Media Mentions
2011
“Court Refuses to Certify Class Action in Chiropractors’ Claims Against Blue Cross”
BNA Health Law Resource Center, December 30, 2011
Amy Carletti, Amy Doehring, Bryan Webster and John Andrew Litwinski were among defense co-counsel successfully representing Blue Cross Blue Shield Association in a federal court’s denial of class certification sought by numerous chiropractors and chiropractic associations in a controversy over reimbursement practices.
Amy J. Carletti, Amy G. Doehring, John A. Litwinski, Bryan M. Webster, Trial
“Cloud Computing Emerges as Tax Conundrum as States Seek to Squeeze ‘New Paradigm’ into Old Ways of Thinking”
BNA Daily Tax Report, December 29, 2011
Arthur Rosen said that even though use of cloud computing services “is really a throwback to an old idea” of computer time-sharing with third parties, cloud computing vendors are so uncertain about the tax status of their services that they are charging their customers state sales tax – which some customers may refuse to pay, or may seek refunds on from the state. Mr. Rosen noted that New York has been among the more aggressive states in taxing pre-written software as tangible personal property, but he contended that the state has little legal or factual basis for its position.
Arthur R. Rosen, State & Local Tax, Tax
“IRS Seeking Comments on Tax Consequences of Trust Decanting”
Tax Notes Today, December 28, 2011
Amy Heller said that an IRS effort to seek comments on the tax consequences of decanting (transferring the assets of one trust to another) “seems to suggest one of the government’s concerns is whether a beneficiary can play a role in a decision to decant, as opposed to the decision being made solely by a trustee.” Ms. Heller noted the issue’s importance, in that “the number of states that have decanting statutes has grown, and even in states that do not have decanting statutes, lawyers are putting decanting provisions in trust documents.”
“While Consumer Bureau Had Rough Launch, Other Agencies Hit Their Stride”
National Law Journal, December 26, 2011
Stephen Ryan called the delays in nominating and confirming a director of the new federal Consumer Financial Protection Bureau “the most awkward liftoff I’ve ever seen of a new agency.”
Stephen M. Ryan, Government Strategies
“Law Firms Weigh Effects of Dictator’s Death on Plans for Seoul Offices”
National Law Journal, December 23, 2011
Jeffrey Stone stated that the death of North Korean leader Kim Jong Il “has not at all changed [McDermott’s] interest” in assessing the potential for opening an office in the “active and vibrant economy” of South Korea. Mr. Stone noted that the Firm already serves South Korean clients from its U.S. offices, but could make a final decision early in 2012, in consultation with South Korean clients, on opening an office in that country. “We remain very interested in the opportunities presented by the opening of the South Korean legal market,” Mr. Stone concluded. “We are studying it very carefully.”
Jeffrey E. Stone, White-Collar & Securities Defense
“New ISS Guidance on Say on Pay Requires Ramping Up Now”
Corporate Board Member, December 23, 2011
Andrew Liazos urged companies to begin preparing now for peer review tests that Institutional Shareholder Services (ISS) will require for proxy documentation of executive pay standards, a preparation that should include “reaching out to the shareholders to understand their concerns." Liazos explained that, "When ISS comes up with peer groups, there may not be a correlation between those peer groups and the ones the [company’s] compensation committee comes up with. ...So you really don’t know how this is going to come out until you go through the numbers.”
Andrew C. Liazos, Employee Benefits
“The Best of 2011: Most Likely to Succeed”
Legal Bisnow, December 23, 2011
Thomas Conaghan was featured for his role on McDermott’s 40-person team that worked on the acquisition by a group led by Fila Korea of the Acushnet golf business and its Titleist and Footjoy brands. The transaction was the largest acquisition ever of a global brand by a Korean company, and was singled out by this publication as one of the top deals of the year.
“TRW Retirees Told to Arbitrate in Health Plan Suit”
Law360, December 23, 2011
Nancy Ross was defense co-counsel for a TRW Automotive Inc. subsidiary in litigation over discontinuation of a retiree health care plan. A federal judge rejected the plaintiffs’ bid for class certification and summary judgment, and ruled that the matter must be arbitrated.
“Corporate Counsel Expect a Busy Year”
Boston Business Journal, December 23, 2011
Mark Pearlstein noted that “one of the consequences of increased regulation is that it does drive up demand for lawyers who’ve got expertise in the relevant areas.” Mr. Pearlstein cited in particular the anti-fraud provision in the health reform law for a health provider’s failure to make timely refund of a reimbursement overpayment, which “create[s] the basis for a violation of the False Claims Act by up to three times the overpayment, plus penalties” for an action that previously could have been considered a billing mistake.
Mark W. Pearlstein, White-Collar & Securities Defense
“Corzine’s ‘Intent’ Was to Head Off Possible Claims, Lawyers Say”
Bloomberg News, December 22, 2011
Stephen Ryan said that the testimony given in Congress by Jon Corzine, a former U.S. senator and New Jersey governor before becoming CEO of the MF Global firm that since filed for bankruptcy, conveyed information “clearly, precisely” and in a way “not subject to misinterpretation.”
Stephen M. Ryan, Government Strategies
“Innospec Agent Gets 30 Months for Iraqi Bribery Scheme”
Law360, December 22, 2011
James Commons was defense co-counsel for a former Iraqi agent of Innospec Inc., who pled guilty on two counts for his role in a conspiracy involving the United Nations Oil-for-Food program and payments to ex-Iraqi government officials.
James M. Commons, White-Collar & Securities Defense
“Judges in Three States Weigh Hostile Bid for Vulcan”
The Deal Pipeline, December 21, 2011
Raymond Jacobsen was noted as antitrust counsel to Martin Marietta Materials Inc. in a disputed takeover bid involving Vulcan Materials. The controversy includes claims filed in three different courts involving corporate, contract and federal securities laws.
Raymond A. Jacobsen Jr., Antitrust & Competition
“U.S. Court Rips Texas ABC on First Amendment, Other Grounds”
Kane’s Beverage News Daily, December 21, 2011
Marc Sorini said that the ruling by a federal judge striking down Texas alcohol regulations “represents a significant First Amendment decision implicating a number of rules mirrored in” regulations of various states and of the federal Alcohol and Tobacco Tax & Trade Bureau. “The industry accordingly should watch any further proceedings in this case with interest,” Mr. Sorini added.
Marc E. Sorini, Alcohol Regulatory & Distribution
“Political Panel: ‘This Has Become the Chicken Little Congress’”
New England Cable Network, December 19, 2011
Daniel Haley conducted a wide-ranging TV interview about current politics and said that the controversy over a possible January 1 payroll tax increase and cut-off of extended unemployment benefits involved “an artificial deadline – a game of political chicken.” He predicted that Congress would successfully resolve both issues. Mr. Haley, previously Deputy Legal Counsel to former Massachusetts Governor Mitt Romney, said he expected that Republicans are “ultimately going to settle down with Mitt” as their presidential nominee.
Daniel P. Haley, Government Strategies
Inadmissible
National Law Journal, December 19, 2011
Amandeep Sidhu commented on the success of his client (Maj. Kamaljeet Singh Kalsi, one of the U.S. Army's first Sikh soldiers to be allowed to wear a faith-required beard and turban) who was awarded the Bronze Star Medal for his service as a doctor in Afghanistan. "I think that it really just goes to show the commitment that our clients have to serving the country and their demonstrated ability to not only meet but far exceed the standards set for soldiers," Sidhu said.
“Asia’s Allure Deepens”
The Wall Street Journal, December 19, 2011
Jeffrey Stone noted that “Western companies simply need a lot of help navigating China,” a fact that McDermott has recognized in its strategic alliance with MWE China Law Offices, which has China-trained lawyers based in Shanghai.
Jeffrey E. Stone, International, White-Collar & Securities Defense
“Treasury, IRS Officials Preview Coming International Guidance”
Tax Notes Today, December 19, 2011
David Noren speaking at the annual IRS-GWU international tax conference, said that one of the most interesting aspects of recent IRS guidance on the subpart F foreign base company sales income rules was the statement in the preamble that the IRS and Treasury continue to study additional foreign base company sales income issues and may issue future guidance on when a branch should be treated as a separate corporation under the branch rule and the scope of, and relationship between, the foreign base company sales and foreign base company services rules.
David G. Noren, International Tax, Tax
“S.F’s Zynga Aims to Strike it Rich with IPO Today”
The San Francisco Chronicle, December 16, 2011
Mark Mihanovic stated that, even if the initial public offering of online gaming company Zynga is successful, “It’s difficult to say … that the IPO market is going to be vibrant in 2012. Having said that,” Mr. Mihanovic added, “if world events stabilized from an economic standpoint, there is a significant pipeline of companies that are looking to go public.”
“ITC to Probe Rovi’s IP Claims Against Vizio, Haier”
Law360, December 16, 2011
Joel Freed, David Larson, Hong Lin, Yar Chaikovsky, Jeremiah Armstrong, Cary Chien, Christopher Paulraj and Alexander Ott were listed as representing Rovi Corporation in an International Trade Commission claim that two importers of televisions and Blu-ray players infringe Rovi’s patents for interactive program guides and parental control technology.
Jeremiah Armstrong, Yar R. Chaikovsky, Cary Chien, Joel M. Freed, David L. Larson, Hong S. Lin, Alexander P. Ott, Christopher G. Paulraj, Intellectual Property, IP Litigation
“Same Rules, Different Ball Game”
The Deal Pipeline, December 16, 2011
Raam Jani, who with Ryan Harris represented two young entrepreneurs in creating a “search fund” capital pool for acquiring and managing lower middle market companies, said that lawyers typically “don’t want to get involved” with such a fund until assured that the searchers “are going to be able to raise their search capital.” Because such young capitalists “probably don’t have a whole lot of personal assets to put into the transaction,” Mr. Jani felt it “unlikely” that investors would sue a failed fund. “They can spend a lot of money, but you can’t get blood out of a rock,” he noted.
Ryan D. Harris, Raam S. Jani, Corporate
“Law Firms Lend Helping Hand to Organization”
Chicago Lawyer, December 15, 2011
Todd Solomon discussed how his legal action to secure appropriate special education for his son led to his pro bono work for nonprofit advocacy organization Equip for Equality. “I experienced firsthand how difficult the special education process was to navigate, even as a lawyer,” Mr. Solomon said. “It’s pretty complicated from a legal standpoint to know what your rights are and how to enforce those rights.” Mr. Solomon is pro bono co-chair for the Chicago office, and McDermott is one of 14 law firms giving pro bono help to Equip for Equality.
Todd A. Solomon, Employee Benefits, Pro Bono & Community Service
“Firm Life”
Chicago Lawyer, December 15, 2011
Randall Ortman has been appointed as a board of directors member for the Lesbian and Gay Bar Association of Chicago.
“IRS Takes Hard Line on Interest-First Ordering Rules in Debt-for-Equity Regs”
Tax Notes Today, December 14, 2011
Blake Rubin, at a December BNA Tax Management luncheon in Washington, questioned the IRS authors of recently issued debt-for-equity regulations regarding the tax treatment of whether the creditor could take a loss on certain elements in such exchanges.
Blake D. Rubin, International Tax, Tax
“People on the Move”
Congressional Quarterly, December 14, 2011
Stephen Ryan, head of McDermott’s government strategies group, was appointed to the board of directors of Operation HOPE, a campaign to reduce poverty.
Stephen M. Ryan, Government Strategies
“10 Chicago Firms Get Perfect Scores for LGBT Equality”
Chicago Daily Law Bulletin, December 14, 2011
McDermott Will & Emery was one of 55 law firms to get a perfect rating in the Human Rights Campaign (HRC) 2012 Corporate Equality Index survey. Lisa Linsky, said, “We are very pleased. We work hard to get and maintain that score.” Ms. Linsky explained that the firm makes sure its policies meet HRC criteria and that it continues to build a presence in the LGBT community.
Family Offices Seek Shield From SEC Disclosure
Bloomberg News, December 13, 2011
Mark Selinger cited the example of a family office that transferred management of a college savings account previously managed for the family’s security head as an example of the changes that these wealth management services must make due to tighter SEC scrutiny under the Dodd-Frank Act. Mr. Selinger said he expects more such changes in order to avoid enforcement action, adding, “Family offices tend to be very averse to negative publicity.”
“Early EMR Adopters Get a Break; Tougher Criteria Delayed to 2014”
American Medical News, December 12, 2011
Stephen Bernstein said the “main message” of a government announcement giving physicians who earn 2011 federal electronic medical record incentives more time to meet tougher standards for additional bonuses “is that there are federal government programs out there to help physicians, and the federal government isn’t going to stop offering help.” Mr. Bernstein said this is particularly relevant for physicians who are undecided about making a significant investment in electronic recordkeeping but who want to participate in new Medicare payment models.
“Ryan’s Still Got HOPE”
POLITICO, December 12, 2011
Stephen Ryan’s appointment to the national board of directors of Operation HOPE was noted.
Stephen M. Ryan, Government Strategies
“McDermott’s Ryan Appointed to National Nonprofit Board”
Blog of Legal Times, December 12, 2011
Stephen Ryan, founding chair of Operation HOPE’s Mid-Atlantic board, has been appointed to the national board of directors for the Los Angeles-based organization. Citing the group’s work to provide financial literacy and economic empowerment services to underserved neighborhoods, Mr. Ryan added, “Anything I can do to drive that would be wonderful.”
Stephen M. Ryan, Government Strategies
“Pitfalls of Inherited IRAs”
Wall Street Journal, December 10, 2011
Bobbi Bierhals advised single, divorced or remarried parents serving as guardians of a child who inherits an IRA account to set up a “see-through” trust to protect an inherited IRA’s assets and handle annual distributions.
Bobbi J. Bierhals, Private Client
“Ways and Means May Look at Subpart F in Territorial System, Committee Aide Says”
BNA Daily Tax Report, December 9, 2011
David Noren was noted as co-leader on a panel hosted by the D.C. Bar Section of Taxation’s International Tax Committee, which discussed specific changes that might be required under a proposal before the House Ways & Means Committee to move the U.S. toward a territorial tax system.
David G. Noren, International Tax, Tax
“Corzine’s ‘Intent’ at Hearing Was to Head Off Possible Claims, Lawyers Say”
Bloomberg News, December 9, 2011
Stephen Ryan, speaking of the careful language that former MF Global Holdings CEO Jon Corzine used in Congressional testimony about the firm’s bankruptcy, noted of Corzine that, “A decisive figure like a former and governor and senior Goldman Sachs official says things clearly, precisely and is not subject to misinterpretation.” Mr. Ryan added, “In every witness’s day in the congressional dock, there are probably phrases he wished he hadn’t uttered.”
Stephen M. Ryan, Government Strategies
“Nestle’s Acquisition of Hsu Fu Chi Approved”
Want China Times, December 9, 2011
Frank Schoneveld asserted that “China is now saying that it is open to multinational companies,” in the wake of Chinese antitrust regulatory approval of Nestle’s bid to buy a major Chinese candy maker.
Frank Schoneveld, Antitrust & Competition
“Moves and Appointments”
Tax Notes Today, December 8, 2011
Madeline Chiampou, Nathaniel Dorfman, Caroline Hong Ngo, Lindsay LaCava and Timothy Shuman were noted as the Tax Practice associates named to McDermott’s partnership effective January 1, 2012.
Madeline M. Chiampou, Nathaniel J. Dorfman, Lindsay M. LaCava, Caroline Hong Ngo, Timothy S. Shuman, International Tax, State & Local Tax, Tax
“France Punishes Detergent Cartelists”
Global Competition Review, December 8, 2011
Lionel Lesur called a French Competition Authority fine against laundry detergent makers for cartel participation a “landmark” case with “very important impact” as the Authority’s first leniency case regarding consumer products while being its third highest fine ever. “All the companies applied for leniency and they all benefited from a fine reduction,” Mr. Lesur said. “This demonstrates that the leniency policy functions very well. Companies understand the benefits of applying for leniency, because they have a financial interest in doing so.”
“CMS Supports Medicare Plans’ Ability to Collect Under Secondary Payer Law”
BNA Health Law Resource Center, December 8, 2011
Arthur Sapper said that a Centers for Medicare & Medicaid Services memo urging Medicare Advantage organizations to collect for services when other entities are primary payers is important because previous court decisions indicated no such collection right existed. “Although you can’t ‘unring’ bells when it comes to previous court rulings,” Mr. Sapper added, courts in future decisions will need to defer to the CMS view that previous decisions misunderstood the statute.
Arthur G. Sapper, Health, OSHA, MSHA & Catastrophe Response
“Life Support for Ailing Hospitals?”
Kaiser Health News, December 8, 2011
Eric Zimmerman said that possible cuts in federal spending to support small, rural “critical access hospitals” could result in hospital closures that “can have an outsized economic impact” on the towns where the hospitals are located. “Hospitals are like schools,” Mr. Zimmerman asserted. “Businesses aren’t going to locate in a town where there aren’t schools, and they aren’t going to locate in a town where there isn’t a hospital.”
“China Approves Nestle’s Candy Maker Purchase”
Reuters, December 7, 2011
Frank Schoneveld, assessing the foreign purchaser impact of China’s regulatory approval for Nestle to buy a 60% stake in a major Chinese candy company, noted that “there had been a concern that if you were doing a transaction that involved a major Chinese brand it would be difficult to get [approval] through. This deal, together with the earlier Yum Brands-Little Sheep transaction, shows that’s not the case.”
Frank Schoneveld, Antitrust & Competition
“Capital Sources: Health-Care Technology Sector ‘White Hot’ for Investors”
Daily Business Review, December 7, 2011
Ira Coleman, who focuses on healthcare industry mergers & acquisitions and recapitalizations, said that the “last two years have been incredibly active” for such transactions, adding that he currently has “three deals that are active and another one in the pipeline. That’s very busy for me and my team.” Mr. Coleman noted that healthcare has “been a white-hot sector, because M&A activity came back and everybody wanted to be in health care.”
“China Clears Nestle $1.7bn Bid for Confectionery Maker”
BBC News, December 7, 2011
Frank Schoneveld commented that China’s regulatory approval for the Nestle-Hsu Fu Chi and Yum Brands-Little Sheep transactions shows that it’s not the case that foreign companies will find approval difficult when purchasing all or part of popular Chinese companies.
Frank Schoneveld, Antitrust & Competition
“Congress Considers Tax Reform of Financial Products”
Accounting Today, December 7, 2011
Andrea Kramer asserted at a joint Congressional hearing that, although there is much focus on how derivative financial products may have “inappropriate or illegitimate uses to game the tax system,” derivatives are in fact “economically valuable financial products and are principally used for legitimate risk management and hedging purposes.”
Andrea S. Kramer, International Tax, Tax
“Beijing Approves Nestle’s Purchase of Candy Maker”
South China Morning Post, December 7, 2011
Frank Schoneveld noted that Chinese government approval of two major recent acquisitions by foreign companies shows that approval is possible even when the acquisitions involve popular Chinese firms.
Frank Schoneveld, Antitrust & Competition
“Fighting Movie Piracy Seen Likely to Swamp U.S. Trade Agency”
Bloomberg News, December 7, 2011
Paul Devinsky said that a proposal for the International Trade Commission to do more policing of foreign websites accused of Internet and media piracy would require new judges, support staff, hearing rooms and an expansion of the Office of Unfair Import Investigations. “You’re not going to see too many of these foreign websites show up with lawyers,” Mr. Devinsky noted. “Someone’s going to have to stand up for the public interest to make sure there’s no overreaching.”
Paul Devinsky, Intellectual Property, Patent Prosecution
“Taxwriters, Panelists Agree on Need to Reform Taxation of Financial Products”
Tax Notes Today, December 7, 2011
Andrea Kramer told a joint Congressional panel considering tax overhaul for financial products that “from an administrative and policy standpoint, … it would be very, very difficult to impose a mark-to-market system” for valuation of privately traded securities and similar products. She suggested instead that avoiding abuse and encouraging economic development can be better accomplished by “putting more transactions into the hedging and risk management bucket.”
Andrea S. Kramer, International Tax, Tax
“China Opens Wider to Takeovers”
Wall Street Journal, December 7, 2011
Frank Schoneveld stated that Chinese government antitrust approval for two purchases of Chinese companies by foreign-owned firms shows that “China is now saying that it’s open to multinational companies.”
Frank Schoneveld, Antitrust & Competition
“Strategies to Minimize Taxes Under Senate Scrutiny”
Investment News, December 6, 2011
Andrea Kramer advised a joint Senate-House hearing that, even if Congress imposed tighter tax rules for derivative financial products, it could take no more than 18 months for the creation of new products that skirt the goal of the rules. “Wherever there is an opportunity then there is going to be planning” to create such products, Ms. Kramer said.
Andrea S. Kramer, International Tax, Tax
“Tax Break for Transit Benefit Set to Expire at End of 2011”
SHRM Online, December 6, 2011
Ira Mirsky warned that if Congress does not extend the December 31 expiration of tax exclusions on employer-provided transit passes for employees, “Most employers will be left to pick up the pieces in this tough economy, and labor under higher payroll taxes at the same time.” Expiration would make employers and employees “feel like the rug is being pulled out from under them” due to the advance compensation planning needed in the event of expiration.” He urged Congress to remember that the purpose of the benefit is “to reduce pollution and traffic by creating incentives to encourage more commuters to use mass transit.”
Ira B. Mirsky, Employee Benefits
“Tax Derivatives Gets Capitol Hill Airing”
Wall Street Journal, December 6, 2011
Andrea Kramer told a joint Congressional committee considering changes for taxing financial products that “whatever changes are made, there will be new opportunities” for tax avoidance, adding her view that “eighteen months would be the outer limit” before such avoidance strategies appeared.
Andrea S. Kramer, International Tax, Tax
“U.S. Studies Derivatives That ‘Game’ Tax Rules”
Bloomberg News, December 6, 2011
Andrea Kramer said at a joint Congressional hearing on curbing financial product tax abuse that using a mark-to-market asset valuation system to “actually accomplish the reforms we’re talking about” would pose administrative and policy difficulties for assets that aren’t publicly traded or for which the value can’t be easily determined.
Andrea S. Kramer, International Tax, Tax
“Deadline for Puerto Rico Plan Spinoffs Approaching”
Tax Notes Today, December 6, 2011
Andrew Liazos cited “complexity and double tax issues” as reasons for sponsors of U.S. and Puerto Rico dual qualified retirement plans to spin the plans off tax-free before December 31. One key issue is the apparent IRS position that Puerto Rico plans do not qualify for group trust arrangements that Mr. Liazos said “provide economies of scale and unique investment opportunities” available to U.S. employees. He added that he is “hopeful there will be permanent relief for Puerto Rico-only plans or at least another extension” of the spin-off deadline.
Andrew C. Liazos, Employee Benefits
“Nevada Cancer Institute Looks to Sell”
Deal Pipeline, December 5, 2011
James Kapp, Gary Gertler and Esther Chang were noted as representing the proposed stalking horse bidder in the Chapter 11 bankruptcy sale of a Nevada nonprofit cancer institute’s oncology treatment business.
Esther Chang, Gary B. Gertler, James W. Kapp III, Corporate, Health
“Physicians Uncertain About Taking Part in ACOs”
American Medical News, December 5, 2011
Anne Hance suggested that “in a large part, it’s going to be a business decision that takes in a variety of factors” as to whether physicians join the collaborative accountable care organizations (ACOs) encouraged by the health reform law.
Anne W. Hance, Accountable Care Organization Resource Center, Health
“The Best of 2011”
State Tax Notes, December 5, 2011
Arthur Rosen was named by this authoritative publication as “one of the top 10 individuals who influenced tax policy and practice” and “one of the top 10 tax lawyers” for 2011.
Arthur R. Rosen, State & Local Tax, Tax
“Chamber Asks High Court to Nix Fraud Suit Against Deloitte”
Law360, December 2, 2011
Eugene Goldman and M. Miller Baker represented the U.S. Chamber of Commerce in filing an amicus brief with the U.S. Supreme Court urging reversal of a lower court ruling that affirmed fraud claims against Deloitte & Touche. The brief contends that the claims are precluded by federal securities law.
M. Miller Baker, Eugene I. Goldman, Trial, White-Collar & Securities Defense
“Herbert Smith Paris Hires Bouygues Travaux Publics GC”
The Lawyer (UK), December 2, 2011
Jacques Buhart was noted as joining McDermott’s Paris office earlier this year after formerly heading the corporate practice at the Paris office of another leading international law firm.
“Judge Refuses to Lift Ban on Generic Lovenox”
Law360, December 2, 2011
Thomas Steindler was noted as co-counsel for two major pharmaceutical firms alleging that generic drug makers have infringed a patent on a blood-thinning drug for which the two firms hold an exclusive license. A Massachusetts federal court denied a request by the generics to quash an injunction that bars them from selling their own version of the drug.
“On the Move: New Partners”
The Recorder, December 2, 2011
Eric Levinrad (Los Angeles), Lynne Boisineau and Ahsan Shaikh (both Orange County) were noted as California office lawyers among the 29 attorneys firm-wide elected to McDermott’s partnership effective January 1, 2012.
Lynne Boisineau, Eric Levinrad, Ahsan A. Shaikh, Intellectual Property, IP Litigation, Patent Prosecution
“Young Folks at the Bar”
Legal Bisnow, December 2, 2011
Brian Benko was pictured as one of nine Washington, DC lawyers taking part in round one of the DC Bar Foundation’s Young Lawyers Network.
Brian A. Benko, Employee Benefits
“Washington’s Best Lawyers”
Washingtonian, December 2011
Included in this assessment of “Washington’s very best legal talent” were McDermott DC office partners Margaret Warner (insurance litigation), Stephen Becker and Joel Freed (both intellectual property) and Blake Rubin (tax).
