"I'm confident that the Commonwealth Court decision does not affect the authority of the city of Philadelphia to enact a smoking ban," City Solicitor Romulo L. Diaz Jr. said.

A small record label has filed a class action lawsuit against Apple and other digital music stores as well as the major record labels that carry its catalog of tracks. Dawg Music, which is run by bluegrass musician David Grisman and his partner Craig Miller, claims that entities carrying Grisman's musical tracks are knowingly selling his works with poor or nonexistent compensation without his consent. Represented by Strange and Carpenter from the Law Offices of Jeffry L. Graubart, the suit makes a two-part complaint implicating both labels and their online digital retail partners. The complaint states that Universal and Warner have neglected Daw Music's copyrights and royalties when signing deals with online stores -- including Apple's iTunes service.

The two large record companies agreed to online distribution of Grisman's library without first acquiring permission from Dawg Music, according to AppleInsider, and by doing so both labels made unauthorized hard copies of the music while also usurping control of royalties due for each album. That lack of communication resulted in "gross underpayments," claims Dawg Music, and online retail efforts such as the iTunes Store are guilty by association because they agreed to host and sell the unsanctioned tracks.

The suit claims that AOL Music Now, Buy.com, Apple's iTunes, MSN.com, Napster, RealNetworks' Rhapsody, Wal-Mart.com, and Yahoo Music are guilty of trading songs without genuine consent because they send money to the intermediate labels but not the copyright holders.

Dawg Music also states that this evasion of copyrights has caused "irreparable injury" to the music label, and that the agreements will continue to damage the company as long as the present contracts for online music remain. All defendants named in the suit would be forced to pay Dawg Music for damages if the small label manages to prove its case in a central California court hearing.

Additionally, the court could order each defendant to pay $150,000 for each work whose copyright was violated if the case finds the labels and online music retailers guilty, adding up to millions of dollars in payments to Dawg Music.

Strange and Carpenter on behalf of Dawg Music will need to prove that none of the existing clauses in Dawg Music's contracts with Universal and Warner already cover the online distribution of their content if they are to win the case and recieve damages.

An Exxon spokesman said the Irving-based company, which still sees the award as excessive, would appeal the decision to the U.S. Supreme Court.
 

As General Counsel, a newly appointed professional position at Gallop, Johnson & Neuman, Mr. Traeger is responsible for addressing potential issues regarding professional responsibility and legal compliance, mentoring, continuing legal education and attorney recruiting practices, as well as internal matters of attorney-client privilege and confidentiality.

Mr. Traeger is a member of Gallop, Johnson & Neuman’s Real Estate Practice Area and chairman of the firm’s Environmental Law Practice Area. He has extensive experience in areas of environmental, administrative and corporate law. He also serves on the firm’s Ethics Committee, Mentoring Committee and Lateral Committee, the latter of which focuses on attorney recruiting. Mr. Traeger will continue to serve clients of Gallop, Johnson & Neuman and to chair the firm’s Environmental Law Practice Area.

Thomas J. Campbell, Managing Partner of Gallop, Johnson & Neuman, said, “The appointment of John Traeger as General Counsel strengthens our firm’s commitment to client service excellence, mentoring and professional responsibility in the legal profession.”

Before joining Gallop, Johnson & Neuman in 2000, Mr. Traeger served as internal corporate counsel at Ralston Purina Co. and Continental Baking Co in St. Louis. His legal experience in environmental areas includes matters of mergers and acquisitions, Superfund litigation, the Clean Air Act and Clean Water Act, environmental site assessments, wetlands and hazardous waste issues. Mr. Traeger also serves clients regarding business and real estate issues, and electronically stored records management programs to assure compliance with federal and state regulations.

Mr. Traeger is a member of The American Bar Association, The Missouri Bar, The Bar Association of Metropolitan St. Louis, and the St. Louis Regional Chamber and Growth Association. He earned a J.D. degree from St. Mary’s University School of Law and a Bachelor of Sciences degree from Colorado College.

Gallop, Johnson & Neuman has served clients in St. Louis and around the world for more than 30 years. The law firm and its attorneys are distinguished by a Commitment to Excellence. The firm serves public and privately held corporations, small companies, start-up enterprises, entrepreneurs and non-profit entities, as well as individuals and families. Gallop, Johnson & Neuman is one of the ten largest law firms in St. Louis. Offices are located at 101 South Hanley Road, Suite 1700, Clayton, Missouri, 63105.

For the new group, the law firm said it will use lawyers from its South Florida, Tampa and Orlando offices who are experienced in the fields of bankruptcy, creditors' rights, real estate, receiverships, taxation and litigation.

"We are anticipating increased demand for workout advice as Florida's economy faces headwinds from residential overbuilding, shifting market demands and soaring construction, insurance and other costs," said Shutts & Bowen Chairman Bowman Brown.

Lee D. Mackson, a partner in the firm's Miami office, is to lead the new practice group. Mackson represents financial institutions and other companies in real estate and banking litigation, multimillion-dollar commercial foreclosures, and complex workouts.

He said the firm's statewide complex loan workout practice group will work with investment banks, pension funds, insurance companies, lending institutions, developers, investors, landlords and private equity funds.

"The collapse of the subprime mortgage market is creating a ripple effect on other sectors of the U.S. economy," Mackson said. "Foreclosure rates and mortgage fraud claims are rising and excess liquidity in the capital markets has been keeping borderline companies afloat. As these stresses mount, we anticipate that companies in a wide range of industries will be seeking our advice on restructuring loans, reorganizing business ventures and addressing complex contract disputes."

The practice group is to advise clients on loan workouts and modifications, restructurings, bankruptcy alternatives, reorganization, capital infusion and strategic and development alternatives for real estate in all stages of distress.

Other members of the new practice group include partners Don Wasil, Peter Levitt, and Bob Fracasso in Miami; Peter Shapiro in Fort Lauderdale; Art Menor in West Palm Beach; Rob Soriano in Tampa; and Andrew Brumby and Michael Gore in Orlando.

The Complaint, assigned case # CV-00535-NAM-GJD and captioned "Debra A. Weber, on behalf of herself and all others similarly situated, Plaintiff, against Align Technology Inc., OrthoClear Inc., and OrthoClear Holdings, Inc., d/b/a OrthoClear, Inc.," alleges that orthodontic treatments of the plaintiff dental patients "were interrupted, unduly prolonged or terminated as a result of defendants' unlawful conduct" relating to the OrthoClear settlement.

The Complaint alleges two causes of action against the OrthoClear defendants and one cause of action against Align Technology for breach of contract. The cause of action against Align Technology references Align's agreement to make Invisalign treatment available to OrthoClear patients, alleging that Align failed "to provide the promised treatment to Plaintiff or any of the Class Members."

Align Technology has reviewed the allegations contained in the Complaint and believes they are without merit. Following the OrthoClear settlement, Align Technology launched the Patients First Program to provide new Invisalign treatment to former OrthoClear patients at no charge to patients or their doctors. As of May 21, 2007, Align had shipped approximately 23,400 of the 24,700 cases submitted under the Patients First Program, including all Invisalign aligners for the named Plaintiff. The remaining in-process cases are expected to ship in the second quarter of 2007, as previously reported by the Company.