murder.

The massacre was committed by retreating German troops from September 29, 1944 to October 5, 1944. During that time, the SS soldiers killed mainly women, children and elderly in a supposed hunt for resistance fighters.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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