Stephen A. Becker PC, Joel M. Freed, Blake D. Rubin, Margaret H. Warner, Insurance, Intellectual Property, IP Litigation, Patent Prosecution, Tax
“Lawyers Giving Back: Bundles of Love”
ABA Journal, December 2011
Menna Eltaki, Latonia Keith, Carol Harrington and Elise Beyer were pictured creating “Bare Necessities Bundles” of clothing, diapers and personal care items for women and children at a local Chicago women’s treatment center, as part of the inaugural “Together for a Cause” event co-sponsored by McDermott and LexisNexis.
Menna Eltaki, Carol A. Harrington, Latonia Haney Keith, Elise J. McGee, International Tax, Private Client, Pro Bono & Community Service, Tax
“A New Mother of Invention: After Years of Setbacks, Patent Reform Finally Makes It Through”
ABA Journal, December 2011
Yar Chaikovsky said that, although the America Invents Act patent reform law made many patent system changes that had long been sought, it is unlikely to satisfy the business and patent communities for long. “Within two to three years, we will be talking about patent reform again. You can bank on it,” Mr. Chaikovsky asserted.
Yar R. Chaikovsky, Intellectual Property, IP Litigation
“Hearing on Financial Products Taxation Announced”
BNA Daily Tax Report, December 1, 2011
Andrea Kramer was noted as one of the witnesses slated for a December 6 joint hearing of the Senate Finance and House Ways & Means Committees to consider tax reform and taxation of financial products.
Andrea S. Kramer, International Tax, Tax
“Despite Judges Reining in Damages Awards, Patent Litigation Shows Growth”
Corporate Counsel, December 1, 2011
Sarah Chapin Columbia noted that the Federal Circuit, attempting to reduce damages awards in patent suits, has “made it a mission to get the word out about how damages should be calculated, and that’s had an impact on recoveries.” However, despite the new postgrant review process provided in the patent reform law to reduce patent litigation, Ms. Columbia said “I don’t think there will be the rush to postgrant review that some people are claiming, because the cost of giving up later court arguments is pretty high.” As a result, she doubted that the law “is going to have too much of an effect on [litigants] and the volume and frequency with which they file.”
Sarah Chapin Columbia, Intellectual Property, IP Litigation
“Why is the Supreme Court Reluctant to Take Up a State Tax Appeal?”
Tax Incentives Alert, December 01, 2011
Arthur Rosen was quoted about why the Supreme Court is often loath to hear a tax dispute. “I think that what you see is an unwillingness by the Supreme Court to deal with cases that it feels should be resolved by Congress. You look at Quill, and the court said Congress should deal with it because it is a Commerce Clause case revolving interstate commerce and Congress should regulate that. Most of the cases that are denied are dormant Commerce Clause cases.”
Arthur R. Rosen, State & Local Tax, Tax
“Big Wind Aims to Crash PE, Oil Cos.’ Partnership Party”
Law360, November 30, 2011
Blake Winburne commented that one reason why wind energy developers are looking for new financing sources (such as master limited partnerships) is that “investment returns are falling in the wind business and private equity is investing less… In private equity, everything is based on returns.”
Blake H. Winburne, Energy Advisory
“McDermott Promotes in Brussels”
Global Competition Review, November 30, 2011
Andrea Hamilton was featured as a new partner in the Firm’s Brussels competition practice effective January 1, 2012. "I am very pleased to have been promoted to partner,” she said. “McDermott has a wonderful competition law practice on both sides of the Atlantic, and I am honored to be part of its expansion at the partnership level.”
Andrea L. Hamilton, Antitrust & Competition
“Columbus Center Developer Fined”
The Boston Globe, November 30, 2011
Mark Pearlstein noted that his client, an affiliate of an affordable housing developer, has instituted changes to ensure future compliance with campaign finance laws in the wake of a fine for improperly giving campaign contributions to Massachusetts politicians. “This is truly an aberrant episode in [the company’s] 40-year history,” Mr. Pearlstein said regarding the fine.
Mark W. Pearlstein, White-Collar & Securities Defense
“Columbus Center Developer Fined $1.6m”
The Boston Globe, November 30, 2011
Mark Pearlstein speaking on behalf of his client Winn Columbus Center noted that the company has instituted an array of reforms to ensure compliance with campaign finance laws in the future. For example, he said, the company has prohibited employees from soliciting campaign contributions from vendors who work with the company, which accounted for a large part of the illegal giving at issue in the case.
Mark W. Pearlstein, White-Collar & Securities Defense
“Shady Campaign Gifts Earn Boston Developer $1.6M Fine”
Law360, November 30, 2011
Mark Pearlstein and Daniel Haley were noted as counsel to the company behind a Boston development project that received a fine and probation for improper political contributions.
Daniel P. Haley, Mark W. Pearlstein, Government Strategies, White-Collar & Securities Defense
“Power Circuit: Morgan Lewis Loses One Partner, Gains Another”
Washingtonian, November 30, 2011
Christopher May, Rita Weeks, David Crump, Alison Levin Nadel, Nathaniel Dorfman, Caroline Hong Ngo, Timothy Shuman, Amy Hooper Kearbey, Joanna Kerpen were cited as the Firm’s ten new Washington, D.C. partners effective January 1, 2012. The article also said that the Firm welcomed a new partner from Morgan Lewis & Bockius, Karol Lyn Newman who has joined the Energy Advisory practice.
David O. Crump, Nathaniel J. Dorfman, Amy Hooper Kearbey, Joanna C. Kerpen, Christopher L. May, Alison Levin Nadel, Karol Lyn Newman, Caroline Hong Ngo, Timothy S. Shuman, Rita Weeks, Employee Benefits, Energy Advisory, Health, Intellectual Property, International Tax, IP Litigation, Patent Prosecution, Tax
“IRS Releases Sample Plan Amendment That Addresses Benefit Restrictions”
Tax Notes Today, November 30, 2011
David Rogers, commenting on a new IRS sample plan amendment for certain employee benefit plans, said that such sample documents “are always welcomed so that practitioners have a better sense of what is acceptable language to the IRS.” Brian Benko agreed, comparing sample plan amendments to Lego blocks: “If you stack [them], you’re guaranteed, more or less, to connect with the terms that are already in the plan, and you can start building on top of it and pick and choose which blocks you want to use.”
Brian A. Benko, David E. Rogers, Employee Benefits
“Defunct Bank Reaches $1M Deal to End ERISA Action”
Law360, November 30, 2011
Thomas Ryan, Charles Weir, Gregory Jones and Jason Strabo represented a California bank that had been closed by regulators, in a class action settlement with plaintiffs regarding claims that involve employee retirement plans under ERISA.
Gregory R. Jones, Tom Ryan, Jason D. Strabo, Charles E. Weir, Trial
“Chinese Wheel Co. Fights ITC Secrets Ruling in Fed. Circ.”
Law360, November 29, 2011
Joel Freed, Geoffrey Vance and Steven Hoeft were noted as McDermott co-counsel to a Chinese importer of railway wheels in appealing to the full Federal Circuit Court of Appeals for a rehearing of an International Trade Commission trade secrets ruling.
Joel M. Freed, Steven H. Hoeft PC, Geoffrey A. Vance, Intellectual Property, IP Litigation, Trial
“Simpson Thacher, Sullivan & McDermott Announce New Partners for 2012”
Legal Week, November 29, 2011
Peter Sacripanti cited the “hard work, good judgment and outstanding dedication to their clients” of the 29 lawyers that McDermott promoted to the partnership for 2012, adding that the lawyers “have the leadership qualities necessary to help guide the firm into the future.” The new partners are located in eight U.S. and three European offices of the Firm.
“Movers & Shakers: Nov. 29, 2011”
Deal Pipeline, November 29, 2011
The 29 lawyers named new partners in McDermott for 2012 were listed. They come from 10 different practice areas and groups, with Tax, Employee Benefits and Trial having the most representatives.
“McDermott Adds 29 to Partnership in US and Europe”
The Lawyer, November 29, 2011
Jeffrey Stone commented that almost half of the 29 lawyers named partner in McDermott effective January 1, 2012 are women, “reflecting our deep commitment to creating a diverse network of leaders across this firm.” This UK article also noted that the number of new partners promoted by McDermott “dwarfs” similar announcements made by two other large U.S. firms with London offices.
Jeffrey E. Stone, White-Collar & Securities Defense
“FTC Keeps Up Interest in Healthcare Deals”
Modern Healthcare, November 28, 2011
Jeffrey Brennan, representing one of two Rockford, Illinois hospitals whose merger is being challenged by the Federal Trade Commission, pointed out several distinctions in this transaction when compared to another deal that the FTC rejected in the same city 20 years ago. Among the 2011 differences Mr. Brennan cited are the smaller size of today’s merger participants, the metro area’s decline in population and economic activity, and the fact that the FTC approved a proposed 1997 merger involving one of the two hospitals involved in the current deal.
Jeffrey W. Brennan, Antitrust & Competition
“In the Law Firms”
Chicago Daily Law Bulletin, November 28, 2011
Erin Arnold (Trial), Brett Johnson (Employee Benefits), Kevin Miller (Health), Maureen O’Brien (Employee Benefits), Amol Parikh (Intellectual Property) and Adam Sherman (Private Client) were the Chicago office lawyers among the 29 new global partners that McDermott announced effective January 1, 2012.
Erin Arnold, Brett R. Johnson, Kevin L. Miller, Maureen O'Brien, Amol Parikh, Adam Sherman, Employee Benefits, Health, Intellectual Property, Private Client, Trial
“McDermott, Venable Add Lawyers to Energy Groups”
Washington Post, November 27, 2011
Karol Lyn Newman became the fourth partner added to McDermott’s global energy practice in the past four months, as she joined the Washington office to advise natural gas and other energy clients on regulatory matters.
Karol Lyn Newman, Energy Advisory
“Feds, State Move Cautiously on Internet Sales Tax Plans”
Boston Business Journal, November 25, 2011
Arthur Rosen defined the primary issue for making Internet retailers pay state and local sales tax as, “Can a state require a seller with no physical presence in a state to collect and remit sales tax on sales made to customers in that state.” Mr. Rosen noted that controversy over taxing out-of-state retailers dates at least to the 1930s, when mail-order catalogues were the concern.
Arthur R. Rosen, State & Local Tax, Tax
“The Churn: Lateral Moves and Promotions in the AmLaw 100”
AmLaw Daily, November 23, 2011
Karol Lyn Newman was noted as new partner in the Firm’s Washington, DC Energy Advisory group. Ms. Newman’s natural gas regulatory focus emphasizes issues involving liquefied natural gas, coal gasification, and natural gas storage and transportation projects. She also represents clients before Congress and federal regulators at the Departments of Energy and the Interior, and the Environmental Protection Agency.
Karol Lyn Newman, Energy Advisory
“U.K. Officials, ‘Under Pressure’ from U.S., Struggle to Bolster Privacy Act Prosecutions – Panel”
Thomson Reuters Trust Law November 23, 2011
Gordon Greenberg called U.S. Justice Department and SEC prosecutions under the Foreign Corrupt Practices Act “a money-making enterprise.” Mr. Greenberg cited the more than $1 billion in FCPA fines and penalties that the agencies have taken in during the past year, which he ascribed to the “tremendous” resources they have dedicated to enforcement.
Gordon A. Greenberg, SEC Defense, White-Collar & Securities Defense
“Woman May Lose Same-Spouse’s Death Benefits to Homophobic In-Laws”
Lawyers.com, November 23, 2011
Todd Solomon explained that because the federal Defense of Marriage Act and some state statutes define marriage as being between opposite-sex spouses, same-sex spouses and their employers face issues under ERISA and IRS rules when designating spousal beneficiaries for employee benefit plans. “Employers … need to do careful plan drafting and they need to define the word ‘spouse,’” Mr. Solomon said, while “for employees, you should always name your beneficiary.”
Todd A. Solomon, Employee Benefits
“In Hot Market, Energy Lawyers Jumping Between D.C. Law Offices”
Blog of Legal Times, November 22, 2011
Karol Lyn Newman, who was described as a “go-to natural gas regulatory partner,” joined McDermott’s Washington office. Ms. Newman called the move “an amazing fit” that “blends the strength of my regulatory practice with McDermott’s internationally recognized transactions practice in the energy area.”
Karol Lyn Newman, Energy Advisory
“McDermott Will & Emery Powers Up with New Hire”
POLITICO, November 22, 2011
Karol Lyn Newman, as a new Energy Advisory group partner, not only represents the legal interests of energy companies, private equity investors and power and gas interests, she also has represented a major utility supplier of electric power and natural gas service.
Karol Lyn Newman, Energy Advisory
“U.S. Chamber Raises Concerns on Republican Overseas Tax Plan”
Bloomberg News, November 22, 2011
David Noren testified at a congressional hearing about a proposal to move toward a territorial tax system used by most other countries, in which overseas corporate earnings are exempt from domestic taxation. He said that there is a danger that the proposal tries too much to protect the domestic tax base. “The one thing that could push us outside of international norms would be if we got too aggressive in pushing base erosion and interfering with common business models,” Mr. Noren said.
David G. Noren, International Tax, Tax
“Budget Panel Fails to Reach Deal, Triggering Health Cuts in 2013”
BNA Health Law Resource Center, November 22, 2011
Eric Zimmerman warned that, although the congressional debt reduction panel did not agree on larger Medicare payment cuts than the automatic 2% reduction set for 2013, “Just because we have dodged the bullet for now does not mean we have dodged it for good.” Mr. Zimmerman said that physicians “ignore … at [their] own peril” the fact that Congress will continue to target health spending as the main driver of federal spending, resurrecting some of the same cuts discussed by the deficit panel.
Eric Zimmerman, Health, Health Care Law Reform
“Market Slump Bodes Ill for Year-End IPOs”
MarketWatch, November 21, 2011
Thomas Conaghan, observing that several recent IPO issues declined on their debuts, said that “another deal’s bad fortune leaves a bad taste in the market for further new issuance. Everyone wants to be pricing in a good environment, and a good environment is when every other IPO is trading up.”
“As Health Lobby Looks Past Supercommittee, ‘Doc Fix’ Trumps Medicare Cuts”
The Hill, November 21, 2011
Eric Zimmerman predicted that, although Medicaid reimbursement to physicians is shielded from automatic cuts that kick in following failure of a congressional panel to agree on specific deficit reductions, “it’s just a matter of time before we’re back in the same kind of dialogue” on how to reduce payments to doctors.
Eric Zimmerman, Health, Health Care Law Reform
“China Telecom, Unicom Admit Fault in Antitrust Case, Caixin Says”
Bloomberg News, November 21, 2011
Frank Schoneveld was cited for his earlier comments that an antitrust investigation in which two Chinese telecom companies have reportedly admitted fault was the first antitrust probe against state-controlled companies taken by a Chinese government agency.
Frank Schoneveld, Antitrust & Competition
“Clock’s Ticking: Deadlock Leaves Industry Anxious”
Modern Healthcare, November 21, 2011
Eric Zimmerman suggested that the Supercommittee’s failure to agree on debt reduction provisions “doesn’t mean that other proposals can’t come together in either chamber in the month that’s remaining.” He added that once the clock starts ticking on automatic spending cuts on January 2, “Congress can come in any time before 2013 specifying how cuts can be made between now and then.”
Eric Zimmerman, Health, Health Care Law Reform
“Treasury Issues Regs Targeting Misinterpretation of All-Cash D Rules”
Tax Notes Today, November 21, 2011
Michael Wilder presented nearly two years ago at a BNA Tax Management luncheon an interpretation of all-cash D reorganization rules that some tax practitioners suggest is now at least partially contained in a set of temporary and proposed regulations issued by the Treasury Department to clarify the issue.
Michael J. Wilder, International Tax, Tax
“The Most Tax-Savvy Use of a Health Savings Account”
Forbes, November 21, 2011
Susan Nash explained that that employees at companies with health savings accounts need to get used to high-deductible health plans by paying out-of-pocket for health expenses using tax-advantaged HSA funds up to the deductible limit. “It’s a different mindset writing a check for $300 instead of $20 [with an HMO or PPO health plan],” she said.
Susan M. Nash, Employee Benefits, Health and Welfare Benefit Plans
“Shifting the Pro Bono Paradigm”
The Washington Post “Capital Business,” November 21, 2011
Guy Collier, chair McDermott’s pro bono and community service committee, said that providing resources to enable lawyers at or near retirement to continue doing pro bono work is “being internally discussed. It hasn’t quite crystallized yet. One of the things we’re assessing is how interested retiring lawyers will be once they leave partnerships. We’re having those discussions with folks who may be candidates.”
H. Guy Collier, Pro Bono & Community Service
“Tax Attorneys Praise Camp Territorial Plan at Hearing but Seek Changes to Subpart F”
BNA Daily Tax Report, November 18, 2011
David Noren observed that the success of congressional efforts to move the U.S. toward a territorial tax system with domestic tax exemption for offshore corporate earnings “will depend critically on the resolution of key design issues raised by exempting foreign subsidiary dividends.” Depending on how this and other issues are addressed, he added, a territorial tax system “could increase, decrease or have a roughly neutral effect on the overall U.S. tax burden on U.S.-based multinationals.”
David G. Noren, International Tax, Tax
“Territorial Draft’s Deemed Repatriation is Best Available Choice, Experts Testify”
Tax Notes Today, November 18, 2011
David Noren supported a provision for eight-year repatriation of U.S. corporations’ offshore profits as part of a bill to institute a territorial system of international taxation, saying it gives companies time to deal with possible liquidity issues when repatriating money invested overseas.
David G. Noren, International Tax, Tax
“Complex Out-from-Under Transaction ‘Particularly Obnoxious,’ IRS Official Says”
BNA Daily Tax Report, November 18, 2011
Lowell Yoder was noted as one of several speakers from major law firms at a November 16 Practising Law Institute conference on complex cross-border taxation issues.
Lowell D. Yoder, International Tax, Tax
“Are Those Estate-Tax Rumors Real?”
Wall Street Journal, November 18, 2011
Carol Harrington said that she could not “find any substantiation” for Internet rumors that Congress is seeking to raise the rate and lower the exemption for the estate tax, adding that such a change “makes no sense and would be highly unfair to taxpayers who have been told they have at least two years to make gifts at the higher exemptions.” Nonetheless, Ms. Harrington said that tax practitioners “have enough sense to know that we cannot predict what Congress is going to do,” and urged clients to “avoid risk by doing gifts as soon as possible, even if that risk is small.”
Carol A. Harrington, Private Client, Trust & Estate Controversy
“Bejing’s Antitrust Watchdogs Sharpen Their Teeth”
Reuters, November 16, 2011
Frank Schoneveld warned that foreign companies in China should take recent government anti-monopoly steps “as a real wake-up call because so far the attitude has generally been that they don’t need to worry about the anti-monopoly law just yet.” He predicted that the government’s anti-monopoly enforcement process “will speed up as [regulators] have more resources. They’ll take on more cases and we’ll see more action.”
Frank Schoneveld, Antitrust & Competition
“Rovi Launches ITC Suit Over TV Guide, V-Chip Patents”
Law360, November 16, 2011
Joel Freed, David Larson, Hong Lin, Yar Chaikovsky, Jeremiah Armstrong, Cary Chien, Christopher Paulraj, and Alexander Ott represent client Rovi Corp. in an International Trade Commission complaint against two electronics manufacturers for importing televisions and Blue-Ray players that infringe patents covering on-screen program guides and parental controls.
Jeremiah Armstrong, Yar R. Chaikovsky, Cary Chien, Joel M. Freed, David L. Larson, Hong S. Lin, Alexander P. Ott, Christopher G. Paulraj, Intellectual Property, IP Litigation
“Supreme Court Finds State Tax Cases as Appetizing as Rhubarb, But Why?”
State Income Tax Monitor, November 15, 2011
Arthur Rosen attributed the US Supreme Court’s reluctance at considering state and local tax cases to “an unwillingness by the Supreme Court to deal with cases that if feels should be resolved by Congress,” particularly those related to the Commerce Clause. However, Mr. Rosen stated that he believes “the court needs to be more active. There are three branches of government and they overlap.”
Arthur R. Rosen, State & Local Tax, Tax
“China Sets Antitrust Milestone with Investigation into Large SOEs”
The Financial Times, November 15, 2011
Frank Schoneveld asserted that the Chinese government’s antitrust investigation of two large telecom state-owned enterprises (SOEs) “clearly demonstrates the Chinese government is getting serious about the anti-monopoly law [AML]. SOEs were never immune from the AML, although many assumed they would be, so this is a big wake-up alarm to those who thought it would be much longer before the AML would be enforced vigorously by China’s antitrust agencies.” Mr. Schoneveld added that “large foreign companies in particular had better make sure their China operations are compliant with the AML.”
Frank Schoneveld, Antitrust & Competition
“FTC Splitter Guidance to Target Even Nonabusive Planning”
Tax Notes Today, November 15, 2011
Lowell Yoder noted, in connection with a discussion of proposed foreign tax credit rules at the annual Federal Tax Conference sponsored by the University of Chicago Law School, that in 2008 U.S. corporations claimed $100 billion worth of the credits.
Lowell D. Yoder, International Tax, Tax
“401(k)s: Watch Out for Speed Bumps”
CFO.com, November 15, 2011
Joseph Adams advised that fast-growing companies can avoid discrimination problems with 401(k) plans that are over-weighted in key executive contributions, saying, ““You can basically buy your way out of the discrimination tests by setting up matching safe harbors.” Mr. Adams noted that options to do this and achieve safe-harbor status include employers committing to match at least 3% of employees’ contributions, vesting the contributions faster, and in some cases automatically enrolling employees in the plan.
Joseph S. Adams, Employee Benefits
“Into the IPO Ring”
Portfolio.com, November 14, 2011
Mark Mihanovic said he expected other companies to pursue initial public offerings following the success of Groupon’s IPO, because “there was a backlog looking for…some stabilization in the market. Windows open and close, particularly in a volatile market and when the windows open you want to go through it,” especially now to avoid the distractions of the holidays and planning for 2012.
“What Boards Need to Know about Corporate Political Spending”
Boardmember.com, November 14, 2011
Bobby Burchfield stated in this interview that corporate board members should be concerned about their companies’ political contributions “because they may find the activities of their company on the front page of the paper someday. So although it is not considered to be a traditional aspect of a board member’s responsibility, it is something that can bring publicity, good or bad, to a company.” Mr. Burchfield recommended that boards “verify that the company has compliance procedures in place to encourage and ensure it is observing the law” when making contributions.
“Private Equity Sitting on Powder Keg But Not For Long”
Law360, November 14, 2011
Laurence (Larry) Bronska predicted that, because “dry powder [cash at private equity funds] is at relatively unprecedented levels, … much of it will be invested. Eventually it will find a home, which means that lawyers will be active supporting their clients’ efforts in deploying capital.”
Laurence R. Bronska, Corporate, M&A - Private Equity
“Obamacare Hits the Supreme Court”
Fox Business News “The Willis Report,” November 14, 2011
M.Miller Baker, commenting on how the conservative majority on the U.S. Supreme Court might rule regarding the constitutionality of the health reform law, noted that “politics is not law and there’s a difference between what somebody might think as a judge and what they might think if they were a member of Congress.” Mr. Baker added that “the question for the Supreme Court is whether Congress exceeded its authority under the Commerce Clause. As a constitutional matter that’s a close question [and] one can see this coming down in any number of different directions.” Click here to view the full segment.
“Court Mismatch Makes OUI Justice Elusive”
Boston Globe, November 13, 2011
Daniel Haley, who as deputy legal counsel to then-Massachusetts governor Mitt Romney wrote legislation to stiffen state drunk driving penalties, noted that a provision added by defense lawyers serving in the state legislature enabled drivers to challenge breathalyzer tests. “It caught people’s attention that there were OUI defense attorneys in the House who were essentially doing everything they could to gut the [bill],’’ Mr. Haley said. “There is still an incentive for drunk drivers, particularly serial drunk drivers … to refuse a breathalyzer. And it’s a huge incentive.’’
Daniel P. Haley, Government Strategies
“Widows and Widowers Often Lose Money Needlessly”
Wall Street Journal, November 12, 2011
James Cundiff noted that a married couple’s estate can be hit by state-level estate taxes in about a dozen states with estate-tax thresholds below the $5 million federal tax exemption, and such taxes can apply when each spouse dies. Mr. Cundiff suggested that putting the estate into two separate trusts valued below or closer to the state exemption level can help defer such taxes by making what is called a "qualified terminable interest property" election.
James H. Cundiff, Family Offices, Private Client
“China Telecom, Unicom Cooperate with Anti-Monopoly Probe”
Bloomberg News, November 10, 2011
Frank Schoneveld said that the National Development and Reform Commission (NDRC) anti-monopoly probe of two Chinese Internet service providers is a “game-changing” application of China’s anti-monopoly law. “This is the first time the NDRC, or any other competition regulator in China, has publicly taken such action against large, state-controlled companies,” Mr. Schoneveld stated. “It means the NDRC is willing to investigate and sanction big, state-owned enterprises when most commentators were saying they would not do so.”
Frank Schoneveld, Antitrust & Competition
“Judge Rejects SEC Action Against State Street Execs”
Massachusetts Lawyers Weekly, November 10, 2011
Mark Pearlstein called a federal administrative law judge’s rejection of SEC charges against his client and another investment company executive “a very significant decision.” If the judge had sided with the SEC’s charges that the executives were individually responsible for misleading investors, he noted, “it would have almost literally required executives to retain their own personal disclosure counsel … [rather than] rely on the advice of well-informed, expert in-house counsel. Beyond being wildly impractical, it would have also led to some crazy policy.”
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“Race for Cheaper Solar-Energy Systems Turns on ITC Patent Case”
Bloomberg News, November 10, 2011
Carey Jordan said that “the stakes are high” in a patent infringement case before the International Trade Commission involving designs of two companies to reduce the hardware and labor costs of installing solar panels on roofs. “This technology makes installing much easier – it’s almost like a plug and play,” she noted. Ms. Jordan added that resolving the case is “not going to be a walk in the park. [Both companies] have pretty strong arguments.”
