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Viacom lawyer strikes back at Google, YouTube
Attorneys in the News |
2007/03/18 00:18
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After it emerged earlier this week that Viacom Inc. had filed a $1 billion lawsuit against Google over its YouTube video sharing site, Google was quick to claim it had protection under the "safe harbor" provisions set present in the 1998 Digital Millennium Copyright Act (DMCA). Google also said that the lawsuit would not alter its service or distract it from its work. However, Viacom lawyer, Don Verrilli, has struck at Google's claim of protection under DMCA and at the law itself. Firstly, he said that Google does not fit the criteria needed to take advantage of the safe harbor provisions. He said that under Section 512 of the DMCA, a "service provider" must be unaware of infringing activity and must not make direct financial gain from it. He believes that Google is aware of the mass-infringement on the site and has no problem filter content for any distribution partners. "YouTube has done a lot of social good that comes with a very significant problem," Verilli said. "And the significant problem that comes along with the good is that there is an enormous, enormous amount of copyrighted video works uploaded onto YouTube and viewed on a staggeringly high level by YouTube users." He also feels that Viacom and other content companies are in an unfair position under the DMCA. "What that means is we've got to employ an army of people around the clock who do nothing but monitor YouTube, catalog those works, (send takedown requests)...and find out the next day that the works go back up," he said
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Ulman departs law firm in Towson
Attorneys in the News |
2007/03/13 06:41
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The Towson law firm Hodes, Ulman, Pessin & Katz has lost a partner and had a name change. With the recent departure of partner Louis Ulman, the firm has officially become Hodes, Pessin & Katz. "After 15 years with us, Lou has decided to move on to greener pastures," said founding partner Michael Hodes. "It's not every day that a name person (in a firm) moves on." Hodes started the practice in Towson in 1988 as a one-man operation called Michael Hodes PA. Today, the firm has nearly 50 attorneys working from offices in Towson, Columbia, Bel Air, Bethesda and Cambridge. Hodes said that with Ulman's departure, the law required the name of the firm to change. "Unless a partner either dies or retires, you have to change the name," Hodes said. "It's very amicable," Hodes said of Ulman's departure. "Lou is one of my closest friends. We were partners at another firm for many years before I started this firm. We have had a very great relationship forever." On March 2, Ulman, a Howard County resident, became a senior partner in the Howard County offices of Offit Kurman, a firm with offices in Baltimore County, Howard County, Montgomery County, Harford County and Philadelphia. Ulman, who specializes in estate planning, elder law and asset protection, said he left Hodes, Ulman, Pessin & Katz on friendly terms. He said he wanted to practice law in a larger firm where he could draw the individual areas of expertise of a larger staff of attorneys. Ulman also cited his own roots and family ties to Howard County as a reason for the change. His son, attorney Ken Ulman, is county executive in Howard County. "It was very difficult to practice in a small satellite office, and I wanted to be in a bigger office," he said. "We have 25 attorneys here," he said of Offit Kurman's Howard County office." Even though the Hodes, Ulman, Pessin & Katz moniker has become ingrained in the public imagination through effective marketing, Hodes said, this is just the latest in a string of name changes his firm has undergone as it has expanded from one attorney to nearly 50. "It seems to happen every January," he said. "Nothing has really changed except our name." |
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Powell Goldstein lawyer steps out to open his own firm
Attorneys in the News |
2007/03/12 18:39
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SIMON H. BLOOM has left Powell Goldstein, where he was a partner, to launch his own shop, the Bloom Law Firm. Bloom is bringing along a Powell Goldstein associate, Stephanie E. Dyer, to his firm, which is in the Equitable Building at 100 Peachtree St. Bloom said his firm focuses on real estate disputes. He represents owners, developers, builders, contractors and brokers. “Our shop will be able to take a piece of dirt from entitlement through any aspect of development of the property and litigation,” he said. “It’s always been a dream of mine to go out on my own and offer my services to a wider market,” said Bloom, 35, of his decision to open his own firm. He had practiced at Powell Goldstein since 1997. He explained that big firm rates were pricing him out of what he sees as a “huge middle market.” He said that at Powell Goldstein he billed clients $385 an hour, adding that his rate there was about to increase to $405 an hour. “Only the Fortune 1000 could afford my rates—and there are only so many of those clients to go around that have real estate issues,” he said. His new rate is $295. “If you want a Powell Goldstein-quality trial lawyer, you’re not going to get a better deal,” he said. “It used to be that you went to the biggest firms if you had an important case. Now you have other options. … There are specialists in smaller firms who can do just as good a job without the overhead and higher rates.” Bloom said he brings “a healthy percentage” of his clients to his new firm, but declined to name them. |
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Former Republican chairman to rejoin Akin Gump
Attorneys in the News |
2007/03/02 09:15
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Ken Mehlman, a former chairman of the Republican National Committee, will return to Akin Gump Strauss Hauer & Feld, the law firm said Thursday. Mehlman, who was the RNC chairman for two years beginning in 2005, started his legal career in 1991 as an associate in Akin Gump's D.C. office, where he practiced for three years before entering politics.
