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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.



Justice Department Hit With Hiring Freeze
Law Center | 2007/01/13 10:10

Three US Justice Department agencies - the Drug Enforcement Agency (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the FBI - are freezing or slowing recruitment efforts largely as a result of a lack of increased funding from Congress' failure to approve requested 2007 budget increases for the Justice Department. The DEA and ATF have said they are freezing the hiring of new employees, even though both agencies anticipate large numbers of unfilled positions this year. The FBI has slowed its hiring but will continue to hire for positions deemed essential. As the agencies await a decision by lawmakers if, and whether, to increase funding, they will continue to operate based on their 2006 budgets. But increased costs across the board, including an imminent increase of the federal minimum wage, make working with last year's budget unreasonable.

The 2006 budget shows that last year the FBI received $5.7 billion in federal funding while the DEA received $2.4 billion. The DEA said it would be unable to sustain employment at its current level if Congress does not allot an additional $95 million, and ATF officials say they need $71 million more in order to maintain its 4,900 employees. Observers say that the failure to approve 2007 budgets for the DOJ agencies could impede efforts to counter both violent crime and terrorism. While other agencies are feeling the burden of the lack of budget approval, Congress has already approved budgets for the military and for homeland security.



New Managing Partner At Reed Smith
Law Firm News | 2007/01/13 07:14



Reed Smith LLP, one of the 15 largest law firms in the world, has announced the selection of James J. Barnes as the Managing Partner of the Pittsburgh office. Barnes is the first African-American partner at Reed Smith to become an office managing partner.

Mr. Barnes takes over from Carolyn Duronio, who has been elected to the Executive Committee and the position of Reed Smith Corporate Secretary.

"James' skills in strategic planning and management make him exceptionally qualified to fill this key role in our Pittsburgh office," said Gregory B. Jordan, Reed Smith's firmwide Managing Partner. "Carolyn did an excellent job in this role, and we know that James will continue to keep Reed Smith in the forefront of the legal profession in Pittsburgh as the firm continues to evolve into one of the world's leading law firms."

A 1988 graduate of Howard University School of Law and 1984 graduate of Dartmouth College, Mr. Barnes joined Reed Smith five years ago as a partner in the Corporate & Securities Group. He has a wide range of experience in corporate and securities law and regularly assists public companies with preparation and review of SEC reports. His extensive experience includes representing companies in merger and acquisition, joint ventures and other complex corporate transactions.

"I intend to build on Reed Smith's more than 129 years of history as a major legal services firm in Pittsburgh," said Mr. Barnes. "I welcome this opportunity to assume leadership at the firm. I am currently developing plans that will build on and advance our well-established reputation in this community."

Atop Mr. Barnes' current agenda are activities and events that inform the Pittsburgh business community of Reed Smith's rapidly expanding range of services, including its global capabilities. "We've been here long enough to become a household name in the local community," he said. "But many individuals and businesses don't realize that we're not just your grandfather's law firm anymore. Today's Reed Smith has offices on three continents, including 13 in the U.S., five in Europe and two in the Middle East. We have top-tier attorneys in Pittsburgh and around the world who can handle any kind of litigation or transactional matter across any business or industry sector. My goal is to ensure that Pittsburgh businesses are aware not only of who we have been and what we have done in the past, but who we are now and what we can do for them now and into the future." Among his responsibilities as Pittsburgh Office Managing Partner will be assisting with the firm's move into its new space in 2008.

Mr. Barnes will continue to build his personal practice serving companies conducting business in the old and new economies, ranging from public utilities to information technology companies.

Carolyn Duronio, who held the role of managing partner of the Pittsburgh office for 6 years was elected to the firm's Executive Committee in the role of Corporate Secretary. According to Greg Jordan, "Carolyn's election to this important role is a natural because she has been a real leader in our firm, and we look forward to her continuing leadership."

About Reed Smith

Reed Smith is one of the 15 largest law firms in the world, with more than 1,300 lawyers in 20 offices throughout the United States, Europe and the Middle East. Founded in 1877, the firm represents leading international businesses from Fortune 100 corporations to mid-market and emerging enterprises. Its attorneys provide litigation services in multi-jurisdictional matters and other high stake disputes, deliver regulatory counsel, and execute the full range of strategic domestic and cross-border transactions. Reed Smith is a preeminent advisor to industries including financial services, life sciences, health care, advertising and media, shipping, international trade and commodities, real estate, and education. For more information, visit reedsmith.com

U.S.: New York, Los Angeles, Washington, San Francisco, Philadelphia, Pittsburgh, Oakland, Princeton, Falls Church, Wilmington, Century City, Richmond, Leesburg

Europe: London, Paris, Munich, Birmingham, Piraeus

Middle East: Abu Dhabi, Dubai

http://www.reedsmith.com



Bush signs legislation to protect phone records
Politics | 2007/01/13 00:48

President Bush Friday signed into law new federal legislation seeking to protect traditional, wireless, and internet phone calling consumers by preventing phone companies from selling their private phone records without customer authorization and criminalizing attempts to obtain those fraudulently. The Telephone Records and Privacy Protection Act of 2006 passed the Senate in December in response to the Hewlett-Packard corporate spying scandal that broke this past summer.

The Act prohibits "making false or fraudulent statements" to phone company employees in an effort to obtain confidential phone records. It also forbids "accessing customer accounts through the Internet" without authorization. Those who contravene the Act can face up to 10 years in prison.



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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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