Carey C. Jordan, Energy and Chemicals - IP, Global Energy & Infrastructure Projects, GREEN and Alternative Energy — IP, Intellectual Property, Patent Prosecution
“Affymax to Pay J&J Unit $13M in Anemia Drug IP Dispute”
Law360, November 9, 2011
Christopher Murphy and Jeffrey Stone were co-counsel to biopharmaceutical company Affymax Inc. in settling a long-running patent ownership dispute covering a drug to treat anemia in chronic kidney disease patients.
Christopher M. Murphy, Jeffrey E. Stone, Trial, White-Collar & Securities Defense
“DC Bar Foundation Names Members of New Young Lawyers Network”
Blog of Legal Times, November 9, 2011
Joshua Rogaczewski and Brian Benko were among nine Washington-area lawyers named to a new legal network created to provide increased access to justice for D.C. residents. “I think everyone knows there is an acute need for legal services in the district for individuals who otherwise wouldn’t be able to afford them,” Mr. Rogaczewski stated. “We want to utilize our talents to give back to the community.”
Brian A. Benko, Joshua D. Rogaczewski, Employee Benefits, Trial
“Networking Co. Extreme Didn’t Violate Switch IP, Jury Says”
Law360, November 8, 2011
David Dolkas said he and his client, Extreme Networks, were “delighted” that a Wisconsin federal court jury found Extreme did not infringe a patent covering network switches. Calling the lawsuit “years’ worth of meritless litigation,” Mr. Dolkas added that “charges of patent infringement against a large product family can be particularly harmful to any company’s bottom line.” Margaret Duncan, David Larson, Keith Stolte, Terrence McMahon and Ryan Phelan were other McDermott counsel for Extreme.
David Henry Dolkas, Margaret M. Duncan, David L. Larson, Terrence P. McMahon, Ryan N. Phelan, Keith M. Stolte, Intellectual Property, IP Litigation
“Robocalls Gaining Popularity”
Fox 25 Boston, November 8, 2011
Heather Egan Sussman explained in this televised interview that automated, pre-recorded informational “robo-calls” for charities or political candidates are not covered under federal telemarketing rules and “Do Not Call” registries. This means that callers “don't need prior written permission [the consumers] to recieve those calls. Because this is “a gray area,” Ms. Sussman said, “what we have seen over the last few years is the emergence of companies that are for hire and able to send out these types of pre-recorded phone calls.” Click here to view the full segment.
Heather Egan Sussman, Employee Benefits, Global Data Privacy Programs
“Pushing (Successfully) for Potatoes”
Legal Bisnow, November 8, 2011
Kam Quarles was pictured and profiled for his successful lobbying work representing the National Potato Council in blocking an administration proposal to reduce starches in school lunches, a result he achieved by demonstrating it would cost the government $6 billion over five years and greatly increase waste of starch substitutes. Mr. Quarles defined lobbying as “acting as a translator” between the government and the farming clients he represents, but added that because changing agricultural regulations is as difficult as pushing an aircraft carrier, the main challenge is to keep nudging.
W. Kam Quarles, Agribusiness - Food & Drug, Government Strategies
“McDermott Helps Extreme Networks Defeat Patent Infringement Claims”
The Recorder, November 8, 2011
David Dolkas, who led a McDermott team that successfully defeated patent infringement claims in Wisconsin federal court against client Extreme Networks, attributed the good courtroom result to “the importance of effective teaching in patent cases. I really do believe these cases come down to who teaches best, because it’s complicated and jurors’ eyes roll when they realize they’re on a patent case.” Other lawyers on the McDermott team included Terrence McMahon, Margaret Duncan, David Larson and Keith Stolte.
David Henry Dolkas, Margaret M. Duncan, David L. Larson, Terrence P. McMahon, Keith M. Stolte, Intellectual Property, IP Litigation
“Patent Reform Seen Reducing Multi-Defendant Suits”
WSJ.com/Dow Jones Newswires, November 8, 2011
Yar Chaikovsky expressed the belief that, although some critics say the America Invents Act did not do enough to restrain costly patent infringement litigation by plaintiffs, “No matter what, I think we’re going to see statistically fewer suits in the next few months.”
Yar R. Chaikovsky, Intellectual Property, IP Litigation
“Yum’s Proposed Little Sheep Takeover Approved”
Wall Street Journal, November 8, 2011
Frank Schoneveld said that, although Chinese regulators approved an American restaurant company’s transaction to take a major Chinese restaurant chain private, future approvals may be harder because “there’s a desire to prevent public perception that foreigners are taking over in China.” Mr. Schoneveld added that a major test of China’s sentiment toward foreign buyouts could come with a December ruling on Nestle SA’s offer for China’s second biggest candy company.
Frank Schoneveld, Antitrust & Competition
“Groupon’s IPO Could Inspire Others”
Daily Journal, November 7, 2011
Mark Mihanovic observed that “a handful of technology companies” are moving forward to price initial public offerings, and that “depending on the success of the IPOs and the subsequent trading performance of those deals, many more could follow. If these companies see an opening window, many will likely try to move through it prior to the holidays.”
“Washington Law Firms Rush to Go Green”
Washington Post Capital Business, November 6, 2011
Bobby Burchfield said that for large Washington, DC law firms, moving into environmentally responsible buildings with the highest rating for green construction and design (as McDermott will do in the fall of 2012) “is becoming a competitive issue. To some degree it’s like advertising – you can never really prove a particular newspaper ad generates ‘X’ amount of business, but if you don’t do it, you’re at a competitive disadvantage.”
“Most of U.S. Unemployed No Longer Receive Benefits”
FOX News, November 6, 2011
Linda Doyle discussed in this nationally-televised interview some key considerations for recently-terminated employees. While seeking legal counsel “is a very personal decision,” she said, “there can be no harm in at least consulting with a lawyer, but I think it’s critical to manage your lawyer. I’ve seen employees … paying too much money essentially to negotiate nothing.” If given a written termination agreement, Ms. Doyle added, employees should never sign anything immediately, or in the heat of the moment. Click here to view the full segment.
Linda M. Doyle, Employee Benefits
“Tax Break Package Ballooning, with Business Interests Trying to Lead the Legislation”
Chicago Tribune, November 6, 2011
Fred Ackerson assessed current attempts in the Illinois legislature to expand the focus of a business tax cut bill by saying that in such efforts “public policy usually comes in No. 3” behind state revenue needs and business tax relief desires. “In terms of a coherent policy that shapes it all so it makes sense, that happens maybe once every other generation,” he added.
Fred M. Ackerson, State & Local Tax, Tax
“SBICs Sizzle, Offering Alternative to Bank Loans”
CFO.com, November 4, 2011
Laurence Bronska praised the Small Business Administration’s Small Business Investment Co. (SBIC) loans as “great [for companies] because it’s more supply” of financing with high-quality investors. He noted that the SBIC program will offer “more competition, more availability and more options for folks who are looking for investment capital,” with funding that is “less expensive than equity but more expensive than typical senior credit.”
Laurence R. Bronska, Corporate
“Administration Says America Invents Act Will Address Software Ban Petitioners’ Concerns”
BNA’s Patent, Trademark & Copyright Journal, November 4, 2011
Leigh Martinson called the Obama Administration’s response to an online petition to halt and void software patents “very well done. They said all the right things.” The response cited provisions in the new America Invents Act and other initiatives to keep overly broad patents from inhibiting innovation. Saying he appreciated the focus on patent quality, Mr. Martinson summarized the administration’s view as, “If there is a problem with software patents, it’s up to the Congress or the Supreme Court to figure that out. And that’s the way it should be.”
Leigh J. Martinson, Intellectual Property, IP Litigation
“Goodwin Procter Advises Imperva on Planned IPO”
The Recorder, November 4, 2011
Mark Mihanovic cited several recent and upcoming initial public offerings in saying that “timing is critical in the context of the IPO process. When companies and underwriters see a window open, they want to act on it as quickly as possible.” For this reason Mr. Mihanovic said online games developer Zynga “is in a great position” for an IPO, because “they can go out if they want, but if they perceive any potential drag on valuation they can also wait.”
“Power Circuit”
Washingtonian.com, November 3, 2011
Edward “Teddy” Eynon, Peggy Binzer, Mark Harkins and Erica Stocker were noted as new additions to McDermott’s Government Strategies practice in Washington.
Peggy Binzer, Teddy Eynon, Mark B. Harkins, Erica Stocker, Government Strategies
“Finra Embarrassment Will be Long Forgotten Before Congress Acts on SRO Bill”
Investment News, November 3, 2011
Eugene Goldman suggested that because the Financial Industry Regulatory Authority (FINRA) self-reported problem documents it turned over to the SEC from financial advisers, and vowed to inspect documents more closely, “it shows that senior management acted responsibly – and they will be the ones setting up the [adviser] inspection program, if they’re authorized to do so.”
Eugene I. Goldman, White-Collar & Securities Defense
“Vision Capital Completes Purchase of Speyside-backed Companies”
Deal Pipeline, November 2, 2011
Thomas Sauermilch, Joel Rubinstein, Christian von Sydow and Carsten Böhm were noted as McDermott lawyers advising Philadelphia private equity firm Speyside Equity in selling stakes in two portfolio companies to a private equity firm in London.
Carsten Boehm, Joel L. Rubinstein, Thomas Sauermilch, Christian von Sydow, Corporate
“'St. Sean' of State Street Beats SEC”
Reuters, November 2, 2011
Mark Pearlstein said it was never considered that his client, a former investment firm executive, would enter a settlement with the SEC neither admitting nor denying wrongdoing in allegations of misleading investors. “If a person settles, they’re not in a position to take issue with allegations in the complaint,” Mr. Pearlstein explained.
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“Farewell, False Markings”
Inside Counsel, November 2011
Yar Chaikovsky identified as a major positive the new patent reform law’s substantial narrowing of false patent marking claims that plaintiffs can bring against companies. Mr. Chaikovsky called this provision “a win for all companies that make products, … a win for the American economy.”
Yar R. Chaikovsky, Intellectual Property, IP Litigation
“Obama Gives Boost to D.C. Law”
US News & World Report/Best Lawyers, November 1, 2011
Bobby Burchfield called the Obama administration “more aggressive than the prior administration” at changing “the framework that businesses operate in,” which creates more government, regulatory, and public policy work for firms with a strong Washington presence like McDermott. Raymond Jacobsen, Jr. noted that “the Obama administration is bringing more cases, cases with higher penalties, and going after deals that have been closed,” with the Federal Trade Commission being “particularly aggressive” regarding healthcare, pharmaceutical and telecom deals. “It is a good time to be an antitrust lawyer,” Mr. Jacobsen added.
Bobby R. Burchfield, Raymond A. Jacobsen Jr., Antitrust & Competition, Trial
“America Invents Act Overhauls U.S. Patent System”
Inside Counsel, November 2011
Yar Chaikovsky said that the new inter partes review contained in the patent reform law to allow patent challenges is “a big difference” from the previous inter partes re-examination because it requires showing a “reasonable likelihood” of invalidity. By contrast, the former system had “a pretty broad standard” that Mr. Chaikovsky said made it “easy to get a review.”
Yar R. Chaikovsky, Intellectual Property, IP Litigation
“U.S. Captive Tax Issues”
Captive Review, November 2011
Thomas Jones spoke extensively about the tax liability potentially faced by captive insurers and risk retention groups under the Dodd-Frank Act. Noting that the most important tax issue for captive owners is risk distribution regarding risk pooling, Mr. Jones explained: “Some of the issues you see in some pools are of size, not all pools were created equal. Some may stretch limits of the imagination with the types of risk [covered].” When assessing risk, he continued, “the IRS see[s] captives as a source of government revenue … particularly in regard to disallowing deductions for premiums.”
Thomas M. Jones PC, International Tax, Tax
“Analysis: Groupon IPO to Test Nascent Private Stock Markets”
Reuters, November 1, 2011
Thomas Conaghan said that even if traders lose money on new private stock exchanges that allow transactions in shares of companies (like Groupon) before they go public, the losses “may present the true validation for the legitimacy of these secondary markets.” As Mr. Conaghan noted, “Real investors in healthy markets know it is not ‘all up all the time.’ I suspect that even those who may incur losses on Groupon will not give up on secondary markets.”
“Pro Bono: In Their Words”
Chicago Lawyer, November 1, 2011
Todd Solomon expressed appreciation that McDermott supports his pro bono and community involvement activity, saying “the fact that I even get the opportunity to do this as part of my job is awesome.” Mr. Solomon was also thankful for “the gratitude and appreciation shown by pro bono clients. Nothing feels better than helping someone in need who would not otherwise have the means to obtain legal assistance.”
Todd A. Solomon, Employee Benefits
“D.C. Moves”
National Law Journal, October 31, 2011
Edward Eynon, Peggy Binzer, Mark Harkins and Erica Stocker were noted as bringing their previous legal and policy advisory experience to their new roles as lobbyists in the Firm’s Washington, D.C. Government Strategies Group.
Peggy Binzer, Teddy Eynon, Mark B. Harkins, Erica Stocker, Government Strategies
“Judge Clears Ex-State Street Execs in Subprime Stock Case”
Boston Herald, October 31, 2011
Mark Pearlstein said he and his client, a former investment firm executive, were “deeply gratified” that a federal administrative law judge dismissed SEC claims that the client and a colleague had misled clients about their investment exposure to subprime mortgages.
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“SEC Case Against Ex-State Street Execs Dismissed”
Reuters, October 31, 2011
Mark Pearlstein declared “complete exoneration” when a federal administrative law judge dismissed SEC claims that two former investment firm executives, including Mr. Pearlstein’s client, misled investors about the risks in a bond fund that held subprime mortgage investments.
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“Two State Street Executives Cleared of SEC Charges of Misleading Investors”
National Law Journal, October 31, 2011
Mark Pearlstein expressed satisfaction over a federal administrative law judge’s rejection of SEC claims against his client and a colleague, former investment firm executives, saying it demonstrates that “enforcement cases are determined by the actual evidence of how individuals behaved.” Saying that “setting the public record straight” about the allegations “is so very important,” Mr. Pearlstein said the judge’s decision “tell[s] the world they didn’t do anything wrong and it’s a very, very gratifying feeling.”
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“Amandeep Sidhu – McDermott Will & Emery”
National Law Journal, October 31, 2011
Amandeep Sidhu was selected for the publication’s “Minority 40 Under 40” list of top young lawyers for what it called his “reputation as a strong litigator with a solid commitment to pro bono cases.” Mr. Sidhu, who is himself Sikh, has won several cases as an advocate for the civil rights of Sikhs, including two who sought to serve in the U.S. military. “Having the resources of a firm like McDermott is heartening as an attorney and a minority,” Mr. Sidhu said of such work. “It’s been fantastic.”
“Ex-State Street Execs Cleared of SEC Fraud Claims”
Law360, October 31, 2011
Mark Pearlstein proclaimed “total victory” and “complete exoneration” for his client, a former investment firm executive, when a federal administrative law judge rejected SEC allegations that he and a colleague misled investors. The judge’s decision “demonstrates that all of [the client’s] actions were undertaken with integrity, and with an unwavering focus on the best interests of investors.” The article noted that Fredric Firestone, Laura McLane, K.C. Goyer, David Chen and Jason Crow were McDermott lawyers assisting in the case.
David H. Chen, Jason Crow, Fredric D. Firestone, Kathryn C Goyer, Laura McLane, Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“SEC Loses Again: Agency Judge Clears State Street Execs”
Thomson Reuters News & Insight, October 31, 2011
Mark Pearlstein called SEC allegations that his former investment firm executive client misled investors “a case where the SEC should never have proceeded…. We felt all along that if we received a fair hearing we would prevail. Chief judge Murray gave us a very fair hearing.” The SEC's chief administrative law judge, Brenda Murray, rejected the SEC’s charges against Mr. Pearlstein’s client and a colleague at the same firm.
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“Judge Dismisses SEC Charges Against Two Former State Street Executives”
Washington Post, October 31, 2011
Mark Pearlstein asserted that “it is unconscionable that following a long and distinguished career in the investment industry,” his client – a former investment fund executive – was “forced to spend several years living under a cloud” of “baseless allegations” by the SEC that the client and another former executive had misled investors about the risks in a fund with subprime mortgage exposure. A federal administrative law judge dismissed the SEC charges.
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“SEC Case Against State Street Pair Thrown Out”
Financial Times, October 31, 2011
Mark Pearlstein called the SEC’s allegations that his client and another former investment firm executive misled investors about a fund’s exposure to subprime mortgages “a case that we genuinely believe never should have been brought.” An administrative law judge agreed, and rejected all the SEC’s claims.
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“Asymmetry in the Ability to Communicate CER Findings”
States News Service, October 31, 2011
Paul Radensky was quoted by the National Pharmaceutical Council as saying that, while there are a number of health databases available, not all health care stakeholders have access to the information – even if it helps with patient care management. Dr. Radensky suggested that, with proper regulation, broader access to public databases could facilitate more informed decisions on health treatment.
Paul W. Radensky M.D., Health, Life Sciences & Medical Products Litigation, Life Sciences - Health
“Esther Chang – McDermott Will & Emery”
National Law Journal, October 31, 2011
Esther Chang was selected for the publication’s “Minority 40 Under 40” list of top young lawyers, which called her “a leading transactional attorney and an expert in health care fraud and privacy issues.” In addition to working on such matters as the country’s largest hospital M&A deal in 2010, Ms. Chang has also taken a major role in pro bono cases involving human trafficking. As she said of such work, “I just want to know that once my life ends, I made a difference.”
“Bottom Line”
The Hill, October 31, 2011
Edward Eynon and Erica Stocker, new members of the Firm’s Government Strategies Group, were selected as lobbying counsel for a manufacturer of a fuel tank fire suppression system for military and law enforcement use.
Teddy Eynon, Erica Stocker, Government Strategies
“Judge Dismisses SEC Charges Against Two Former State Street Employees”
Boston Globe, October 31, 2011
Mark Pearlstein, after a federal administrative law judge dismissed charges brought by federal regulators against his client and another former executive of an investment firm over allegedly false and misleading documents about risky investments, said that his client acted honestly and should “never have had to live with the cloud that these charges placed on him.” The judge ruled that neither executive had ultimate authority for the documents.
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“Patent Reform Aims to Take Toll on Trolls”
Silicon Valley/San Jose Business Journal, October 28, 2011
Yar Chaikovsky stated that since the signing of the patent reform law he has not seen any instances of non-practicing entities filing the kind of multi-defendant infringement claims that the law aimed to reduce. However, this litigation increased right before the law took effect – Mr. Chaikovsky noted that Apple Inc. received18 such lawsuits in early September compared to eight in the two prior months.
Yar R. Chaikovsky, Intellectual Property, IP Litigation
“If the Don Can’t Get ‘You’re Fired,’ and Paris Hilton Can’t Get ‘That’s Hot,’ Then ‘OWS’ Will Probably Stay Free”
Forbes, October 28, 2011
Robert Zelnick noted that parties seeking to trademark what he called “fads and phrases” often have “a fundamental misunderstanding” of their ability to do so, because they “won’t have actual rights – or the ability to prevent others from using the mark – until the mark is actually used in a commercial way.” For that reason, Mr. Zelnick added, “What’s hot now might be gone by the time the trademark registration is granted or the goods can be merchandised on a large scale.”
Robert W. Zelnick, Intellectual Property, IP Litigation
“Q&A with Intellectual Property Lawyer Robert Zelnick”
Bloomberg Law Reports Student Edition, October 27, 2011
Robert Zelnick advised law students considering a career in intellectual property (IP) law that, while boutique firms offer advantages, “A general practice firm opens the door to so many more client relationships.” Speaking of his career at McDermott, Mr. Zelnick explained that “my opportunities to represent so many amazing brands came in many cases from my partners who had established relationships with the brand owners in some way.” He added that a large firm like McDermott “offers a much more comprehensive view of a client’s business objectives, and how IP matters fit into major corporate transactions.”
Robert W. Zelnick, Intellectual Property, IP Litigation
“Gupta Case Built on Circumstantial Evidence May Help Defense”
Bloomberg News, October 27, 2011
Michael Kendall suggested that the government’s insider trading case against former investment bank director Rajat Gupta could be helped by evidence showing close financial ties between him and another executive already sentenced for insider trading.
Michael Kendall, White-Collar & Securities Defense
“CMS Loosens Marketing Guidelines, Meaningful Use Requirements for ACOs”
BNA Daily Health Care Report, October 27, 2011
Lauren Haley said that the final rule from the Centers for Medicare and Medicaid Services (CMS) for accountable care organizations (ACOs) loosens “a bit” the requirements on how ACOs can market themselves to Medicare beneficiaries. Marketing materials cannot be misleading or confusing, cannot imply CMS endorsement and cannot interfere with beneficiary freedom of choice, she noted. Ms. Haley anticipated that CMS will maintain oversight and monitoring of ACO marketing activities.
Lauren N. Haley, Accountable Care Organization Resource Center, Health
“IRS Announces 2012 COLA Limits for Qualified Plans”
Federal Tax Weekly, October 27, 2011
Todd Solomon observed that, “unlike in 2011, when retirement plan [contribution and benefit] limits remained largely unchanged, there are several notable increases for 2012.” He cited such factors as the increases in the Social Security wage base, the maximum 401(k) contribution and the threshold for defining highly compensated employees. “The result of many of these increases,” Mr. Solomon concluded, “will be greater employee savings under tax-qualified retirement plans.”
Todd A. Solomon, Employee Benefits, Qualified Retirement Plans
“Gupta’s Best Defense? Raj Broke ‘Relationship of Trust’”
Reuters News & Insight, October 26, 2011
Michael Kendall indicated that former investment bank director Rajat Gupta would have a hard time convincing jurors in his insider trading trial that he believed the business executive with whom he shared confidential information would not trade on it, an action that led to the executive’s insider trading conviction. “It wasn’t like [Gupta] was telling his priest or rabbi,” Mr. Kendall said of the information disclosure.
Michael Kendall, White-Collar & Securities Defense
“Ex-Goldman Director Gupta Charged in Insider Case”
Reuters, October 26, 2011
Michael Kendall commented on the government insider trading case against a former investment bank director, saying that a successful prosecution comes down to “how credible is the evidence that he actually disclosed information that he knew to be confidential … If there’s no financial benefit, that makes it easy to offer up an alternative explanation.”
Michael Kendall, White-Collar & Securities Defense
“Practitioners Troubled by ‘Schizophrenic’ Memo Involving Worthless Partnership”
Tax Notes Today, October 26, 2011
Michael Wilder spoke at an ABA Section on Taxation meeting regarding distortions caused by an IRS memorandum on the tax consequences of an insolvent foreign corporation’s reclassification as a partnership, suggesting that if the IRS or Treasury Department consider similar situations in the future “they might consider the model that the consolidated return rules would have for this transaction to eliminate the distortions.”
Michael J. Wilder, International Tax, Tax
“Movers and Shakers”
Deal Pipeline, October 25, 2011
Edward Eynon, Peggy Binzer, Mark Harkins and Erica Stocker were noted as new lobbyist advisors in the Government Strategies practice of McDermott’s Washington office.
Peggy Binzer, Teddy Eynon, Mark B. Harkins, Erica Stocker, Government Strategies
“Letter Ruling May Indicate Changes Elective Beyond Spinoffs”
Tax Notes Today, October 25, 2011
Michael Wilder was noted as questioning the IRS associate chief counsel (corporate) at an ABA Section of Taxation meeting regarding a new ruling on Section 355 spinoffs. The IRS counsel expressed tentative agreement with Mr. Wilder’s question on whether taxpayers could use the new ruling to avoid Section 304 when extracting profits from an acquiring corporation.
Michael J. Wilder, International Tax, Tax
“Lobbying World”
The Hill, October 25, 2011
Partners Edward Eynon and Peggy Binzer, and advisors Mark Harkins and Erica Stocker joined the Firm’s Government Strategies practice in Washington, each with significant experience as senior staff members to U.S. Congressmen or Senators.
Peggy Binzer, Teddy Eynon, Mark B. Harkins, Erica Stocker, Government Strategies
“People on the Move”
Congressional Quarterly Today, October 24, 2011
Edward Eynon, Peggy Binzer, Mark Harkins and Erica Stocker were focused upon as new members of the Firm’s Government Strategies group in Washington, DC. Mr. Eynon and Ms. Binzer are partners, Mr. Harkins and Ms. Stocker are professional advisers, and all four bring extensive public policy backgrounds that encompass law and consulting firms and congressional staff assignments.
Peggy Binzer, Teddy Eynon, Mark B. Harkins, Erica Stocker, Government Strategies
“State Regulators in U.S. Combine to Probe Structured Notes”
Bloomberg, October 24, 2011
Steven Scholes predicted that, although 10 states are investigating whether structured note debt instruments were marketed without adequate risk disclosure, “There’s already been so much scrutiny in this area that the states’ efforts won’t likely cause meaningful reaction from market participants.”
Steven S. Scholes, White-Collar & Securities Defense
“PPO Is Not Obligated to Defend Third-party Administrator in Class Action”
Insurance Law & Litigation Week, October 24, 2011
Michael Kendall and Lauren Papenhausen were noted as co-counsel in securing summary judgment in the Western District of Louisiana on behalf of Concentra, establishing that the company was not obligated to defend, indemnify and hold harmless a third-party workers compensation administrator in class action litigation.
Michael Kendall, Lauren M. Papenhausen, White-Collar & Securities Defense
“Breaking the Rules”
Modern Healthcare, October 24, 2011
Michael Peregrine pointed out the benefit of a new government rule eliminating the requirement that each hospital within a healthcare system maintain its own board, saying that the previous rule made hospitals “re-populate all of these boards with competent, non-conflicted and sophisticated members. That’s an enormous burden.”