In his new stint with the law firm, he will work with clients on legislative, regulatory, constituency, corporate and public relations matters at the state, federal and international levels. "As a former chairman of the Democratic National Committee, I am delighted that Ken Mehlman ... will be back at Akin Gump," says Robert Strauss, the law firm's founder, in a statement. "We are a diversified and bipartisan firm, and Ken fits in perfectly." Mehlman began his political career as legislative director to Rep. Lamar Smith, R-Texas, and later became chief of staff to Rep. Kay Granger, R-Texas. From 2003 to 2004 he was campaign manager for George Bush and Dick Cheney as they won a second term. Akin Gump has more than 900 attorneys in offices in the United States and worldwide
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Pioneer Alaska lawyer Dickerson dies at 94
Attorneys in the News |
2007/02/21 01:32
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Mahala Ashley Dickerson, the state's first black lawyer, died Monday at her family homestead in Wasilla after a short illness. She was 94. Dickerson, who was raised in the South before the era of civil rights, blazed a trail for black women in the world of law. Aside from her accomplishments in Alaska, she became the first female attorney in her home state of Alabama in 1948 and the second black woman admitted to the bar in Indiana in 1951. She was also the first black homesteader in the Mat-Su. Attorney Rex Butler, whom Dickerson convinced to come to Anchorage, said, "I remember one lawyer telling me one time, he said, 'Rex, you see those mountains out there?' He said, 'Those mountains are littered with the bones of lawyers who underestimated M. Ashley Dickerson.' " Dickerson had a reputation as an advocate for the poor and underprivileged. She argued many cases involving racial and gender discrimination, taking on the Anchorage Police Department and the University of Alaska, among other institutions. "In my life, I didn't have but two things to do. Those were to stay black and to die. I'm just not afraid to fight somebody big," she told the Daily News in 1984, when, at age 71, she was still working 12-hour days at her Fairview law office. "Whenever there's somebody being mistreated, if they want me, I'll help them." Dickerson grew up in Alabama on a plantation owned by her father. She attended a private school, Miss White's School, where she began a lifelong friendship with Rosa Parks, who would become a hero of the civil rights movement. Dickerson graduated from Fisk University in 1935, married Henry Dickerson and had triplets, Alfred, John and Chris. She later divorced, and when the boys were 6, she went to Howard University School of Law, becoming one of four women to graduate in her class of '36. After working as an attorney in Alabama and Indiana, she moved to Alaska with her sons, where she homesteaded in the Valley. "I didn't know a single person, and there were very few black people in Alaska then, but everyone welcomed me, white and black alike," she said in a 2001 interview. Dickerson opened her law practice in Anchorage in 1959, and her name is still on the answering machine, along with that of her long-time law partner, Johnny Gibbons. In 1995, she was awarded the Margaret Brent Award from the American Bar Association, an honor also given to U.S. Supreme Court Justice Ruth Bader Ginsburg and Sandra Day O'Connor, a justice of the nation's top court who has since retired. Dickerson wrote a book about her life, "Delayed Justice for Sale," in 1998. She continued to practiced law until she was 91. In addition to encouraging Butler to practice in Anchorage, she was a mentor to many other young attorneys, Butler said. Dickerson often took clients who didn't have the means to pay, said Leroy Barker, the historian for the Alaska State Bar Association, who practiced law with Dickerson in the 1960s. "I don't think anybody thought of her as a black woman lawyer, she was just a lawyer," he said. "I think she worked very hard to get where she was, and she was a strong personality." Joshua Wright, an Anchorage dentist, was a friend of Dickerson from the time she moved to Alaska. He remembered her as "a fighter." "When she was younger, oh, God, when she got on a roll, you better clear out the room," he said, laughing. He and his wife visited Dickerson over the weekend. She'd been lucid until a stroke a few weeks ago that left her without speech, he said. She responded to them in the room, he said, and when they left, she smiled and closed her eyes. "That's our lasting picture of her," he said. Dickerson's legacy will be the way she overcame obstacles, giving back to the community, said Celeste Hodge, former local head of the National Association for the Advancement of Colored People, who now runs Mayor Mark Begich's office of equal opportunity. "Once you know her story, especially as an African-American woman, you know that you are able to achieve anything," Hodge said. Dickerson will be buried on her land near her son, Alfred, who died in 1960. Sons John and Chris will attend a private Quaker graveside service today. A memorial will be held at a later date. |