“Mass. Man Goes to Trial on US Terror Charges”
Associated Press, October 22, 2011
Michael Kendall, a former federal prosecutor, said that a First Amendment defense of a man facing federal charges for advocating terrorism would not cover “using speech as an instrument to achieve a terrorist goal. One can say you believe in jihad and be protected by the First
Amendment. One cannot actively recruit people to participate in jihad and claim that’s protected by the First Amendment.”
Michael Kendall, White-Collar & Securities Defense
“Bringing ACOs Back to Life”
Hospitals & Health Networks Daily, October 21, 2011
Anne Hance praised the final Centers for Medicare and Medicaid Services (CMS) rule on accountable care organizations, saying that it “certainly shows an effort by CMS to be responsive to the comments it received” on a preliminary rule issued earlier.
“Providers Praise ACO Final Rule, but Say Program Participation Remains Unclear”
BNA Health Care Daily Report, October 21, 2011
Lauren Haley said that the final rule on accountable care organizations (ACOs) showed that the government “tried to listen to industry concerns” about an earlier preliminary rule, but she noted that although the rule’s reduction in quality measures “sounds good, … I’m not sure it is enough” to encourage hospitals to accept the “major burden” of collecting quality data. Ms. Haley concluded, “Truthfully, at the end of the day, this is a business decision” whether providers want to form an ACO.
Lauren N. Haley, Accountable Care Organization Resource Center, Health
“New Labor Law Could Cast Harsh Light on Companies”
CFO.com, October 21, 2011
Linda Doyle said that labor lawyers who advise company executives during union organizing campaigns could be forced to publicly disclose their guidance under proposed Department of Labor rules. “Right now I can give my clients pretty detailed [union] campaign strategy advice … [including] how to communicate to employees, what to write, what messages to send, and how the CFO or the CEO should speak to the employees,” she noted, but under the proposal “I’d have to be much more cautious as to how I did that.”
“Deal Between Central Falls Receiver and Unions Could Benefit Bondholders”
Debtwire.com, October 20, 2011
Nathan Coco said he doubted that any challenge to the Central Falls, Rhode Island Chapter 9 bankruptcy filing would be successful. “It’s true they [filers] are required to be insolvent, but that’s relatively easy to prove in Central Falls, where it’s been reported they have $80 million of unfunded pension liability,” Mr. Coco said. He added that in situations involving “something as dire as bankruptcy,” one would expect the financial problems “would be severe enough … [to] certainly satisfy” the conditions for filing.
“U.S. District Court Judge in Rhode Island Says Network Owes Fiduciary Duty to Nonprofit Hospital”
Rhode Island Lawyers Weekly, October 20, 2011
Christopher Jedrey, asserting that a recent court ruling leaves no doubt that there is fiduciary duty between health systems and nonprofit hospital subsidiaries, advised organizations “to make sure the ‘purposes clauses’ of the articles of organization of the subsidiaries say that they exist to support the system as a whole.” If that is done, he added, “The likelihood of a conflict of interest is low.”
“Scott Brown Snags McDermott Will Lawyer for GC Post”
Massachusetts Lawyers Weekly, October 20, 2011
Daniel Haley, who as this article noted has been named one of the 10 most influential Republicans in Massachusetts, has accepted an assignment to be general counsel to Senator Scott Brown and assist in his re-election campaign. Mr. Haley said that his role will be to “minimize unforced errors and maximize awareness of [Brown’s] detractors,’” adding that in a heated campaign “nobody’s allowed an innocent mistake.”
Daniel P. Haley, Government Strategies
“McDermott Boosts Germany with Double Partner Hire as London IP Head Leaves”
Legalweek.com, October 20, 2011
Michael Ruoff, who focuses on renewable energy projects and transactions and formerly was with a German project development company, joined McDermott’s Munich office as a partner and head of the Firm’s German energy practice. Also in Germany, Holger Weiss came to the Firm’s Duesseldorf office as a corporate and real estate partner focusing on complex real estate transactions and related financing and tenancy law.
Michael Ruoff, Holger Weiß, Corporate, Energy Advisory
“Antitrust Issues May Rise Beyond Rockies”
TheDeal, October 20, 2011
Jon Dubrow commented on the likelihood that the Kinder Morgan/El Paso merger would be successful despite some small potential problems that could come up in the FTC review process. He points out that analyzing the state of pipeline competition can be complicated because many networks have multiple owners or owners have granted others rights to partial capacity.
Jon B. Dubrow, Antitrust & Competition
“MW&E Snags Four”
Politico.com, October 20, 2011
Edward “Teddy” Eynon and Peggy Binzer joined McDermott’s Government Strategies group in the Washington office as partners and Mark Harkins and Erica Stocker as professional advisors. All four lobbyists have senior staff experience on Capitol Hill.
Peggy Binzer, Teddy Eynon, Mark B. Harkins, Erica Stocker, Government Strategies
“McDermott Will & Emery Hires Four, Defends Spuds”
National Journal, October 20, 2011
Edward “Teddy” Eynon, Peggy Binzer, Mark Harkins and Erica Stocker joined the Firm’s Washington Government Strategies group as lobbyist advisors, coinciding with McDermott’s successful lead lobbyist representation of the National Potato Council in turning aside an effort by the Obama Administration to limit the amount of potatoes in school lunches.
Peggy Binzer, Teddy Eynon, Mark B. Harkins, Erica Stocker, Government Strategies
“Last Chance: Orthodontia or Lasik Up to 40% Off”
Forbes, October 20, 2011
Susan Nash advised that most employers limit employee healthcare flexible spending account contributions to between $3,500 and $5,000 pretax a year, with some limits as high as $8,000 – all well as above the $2,500 limit that begins in 2013. She noted, however, that at employers with high deductible health insurance plans, a limited purpose FSA may only work once that deductible is met.
Susan M. Nash, Employee Benefits
“Antitrust Issues May Rise Beyond Rockies”
Deal Pipeline, October 20, 2011
John Dubrow expressed his view that a proposed acquisition creating the largest pipeline operator in North America could require divestitures in Colorado and Wyoming to receive FTC approval. “It looks like [the acquirer] will have some problems there, but [it] should be something they can work through,” Mr. Dubrow said. He added that the multiple owners many pipeline networks have can make competitive analysis difficult.
Jon B. Dubrow, Antitrust & Competition
“Medicare Relaxes Rules for Coordinated Care”
Reuters, October 20, 2011
Jeffrey Brennan pointed out that healthcare providers wary of antitrust implications for working collaboratively in accountable care organizations can opt to stay below 30 percent of their relevant market share, which regulators define as the antitrust safety zone.
Jeffrey W. Brennan, Antitrust & Competition
“Status of BAT Bill Unclear as Congress Considers State Revenue Impact”
State Tax Today, October 19, 2011
Arthur Rosen said a Congressional Budget Office estimate of a $2 billion cost to the states from a bill to establish a national standard for state business activity tax nexus based on physical presence “should not create any impediment at all” to passing the bill because the figure “represents a miniscule percentage of the taxes collected by the states.” Mr. Rosen noted the benefits to business of a single standard, saying, “The concept of exporting tax to those who are not part of a government’s constituency or local society is politically attractive but just wrong.”
Arthur R. Rosen, State & Local Tax, Tax
“ITC Adopts New Public Interest Rule for Patent Cases”
Law360, October 19, 2011
Robert Walters said that “time will tell” if a new International Trade Commission rule, which allows the agency to gather information on potential public interest issues involved in a Section 337 patent infringement complaint, is “an indication of change” in previous ITC policy. Mr. Walters noted that public interest concerns have rarely outweighed other considerations in ITC exclusion orders, but the new rule may signal the agency’s interest in reviewing them.
Robert J. Walters, Intellectual Property, IP Litigation
“McDermott Picks Up Four Lobbyists from Edwards Wildman Palmer”
Blog of Legal Times, October 19, 2011
Edward Eynon, Peggy Binzer, Mark Harkins and Erica Stocker have left another major firm to join the government strategies practice of McDermott’s Washington, DC office. Mr. Eynon and Ms. Binzer join as partners, while Mr. Harkins and Ms. Stocker are professional advisers. All four have done legislative advocacy for businesses in the health care sector, and all have Capitol Hill experience, either as senior staff members, committee counsel or policy advisors.
Peggy Binzer, Teddy Eynon, Mark B. Harkins, Erica Stocker, Government Strategies
“The Importance of Splitting Legal and Compliance”
Competition Week, October 18, 2011
Joshua Buchman said that government prosecutors increasingly see the positions of chief legal and chief compliance officers “as being fundamentally different,” in part because if the compliance officer is also legal counsel “all the compliance-related activity is going to be presumptively cloaked in the attorney-client privilege, so the government can’t thoroughly investigate the issue.” Mr. Buchman held that when the positions are split each person “has to respect the responsibilities and priorities of the other.” To read the full article, please click here.
Joshua T. Buchman, White-Collar & Securities Defense
“SEC Guidance on Cybersecurity Aims to Keep Investors Informed”
Corporate Counsel, October 18, 2011
Amy Leder said that new SEC guidance for companies to disclose material cybersecurity risks calls for answering the potential investor’s question, “When I’m investing in your stock, is this something I need to worry about?” In particular, she noted, if a real or potential incident “rises to the level of materiality,” it might warrant disclosure in Form 10-Q and 10-K filings. Heather Egan Sussman called disclosing the right amount of information about cyber risks a “balancing act,” in which the many companies that already undertake a “normal evaluative process” to assess those risks will have the job of “translating it into their public-facing documents.”
Amy S. Leder, Heather Egan Sussman, Corporate, Employee Benefits
“Lawyers Brace for Patent Reform”
National Law Journal, October 17, 2011
Bernard Codd was pictured and quoted extensively regarding the new America Invents Act. Mr. Codd said the law’s first-to-file patent prosecution provision “raises liability concerns” and “could lead to malpractice suits” because “if you get something on file just one day after your competitor, your client’s not going to be very happy.” He also noted that patent interference proceedings to challenge filings “will largely disappear,” and that preparing the post-grant oppositions that will replace re-examination proceedings “could be quite a booming business for lawyers.”
Bernard P. Codd, Intellectual Property, Patent Prosecution
“Low Prices, Expiring Hedges Spur Default Worries”
Platts Megawatt Daily, October 17, 2011
Iskender “Alex” Catto predicted that, because of low natural gas prices, “merchant power generators are headed for a cliff, and many will reach that cliff when their hedges [on gas prices] roll off.” Mr. Catto noted that many of those hedges were put in place in 2007 and 2008 when natural gas prices were high, and if smaller generators “have debt coming due, and they cannot refinance, … when they look beyond the hedge there is nothing to give them hope.” As a result, he concluded, the industry is at “just the beginning” of a series of mergers and acquisitions involving troubled merchant power plants.
Iskender H. Catto, Energy Advisory
“Can the FDA Be a Catalyst for Innovation?”
Genetic Engineering & Biotechnology News, October 15, 2011
Paul Radensky called the development of therapeutic diagnostics “an area of great interest and concern” for the direction of FDA regulation, particularly for regulating in vitro diagnostics as medical devices. He cited as a challenge “the accuracy, reliability, and reproducibility of the test with respect to the information furnished by the test.”
Paul W. Radensky M.D., Health, Life Sciences & Medical Products Litigation, Life Sciences - Health
“Attys Gear Up as Trade Deals Near Finish Line”
Law360, October 14, 2011
Carolyn Gleason stated that the January 1, 2012 target for implementing new free trade agreements between the U.S. and South Korea, Colombia and Panama may be ambitious, and warned that “to the extent that nontariff commitments still require further implementation, U.S. companies should watch to make sure they are not implemented in ways that don’t invite new barriers to trade.” Even so, Ms. Gleason said of the new agreements that “there’s excitement surrounding all of them because of the new commercial opportunities they present.”
Carolyn B. Gleason, International Trade
“Opposite-Sex Couple in Civil Union Assail NU’s Health Insurance Rules”
Chicago Tribune, October 14, 2011
Todd Solomon noted that it has been common for employers to offer benefits to unmarried same- sex partners, but not to unmarried opposite-sex partners, who have the option to get married. Given the potential problems from this, he added, such benefit provisions are “something an employer needs to think through, how the benefits are going to be perceived and what are the employee-relations concerns.”
Todd A. Solomon, Employee Benefits
“Playing into a VC’s Desire for Lean and Mean”
Boston Business Journal, October 14, 2011
Mark Stein said that virtual biotech companies – which rely on outside R&D vendor contracts rather than employees – are attractive to venture investors because they have lower fixed costs, can access top-notch talent more easily, and can direct more investment funds to testing rather than personnel. Mr. Stein noted that the virtual model has “no disalignment of interest in terms of management,” because the flexibility allows the company to cut its losses and move on if test results are not promising.
“Pharma Co. Wants Ropes & Gray Atty Tossed from IP Suit”
Law360, October 14, 2011
Melissa Nott Davis and Sarah Chapin Columbia were noted as representing a Japanese pharmaceutical company and its U.S. distributor in defense of a patent infringement lawsuit over a pain relief treatment.
Sarah Chapin Columbia, Melissa Nott Davis, Intellectual Property
“S&T Presents Awards During Homecoming”
Rolla Daily News, October 13, 2011
Kenneth Cage was presented with the Missouri University of Science and Technology’s Alumni Achievement Award. Mr. Cage received his Bachelor’s degree in mechanical engineering and a Master’s degree in nuclear engineering from the university.
Kenneth L. Cage, Intellectual Property, Patent Prosecution
“Germany’s Competition Bar”
Global Competition Review, October 13, 2011
Martina Maier and Philipp Werner were named as key lawyers in helping to establish “a solid antitrust and state aid practice” for McDermott in Germany during the past year. The practice received a “recommended” rating, reflected in its antitrust advice to the Federal State of Mecklenburg-Vorpommern, merger control guidance to Fraunhofer/X-Fab and Centrum, and defense of FMC against competition law damage claims.
Martina Maier, Philipp Werner, Antitrust & Competition
“Little Outright Fraud in Government Contracting”
Federal News Radio, October 13, 2011
Stephen Ryan stated in this interview that “outright fraud … is not a large issue numerically in government contracting. There are significant controls with the government. So … a criminal act … has to be very well thought-out in order to escape eventual detection.” He noted one problem “is that we often confuse fraud, waste and abuse allegations with contracting disputes and cost discharges as if they are the same type of [cases] … I'm concerned ... that the way people label or mis-label government-contract fraud would lead the public to believe that there's more fraud than there actually is…Catching outright criminal fraud is something we ought to be good at in the government, and I think we are.”
Stephen M. Ryan, Government Strategies
“’Ugly Betty’ Star at CFW Luncheon”
Windy City Times, October 12, 2011
Andrea Kramer, who is Chair of the Chicago Foundation for Women (CFW), was noted as being the event co-chair for the CFW’s 26th Annual Luncheon on October 3.
Andrea S. Kramer, International Tax, Tax
“McDermott’s Joshua Buchman on Exclusion and the Responsible Corporate Officer Doctrine”
Corporate Crime Reporter, October 10, 2011
Joshua Buchman discussed increased federal prosecutor application of the responsible corporate officer doctrine to “assign personal individual responsibility to corporate executives and managers for the conduct of entities for which they work.” He said its use in the healthcare sector would be “not necessarily in a criminal sense,” but instead by the Office of Inspector General to address “excluding people from Medicare, Medicaid and other health care programs.” Mr. Buchman called this another example “of the government pushing the envelope and … expanding theories of liability in almost every aspect of health care enforcement.”
Joshua T. Buchman, Health, Health Care Law Reform
“Who’s Who in L.A. Law”
Los Angeles Business Journal, October 10, 2011
Gary Rosenbaum was profiled as one of the top transactional lawyers in Los Angeles. The article cited his work leading McDermott’s representation of Securus Technologies in its 2010 debt restructuring, among other matters. Mr. Rosenbaum said that the secret to closing a deal is “understanding your client and its business, and knowing the points that your client needs to have as opposed to the terms that it views as being nice to have, and being able to prioritize those critical points.”
“Insured’s Parent Company Cannot Be Sued in Dispute Over Attorney Fee Award”
Insurance Law & Litigation Week, October 10, 2011
William Schuman, Katharine O’Connor and Monica Quinn Halloran were counsel to Merge Healthcare in securing a ruling in U.S. District Court for the Northern District of Illinois that their client was entitled to dismissal from a declaratory judgment action over an attorney fee coverage dispute with an insurer.
Monica Quinn Halloran, Katharine O'Connor, William P. Schuman PC, Trial
“The Bare Essentials”
Modern Healthcare, October 10, 2011
Lauren Haley said that it is an ambitious target for the Department of Health and Human Services to release by May 2012 a final rule on essential health benefits to be covered in insurance offered through the health reform law’s state insurance exchanges. “If this is going to go live when it’s slated to go live, [health] plans need time to figure this all out,” she stated. “The startup is not an easy task.”
Lauren N. Haley, Health, Health Care Law Reform
“Patent Lawyer Demand Rises Following U.S. Legislative Overhaul”
The New York Times, October 8, 2011
Mark Itri cited the new patent reform law, plus expansion by companies into new technologies like cloud computing even as they consolidate patent lawyers, as reasons why, “near term, you’ll see a big demand” by outside law firms for hiring new patent attorneys “to meet some of those client needs.” Mr. Itri noted that McDermott has hired 28 patent lawyers and agents so far this year and another 20 new hires are planned by next spring, with experience in telecom, software and the Internet most sought-after.
Mark J. Itri, Intellectual Property, Patent Prosecution
“Feds Blasted Over Sentencing Threat in Oil-for-Food Case”
Law360, October 7, 2011
James Commons is noted as defense co-counsel for a Canadian man who entered a plea agreement on charges of wire fraud and Foreign Corrupt Practices Act violations involving his company’s alleged bribes to Iraqi officials.
James M. Commons, White-Collar & Securities Defense
“Defense Lawyer, DOJ Spar Over Cooperation Deal in FCPA Case”
Blog of Legal Times, October 7, 2011
James Commons was one of the defense counsel identified in representation of a Canadian citizen who entered a cooperation agreement with the Department of Justice regarding bribery and kickback allegations involving his company and Iraqi officials.
James M. Commons, White-Collar & Securities Defense
“People on the Move”
Congressional Quarterly, October 7, 2011
Glenn Engelmann and Susan Lee were cited as new members of the life sciences practice in McDermott’s Washington office. Mr. Engelmann had formerly been Vice President and General Counsel at AstraZeneca Pharmaceuticals and held a committee chairmanship with the Pharmaceutical Research and Manufacturers of America, while Ms. Lee’s past experience included Vice President for Economic Policy at the Center for American Progress and consultant at McKinsey & Co.
Glenn Engelmann, Susan S. Lee, Health, Life Sciences & Medical Products Litigation, Life Sciences - Health
“Univision Tells DAR.fm to Pull Stations Off Website”
Radio World, October 7, 2011
Jorge Arciniega, representing Univision, requested that a radio recording service cease and desist allowing permanent downloads of his client’s MP3 recordings. Mr. Arciniega stated in a letter to the service that to permit such downloads “is essentially opening the door for users to engage in copyright infringement, since unlimited copies can be made from downloaded MP3 files and then distributed to others.”
Jorge R. Arciniega, Intellectual Property, Patent Prosecution
“People on the Move”
Silicon Valley/San Jose Business Journal, October 7, 2011
Lin Deng was noted as a new partner in McDermott’s Menlo Park/Silicon Valley office, focusing on patent prosecution, trademark protection and client counseling.
Lin Deng, Intellectual Property, Patent Prosecution
“Movers and Shakers”
The Deal Pipeline, October 7, 2011
Jeffrey “Dan” Watkiss was noted as a new partner with the energy advisory practice in the Firm’s Washington office.
Jeffrey D. Watkiss, Energy Advisory
“Amazon Invites California Affiliates to Return”
TaxAnalysts/State Tax Today, October 6, 2011
Arthur Rosen, commenting on California’s one-year suspension of enforcing state tax nexus requirements against business affiliates of Amazon.com, said that such “click-through nexus provisions are very, very weak because in almost every factual situation they don’t meet the Scripto/Tyler Pipe requirement” that a business affiliate be “significantly associated” with a remote seller’s ability to establish and maintain a state sales market.
Arthur R. Rosen, State & Local Tax, Tax
“Troubled Power Plants Face Uncertain Future”
Law360, October 6, 2011
Iskender “Alex” Catto predicted that “a sea change in the current and forward price of natural gas” toward “absolutely flat” pricing will mean that small- to medium-sized independent electric power plants “will struggle mightily as their hedges run off and they’re forced to pay their debts as they come due.” Mr. Catto said this means “there will be a change of control” at many such plants as buyers “will be getting them at market value today.”
Iskender H. Catto, Energy Advisory
“Privacy Breaches Leave State Agencies Open to Liability”
Law360, October 6, 2011
Heather Egan Sussman, noting that data security breaches by hackers against state and local government agencies are increasing, called such organizations “vulnerable entities, and yet these entities have some of the most sensitive data on citizens.” Although officials acting in good faith generally cannot be sued, she warned that they may in some instances be held personally liable for a data loss if they are found negligent. Ms. Sussman advised local governments to follow the federal data security lead “by coming up with a uniform set of guidelines. There hasn’t been the same coherent strategy for state and local agencies, but there should be.”
Heather Egan Sussman, Employee Benefits, Global Data Privacy Programs
“Sharp, Rovi Make Peace in Patent Suit, ITC Action”
Law360, October 5, 2011
Joel Freed, Yar Chaikovsky, David Larson, Hong Lin, Jeremiah Armstrong and Cary Chien represented client Rovi in securing a settlement with Sharp Corp. over allegations that some of Sharp’s products infringe three of Rovi’s programming guide technology patents.
Jeremiah Armstrong, Yar R. Chaikovsky, Cary Chien, Joel M. Freed, David L. Larson, Hong S. Lin, Intellectual Property, IP Litigation
“U.S. Practitioners Examine Draft Language Implementing Obama Proposal on Subpart F”
BNA Daily Tax Report, October 5, 2011
Steven Hannes, commenting on the Administration’s Subpart F proposal to tax excess income from transfers of intangibles to low-tax jurisdictions, said that it is unclear what constitutes “use” of an intangible under the proposal. “Just because you used a patent, is 100 percent of gross income from the sale of property within the scope of the proposal?” he asked. “The way the statute seems to work is that once there is an intangible and the excess intangible income is exceeded, the excess is Subpart F income whether or not it is solely attributable to the intangible.”
Steven P. Hannes, International Tax, Tax
“Genzyme Gets Rival Pain Med Barred For Now In IP Row”
Law360, October 4, 2011
Melissa Nott Davis and Sarah Chapin Columbia represent Seikagaku Corp. in a patent infringement case brought on by Genzyme Corp.
Sarah Chapin Columbia, Melissa Nott Davis, Intellectual Property, IP Litigation
“McDermott Moves to Larger Miami Office”
Daily Business Review, October 4, 2011
McDermott Will & Emery expanded its Miami operations by adding more space and moving to the downtown Wells Fargo Center. The firm now occupies 31,000 square feet, up from 21,000 square feet at the Miami Center. To celebrate the opening, McDermott chose to make an undisclosed donation to All-Aboard-Family Literacy Program, a multicultural after-school program in Miami. The firm has 32 attorneys in Miami and more than 1,000 firmwide in 16 offices internationally.
“New Hires: Firm Adds to Life Sciences Practice”
Washington Post’s Capital Business, October 3, 2011
Glenn Engelmann and Susan Lee were recognized for joining McDermott Will & Emery’s Life Science Practice Group. Both lawyers' photos were included with the story.
Glenn Engelmann, Susan S. Lee, Health, Life Sciences & Medical Products
“Movers & Shakers: October 3, 2011”
The Deal Pipeline, October 3, 2011
Glenn Engelmann and Susan Lee were noted for recently joining McDermott Will & Emery’s Life Sciences Practice Group.
Glenn Engelmann, Susan S. Lee, Health, Life Sciences & Medical Products
“DC Comp Must Investigate Ryanair Complaints”
Global Competition Review, October 3, 2011
Victoria Pinotti, referring to Europe’s General Court ruling that the European Commission must revisit complaints Ryanair lodged six years ago over alleged state aid given by the Italian government to its rival said, “Ryanair has won the battle but not the war, because while the court found the commission failed to examine Ryanair complaints under EU procedure, it did not address the merits of the alleged breach of state aid rules.”
Veronica Pinotti, Antitrust & Competition
“Global View”
World Trademark Review, October/November 2011
Robert Lundie-Smith commenting on the European Commission's blueprint for IP right's, which has been designed to boost creativity and innovation in Europe, said that "A review of the proposal shows that the commission sees the fragmentation of IP rights across the Community as having negative implications for Europe's growth, job creation and competitiveness and, therefore, is likely to press for an ever more harmonised rights system within Europe".
Robert Lundie-Smith, Intellectual Property, IP Litigation, IP, Media & Tech - London
“The Gateway to Antitrust Damages Actions in the EU”
Global Competition Review, October 2011
McDermott Will & Emery was recognized by Global Competition Review’s annual “Germany Country Survey” for its Antitrust/Competition practice group in Germany. Partners Martina Maier (BRU-ANT) and Philipp Werner (BRU-ANT) were featured in the survey.
Martina Maier, Philipp Werner, Antitrust & Competition
“New Patent Law Highlights the Need for Speed”
CFO.com, October 1, 2011
Yar Chaikovsky, referring to the first-to-file system under the America Invents Act said, “Under the new law, companies may file less-expensive provisional applications that essentially save their place in line for up to a year before they submit a full patent application. But the provisional application is not a magic pill. Mr. Chaikovsky continues, “If companies do not spend enough time (and money) producing detailed provisional documents, their subsequent , more comprehensive applications may be so far removed from their initial proposals that they may lose their rights to the earlier filing date.”
Yar R. Chaikovsky, Intellectual Property, IP Litigation
“Innovating Our Way to Better Health”
MPO Magazine, October 2011
Christopher Donovan was noted as moderator for a well-attended panel discussion on negotiating medical product outsourcing agreements, held at the annual conference of the Advanced Medical Technology Association in Washington, DC.
Christopher J. Donovan, Corporate, Life Sciences - Medical Products & Technology
“How Low Rates Can Cut Your Tax Bill”
The Wall Street Journal, October 1, 2011
Carol Harrington, citing such issues as how the Internal Revenue Service resets the interest rates it allows for private loans and various estate-planning transactions carried out each month, said that low interests rates make intrafamily loans especially attractive. Ms. Harrington stated, “It’s a wonderful time to lend to a child, say, to buy a house.”
Carol A. Harrington, Private Client
“Industry Insider: Tom Jones and LJ Fallon”
Cayman Financial Review, Fourth Quarter 2011
Thomas Jones predicted that the clinical integration encouraged by the health reform law will make healthcare providers “much larger, with more services and more risks, although to achieve better care at a lower price they will have to be integrated risks. The conventional wisdom is that this will stimulate captive [insurer] growth” in the Caymans and other regions. Mr. Jones called the captive insurance industry “not directly, substantially affected by financial turmoil,” adding: “The captive industry is resilient. Captive start-ups are just as robust today as they’ve ever been.”
Thomas M. Jones PC, International Tax, Tax
“Yahoo Denied Atty Fees After Beating Patent Suit”
Law360, September 30, 2011
Yar Chaikovsky, Fay E. Morisseau, Christopher D. Bright and Natalie A. Bennett successfully represented Yahoo Inc. against Bedrock Computer Technologies in an infringement lawsuit over a patent covering Linux data storage. A Texas federal judge ruled that Bedrock will not have to pick up Yahoo Inc.’s legal fees.
Natalie A. Bennett, Christopher D. Bright, Yar R. Chaikovsky, Fay Morisseau, Intellectual Property, IP Litigation
“McDermott Will & Emery Announce Several Hires”
Intellectual Property Magazine, September 30, 2011
Lin Deng, Victoria Friedman and Jon D. Magluyan were noted among the 25 IP lawyers who joined McDermott Will & Emery’s Intellectual Property Practice throughout the year of 2011.
Lin Deng, Victoria Friedman, John D. Magluyan, Intellectual Property, Patent Prosecution
“Solyndra’s Lawyers Major Obama, Democratic Donors”
The Daily Caller, September 30, 2011
William Weld, Stephen Ryan, David Ransom, Eugene Litvinoff and Jon Decker have been hired to advise Solyndra during the ongoing Congressional investigation from the House Energy and Commerce committee. They, along with many McDermott employees, donated generous amounts to Democrats and President Obama’s campaigns.
Jon Decker, Eugene S. Litvinoff, David Ransom, Stephen M. Ryan, William F. Weld, Government Strategies, White-Collar & Securities Defense
“Solyndra Seeks Lawyers in Criminal Probe”
Hispanic Business, September 30, 2011
William Weld has been hired represent Solyndra, California solar company, in connection with investigations of the company in Congress.
William F. Weld, Government Strategies
“President’s We the People Website Includes Well Supported Software Patent Ban Petition”
BNA’s Patent, Trademark & Copyright Journal, September 30, 2011
Leigh Martinson, commenting on a September 28 petition that received more than twice the minimum required to force the administration to provide a response, said “While this is an old debate, the passing of the new patent reform laws seems to have sparked interest in the topic again.” Mr. Martinson continued, “Certainly arguments can be made for both pro- and anti-software patent positions. However, a close review of the new legislation could lead one to believe Congress is actually encouraging the ‘individual inventor’ to protect his patentable software ideas by substantially lowering the official patent office fees associated with the prosecution of patent.”
Leigh J. Martinson, Intellectual Property, IP Litigation
“The Long-Awaited Patent Reform is Now Law. This Week, We Look at its Ramifications”
Boston Business Journal, September 30, 2011
Leigh Martinson, commenting on the patent reform law’s effect on the first-to-file system, said, “I think it will force some companies to change the way they do things. Now there’s a risk every time you decide not to file for something because someone else could.” Mr. Martinson continued, “We might see companies streamline their patent review process and maybe even force people like me to have tighter deadlines.”
Leigh J. Martinson, Intellectual Property, IP Litigation
“ProMedica, FTC to Offer Closing Arguments”
The Deal Pipeline, September 29, 2011
David Marx and Stephen Wu represented client ProMedica in a case brought on by the Federal Trade Commission. Closing arguments in the in-house FTC trial were scheduled for the last week in September and will close out the administrative hearing phase of the agency’s attempt to force ProMedica to divest St. Luke’s Hospital, which ProMedica bought in 2010.
David Marx Jr., Stephen Wu, Antitrust & Competition
“Global News About Intellectual Property Topics”
Bloomberg News, September 28, 2011
Lin Deng, new Intellectual Property partner in McDermott’s Silicon Valley office, counseled China’s Hangzhou Zhongce Rubber in a 2008 patent dispute involving tire treads. She will advise Chinese companies on IP matters, and also works for clients in the semiconductor, telecom, automotive and computer sectors. Also joining the firm’s IP practice is Victoria Friedman as counsel in the Chicago office. Ms. Friedman does patent and trademark acquisition and licensing.
Lin Deng, Victoria Friedman, Intellectual Property, Patent Prosecution
“Power Circuit”
Washingtonian, September 28, 2011
Glenn Engelmann (former general counsel at AstraZeneca Pharmaceuticals) and Susan Lee were noted as new Washington office members of McDermott’s Life Sciences practice.
Glenn Engelmann, Susan S. Lee, Health, Life Sciences & Medical Products
“Anti-Software-Patent Petition Makes White House’s Top 10”
Computerworld, September 28, 2011
Leigh Martinson, commenting about the large number of signatures on a petition to ban software patents that has been submitted to the White House, said that while it is hard for the solo software developer to know if the program they are working on is already patented, a software patent overall provides “a competitive advantage, and it keeps people employed.”
Leigh J. Martinson, Intellectual Property, IP Litigation
“2011 PlanSponsor National Conference: So, Sue Me”
PlanSponsor Magazine, September 28, 2011
Nancy Ross advised attendees at a national conference of healthcare plan sponsors that, if they are sued, they face a long, tedious discovery process in which plaintiffs will ask for documentation of everything – including emails going back years. Ms. Ross also told plan sponsors that if a fiduciary seeks advice from an attorney for the benefit of plan participants, there is no confidentiality privilege. Her final warning: don’t put anything in writing that you don’t want printed in The Wall Street Journal.
“AstraZeneca GC Engelmann Jumps to McDermott Will”
Blog of Legal Times, September 27, 2011
Glenn Engelmann, now Life Sciences senior counsel with McDermott in Washington, formerly was the top counsel for leading pharmaceutical company AstraZeneca, where he advised company leadership on a variety of legal and regulatory matters. Associate Susan Lee, who joins him in the Life Sciences practice, has a strong background in matters involving the Food & Drug Administration and clinical trials.
Glenn Engelmann, Health, Life Sciences & Medical Products
“McDermott Adding Patent Prosecutors in S.V., O.C.”
The National Law Journal, September 27, 2011
Mark Itri said the addition of 11 patent lawyers in McDermott's Orange County office and 2 in the Silicon Valley office, as well as other additions in four other U.S. offices, illustrates that client demand for IP counseling is up and shows no signs of slowing down. Itri said that about one year ago,"we realized that with our then-current bandwidth, we would not be able to meet the needs of our clients. Clients would be more willing to send us more work if we had a larger bench.” The two most recent additions in the Silicon Valley office are partner Lin Deng (who advises Chinese companies on IP strategies) and associate Gregory Rabin.
Lin Deng, Mark J. Itri, Gregory S. Rabin, Intellectual Property, Patent Prosecution
“A Conversation with Kam Quarles, Agricultural Policy Executive”
The Atlantic, September 27, 2011
Kam Quarles, McDermott’s director of legislative affairs, singled out “the gigantic amount of risk that farmers endure in bringing [their] crops to market, and the policy impacts that result” as something that more people should understand about the agricultural sector. “Weather, pests, and diseases, lack of adequate labor, exchange rate fluctuations, futures volatility, spikes in input prices … any of these variables can make or break a farmer's year,” he explained. “To the people who think there are easy answers to these issues for producers or policymakers, they need to spend some time on a farm.”
W. Kam Quarles, Government Strategies
“The Churn: Lateral Moves and Promotions in the AmLaw 200”
AmLaw Daily, September 27, 2011
Glenn Engelmann was noted as the new Life Sciences senior counsel in McDermott’s Washington office. A former Vice President and General Counsel at AstraZeneca, Mr. Engelmann will focus on complex legal and regulatory issues affecting the pharmaceutical industry.
Glenn Engelmann, Health, Life Sciences & Medical Products Litigation
“High-Priced Law Firm Gets OK to Represent Solyndra”
The Washington Times, September 27, 2011
The U.S. Bankruptcy Court in Delaware ruled that Solyndra may retain McDermott Will & Emery as its counsel. Stephen Ryan, William Weld, and David Ransom are representing the company.
David Ransom, Stephen M. Ryan, William F. Weld, Government Strategies
“CLC’s Kennedy Center Rooftop Celebration”
Legal Bisnow, September 27, 2011
Joanne Ludovici-Lint and Christopher Paulraj were pictured at the Helping Children Soar benefit for the Children’s Law Center, Washington DC’s largest legal nonprofit. The article noted that Ms. Ludovici-Lint heads the Firm’s global trademark prosecution practice, while Mr. Pauraj, also an Intellectual Property lawyer, has degrees in Biomedical Engineering and Polymer Science.
Joanne Ludovici-Lint, Christopher G. Paulraj, Intellectual Property, Patent Prosecution
“AstraZeneca GC Joins McDermott’s Life Sciences Group”
Law360, September 27, 2011
Glenn Engelmann, former general counsel at AstraZeneca Pharmaceuticals, joined the Life Sciences practice in McDermott’s Washington office. Mr. Engelmann said he was “drawn to McDermott’s multidisciplinary and coordinated approach to life sciences.” His experience handling regulatory investigations and patent litigation was praised by Stephen Bernstein, who said that Englemann knows “firsthand the concerns and motivations that drive our clients.” Also joining the Washington Life Sciences practice was associate Susan Lee, who will focus on regulatory compliance and public policy matters.
Stephen W. Bernstein, Glenn Engelmann, Susan S. Lee, Health, Life Sciences & Medical Products
"McDermott Advises Munich Re and Methorios Capital S.p.A. on Key Matters"
TopLegal Magazine, September 27, 2011
McDermott Italy is cited in relation to our work in assisting Munich Re and Methorios Capital S.p.A. on a corporate, antitrust and tax matter. Partners Filippo Mazza, Mario Martinelli and Veronica Pinotti are mentioned.
Mario Martinelli, Filippo Mazza, Veronica Pinotti, Antitrust & Competition, Corporate, International Tax, Italy, Tax
“McDermott Will & Emery Adds Lin Deng as Partner”
San Jose Business Journal, September 27, 2011
Lin Deng joined McDermott’s Menlo Park/Silicon Valley office as a partner focusing on patent and trademark prosecution and patent counseling, particularly in working with Chinese companies on their IP strategies and patent portfolio management.
Lin Deng, Intellectual Property, Patent Prosecution
“Petitioners Ask White House to End Software Patents”
Law360, September 26, 2011
Leigh Martinson said that, despite the fact that thousands of signatures appear on a petition calling for abolition of all software patents sent to the White House, “I can’t imagine the government is going to go out of its way to make a statement with regard to this.” Mr. Martinson noted that the new patent reform law did not address software patents, and that it would be highly impractical to void such patents. “Hundreds of man-hours of labor can go into creating software,” he added. “Why should you not be able to protect that work?”
Leigh J. Martinson, Intellectual Property, IP Litigation
“Gaspari Nears $1M Deal Over Supplement Marketing Claims”
Law360, September 26, 2011
Thomas Ryan, Matthew Oster and Pantea Lili Ahmadi represented client Gaspari Nutrition in securing a California federal judge’s tentative approval of a settlement for consumer class claims involving the marketing of a bodybuilding supplement.
Pantéa Lili Ahmadi, Matthew Oster, Tom Ryan, Trial
"McDermott Tapped to Represent Solyndra"
The Washington Post, September 25, 2011
McDermott partners Stephen Ryan, William Weld, David Ransom and advisor Jon Decker have been hired to advise Solyndra, a California solar company that filed for bankruptcy this month, in a government investigation.
Jon Decker, David Ransom, Stephen M. Ryan, William F. Weld, Government Strategies
“Washington Area Appointments and Promotions for the Week of Sept. 26”
Washington Post, September 25, 2011
Jeffrey (Dan) Watkiss was cited as a new partner in McDermott’s Energy Advisory practice, based in Washington.
Jeffrey D. Watkiss, Energy Advisory
“Crummey Trusts Still Smart, Say Advisers”
Wall Street Journal, September 24, 2011
Carlyn McCaffrey said that a recent Tax Court finding for an estate that failed to send out required annual withdrawal notice letters to beneficiaries of a so-called Crummey trust should not be taken as license to avoid sending such letters. She predicted that the IRS will continue to pursue trusts that fail to give proper withdrawal notice.
Carlyn S. McCaffrey, Private Client
“Isis Calls Out Santaris Over Drug Development Deals”
Law360, September 23, 2011
William Gaede III, Shane Smith, Jason Strabo and Derek Meyer represent drug developer Isis Pharmaceuticals in a patent infringement lawsuit that accuses a competitor of exploiting the antisense technology pioneered and patented by Isis through repeatedly selling and offering it for sale to other pharmaceutical companies.
William Gaede, Derek J. Meyer, Shane G. Smith Ph.D., Jason D. Strabo, Intellectual Property, Trial
“McDermott Adds Paris Partner Amid Busy Local Lateral Market”
Legal Week (UK), September 22, 2011
Jonathan Wohl, who joined McDermott’s Paris office as a partner and will practice there with several colleagues from a previous firm, said that his decision involved “more than just a reunion with some old friends – although that was one of the things that did make me want to join. McDermott has big plans for its Paris office, and I look forward to helping to grow its client base.”
“Garbage In, Trouble Out”
CFO.com, September 21, 2011
Susan Cooke warned that companies recycling old computer equipment are still liable for the environmental impact of the process. Outsourcing to a recycler “doesn’t mean that you say, ‘Well, it’s not our problem anymore,’” Ms. Cooke explained. “What many companies found in the past was somebody might have a license [to recycle], but that didn’t protect you if things went bad.” Companies should also be wary of donating used equipment, she added, because “a regulatory authority is going to see whether what the company was really trying to do was to get rid of the materials without having to pay for disposal.”
Susan M. Cooke, OSHA, MSHA & Catastrophe Response
“Marketplace”
New York Law Journal, September 21, 2011
William Stempel was noted as representing Savannah, a New York-based real estate private equity and asset management firm, in its 10-year lease of commercial office space in the financial district to a 15-lawyer defense firm that is moving from its Brooklyn offices.
“Judge Orders DOJ to Provide Details in Asset Forfeiture Case”
Blog of Legal Times, September 21, 2011
Gordon Greenberg, representing bank liquidators trying to keep the US government from seizing over $250 million allegedly derived from criminal actions by a former Ukranian politician, contributed to securing a Washington federal district court ruling that the Department of Justice must provide more specific information about the proposed seizure.
Gordon A. Greenberg, White-Collar & Securities Defense
“McDermott Wins Asylum for Woman in Trafficking Case”
Chicago Daily Law Bulletin, September 21, 2011
Brett Johnson said that a McDermott pro bono team won asylum for a sex trafficking victim from Democratic Republic of Congo by “present[ing] the case as one of persecution” because “the odds of her being sex trafficked again were very high.” On the team with Mr. Johnson were Brett Bachtell, Mennatallah Eltaki, Katherine Schon and Sandra McGill (who as a French speaker did most of the communication with the client). Pro Bono Counsel Latonia Haney Keith said the team’s success “speaks a lot to the quality of work and dedication” the firm has in asylum cases.
Brett E. Bachtell, Menna Eltaki, Brett R. Johnson, Latonia Haney Keith, Sandra P. McGill, Katherine M. Schon, Employee Benefits, Intellectual Property, Pro Bono & Community Service, Tax
“How They Won It: McDermott Scores $230M from Getty”
Law360, September 21, 2011
Anthony Bongiorno said the starting point in McDermott’s $230 million ethanol contract arbitration win for client Bionol over Getty Petroleum Marketing was the realization that his team “had to strike a balance between reserving all of our legal rights and maintaining a revenue stream for this company to keep it in business.” McDermott helped Bionol sell ethanol to Getty at market prices while preserving the ability to arbitrate what was owed under contract. Matthew Martel added that a second challenge was to “make sure that arbitration didn’t walk and talk like litigation does in our court system,” and instead, in Mr. Bongiorno’s words, “stay focused on what this was: a contract dispute.”
“Patent Bar in Mass. Split on Impact of New Law”
Massachusetts Lawyers Weekly, September 20, 2011
Leigh Martinson predicted that the new patent reform law’s impact on infringement claims will mean “fewer defendants in each multiple-defendant case, but won’t slow down the pace of filing” of such cases by non-practicing entities (NPEs) who sue in the hope of getting licensing agreements for patents they hold. He added that the law will thus likely slow down NPE licensing revenue because “it messes with their strategy.”
Leigh J. Martinson, Intellectual Property, IP Litigation
“Health Cuts Would Be Spread Over a Wide Variety of Programs”
Boston Globe, September 20, 2011
Eric Zimmerman said that an Obama Administration deficit reduction plan that includes Medicare and Medicaid cuts “will not likely advance as a package,” but stakeholders such as teaching hospitals and drug manufacturers “would dismiss it at their peril” because “individual aspects of it most certainly could advance.”
Eric Zimmerman, Health, Health Care Law Reform
“Industry to Supercommittee: Back Exchange Program”
Modern Healthcare, September 19, 2011
Eric Zimmerman criticized efforts by the Administration and Congress to squeeze cost savings from healthcare providers by attempting to crack down on alleged waste, fraud and abuse, “all for seemingly no reason than this is part of the oversight effort and fraud-crackdown effort – without errors and incidents that warrant that kind of scrutiny.” Noting that “politically, it’s easy to do” such investigations, Mr. Zimmerman warned that “at some point it adds to the cost of healthcare because of the administrative burden on the healthcare provider.”
“D.C. Moves”
National Law Journal, September 19, 2011
Jeffrey (Dan) Watkiss was noted as a new partner with McDermott’s energy advisory practice in Washington. He has particular experience providing regulatory and compliance guidance to power and natural gas companies.
Jeffrey D. Watkiss, Energy Advisory
Embattled Solar Company Solyndra Hires McDermott
Blog of LegalTimes, September 19, 2011
William Weld, Stephen Ryan, David Ransom, Eugene Litvinoff and Jon Decker have been hired to represent Solyndra, a California solar-energy company under scrutiny for a $535 million federal loan guarantee.
Jon Decker, Eugene S. Litvinoff, David Ransom, Stephen M. Ryan, William F. Weld, Government Strategies, White-Collar & Securities Defense
“Boards Watch Anxiously as Nonprofit Pay Draws States’ Scrutiny”
Chronicle of Philanthropy, September 18, 2011
Michael Peregrine predicted that “other states are going to jump in” to copy the inquiries begun or legislation introduced in several states regarding alleged excessive compensation to charity executives, largely because “the attorneys general in states that have staff to pursue nonprofit compensation will find it politically expedient to do so.” Mr. Peregrine added that charity boards can thus no longer afford to rubber-stamp the compensation recommendations of consultants.
“IRS Loses a Gift-Tax Battle”
Wall Street Journal, September 17, 2011
Carlyn McCaffrey, commenting on a Ninth Circuit decision that upheld a complex estate planning strategy of transferring hard-to-value assets to a limited liability company for making large gifts to beneficiaries, said that the IRS challenged the strategy because if the taxpayer prevailed, the IRS “had no incentive to audit” the asset valuation.
Carlyn S. McCaffrey, Private Client
“Warning: Too Many Eggs in One Basket”
Barron’s, September 17, 2011
Henry Christensen III advised structuring trusts with a heavy concentration in one asset as a directed trust with a third party appointed to direct investing. In such an arrangement “a directed trustee will have materially reduced [his] risk of liability,” Mr. Christensen said, especially in Delaware and a number of other states that are relatively hospitable to concentrated holdings.
Henry Christensen III, Private Client
“Earning Income by Making a Gift”
Wall Street Journal, September 17, 2011
Neil Kawashima said that making a charitable gift annuity to a nonprofit in exchange for lifetime fixed annuity payments is a good way to help a charity, get an upfront tax deduction and secure a predictable lifetime income stream. He added, however, that before making such a donation it is advisable to determine what the charity will do to guarantee the payments, particularly when donors outlive their life expectancy.
Neil T. Kawashima, Private Client
“SeaWorld Fights for Future of Killer-Whale Shows”
Orlando Sentinel, September 16, 2011
Arthur Sapper explained that SeaWorld likely is challenging the OSHA citation that it committed a “willful” safety violation when an animal trainer was killed by a killer whale at its Orlando park because the company is uncertain if it can meet OSHA’s proposed remedial actions. “You can’t effectively promise the federal government, at the risk of jeopardizing your company, that you’re going to abate if you’re not sure you can,” Mr. Sapper stated.
Arthur G. Sapper, OSHA, MSHA & Catastrophe Response
“Obama Signs Patent Bill, Sees Boost for Innovators”
Reuters, September 16, 2011
Bernard Codd called predictions that the new patent reform law will spur the addition of large numbers of jobs “a little bit overblown,” adding that such an employment increase is “going to depend more on the national economy picking up. This [law] may be a piece of the puzzle.”
Bernard P. Codd, Intellectual Property
“Rural Hospitals Sue for $86M in Medicare Reimbursements”
Blog of Legal Times, September 16, 2011
Ankur Goel explained that a group of rural hospitals he represents is suing the Department of Health and Human Services for lost reimbursements from a Medicare calculation adjustment that “is going to fall on these primarily rural hospitals and the change in policy is going to negatively affect them financially.” He added, “The lawsuit is just intended to pay the reimbursement in accordance with the statute.”
“PE-Backed Highpoint Gas Buys Louisiana Assets from El Paso Corp. Unit”
The Deal Pipeline, September 16, 2011
Blake Winburne counseled Boston private equity firm ArcLight Capital Partners on its role in a partnership with a midstream energy services provider to buy 621 miles of natural gas pipeline assets. The Federal Energy Regulatory Commission must approve the deal.
Blake H. Winburne, Energy Advisory
“Gramercy Park Hotel Settles ADA Violations”
Courthouse News Service, September 15, 2011
Banks Brown represented New York’s famous Gramercy Park Hotel and its owner/operator in settling a lawsuit over accommodations for people with disabilities.
“Lawsuit Filed Over Small-Hospital Reimbursement”
Modern Healthcare, September 15, 2011
Ankur Goel, representing a group of mainly rural hospitals suing the federal government to recoup Medicare payments reduced under a new process and to change the reimbursement formula, expressed doubt that the government “has the authority to adjust the rates in the way that they did under the Medicare statute,” adding that Medicare had “reached the same conclusion several times over the past few years, and we agree with their prior determinations on that.”
“McDermott Unveils London Growth Agenda in Wake of Restructuring and Departures”
Legal Week (UK), September 15, 2011
Hugh Nineham said that redirecting McDermott’s London office emphasis upon six key practice areas will create “a more focused, more integrated operation in London,” meaning that the office is “in an ideal position for growth … where we can genuinely say to clients that we are the best in the market in these chosen practice areas.”
“McDermott Will & Emery Appoints Partner in Paris”
Unquote (France), September 15, 2011
Jonathan Wohl was featured as the newest partner among the 12 professionals of McDermott’s Paris office. Mr. Wohl, who previously practiced in Paris and Hong Kong, will focus on merger and acquisition matters.
“Decker Gets POTUS Radio Series”
Mediabistro.com, September 15, 2011
Jon Decker was noted as host of a new radio interview series on Sirius XM POTUS, “White House Insider.” The series will feature Mr. Decker and his guests offering behind-the-scenes discussion of presidential politics as the 2012 election approaches.
Jon Decker, Government Strategies
“Redskins Owner Dan Snyder Drops Libel Suit Against Newspaper”
Daily Business Review, September 14, 2011
Richard Smith and Jacqueline Chaffee again were listed as members of Mr. Snyder’s legal team in litigation regarding his defamation dispute with a Washington newspaper.
Jacqueline Browder Chaffee, Richard W. Smith, Trial
“Patent Law’s Passage Spurs Flood of New Complaints”
The Recorder, September 14, 2011
Yar Chaikovsky predicted that, because the new patent reform law attempts to curb multi-defendant infringement lawsuits by nonpracticing entities, “at least in the short term, there’s going to be a lot more patent litigation” filed by those entities before the law takes effect. “That means litigators will be busy,” Mr. Chaikovsky added.
Yar R. Chaikovsky, Intellectual Property
"Easily Confused Trademarks Refused Registration (Policy Interpretation)"
People’s Daily of China (China’s Largest Newspaper), September, 14 2011
Wendy Wu (MWE China Law Offices) was quoted in this publication regarding the amendments to China's Trademark Law. Ms. Wu pointed out that, under the amendments, sound will for the first time become eligible for a trademark in China. She explained that, as in the U.S., sounds could now be recognized as a unique asset for which individual and businesses could seek a trademark. However, there are many technical issues to resolve in China, including how best to enforce sound trademarks and the standard of determining the similarity and identity of two sound trademarks. To view the full article in Chinese, click here.
Intellectual Property, Patent Prosecution
“1st Circ. Affirms Airframe Loss in Source Code Row”
Law360, September 14, 2011
John Dabney, Neal Minahan and Michael Shanahan represented Airframe Systems Inc. as plaintiff in copyright infringement litigation involving aircraft maintenance tracking software.