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Former VP for Marriott Intl. Joins Holland & Knight
Attorneys in the News |
2007/02/15 12:05
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WASHINGTON, Feb. 16 - Nina R. Eldred, former vice president and assistant general counsel for Marriott International and The Ritz-Carlton Hotel Company, has joined Holland & Knight's Global Hospitality and Resort Team as a senior counsel in the firm's Washington, D.C., office. Eldred is recognized as one of the leading hospitality lawyers representing hotel owners and operators in the acquisition, development, due diligence, financing, management, franchising and disposition of hotels, luxury resorts, and mixed use development projects including golf courses, spas, skiing facilities, casinos and retail. She especially brings substantial experience in the development and management of luxury branded condominiums and condominium hotel projects. In particular, Eldred advises clients on the appropriate ownership structure for hotel and resort projects and the negotiation of joint venture agreements. "Nina is an experienced and talented lawyer who brings valuable legal and business acumen to our team, having practiced in-house for the two of the world's most prestigious hospitality companies," said Jim Norman, co-chair of the firm's Global Hospitality and Resort Team. "Her arrival has already been a tremendous asset to our clients and the continued strategic growth of our hospitality and general real estate practices." With more than 200 lawyers, Holland & Knight's Real Estate group is the largest of any firm in the United States. Every year since 2004, the firm's Real Estate Section has been named the leading practice in the Washington, D.C., market by Chambers USA - America's Leading Business Lawyers. Eldred earned her bachelor's degree from Bucknell University and her J.D. from the Columbus School of Law of The Catholic University of America. She is a member of the District of Columbia Bar and is admitted to practice before the United States Supreme Court. About Holland & Knight LLP: Holland & Knight is a global law firm with more than 1,150 lawyers in 17 U.S. offices. Other offices around the world are located in Mexico City, Tokyo and Beijing, with representative offices in Caracas, Helsinki and Tel Aviv. Holland & Knight is among the world's 15 largest firms, providing representation in litigation, business, real estate and governmental law. Our interdisciplinary practice groups and industry-based teams ensure clients have access to attorneys throughout the firm, regardless of location. http://www.hklaw.com |
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Hutchinson returns to Washington law firm
Attorneys in the News |
2007/01/06 03:53
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Asa Hutchinson, the former congressman and federal Homeland Security undersecretary, said Friday he has returned to his old Washington law firm in a new position following his defeat in the 2006 Arkansas governor's race. Hutchinson, a Republican who lost to Democrat Mike Beebe in the Nov. 7 general election, said he rejoined the Venable law firm as a partner, but as a litigator rather than in the lobbying role he served after leaving the Bush administration in early 2005. He said he would split his time between Washington and Little Rock, where he formed the Hutchinson Group, a homeland security consulting firm. "I've got a great team built up here for consulting and business development," Hutchinson said. "But in my heart I'm a litigator and I want to return to the courtroom." Hutchinson was a federal prosecutor in Arkansas and later litigated more than 200 cases in private practice before being elected to Congress in 1996. He was a House manager during the impeachment of President Clinton. He was appointed by President Bush to head the federal Drug Enforcement Administration in 2001 and later headed border and transportation security in the Homeland Security Department. He joined the Venable firm after leaving the department and before entering the governor's race. During the race, his job at the firm came under criticism from Democrats who accused him of violating ethics laws by lining up the job before leaving government. He denied wrongdoing. Hutchinson said Friday he returned to the firm as a senior litigant, to oversee complex litigation as well as handle complex investigations, corporate and congressional. He said he would maintain his home and residency in Arkansas. |
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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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