John J. Dabney, Neal E. Minahan, Michael E. Shanahan, Intellectual Property, Trial
“The Churn: Lateral Moves and Promotions in the AmLaw 200”
AmLaw Daily, September 13, 2011
Jeffrey “Dan” Watkiss was noted as a new partner in the energy advisory practice of McDermott’s Washington office, focusing on the regulatory and compliance representation of power and natural gas companies.
Jeffrey D. Watkiss, Energy Advisory
“U.S. Targets Drug Executives”
Wall Street Journal, September 13, 2011
Michael Peregrine called the “responsible corporate officer doctrine,” which creates personal and criminal liability for executives whose companies violate the law, the “ticket around the need to prove criminal intent” for federal prosecutors. For that reason, Mr. Peregrine said, the doctrine “puts the pistol to the head of the very senior executives.”
“Dan Snyder Drops Libel Lawsuit Against Washington City Paper”
Blog of Legal Times, September 12, 2011
Richard Smith and Jacqueline Chaffee were noted as members of the legal team representing the owner of the Washington Redskins in litigation related to a defamation lawsuit that has now been dropped.
Jacqueline Browder Chaffee, Richard W. Smith, Trial
“Movers: New Arrivals”
National Law Journal, September 12, 2011
David Spackman was noted for joining the Firm’s Boston office as counsel. Mr. Spackman will focus on corporate governance, executive compensation and conversion transactions as a member of the health industry advisory practice group.
“Bracewell Energy Pro Joins McDermott’s DC Office”
Law360, September 12, 2011
Jeffrey “Dan” Watkiss, who represents energy companies in transactional and compliance matters, cited the complementary strengths of McDermott’s antitrust and intellectual property practices as reasons for his decision to join the Firm’s Washington office as a partner. Blake Winburne, head of McDermott’s energy advisory practice group, called Mr. Watkiss “a highly respected, senior member of the energy regulatory bar.” It was noted that Iskender “Alex” Catto had previously joined the energy advisory group in the New York office.
Jeffrey D. Watkiss, Energy Advisory
“US Capitol Capsule: Patent Reform Done, But Will It Create Jobs?”
Scrip, September 12, 2011
Bernard Codd said the new patent reform law replaces patent interference proceedings with a derivation proceeding in which “the later filers will have to show that the earlier filer derived their invention from the later filer’s invention,” meaning the first to file may not absolutely win a patent. Mr. Codd also questioned the law’s ban on patent claims encompassing human organism cloning, saying that if individual body organs could be cloned, “that should be something that should be patented, because it obviously would be an expensive undertaking to do research in those areas.” Finally, Mr. Codd said “it would be nice” if the bill helped create new jobs, “but I’m not convinced about that.”
Bernard P. Codd, Intellectual Property
“9/11 Then & Now: Ten Years After the World Changed”
Washington Business Journal, September 9, 2011
Margaret Warner said that one important effect of the 9/11 terrorist attacks is that resulting litigation and arbitration over related insurance coverage set new precedents for handling liability insurance after a disaster. “Businesses have much, much better protocols in place to deal with disruptive events, and are much more attuned to risk management,” she stated.
“H. Kramer Facing Penalty for Alleged Emissions”
American Metal Market Daily, September 9, 2011
Todd Wiener asserted that a series of emissions tests on his Chicago brass and bronze foundry client demonstrated that the company’s emissions “are well within compliance with all laws and permit conditions,” showing that the plant “is not a source of lead emissions at the state’s monitoring stations.” He added that the plant has agreed to install new equipment and undertake other measures that “will not disrupt production in any way.”
“Senate Passes Historic Patent Reform Legislation”
National Law Journal, September 8, 2011
Yar Chaikovsky said the new patent reform law will provide “some benefits to the patent office, but some of the benefits are being overstated.” For example, he felt there is “no support” for claims that the law will create substantial numbers of new jobs, and lamented the fact that the law does not contain proposed provisions on calculating damages in infringement litigation, which would have been “helpful to corporations large and small and people involved in patent litigation generally.”
Yar R. Chaikovsky, Intellectual Property
“Kobo Sues to Keep Its E-Reader Away from Borders Buyer”
Paid Content.org, September 8, 2011
Shon Lo, speaking of an e-reader maker’s attempt to keep the license for its product from whoever buys the bankrupt book retailer that made the e-reader available, said that “generally, a trademark license can’t be assigned without the owner’s permission.”
Shon Lo, Intellectual Property
“How Internet Naming Authority ICANN Plans to Double Its Revenues”
Paid Content.org, September 8, 2011
Lynne Boisineau said that registering brands as one of the top-level Internet domain names offered by independent domain name authority ICANN may interest some media sector companies, but “it doesn’t make sense for other businesses” to pursue such a strategy.
Lynne Boisineau, Intellectual Property
“Congress Approves Historic Patent Legislation”
National Journal, September 8, 2011
Paul Devinsky welcomed the new patent reform law, saying that, “While some controversial issues remain to be tackled, most in the patent community hope that [the law’s] steps towards harmonization and procedures to filter out undeserving patents will go a long way towards strengthening the overall system without damaging the incentives to innovate.”
Paul Devinsky, Intellectual Property
“How the SEC Hedged Its Proxy Access Plan”
CFO.com, September 8, 2011
Thomas Murphy predicted that public companies will be less likely to see shareholder proxy proposals under the SEC’s newly effective Rule 14a-8 than they would have had full proxy access survived under a more expansive proxy access plan for investors that was rejected in July.
“Leahy: Amending Patent Bill Would Be Unnecessary Delay”
National Journal, September 8, 2011
Paul Devinsky said that while many in the patent community support a Senate patent reform bill amendment to prohibit diverting PTO fees, they do not want wrangling over such an amendment to delay passage of the bill. Mr. Devinsky still expected that the House-passed bill, which does not prohibit diversion, “is likely to pass intact” in the Senate, but added that “the latest attempt to impose an amendment will likely prevent the bill from being a ‘mission accomplished’ passage” in President Obama’s 9/8 congressional address to propose a jobs program.
Paul Devinsky, Intellectual Property
“Merge Healthcare Exits Coverage Fight Over $3M Award”
Law360, September 8, 2011
William Schuman called it “an absolutely clear result in our favor” that an Illinois federal judge allowed the removal of Firm client Merge Healthcare from an insurer’s lawsuit filed involving a company Merge recently acquired. “The court said we were correct – the parent company does not belong in the lawsuit – and said that so clearly, the court denied [the insurer] even the right to amend the complaint,” stated Mr. Schuman, who represented the client together with Monica Quinn Halloran and Katharine O’Connor.
“NY Same Sex Marriage Creates Tax Complications”
Wealth Briefing, September 6, 2011
Carlyn McCaffrey, citing such issues as the fact that legally married New York same-sex couples can file joint state tax returns but not joint federal returns, said that “wealth managers really need to associate with attorneys, accountants and others who are expert in these areas to get the best advice that will benefit their same-sex clients who live in New York and choose to get married, because these are very complicated issues.”
Carlyn S. McCaffrey, Private Client
“Another Dialysis Merger Gets FTC Scrutiny”
Global Competition Review, September 6, 2011
Joel Grosberg, Gregory Heltzer, Carla Hine and Daniel Powers were listed as McDermott’s counsel to DaVita, the second largest kidney dialysis treatment company in the U.S., in its merger with DSI, the fifth largest such company.
Joel R. Grosberg, Gregory E. Heltzer, Carla A. R. Hine, Daniel Powers, Antitrust & Competition
“Porn Domain Blocking Period for Brand Owners Kicks Off”
Law360, September 6, 2011
Lynne Boisineau said legitimate companies that pay an Internet registry of pornographic web sites to prevent the company’s association with the .xxx web domain “may send a message to the adult industry that the registration of misspellings and other variations of a company’s trademarks will be opposed, and may deter such registrations.”
Lynne Boisineau, Intellectual Property
“Under Pressure”
Modern Healthcare, September 5, 2011
Bernadette Broccolo said that some hospitals are resisting the use of web-based “cloud computing” data storage services for a number of reasons, especially the risk that such services will not meet data privacy requirements. Healthcare providers, she noted, “have additional risks and liability exposures tied to the accuracy, completeness, timeliness and overall integrity of the information because it relates to patient care.” Ms. Broccolo added that such resistance may dissipate as more large hospitals and health systems adopt cloud computing.
Bernadette M. Broccolo, Health
“Patent Reform Faces Final Hurdles in Senate”
National Journal, September 5, 2011
Yar Chaikovsky called the current version of a patent reform bill before the Senate “significantly controversial,” saying that “small businesses, corporations and individual inventors are significantly opposed” to the measure. “Some estimate the reform could create as many as 2 million jobs, but when you look under the covers, there does not appear to be any support for this,” Mr. Chaikovsky added.
Yar R. Chaikovsky, Intellectual Property, IP Litigation
“Against the Rule”
Modern Healthcare, September 5, 2011
Jessica Roth said that the Centers for Medicare and Medicaid Services (CMS) “decided to take a different approach” to measuring hospital efficiency than the historical length of stay standard, and instead opted to “measure efficiency through cost” in newly issued rules. This means that after a patient enters a hospital, CMS will take into account all of the care provided for a 30-day period, including patient satisfaction and outcome, to determine spending on that beneficiary.
“Thank You, State Tax Notes”
State Tax Notes, September 5, 2011
Arthur Rosen, a regular contributor to this highly influential publication, was listed among several other tax practitioners who were called “the most influential people in the business right now.”
Arthur R. Rosen, State & Local Tax, Tax
“Hybrid in a Trade Squeeze”
New York Times, September 5, 2011
Carolyn Gleason was quoted as "a long-time specialist in WTO cases" in a high-profile article on China's new draft electric car regulations, which require U.S. manufacturers to transfer technology to Chinese partners before being eligible for consumer rebates in China of up to $9,000 a car. “The rules do not allow a country to impose a requirement affecting the internal sale, distribution or purchase of a product in a way that favors its own products over imports,” Ms. Gleason stated. The story caused the Ranking Chair of the Ways & Means Committee, Sander Levin, and the Ranking Chair of the House Trade Subcommittee, Jim McDermott, to issue a press release the same day highlighting the article and calling for aggressive U.S. action, including through WTO cases
Carolyn B. Gleason, International Trade
“In Deep Water; Charity Incentive Could Backfire”
Sunday Telegraph, September 4, 2011
Martyn Gowar cautioned that British government proposals to lower the estate tax rate on persons who leave larger charitable bequests could reduce their charitable giving while alive. “Encouraging charitable giving is an admirable aim for the Government to have, but these proposals are complex, capricious and counterproductive,” Mr. Gowar said. “We fear that the very complexities, costs and uncertainties may well act to dissuade would-be testators from embracing it.”
“FTC Makes DaVita Sell Dialysis Clinics in $689M DSI Deal”
Law360, September 2, 2011
Joel Grosberg, Gregory Heltzer, Carla Hine and Daniel Powers advised DaVita Inc. on antitrust issues in its $689 million acquisition of a dialysis clinic operator. The Federal Trade Commission, in a proposed consent order, required the sale of a number of the clinics.
Joel R. Grosberg, Gregory E. Heltzer, Carla A. R. Hine, Daniel Powers, Antitrust & Competition
“Senate Set to Vote Yes on Patent Reform Bill”
Law360, September 2, 2011
Yar Chaikovsky said the patent reform bill nearing a final vote in the Senate was a step in the right direction but not a “transformational reform,” and expressed the opinion that “even with this passing, we’re going to be talking next year about what’s broken in the patent system.”
Yar R. Chaikovsky, Intellectual Property, IP Litigation
“Required Benefits”
SHRM.org, Society for Human Resource Management, September 2011
Todd Solomon in this video reminded employers with a fully insured health plan for employees in a state that recognizes same-sex relationships that they “will be legally required” to offer the benefits to same-sex spouses or domestic partners. Mr. Solomon added that “the recent trend among employers is to create spousal parity” in all benefits requirements, including with regard to proof required to verify a relationship.
Todd A. Solomon, Employee Benefits
“Avoid These HIPAA Land Mines Involving Your Practitioners’ Cell Phones”
Part B Insider, September 2011
Stephen Bernstein warned that, although texting patient health information is not technically illegal under HIPAA, it may be prohibited by more protective state laws. “From a HIPAA security standpoint, it’s better not to send emails and texts” with such information, Mr. Bernstein said, “but between the two, emails are safer than texts and, when possible, emails should be encrypted.”
“Podcast: Patent Reform”
Thomson Reuters Legal Current, September 2011
Bernard Codd said in this online interview that the new patent reform law’s replacement of first-to-invent with first-to-file for patent applications is “a concern to all patent practitioners,” because any delay in making a filing means the slower patent lawyer could be “exposed to some pretty big liabilities.” Another concern is the elimination of the interference proceedings in which some lawyers specialize. He noted, though, that the post-grant review process to replace interferences “has the potential to become a very flourishing area of patent practice.”
Bernard P. Codd, Intellectual Property
“UK-Swiss Secret Deposit Tax Agreed”
Spear’s Wealth Management Survey, September 2011
Martyn Gowar said that a new UK-Swiss agreement in principle to levy a one-off tax on deposits held by Britons at Swiss banks and establish a permanent withholding tax will help the British government “get a handle on everybody who’s not compliant. If you’re not, where do you go? The Swiss will be telling the UK [depositors] if they move an account out … there’s nowhere to hide. Banking secrecy doesn’t exist for the future.”
“Same-Sex Partner and Spouse Benefits”
SHRM.org, Society for Human Resource Management, September 2011
Todd Solomon said “employers that are the most care-minded about providing domestic partner benefits and are on the cutting edge of benefits” are increasingly providing tax gross-ups that cover the additional federal tax that same-sex domestic partners or spouses must pay. Noting that this is a relatively recent trend, Mr. Solomon added that “some of the first [employers] to offer domestic partner benefits are the ones who are behind right now because they haven’t re-examined” new developments like the gross-ups.
Todd A. Solomon, Employee Benefits
“Unconstitutional Cuts”
California Lawyer, September 2011
Shane Smith noted that if recent cuts made by the California legislature to funding of the state’s court system are challenged, the case would have to be considered from first principles. He pointed to the 2005 LeFrancois v. Goel decision of the California Supreme Court, which held that legislators may regulate the inherent power of the judiciary but not deprive or materially impair its ability to resolve cases.
Shane G. Smith Ph.D., Intellectual Property
“D.C. Seeks to Defend Anti-SLAPP Law in Libel Suit”
Law360, September 1, 2011
Richard Smith and Jacqueline Browder Chaffee were noted as co-counsel for the owner of the Washington Redskins in a court filing that calls the District of Columbia’s law barring “strategic lawsuits against public participation” (SLAPPs) unconstitutional because the DC Council did not have authority to enact it.
Jacqueline Browder Chaffee, Richard W. Smith, Trial
“ConocoPhillips Joins Marathon in Surge of Tax-Free Spinoffs”
Bloomberg Government, August 31, 2011
Michael Wilder, who reviewed proposed corporate spinoffs while serving with the Internal Revenue Service, said that the favorable tax treatment of such transactions is balanced by the risk of not getting a favorable IRS ruling and an unqualified opinion from tax advisers – which could lead to a much higher tax rate. “You’re betting the whole company if you trip up on a spin,” he observed.
“D.C. Files to Defend Anti-SLAPP Law in Dan Snyder Libel Suit”
Blog of Legal Times, August 31, 2011
Richard Smith and Jacqueline Browder Chaffee were identified as co-counsel for the owner of the Washington Redskins in litigation to invalidate the District of Columbia’s law barring “strategic lawsuits against public participation” related to claims of protected speech.
Jacqueline Browder Chaffee, Richard W. Smith, Trial
“Smelter Operator Cuts Deal in Ill. AG’s Lead Suit”
Law360, August 31, 2011
Todd Wiener discussed agreement on an interim order “resolving the parties’ immediate concerns and providing a path forward for the complete resolution” of a regulatory dispute between his client, a copper smelter operator, and Illinois regulatory and enforcement officials. Mr. Wiener emphasized that stack emission tests showed the company was in complete compliance with all laws, regulations and permit conditions, and that the tests proved “conclusively” that the company’s operations “are not responsible in any way” for lead particulate levels measured by the Illinois EPA.
“Poll Numbers Add to Evidence of a Downturn for Mitt Romney”
NECN-TV “Broadside,” August 30, 2011
Daniel Haley, who formerly served as Assistant Chief of Staff to former Massachusetts Governor Mitt Romney, evaluated Romney’s campaign style, saying that “there’s a distinction to be made between attacking and engaging” the other Republican presidential candidates. To assertions that Romney is not a colorful candidate, Mr. Haley noted that while “personality absolutely does matter … you can only go so far with personality.”
Daniel P. Haley, Government Strategies
“Practice Spotlight: Nick Lum”
Thomson Reuters Business Law Currents, August 30, 2011
Nicholas Lum discussed in this interview how his Silicon Valley practice has spurred him to be a technology innovator. “I spend a lot of time with entrepreneurs,” he said, “and their contagious creativity has caused me to think about my life – including the way I practice law – with a critical and creative eye … [to] work faster and smarter.” Mr. Lum invented a software application called “BeeLine” that uses color gradients to help people read online text up to 30% faster. As he asked, “With so many things to read – news, emails, blogs, briefs, memos, textbooks – who wouldn’t want to read faster?”
“Ruling Leaves Silicon Valley Lawyers Wondering Whether ‘Practicality’ Means ‘Patentable’”
The Recorder, August 30, 2011
Yar Chaikovsky observed that a new Federal Circuit ruling invalidating broad business method software patent claims is “one of the few instances ever where a ruling has come out of the Federal Circuit that’s negatively impacted both nonpracticing entities and traditional corporations,” the former being patent holders sometimes referred to as patent trolls.
Yar R. Chaikovsky, Intellectual Property, IP Litigation
“Movers – Laterals”
National Law Journal, August 29, 2011
Iskender Catto was noted as a new partner in the energy advisory practice of the Firm’s New York office, focusing his practice on client representation in the electric power industry.
Iskender H. Catto, Energy Advisory
“Shire Patent Suit Over Generic Intuniv Survives”
Law360, August 29, 2011
William Gaede III, Joseph Robinson and Heather Ettinger, representing Irish drugmaker Shire PLC as plaintiff in a patent infringement lawsuit against two U.S. companies over an attention deficit hyperactivity disorder drug, successfully secured a California federal judge’s denial of the defendants’ attempt to dismiss the suit.
Heather Morehouse Ettinger Ph.D., William Gaede, Joseph R. Robinson, Intellectual Property, IP Litigation
“Common Problem … But Three-Way Solution May Draw Legal Attention”
Modern Healthcare, August 29, 2011
David Marx, referring to the tension between healthcare reform’s emphasis on provider collaboration and the Obama administration's stricter antitrust enforcement, argued that antitrust regulators often take too narrow a focus if they reject a hospital merger. “Is it better for the community that you let one of [the merger candidates] fail and the assets are gone and you end up with one hospital anyway?” Mr. Marx asked. “That's a decision that's going to have to be made in a lot of communities around the country.”
David Marx Jr., Antitrust & Competition
"Who'll Be Left Holding the Bag in Pa. Ethanol Plant's Demise?"
Philadelphia Inquirer, August 28, 2011
Anthony Bongiorno said that the "complicated" collection process for the $230 million arbitration award his McDermott team secured for client Bionol after Getty Petroleum Marketing defaulted on an ethanol supply contract is under way. Former Pennsylvania Governor Rendell, who led the state financing effort to build the Bionol plant that was to make the ethanol, said that the arbitration award reflected the fact that "Getty agreed to a market price that was far too high and they got trapped in a bad deal" – which the arbitration panel ruled could not be negated.
Anthony A. Bongiorno, International Arbitration, Trial
“Movers and Shakers”
The Deal Pipeline, August 26, 2011
David Spackman was noted for joining the health industry advisory practice of McDermott’s Boston office. Mr. Spackman, previously director of the Division of Public Charities in the Massachusetts Attorney General’s office, will focus on corporate governance and executive compensation issues.
“Amgen Can’t Dodge Kickback Claims in Aranesp Suit”
Law360, August 26, 2011
Daniel Curto and Michael Kendall served as defense co-counsel for client Amgen in summary judgment motions regarding whistleblower allegations over an anemia drug. A federal judge ruled in part that Amgen had properly calculated the average sale price of the drug.
Daniel A. Curto, Michael Kendall, White-Collar & Securities Defense
“Jennifer H. Alexander Appointment”
TaxAnalysts, August 26, 2011
Blake Rubin speculated that the appointment of tax practitioner Jennifer Alexander as senior counsel (partnerships) in the Treasury’s Office of Tax Legislative Counsel could mean the withdrawal of proposed loss disallowance regulations for partnerships, since they were “one of her pet peeves in practice.” Mr. Rubin called Ms. Alexander “a terrifically talented and energetic practitioner.”
"Ethanol Dispute Resolved as Plant Closes"
Global Arbitration Review, August 24, 2011
Anthony Bongiorno explained that an arbitration panel of the International Centre for Dispute Resolution "ultimately adopted all of McDermott’s legal theories on liability and damages as well as the damage model developed by the company and its expert witness" in awarding $230 million to client Bionol in a dispute over an ethanol supply agreement.
Anthony A. Bongiorno, International Arbitration, Trial
“Bionol Wins $230 Million Arbitration Award”
The Progress, August 24, 2011
Anthony Bongiorno stated on behalf of the McDermott team (including Matthew Martel, Victoria Thavaseelan and Malinda Morain) that won this major arbitration: “We are delighted by this ruling in favor of our client Bionol, and also in our ability to secure for Bionol the full benefits of its bargain and thus all the monetary damages we sought on their behalf.” The “bargain” mentioned was an ethanol supply contract with Getty Petroleum Marketing.
Anthony A. Bongiorno, International Arbitration, Trial
“Bionol Wins $230 Million Arbitration Case Against Getty”
Ethanol Producer Magazine, August 23, 2011
Anthony Bongiorno was quoted in this summary of his team’s major arbitration win, including his assertion that “McDermott never wavered on the principle that ‘a deal is a deal’” with regard to the commodity-based pricing formula used in an ethanol supply contract.
Anthony A. Bongiorno, International Arbitration, Trial
“Oil Matters”
Platts.com, August 23, 2011
Iskender “Alex” Catto explained why “you can already see merchant power plants that are in trouble,” including those that changed hands in 2007-2008 when natural gas prices peaking at $14/mmbtu were figured into the asset's purchase price. These plants were “valued at being able to produce power at a certain price” which included spot natural gas purchases. Now, with natural gas at $4/mmbtu, power sales hedged five years ago based on amounts approaching the $14 natural gas price are on the verge of expiring. Click here to hear the audio podcast.
Iskender H. Catto, Energy Advisory
“Dominique Strauss-Kahn Sexual-Assault Case Outlook”
Bloomberg Television, August 23, 2011
Jilali Maazouz said in this televised interview that, despite the dismissal of criminal charges, the current public image of the former IMF head “is not one that would allow him to come back immediately to his status before this matter.” Mr. Maazouz predicted that Strauss-Kahn would “need a lot of time” to rebuild his public and political images, and added about the upcoming French presidential election: “I don’t see him involving himself deeply in the campaign or in French political affairs.” To watch the video click here.
Jilali Maazouz, Employee Benefits
“Monsanto Must Cough Up Info on Seed Patent Application”
Law360, August 23, 2011
Steven Spears served as co-counsel to Monsanto in matters related to its litigation against DuPont regarding, in particular, the reissue application for a seed gene patent.
Steven G. Spears, Intellectual Property
“Back in the Game: AHA’s Numbers Up as Investments Drive Income”
Modern Healthcare, August 22, 2011
Robert Louthian III, commenting on the American Hospital Association’s 40% 2010 increase in lobbying expenses, contended that, “Given the critical importance of healthcare reform, and the fact that AHA is one of the leading associations representing that industry, I don’t think the increase in lobbying expenditures year over year is anything particularly unusual or unexpected.”
Robert C. Louthian III, Health
“Appeals Panel Seconds FTC Defeat on Infant Drug Deal”
The Deal Pipeline, August 22, 2011
Jon Dubrow said that “the main take-away” for antitrust regulators in the Eighth Circuit’s affirmation of a drug company’s purchase of its only competitor for an infant birth defect treatment is that “courts are likely to hold them to proving a relevant market.” Mr. Dubrow added that this is more problematic in healthcare mergers than for other business sectors, because although doctors define a relevant market by deciding which product to use, insurers and patients must pay for it, weakening the connection between demand and price.
Jon B. Dubrow, Antitrust & Competition
“How Volatility Eases Estate Planning”
Wall Street Journal, August 20, 2011
Carlyn McCaffrey described the workings of a grantor-retained annuity trust (GRAT), in which a bundle of assets is placed in the trust and any appreciation can be transferred to beneficiaries without paying gift tax. The benefit, Ms. McCaffrey said, is that even though the current gift tax exemption is $5 million, “the people who want to do GRATs want to give away more than that.” She added that legislation in Congress to require that assets remain in a GRAT for at least 10 years has not yet passed.
Carlyn S. McCaffrey, Private Client
“Ruling Won’t Save Ethanol Plant”
Centre Daily, August 19, 2011
Anthony Bongiorno said of a major arbitration award for client Bionol that he was “confident the award will be confirmed in the next month or two.” Mr. Bongiorno explained that the basis of the award against Getty Petroleum Marketing for backing out of a Bionol plant supply contract for ethanol: “Between the time the contract was signed in 2007 and the time the plant came online in 2010, the market price … for ethanol plummeted, so that … a great deal for Getty in 2007 became less than favorable for Getty in 2010.”
Anthony A. Bongiorno, International Arbitration, Trial
“FTC Loses Lundbeck Baby Meds Fight Before 8th Circ.”
Law360, August 19, 2011
David Marx commented that the Eighth Circuit applied “a traditional merger analysis” in upholding a district court decision that rejected the FTC’s use of market definition to challenge a merger on antitrust grounds. “At least with respect to this case, the Eighth Circuit has said that if you’re going to challenge a merger in our circuit, you have to define the relevant market first,” Mr. Marx stated, adding that while new merger guidelines “reduce the importance of relevant market definition, the case law hasn’t.”
David Marx Jr., Antitrust & Competition
“Hopes of $10 Million Award Backfires into $230 M Loss”
Daily Business Review, August 19, 2011
Anthony Bongiorno asserted that tying the contract price to the market price of ethanol rather than to the price of corn in an ethanol supply agreement between Bionol and Getty Petroleum Marketing was central to the successful argument in Bionol’s $230 million arbitration win over Getty’s attempt to terminate the contract.
Anthony A. Bongiorno, International Arbitration, Trial
“Ex-Diebold CFOs Eye Janus Defense in SEC Fraud Case”
Law360, August 19, 2011
Steven Scholes, on behalf of one of two former CFOs of Diebold Inc., asked an Ohio federal judge to allow use of the U.S. Supreme Court ruling in Janus Capital Group v. First Derivative Traders in objecting to a recommendation that federal fraud claims against the CFOs be allowed to stand. Mr. Scholes asserted that “Janus requires the court to dismiss all of the 10(b)5 and Section 17(a) fraud allegations,” which would gut the SEC’s fraud case. Serving on the McDermott team with Mr. Scholes are William Schuman, Jocelyn Francoeur and John Kocoras.
Jocelyn D. Francoeur, John C. Kocoras, Steven S. Scholes, William P. Schuman PC, Trial, White-Collar & Securities Defense
“Bionol Clearfield Wins Multi-Million Dollar Arbitration Award”
Gant Daily, August 18, 2011
Anthony Bongiorno, Matthew Martel, Victoria Thavaseelan and Malinda Morain were noted as members of the McDermott team that won $230 million for client Bionol in an arbitration dispute. The award enforces an ethanol supply contract that Mr. Bongiorno called “legally binding regardless of subsequent market fluctuations.”
Anthony A. Bongiorno, Matthew A. Martel, Malinda Morain, Victoria E. Thavaseelan, International Arbitration, Trial
“Area Bionol Plant to Receive $230 Million Arbitration Award”
The Courier Express, August 18, 2011
Anthony Bongiorno called an arbitration panel’s earlier order of an attachment on the assets of Getty Petroleum Marketing “an important benchmark for our trial team” in ultimately securing a major arbitration award against Getty for client Bionol. Mr. Bongiorno added that the attachment “provid[ed] us with the momentum to keep this complex case moving forward toward the final award providing for all damages sought.”
Anthony A. Bongiorno, International Arbitration, Trial
“Rovi Sues Sharp Over Programming Guide Patents”
Law360, August 18, 2011
Joel Freed, Yar Chaikovsky, David Larson, Hong Lin, Jeremiah Armstrong and Cary Chien represented client Rovi Corp. in filing suit in Virginia federal court against Sharp Corp. and two subsidiaries. The lawsuit, similar to one filed earlier at the U.S. International Trade Commission, alleged that some of the defendants’ televisions and electronic recorder products infringe three Rovi patents related to programming guide technologies.
Jeremiah Armstrong, Yar R. Chaikovsky, Cary Chien, Joel M. Freed, David L. Larson, Hong S. Lin, Intellectual Property
“Patent Reform Is Coming: Who Should Care”
GigaOm.com, August 17, 2011
Bernard Codd said that the “fundamental change” represented by the first to file provision of the patent reform bill doesn’t necessarily favor large companies as some charge – it may in fact help small businesses because it means “you can’t afford to sit on ideas anymore” no matter how big your company is. He also said that the bill does not restrict so-called patent trolls because “one person’s troll is another person’s hard-working small inventor.” Mr. Codd also expects the final bill to have an unlimited deadline for seeking post-grant review of business method patents.
Bernard P. Codd, Intellectual Property
“Convicted Murderer: Appeals Ruling Supports Sex Change”
Associated Press, August 17, 2011
Neal Minahan, who as pro bono counsel secured medical care for a transgendered inmate diagnosed with gender identity disorder, said of another such case that security of a transgendered female in an all-male prison cannot be the sole reason to deny treatment. Minahan pointed out that the 1st Circuit found that the Department of Correction "can’t use security as a ’get out of jail free’ card. Security is a consideration, but it has to be based on some professional judgment,” Mr. Minahan stated. “You can’t just say security and that’s the end of it.”
“The Churn: Lateral Moves and Promotions”
AmLaw Daily, August 16, 2011
David Spackman joined McDermott’s Boston office as counsel in the health industry advisory practice group. Mr. Spackman was most recently director of the Division of Public Charities in the Massachusetts Attorney General’s office, and focuses his practice on governance, executive compensation and conversion transaction issues in the healthcare sector.
“Global Privacy Laws Advance to Keep Pace with EU”
Law360, August 16, 2011
Heather Egan Sussman pointed out that new technologies such as cloud computing are leading other countries to implement strict data privacy rules like those of the European Union. “Jurisdictions that want to attract this aspect of e-commerce face obstacles if they do not have an adequate regulatory environment,” she stated, adding that “demanding greater privacy protections” allows these countries to attract new business that meets EU standards. Henry Chen of MWE China Law Offices agreed, noting that Thailand, for example, is strengthening its privacy regime, which now only applies to the public sector.
Heather Egan Sussman, Employee Benefits
“McDermott Wins $230 Million Arbitration Award from Getty in Contract Fight over Ethanol”
AmLaw Litigation Daily, August 16, 2011
Anthony Bongiorno explained that an arbitration panel’s $230 million award to his client Bionol Clearfield in a dispute with Getty Petroleum Marketing over an earlier ethanol supply contract reflected the fact that “a contract that was very favorable to Getty as compared to the ethanol market of 2007 was no longer favorable to Getty when the [ethanol] plant came online in 2010.” Getty had challenged Bionol’s billing for ethanol, and terminated the supply contract.
Anthony A. Bongiorno, International Arbitration, Trial
“Bankrupt Ethanol Co. Wins $230M in Getty Contract Fight”
Law360, August 16, 2011
Anthony Bongiorno asserted regarding a $230 million arbitration award to enforce his client Bionol’s ethanol supply contract with Getty, “Bionol and Getty had a deal on this commodity-based pricing formula. McDermott never wavered on the principle that ‘a deal is a deal’ and that this contract was legally binding regardless of subsequent market fluctuations.” Also representing Bionol from McDermott were Matthew Martel, Victoria Thavaseelan and Malinda Morain.
Anthony A. Bongiorno, International Arbitration, Trial
“Former Division Chief with AG’s Office Joins McDermott”
Massachusetts Lawyers Weekly, August 16, 2011
David Spackman, new counsel in the Boston office’s health industry advisory practice group, previously had public interest oversight responsibility for 22,000 Massachusetts public charities as Director of the Division of Public Charities in the state’s Attorney General Office. That included regulatory review and approval of the first-ever sale of a Catholic nonprofit health system to a private equity firm. Before his government assignment, Mr. Spackman spent more than two decades in private legal practice.
“Wealthy Take Estate Tax Exemptions Beyond Grave Until 2013”
Bloomberg News, August 16, 2011
Carlyn McCaffrey warned wealthy taxpayers against undoing bypass trusts and relying on recent Congressional action that allows unused estate tax exemptions to be passed to the surviving spouse, because Congress may not extend this tax law provision. She added that trusts also protect assets from creditors and election rights of spouses, and ensure that assets and their appreciation are outside of the estate.
Carlyn S. McCaffrey, Private Client
“News Makers: New Positions”
Texas Lawyer, August 15, 2011
Steven Spears was noted as new partner-in-charge of McDermott’s Houston office. Mr. Spears focuses his practice on technology-related litigation involving the chemical, biotechnology and petrochemical industries.
Steven G. Spears, Intellectual Property
“Appeals Court Strikes Health Insurance Requirement”
Associated Press, August 13, 2011
J. Peter Rich noted that, despite rulings by lower courts, the U.S. Supreme Court has not ruled on the “specific issue” of the health reform law’s provision requiring individuals to buy health insurance. Mr. Rich said it is not unconstitutional for individual states like Massachusetts to have such a provision, but the federal requirement “really is a case of first impression, although the Obama administration may try to argue otherwise.”
“Prosecutors Say Health Clinic Broke Law”
Washington Business Journal, August 12, 2011
Paul Thompson, commenting on federal government litigation against a health clinic for continuing to receive Medicare/Medicaid payments after its corporate charter expired, said, “As [the] budget tightens, the government uses its enforcement power as a means to extract revenue from other sources, and that’s what we’re seeing in the health care space.” He added that he “wouldn’t be surprised if you start to see it [in] other spaces as well.”
Paul M. Thompson, White-Collar & Securities Defense
“Eleventh Circuit Rules Individual Mandate Is Unconstitutional”
Blog of Legal Times, August 12, 2011
J. Peter Rich predicted that the U.S. Justice Department will have “a tough decision to make” on whether to have the full Eleventh Circuit review a three-judge panel’s rejection of the health reform law’s mandatory insurance provision, because the full court could strike down the entire law. Even so, Mr. Rich said he expects the U.S. Supreme Court to wait until the Fourth Circuit rules before taking the issue up.
“FTC Changes Rules to Streamline Merger Challenges”
The Deal, August 12, 2011
Stephen Wu asserted that new Federal Trade Commission rules intended to clarify procedures for merger challenges and other antitrust litigation likely will not mean major change because “a lot conforms to what parties have done by agreement in past cases.”
Stephen Wu, Antitrust & Competition
“McDermott Makes Lateral Hire in New York”
Global Energy Review, August 12, 2011
Iskender (Alex) Catto commented on his decision to join McDermott as partner in the New York office, saying the Firm “is committed to growing and building on its already exceptional energy platform and I could not resist the opportunity to be part of this growth.” Mr. Catto noted that he is “greatly impressed” by McDermott’s energy focus.
Iskender H. Catto, Energy Advisory
“EU ‘Right to Be Forgotten’ Only Good in Theory: Attys”
Law360, August 10, 2011
Heather Egan Sussman suggested that the European Union proposal to force businesses to erase all traces of consumer’ electronic data at their request “could actually make the chasm between the EU and the U.S. much wider” in terms of data privacy requirements. “The goal, I think we can all agree, is to try to bring the U.S. and the EU closer,” she added. “I think there’s no question that uniformity in the law helps business. Lack of uniformity only helps the lawyers.”
Heather Egan Sussman, Employee Benefits
“25 Leading Biotech Lawyers in California”
The Daily Journal, August 10, 2011
William Gaede was singled out as a top California biotech attorney, illustrated by his current work as lead counsel in the Northern District of California on two high-profile cases involving the Hatch-Waxman Act and as author of an amicus brief for a positive Federal Circuit ruling on the patentability of DNA sequencing in diagnostics. As Mr. Gaede explained his litigation philosophy, “Life sciences companies, in particular, need strong patents to protect their long-term investments, [because] it takes years to research, develop and get the approval of biological products.”
William Gaede, Intellectual Property
“Gaspari to Settle Supplement Class Action for $1M”
Law360, August 10, 2011
Thomas Ryan, Matthew Oster and Pantea Lili Ahmadi represented Gaspari Nutrition Inc. in settling a proposed class action regarding the marketing of its Novedex XT product as a dietary supplement.
Pantéa Lili Ahmadi, Matthew Oster, Tom Ryan, Trial
“Payment Boost – But Future Adjustments Concern Hospitals”
Modern Healthcare, August 9, 2011
Jessica Roth said that although the Centers for Medicare and Medicaid Services (CMS) have more than doubled their diagnosis-related reimbursement groups to distinguish the severity of cases, it still does not appear to cover all outpatient reimbursement needs. “The argument is,” she noted, “that CMS in their simple math doesn’t account for a natural increase in case mix because of this trend of being able to deliver more complex care in outpatient settings.”
“Digging Into Dodd-Frank: Why Conflict Minerals Matter”
Boardmember.com, August 9, 2011
Obiamaka Madubuko warned that public companies, especially in the secondary markets, should take seriously the Dodd-Frank Act’s requirement that they report the sources of any so-called “conflict minerals” used in their products. As she explained, “At the very least they need to say, ‘Here are the minerals at issue. What are our product lines that involve these minerals?’ At a bare minimum they should develop an understanding of what their current protocols are in terms of tracing these kinds of minerals.”
Obiamaka P. Madubuko, White-Collar & Securities Defense
“Local and State Agencies More Vulnerable to Hacker Attacks”
Los Angeles Times, August 9, 2011
Heather Egan Sussman explained that until now state and local government agencies “were not viewed as being in particular risk of being targeted by hackers,” so their “focus has not been on IT security to the same degree that the more visible and the larger entities have paid to it.” Ms. Sussman added that although these agencies can seek more funding for security experts, updated hardware and software, and training, “if you have one employee at work who double-clicks a link and inadvertently downloads malware, the hacker can be off and running.”
Heather Egan Sussman, Employee Benefits
“The Churn: Lateral Moves and Promotions”
AmLaw Daily, August 9, 2011
Iskender Catto was cited for his move to McDermott as an energy advisory partner. Mr. Catto focuses on electric power industry matters.
Iskender H. Catto, Energy Advisory
“Hawaii’s ‘Aloha’ to Special Trusts”
Dow Jones Newswire, August 9, 2011
Julie Kwon noted that, although a number of states have approved laws for asset protection trusts as vehicles to protect financial assets from litigation or creditors, these laws have not been tested through court challenges. Thus, she said, as court interpretations evolve through litigation, someone assuming a trust will be ironclad may discover that creditors who have gotten favorable judgments in one state may be able to use that to pursue trust-protected assets in another.
“Who’s In, Who’s Out”
Deal Pipeline, August 8, 2011
Iskender Catto was noted for joining McDermott’s New York office as a partner in the energy advisory practice. Among many other matters, Mr. Catto helped counsel Constellation Energy on its $7.9 billion merger with Exelon.
Iskender H. Catto, Energy Advisory
“Tweaking ‘Target” Lineups”
The Wall Street Journal, August 8, 2011
Joseph Adams noted that companies are increasingly skeptical of standardized target-date mutual funds as 401(k) investment choices because “plan sponsors recognize that simply taking an ‘off the shelf’ solution may not be the best choice” for employees. Mr. Adams added that “a lot of people are looking … more seriously” at customized funds instead, because “if you do more of the work, you get the savings. But,” he concluded, “it has to be done … properly.”
Joseph S. Adams, Employee Benefits
“In Chicago, They Like to Do Things in a Big Way”
National Law Journal, August 8, 2011
Jeffrey Stone said concerning Chicago legal market growth that McDermott has based its lawyer hiring on specific needs by practice group: “We make it clear that we’ll take four for corporate, two for tax or whatever the need requires. That means we bring in associates who are more mature and focused, more self-aware.” Mr. Stone cited McDermott’s associate-staffed group for all discovery work as an example of offering “a high level of professionalism at a lower price point.”
Jeffrey E. Stone, White-Collar & Securities Defense
“Experts: Small Targets No Match for Savvy Hackers”
Associated Press, August 8, 2011
Heather Egan Sussman, assessing the risk that hackers pose to state and local government computer systems, stated that even though these government computers “are housing some of the most sensitive data about citizens and residents, … what we’re seeing are state and local agencies that are underfunded, overworked, overstressed” and unable to afford the data privacy measures they need.
Heather Egan Sussman, Employee Benefits
“Qualcomm, Spansion Take Chip Patent Row to High Court”
Law360, August 8, 2011
Terrence McMahon, David Dolkas, David Larson, Daniel Foster, Peter Siavelis and Matthew Gryzlo are co-counsel representing Qualcomm, Inc. as one of two companies seeking a writ of certiorari for the U.S. Supreme Court to hear an appeal of an International Trade Commission patent infringement finding. The certiorari petition holds that the ITC decision on semiconductor chips, upheld by the Federal Circuit, is at odds with the Supreme Court’s recent Global-Tech opinion.
David Henry Dolkas, Daniel R. Foster, Matthew J. Gryzlo, David L. Larson, Terrence P. McMahon, Peter M. Siavelis, Intellectual Property
“McDermott Snags Kirkland Energy Transaction Pro”
Law360, August 8, 2011
Iskender “Alex” Catto cited McDermott’s global platform, which “allows me greater capabilities, not just domestically but internationally,” as a key reason for his decision to join the Firm’s energy advisory practice group. Mr. Catto, who counsels energy industry clients on a wide range of business transactions and matters, said that “the opportunity to join McDermott was something that I just could not pass up, especially at this time. They’ve already got a strong commitment to energy on a global scale. They’re looking at energy as a sector focus.”
Iskender H. Catto, Energy Advisory
“Market’s Malaise Raising Bar for IPOs”
Boston Globe, August 5, 2011
Mark Selinger said the negative impact of the recent stock market weakness on initial public offerings “will create a speed bump for the rest of the month and it remains to be seen what kind of effect it has for the rest of the year.” He added, “I don’t see people lining up” to do IPOs.
“DeVry Buys Caribbean Med School”
The Deal, August 5, 2011
Ira Coleman, Joshua Spielman and Danielle Golino were legal co-counsel to 1,000 student medical school American University of the Caribbean NV in its $235 million acquisition by DeVry Inc
Ira Coleman, Danielle E. Golino, Joshua (Jed) E. Spielman, Health
“The Score: Around the Horn”
AmLaw Daily, August 5, 2011
Gordon Greenberg represented former all-star third baseman Doug DeCinces in settling insider trading charges filed by the SEC and involving three other associates.
Gordon A. Greenberg, White-Collar & Securities Defense
“Governors Urge Congress to Oppose BAT Nexus Legislation”
State Tax Today, August 5, 2011
Arthur Rosen, saying it “has clearly been the responsibility of Congress” to regulate state taxation in interstate commerce, rejected as “clearly not true” a charge by state governors that a new federal tax bill usurps state taxing authority on businesses within their borders. “A simple reading of the bill shows that it explicitly provides states with full authority to combat” any business attempts at state tax evasion, Mr. Rosen asserted. He added that small businesses support the bill’s tax standardization effort as eliminating “an undue burden to have to worry about paying business activity tax to all these jurisdictions where [they] may have customers.”
“Federal Debt Law Could Speed Farm Bill”
The Packer, August 4, 2011
Kam Quarles said that because the current federal farm bill expires in 2012 and mandatory program cuts are scheduled for 2013, it “will be very challenging for the House and Senate agriculture committees in writing a new farm bill with this overhang of spending cut targets.” He added that the choice of members for the new joint deficit reduction committee could be pivotal to the direction of agricultural spending cuts.
W. Kam Quarles, Government Strategies
“Potential Medicare Payment Cuts Alarm Doctors, Hospitals”
Boston Globe, August 3, 2011
Eric Zimmerman predicted “there will be a lot of hand wringing and anxiety over the next four months as we work through this process” of Congress considering modifications to the automatic Medicare cuts contained in the deficit-reduction act. “Health care providers right now are trying to weigh whether they would be better or worse off with the [automatic] cuts or whatever the [Congress] recommends,” Mr. Zimmerman noted, adding that Medicare providers feel they already gave “their pound of flesh” through reimbursement cuts in the health reform law.
“Analyzing Obama and the Debt Legislation”
New England Cable News (NECN), August 3, 2011
Daniel Haley, in a discussion of the debt-ceiling impasse, said that President Obama “hasn’t exhibited much leadership and has done damage to himself in that regard.” Mr. Haley pointed out that the spur to the current conflict was that the Obama administration “submitted a budget that did nothing to address entitlements, raised taxes and increased spending.”
Daniel P. Haley, Government Strategies
“Priceline, Others, Win Tax Battle with Municipality”
Legal Intelligencer, August 3, 2011
Jeffrey Rossman argued the successful appeal for a group of online hotel booking sites before a Third Circuit panel, which denied class action certification to small and mid-sized New Jersey municipalities that had sued the sites for under-collection of hotel occupancy taxes.
“Power Circuit: A Journalist Joins McDermott Will & Emery”
Washingtonian, August 3, 2011
Jon Decker, who most recently was White House correspondent for Reuters Television, joined McDermott’s government strategies group in the Washington, D.C. office as a senior professional advisor.
Jon Decker, Government Strategies
“HSR Changes Scrutinise Management Relationships, Synergy Analysis”
International Finance Law Review, August 3, 2011
Jon Dubrow stated that a Hart-Scott-Rodino Act change that requires acquiring companies to disclose in HSR filings the identity and holdings of their “associates” will create difficulty for investment funds. Mr. Dubrow noted that it will be hard for some hedge and private equity funds to compile this information because of their vast number of associates and passive minority investments.
Jon B. Dubrow, Antitrust & Competition
“NFL Team Owner Attacks Anti-SLAPP Law in Libel Suit”
Law360, August 3, 2011
Richard Smith and Jacqueline Browder Chaffee were noted as co-counsel to the owner of the Washington Redskins in seeking to declare unconstitutional a Washington, D.C. law that bars litigation seeking to deter people from participating in public debate. A Washington newspaper is using the law to defend against a separate libel suit by the team owner.
Jacqueline Browder Chaffee, Richard W. Smith, Trial
“Debt Limit Deal Sets Up Year-End Battle Over Medicare Cuts”
Bloomberg News, August 2, 2011
Eric Zimmerman, speaking of a 12-member congressional panel that under the deficit-reduction law must recommend reductions to Medicare and other programs by year-end, noted that “Medicare is always on the table. We just spent the last six weeks battling over Medicare cuts, and now we’re going to be doing it for the next four months.”
“E-Discovery Drives $576K Costs Levied on Plaintiffs”
Legal Intelligencer, August 2, 2011
David Marx Jr., Amanda Metts and Jennifer Smulin Diver were co-counsel for one of three artificial sweetener manufacturers in a plaintiff suit over alleged price-fixing that was dismissed by a Pennsylvania district court as upheld by the Third Circuit. Defense counsel for all three companies were also awarded e-discovery costs against the plaintiffs by the district court clerk.
Jennifer Smulin Diver, David Marx Jr., Amanda J. Metts, Antitrust & Competition, Trial
“Ex-E&Y Auditors Barred by PCAOB”
Wall Street Journal, August 2, 2011
Eugene Goldman, representing one of two former auditors from a Big Four firm penalized by the Public Company Accounting Oversight Board, asserted that the action against his client did not allege deficiencies, failures or dishonesty in the audit done on an unidentified company. Mr. Goldman’s client did not admit or deny the Board’s findings.
Eugene I. Goldman, White-Collar & Securities Defense
“PCAOB Sanctions Two Former Ernst & Young Managers”
Reuters, August 1, 2011
Eugene Goldman’s defense of his auditor client against penalties imposed by the main U.S. auditor watchdog group was noted in this article, which also cited the client’s consent to the action without admitting or denying the findings.
Eugene I. Goldman, White-Collar & Securities Defense
“Health Industry Fears Double Whammy in Medicare Cuts”
The Hill’s Healthwatch, August 1, 2011
Andrea Bergman said that lobbyists for healthcare providers must at year’s end make a case to Congress against drastic Medicare physician reimbursement rate cuts, given that the new deficit reduction legislation already sets the stage for sharp Medicare spending cuts. The worry, she noted is that in its upcoming action Congress may “forget that they just gouged” providers after good-faith negotiations in the deficit legislation.
“Korea Takes a Fresh Swing at M&A”
Wall Street Journal, August 1, 2011
In-Young Lee, a member of the McDermott team that advised Fila Korea in its acquisition of golf equipment maker Acushnet from Fortune Brands, said that such a purchase of a well-known brand by a relatively small Korean company could encourage more deals by larger Korean firms. Mr. Lee noted that, despite worries about the ability to properly integrate an acquired company that has people unfamiliar with Korean culture, Korean companies have grown more sophisticated in their hunt for overseas assets beyond the traditional natural resources area.
“Worth Taking Notice: Whistleblower Rules Regarding Auditing Firms”
BNA Securities Regulation & Law Report, August 1, 2011
Eugene Goldman and James Commons were co-authors of this bylined article, which suggested that the SEC’s invitation for auditors to make whistleblower submissions against their firms under the Dodd-Frank Act “may put audit clients in harm’s way of an auditor’s whistleblowing, contrary to the statute and auditor-client confidentiality.” The authors recommended that audit firms review their internal compliance and training programs, and reward auditors who use them.
James M. Commons, Eugene I. Goldman, White-Collar & Securities Defense
“Facing the ‘Dark Side’ of Captives Regulation”
Risk and Insurance Online, August 1, 2011
Thomas Jones noted that state laws allowing life insurers to form offshore securitization captives, where the insurers can keep specified reserves and then sell debt interests in the facility, are not in high demand because they don’t bear risk. However, Mr. Jones added, they are an important capital-tapping tool for some insurers.
“Unraveling Data Breaches”
Health Data Management, August 2011
Daniel Gottlieb spoke extensively on data security breaches at HIPAA-covered entities. Noting that most entities have a remediation plan but need to recheck that it is comprehensive and tough, he observed, “Once people understand the data that’s at high risk, they do the right thing. They’re not happy about it, but they’re doing it.” This includes notifying patients about a breach, which Mr. Gottlieb recommends doing with public relations staff who are “more touchy feely than what you typically get out of a lawyer.” If data breach victims are offered credit monitoring, Mr. Gottlieb suggested contacting insurers for volume-based discounts.
Daniel F. Gottlieb, Global Data Privacy Programs, Health
“Former E&Y Executives Barred from Industry”
Financial Times, August 1, 2011
Eugene Goldman, attorney for one of two former Ernst & Young employees, noted that the Public Company Accounting Oversight Board (PCAOB) "did not allege any deficiencies in the carrying out of the audit, or that any of the alleged conduct was designed to hide any alleged audit deficiencies, or that the alleged backdated document did not portray audit work that actually took place."
Eugene I. Goldman, White-Collar & Securities Defense
“Former Ernst & Young Executives Barred Over Fake Documents”
Bloomberg News, August 1, 2011
Eugene Goldman said of penalties imposed by the Public Company Accounting Oversight Board against his client, a former Big Four auditing firm partner, that the Board had “not alleged any deficiencies in the carrying out of the audit” at issue, nor “that any of the alleged misconduct was designed to hide an audit failure.” The Board’s claim was resolved without admission or denial of the allegations.
Eugene I. Goldman, White-Collar & Securities Defense
“The Importance of Giants”
Chicago Lawyer , August 2011
Jeffrey Stone reflected, as author of this bylined article, on two leaders of the Chicago legal community, Jerry Solovy and George Cotsirilos, who both recently passed away and who had major impact on Mr. Stone as a lawyer. “Both men stood for excellence, substantively and in terms of dedication to their clients,” Mr. Stone wrote, adding that they represent “giants among us worthy of emulation and who … cast long-lasting shadows that survive well after the giant has passed.”
Jeffrey E. Stone, White-Collar & Securities Defense
“Despite IOM Call to Scrap 501(k) Process, Pathway Revamp Likely”
InsideHealthPolicy.com, July 29, 2011
James Cohen said that, although the Institute of Medicine has called for eliminating the FDA’s medical device review policy, it likely will not mean broad legislative reforms. Instead, he cited smaller piecemeal reforms being implemented by the FDA’s Center for Devices and Radiological Health (CDRH). “There’s already a 25 point action plan that CDRH is in the process of implementing,” Mr. Cohen stated. “In the current legislative environment, FDA is unlikely to seek new legislation.”
“Gaspari Misled Customers About Novedex XT, Suit Says”
Law360, July 28, 2011
Thomas Ryan, Matthew Oster and Pantea Lili Ahmadi represented Gaspari Nutrition Inc. in removing to California federal court a proposed class action lawsuit over the company’s marketing of a product as an all-natural dietary supplement.
Pantéa Lili Ahmadi, Matthew Oster, Tom Ryan, Trial
“Benefit Recipient? Disruptions May Be Coming”
MSNBC, July 28, 2011
Eric Zimmerman commented on the deficit talks in Washington and the impacts of a possible interruption in Medicare reimbursements to hospitals and other providers. He noted that millions of claims come in to the federal government every day from health care providers for surgery, therapy and other services for Medicare beneficiaries. “It is possible that that could get suspended or disrupted in the event there are choices that have to be made about how limited federal dollars are going to go out,” Zimmerman said. “Every day that there is a disruption caused by the debt limit crisis, that’s a cash flow problem for hospitals, physicians and nursing homes, anyone who furnishes services to Medicare beneficiaries.”
“Gay Marriage Laws Leave Disparities in Federal Tax Treatment”
Bloomberg News, July 28, 2011
Todd Solomon said employers that reimburse same-sex married and domestic partner couples for the higher federal taxes they pay on health care benefits compared to heterosexual couples do so as a matter of fairness, “to reward our people equally with their opposite sex counterparts.” McDermott was listed as one of 19 employers identified by the Human Rights Campaign for providing such reimbursement.
Todd A. Solomon, Employee Benefits
“WPAHS Stonewalling Trustee, Bank Says”
Pittsburgh Business Times, July 28, 2011
William Smith, as counsel to the bond trustee for a struggling Pennsylvania hospital network, questioned the network’s lack of disclosure about its affiliation with and cash infusion from a Blue Cross/Blue Shield licensee. “Their view is they are completely compliant with disclosure obligations. The material struck us as less than definitive as to what the likely relationship will be,” Mr. Smith said in an open conference call with bondholders. Noting that “it would serve all if more information were disclosed,” Mr. Smith vowed to “continue to ask questions and seek information” on bondholders’ behalf.
“Is Jenner & Block’s 22-Year-Old Qui Tam Case Finally Over?”
Reuters, July 28, 2011
Joshua Buchman argued successfully on appeal in the Seventh Circuit for Lockheed, one of two companies involved in long-running False Claims Act litigation over a sale of fighter jets to Greece.
Joshua T. Buchman, White-Collar & Securities Defense
“Medicare at 67: The Next Big Change?”
Politico Pro, July 27, 2011
Eric Zimmerman said that, although the healthcare coverage assured by the health reform law could make an increase in the Medicare eligibility age more acceptable, such a scenario “assumes a lot of things, including that all the changes in the reform law work as advertised.”
“Government to Decide on Addressing LLC Conversion Ruling This Year”
Tax Notes Today, July 27, 2011
John Lutz was one of two principal authors of a New York State Bar Association Tax Section report that provided guidance recommendations for anticipated new Treasury Department rules on the tax consequences of terminating a limited liability company’s partnership status.
“As Comment Period Ends, FDA Seeks to Clarify Conflict of Interest Rules”
Genetic Engineering & Biotechnology News, July 27, 2011
Jennifer Geetter said that FDA clarification on conflict of interest rules for clinical researchers tied to companies or institutions “should be seen as a floor and not a ceiling.” She urged “a more robust, more deliberate process” in which organizations tell researchers or doctors, “These are the types of financial interests that if you have, you’ll have to disclose. We’ll decide if they’re conflicts of interest, and how they can be managed.”
“10th Circ. Cuts $23M Coverage Award Over Bad Cheese”
Law360, July 27, 2011
Michael Pope, who represented Leprino Foods in a coverage dispute with its insurer, stated that “justice has finally been done” by a Tenth Circuit panel ruling that upheld, but slightly trimmed, a district court’s judgment awarding coverage. “When you buy an all risk policy, you expect to recover all risks,” Mr. Pope said of his client. “The company has always believed there was coverage. It took trials to get there, but we showed that.”
“Marketplace”
New York Law Journal, July 27, 2011
William Stempel represented private equity real estate firm Savanna in leasing office space to two small law firms at its 5 Hanover Square property in lower Manhattan.
“7th Circ. Nixes FCA Suit over F-16 Sales to Greece”
Law360, July 26, 2011
Joshua Buchman successfully represented Lockheed Martin as one of two companies for which the Seventh Circuit upheld dismissal of a qui tam lawsuit over a military jet sale to Greece funded by U.S. loans.
Joshua T. Buchman, White-Collar & Securities Defense
“Health Reform Has an Antitrust Angle”
National Law Journal, July 25, 2011
Ashley Fischer said that healthcare provider accountable care organizations that are encouraged by the health reform law to share patient information and services “are absolutely critical” to the law’s success because currently “there’s no mechanism to make sure care is not duplicative.” She noted that antitrust regulators “did establish a safe harbor to give those ACOs that qualify some assurances” that collaboration will not raise antitrust issues, but added the hope that the FTC and DOJ can revise the safe harbor “to make it more palatable” to ACO stakeholders.
Ashley McKinney Fischer, Health
“PINs That Needle Families”
Wall Street Journal, July 23, 2011
Carol Harrington warned that digital estate planning services that maintain records of online assets like passwords and PINs may not be reliable. “If there’s more than one person who has access to data, experience has shown us that it can always be crashed in one way or another,” she stated. Ms. Harrington instead advised writing down passwords and telling family members where to find them – preferably not in a bank safe deposit box, since passwords need frequent updating.
Carol A. Harrington, Private Client
“People in Business”
Houston Chronicle, July 23, 2011
Steven Spears was noted as new partner-in-charge of McDermott’s Houston office. Mr. Spears is a partner in the Intellectual Property Litigation practice group.
Steven G. Spears, Intellectual Property
“1st Circ. Revives FCA Claims in Amgen Kickback Suit”
Law360, July 22, 2011
Daniel Curto and Michael Kendall served as co-counsel to Amgen, Inc. in a First Circuit ruling about the inclusion of kickback provisions in the False Claims Act provisions of several states. Amgen is one of several companies facing whistleblower allegations in the matter.
Daniel A. Curto, Michael Kendall, White-Collar & Securities Defense
“McDermott Successfully Advises WABCO Holdings”
Asia Chronicles, July 22, 2011
Pierre Brochet and Lee Khvat (London), John Hammond, Neal White and Daniel Zucker (Chicago), and Thomas Conaghan (Washington, DC) were members of a multi-office McDermott team that represented global technology leader WABCO Holdings in negotiating a $400 million credit facility for itself and subsidiaries in Belgium, Hong Kong and Singapore.
Pierre Brochet, Thomas P. Conaghan, John P. Hammond, Lee Khvat, Neal J. White, Daniel N. Zucker, Corporate
“McDermott Will & Emery Promotes Paul Thompson to Co-Lead DC Office: Power Circuit”
Washingtonian, July 22, 2011
Paul Thompson said he will continue his white-collar defense practice as new co-partner-in-charge (with Bobby Burchfield) of the Firm’s Washington office. “Lesson one of McDermott is you’re required to maintain an active practice, even as a managing partner,” he stated. The article also noted that Jeffrey Brennan has joined the office as a partner in the antitrust and competition practice.
Jeffrey W. Brennan, Bobby R. Burchfield, Paul M. Thompson, Antitrust & Competition, Trial, White-Collar & Securities Defense
“The View from Heron Tower”
PropertyWeek.com, July 22, 2011
Hugh Nineham, as managing partner of McDermott’s London office, said of the office’s move to the newly constructed, 46-story Heron Tower: “We felt that it was time to present a different face to the market. The dominating factors were efficiency, both in terms of how we used space and how efficient the building was – not just the environment but technology.” Noting that the working environment is conservative and practical, he added, “We are at our desks most of the time – more than we used to be – because more work is done by telephone and email than face-to-face meetings.”
“Crime and Punishment: The Strange Story of Barry Minkow”
CNN, July 22, 2011
Gordon Greenberg, who as a former federal prosecutor led an earlier fraud conviction of businessman Barry Minkow, said after Minkow’s latest conviction for securities fraud: “Barry made it easy for people to believe in him. He was able to take people, whatever their background or interest,… and make them believe that he cared about them and would do what was in their best interest… I had high hopes for him [after his first conviction], but I was worried because his personality type was that of a sociopath.”
Gordon A. Greenberg, White-Collar & Securities Defense
“Law Firms Beef Up Their Antitrust Practices; Ex-Regulators in Big Demand”
ABA Journal, July 20, 2011
Jeffrey Brennan’s decision to become an antitrust partner with McDermott after serving as an associate director at the FTC was cited as demonstrating a broader enhancement of the Firm’s antitrust capabilities, which has included the addition of four antitrust lawyers in the past year and plans to add up to three more.
Jeffrey W. Brennan, Antitrust & Competition
“New FAQs on Schedule UTP Offer Necessary Clarifications, Practitioners Say”
Tax Analysts, July, 20 2011
Robin Greenhouse said that “corporate taxpayers will be pleased with the additional guidance” recently provided by the IRS for making uncertain tax provision (UTP) disclosures. She singled out one particular “welcome departure” from previous UTP filing instructions, which now “extends the NOL/credit carry forward transition rule … to post-transition periods,” rather than requiring repeated disclosures.
“Lobbying World”
The Hill, July 19, 2011
Jeffrey Brennan’s addition to McDermott as an antitrust partner in Washington, DC and Paul Thompson’s promotion to co-partner-in-charge of the office, were both highlighted. Mr. Brennan is a former associate director of the FTC’s Bureau of Competition, while Mr. Thompson previously served as counsel to the Senate Judiciary Committee.
Jeffrey W. Brennan, Paul M. Thompson, Antitrust & Competition, White-Collar & Securities Defense
“How Contractors Can Prepare in Uncertain Budget Times”
Federal News Radio, July 19, 2011
Stephen Ryan, speaking about the trend in Congress to approve brief continuing budget resolutions rather than a full budget, urged contractors to “get your Rolaids out” because such resolutions “leave the agencies absolutely in limbo” if they want to start any new programs. “That’s no way to run a government,” Mr. Ryan added about the resolutions. “There are tremendous long-term costs and inefficiency by doing this.”
Stephen M. Ryan, Government Strategies
“In Information-Gathering Mode, CMS Undecided on Payment Structure for Genetic Tests”
Genome Web, July 19, 2011
Paul Radensky, assessing efforts by the Centers for Medicare & Medicaid Services (CMS) to determine payment policies for molecular diagnostics, said that new payment strategies beyond the existing physician fee schedules (PFS) are needed to capture the value of these tests for patient care. “Trying to convince everyone at CMS that everything has to fall under the PFS or that nothing should fall under the PFS would make no sense,” Mr. Radensky stated.
“LB&I Directive Limits Strict Liability Penalties Under Economic Substance Doctrine”
Tax Notes Today, July 18, 2011
Michael Wilder praised a new IRS directive that clarifies how and when examiners can apply the economic substance tax doctrine to assess taxes on transactions. “The IRS shouldn’t willy-nilly throw economic substance at everything. I applaud the IRS” for making the clarification,” he asserted. Mr. Wilder noted the benefits to business of the clarification: “The idea that you can face economic substance penalties if somehow a judge saw it differently from how you did is very scary and discouraged a lot of transactions, which I don’t think was the intent” of tax law.
“The Rise of the Summary Jury Trial”
New York Law Journal, July 18, 2011
John Calandra and Andrew Kratenstein wrote in this bylined article about summary jury trials (SJT), where each side in litigation presents its case in shortened form to a jury that makes a confidential advisory verdict which can encourage the parties to settle without formal court proceedings. The authors concluded that the SJT “is an underutilized tool that, if properly employed, can resolve both small ticket and big ticket cases at reasonable cost… More judges and lawyers should consider utilizing the procedure.”
John J. Calandra, Andrew B. Kratenstein, Trial
“Fight for Independence”
Modern Healthcare, July 18, 2011
Eric Zimmerman said that, although Congress relies on the “well-respected” Medicare Payment Advisory Committee (MedPAC) for ideas to reduce Medicare costs, those ideas are “merely recommendations.” By contrast, he noted, the Independent Payment Advisory Board established by the health reform law “has authority to put forth recommendations that, unless Congress acts, will become law. So it’s invested with enormous authority and additional powers that MedPAC does not have.” For that reason, he added finding IPAB members who will pass Senate scrutiny could be difficult.
“DC Moves”
National Law Journal, July 18, 2011
Jeffrey Brennan’s move to McDermott as an antitrust partner in the Washington, DC office was noted. Mr. Brennan managed antitrust litigation, investigations and policy initiatives at the Federal Trade Commission from 2001 to 2005.
Jeffrey W. Brennan, Antitrust & Competition
“Papering Over the Clearing of Derivatives”
Money Management Executive, July 18, 2011
Andrea Kramer reminded fund managers that the central clearing of derivatives trades required by the Dodd-Frank Act will mean they must make such documentation decisions as “what type of category of firm they fit under, which contracts they will centrally clear and what new contracts they will enter into with executing parties and clearing brokers.” To do this, she added, “Some fund managers and dealers would prefer to negotiate additional clauses to their futures agreements while some would like to add to their ISDA agreements.”
“People on the Move”
Congressional Quarterly Today, July 17, 2011
Paul Thompson’s appointment as co-partner-in-charge of McDermott’s Washington, DC office was noted.
Paul M. Thompson, White-Collar & Securities Defense
“Let’s Make or Break a Deal”
Washington Post, July 17, 2011
Joseph Winterscheid, head of McDermott’s global antitrust and competition practice, said the group will “look to continue to expand as the work continues to expand, as we expect it will.” The addition of former top government antitrust officials Jeffrey Brennan and Alison Smith was cited as typifying the Firm’s growth in this area.
Joseph F. Winterscheid, Antitrust & Competition
“CFTC Whistleblower Rule Draws Scrutiny”
MarketWatch, July 15, 2011
Andrea Kramer pointed out that the Commodity Futures Trading Commission may not have enough funding to pursue whistleblower tips on commodity trades and swaps, as now authorized by the Dodd-Frank Act. Moreover, she added, there is confusion about “what are the swaps in the first place? Answers to questions like that will tell the market participants whether they are in Dodd-Frank [whistleblower provisions] or not.”
“The Churn: Lateral Moves and Promotions in the AmLaw 200”
AmLaw Daily, July 15, 2011
Steven Spears and Paul Thompson were both noted for their new McDermott leadership positions. Mr. Spears (intellectual property practice) is partner-in-charge of the Houston office, while Mr. Thompson (white-collar practice) is co-partner-in-charge for Washington, DC.
Steven G. Spears, Paul M. Thompson, Intellectual Property, White-Collar & Securities Defense
“Open Letter to Mayor Emmanuel on Maternity Leave”
Huffington Post, July 14, 2011
Andrea Kramer predicted that the city of Chicago’s plan to institute paid maternity leave for city employees “will open doors for women, ensuring that raising health families and building successful careers are no longer so hard to reconcile.” Ms. Kramer made the statement in her role as board chair of the Chicago Foundation for Women.
“New Leadership in McDermott’s DC Office”
Blog of Legal Times, July 14, 2011
Paul Thompson, named co-partner-in-charge (with Bobby Birchfield) of McDermott’s Washington, DC office, was called a “natural leader” by the Firm’s co-chairman Peter Sacripanti. Mr. Thompson had served as counsel to the Senate Judiciary Committee before joining McDermott.
Bobby R. Burchfield, Peter John Sacripanti, Paul M. Thompson, Trial, White-Collar & Securities Defense
“Patent Measure Concerns Independent Inventors”
The Sun-Sentinel (Fort Lauderdale, FL), July 14, 2011
Yar Chaikovsky warned small inventors not to show unpatented innovations to potential investors or customers, because the “first to file” provision in the new patent law reform bill could allow such viewers to file their own patent on the invention. Mr. Chaikovsky suggested that inventors get a signed non-disclosure agreement before showing an innovation that is not yet patented.
Yar R. Chaikovsky, Intellectual Property
“Teva Drops Azilect Patent Claim Against Watson, Mylan”
Law360, July 14, 2011
Joseph Robinson, Robert Schaffer, Paul Zagar and Louis DelJuidice represented Mylan, Inc. in the dismissal of Teva Pharmaceutical’s patent infringement claims over a drug to treat Parkinson’s disease. Mylan and other companies named in the lawsuit had filed counterclaims alleging that the patent at issue was invalid and not infringed.
Louis J. DelJuidice, Joseph R. Robinson, Robert Schaffer, Paul M. Zagar M.D., Intellectual Property
“McDermott Will & Emery Names Houston Partner-in-Charge”
Houston Business Journal, July 14, 2011
Steven Spears was recognized for his appointment to head the Firm’s Houston office. An intellectual property lawyer focused on the chemical, biotechnology and petrochemical sectors, Mr. Spears is responsible for oversight and implementation of McDermott’s strategic regional goals.
Steven G. Spears, Intellectual Property, IP Litigation
“McDermott Names New Head of Houston Office”
Citybizlist Houston, July 14, 2011
Steven Spears was called “quite simply the best choice” to head McDermott’s Houston office by Firm co-chair Jeffrey Stone. McDermott co-chair Peter Sacripanti added that Mr. Spears is “a strong and capable leader” and a “battle-tested courtroom attorney and mentor to others.” Mr. Spears was recently included by his professional peers in The Best Lawyers in America for intellectual property law.
Peter John Sacripanti, Steven G. Spears, Jeffrey E. Stone, Intellectual Property, Trial, White-Collar & Securities Defense
“McDermott Will Elevates Paul Thompson”
Washington Business Journal, July 14, 2011
Paul Thompson was appointed co-partner-in-charge of the Firm’s Washington office, where he will work with Bobby Burchfield to expand the Firm’s already robust legal service offerings in this key market. As co-partner-in-charge, Mr. Burchfield cited Mr. Thompson’s “broad experience as a federal prosecutor, on Capitol Hill, and in private practice, coupled with his energy and engaging manner,” as key qualifications for the position.
Bobby R. Burchfield, Paul M. Thompson, Trial, White-Collar & Securities Defense
“10 Ways to Lawsuit-Proof Your Estate”
Forbes.com, July 13, 2011
David Baker addressed what persons can do while living to avoid disputes over a will after their death. He advised treating people with the same degree of relationship equally, given that “people fight, generally speaking, because they feel they aren’t getting a fair share or a fair slice of control.” Mr. Baker also suggested documenting which hard assets go to each person (“Juries and judges like a piece of paper” if a dispute goes to court), transferring a family business while living (“It’s harder to challenge a transfer by lifetime contract than by will or trust”), and establishing mental soundness without using videotape (Video “can generate more fodder for people who want to fight”).
David A. Baker, Private Client
“Who’s In, Who’s Out”
The Deal Pipeline, July 13, 2011
Jeffrey Brennan’s joining the Firm as an antitrust partner in Washington was noted. For five years at the FTC Mr. Brennan had been responsible for managing antitrust investigations, litigation and policy initiatives focused on healthcare competition.
Jeffrey W. Brennan, Antitrust & Competition
“Former FTC Official Moves to Second BigLaw Firm”
Blog of Legal Times and New York Law Journal, July 13, 2011
Jeffrey Brennan, who for five years headed the Federal Trade Commission’s health care services and products division, joined the antitrust and competition practice of McDermott’s Washington, DC office. Mr. Brennan is ranked by Chambers USA as a top Washington antitrust lawyer.
Jeffrey W. Brennan, Antitrust & Competition
“McDermott Nabs Ex-FTC Health Chief from Dechert”
Law360, July 13, 2011
Jeffrey Brennan said that joining McDermott’s antitrust practice as a partner in the Washington, DC office “is a real exciting move for me. The opportunity to come to this firm and practice in its highly well-regarded antitrust group with the equally highly regarded health care group was just a perfect fit for me.” He has special emphasis advising pharmaceutical companies regarding regulatory settlements over branded versus generic drug output. From 2001 to late 2006 Mr. Brennan worked at the Federal Trade Commission, including as Associate Director of the Bureau of Competition from 2005 on. He has been in private practice since leaving the FTC.
Jeffrey W. Brennan, Antitrust & Competition
“ThyssenKrupp Fines: Going Down”
Global Competition Review, July 13, 2011
Wilko van Weert commented that Europe’s General Court’s reduction of fines imposed by the European Commission in an elevator/escalator price fixing action does not invalidate the EC’s overall finding. “It is sufficient that an infringement has been established for a damages claim to be possible,” he noted. “The fine only indicates the company’s involvement, and also takes into account factors that are not relevant to the actual infringement, such as repeat offences.”
Wilko van Weert, Antitrust & Competition
“Brennan Joins McDermott”
Global Competition Review, July 13, 2011
Jeffrey Brennan stated upon joining McDermott as an antitrust partner in Washington, DC that he “look[s] forward to working with the firm’s outstanding clients and lawyers in addressing the challenges confronting the health-care industry and other sectors in the current antitrust enforcement climate.” In five years at the FTC, Mr. Brennan directed oversight of the Commission’s entire health care antitrust portfolio, and later oversaw merger and non-merger enforcement in a variety of business sectors.
Jeffrey W. Brennan, Antitrust & Competition
“Patent Measure Causing Concern Among Independent Inventors”
The Los Angeles Times, July 11, 2011
Yar Chaikovsky said that the first-to-file patent system contained in the new patent law reform bill could make it difficult for small inventors to show a new product to a potential investor or customer before committing resources to a patent filing. Inventors should get such viewers of non-patented products to sign a non-disclosure agreement, Mr. Chaikovsky warned that otherwise, “If you don’t get someone to sign, if they go use it, you’re dead.”
Yar R. Chaikovsky, Intellectual Property
“Hostile Reception: Value-Based Purchasing Changes Get Poor Reviews”
Modern Healthcare, July 11, 2011
Eric Zimmerman said that the Centers for Medicare and Medicaid Services' (CMS) new rule on outpatient reimbursement for ambulatory surgery centers (ASCs) may be difficult for some smaller or single-specialty ASCs to meet. “There’s a difficult and delicate balance that CMS needs to strike here,” he observed, noting that the rule is challenging to ASCs because it focuses more on hospital-related measures.
“IBM, Corning Requiring Gay Couples to Marry for Health Benefits”
The Christian Post, July 9, 2011
Nicole Pearl cited differences in state and federal law treatment of same-sex marriage as the reason why some legally married same-sex couples will have to file four tax returns: separate individual returns and a “dummy” joint return for federal tax purposes, and as a married-filing-jointly couple for state taxes.
Nicole M. Pearl, Private Client
“Headaches for Same-Sex Couples”
Wall Street Journal, July 9, 2011
Nicole Pearl noted that, because federal law does not recognize same-sex marriage, even same-sex couples who are legally married in certain states must file multiple tax forms in those states as if they were single, and cannot leave each other unlimited assets without owing federal estate tax. In the latter instance, to keep the same assets from being taxed after each spouse dies, Ms. Pearl recommended leaving assets in an irrevocable trust to benefit the surviving spouse. “You would owe estate tax at the first death on the amount that goes into the trust, but not at the second death,” she pointed out.
Nicole M. Pearl, Private Client
“House Judiciary Committee Passes BAT Nexus Bill”
State Tax Today, July 8, 2011
Arthur Rosen praised legislation approved by the House Judiciary Committee that would establish a national standard for the kind of state physical presence that online retailers must have for required state sales tax collection. Expressing optimism about the bill’s chances in the full House and the Senate, Mr. Rosen said of the Committee’s action: “It shows that there is clear bipartisan support … and that the time has come for the bill to become law.”
“State Estate Tax Changes Make Plans Trickier”
Wall Street Journal, July 8, 2011
Julie Kwon said that because some states are raising estate taxes while others are cutting them, any estate plan developed to meet federal estate tax rules also needs to take into account the relevant states’ rules and build in some flexibility. Otherwise, Ms. Kwon warned, a mistake in a plan for a couple could mean an unexpected tax when the first spouse dies.
“Regulators May Not Have Authority to Delay Dodd-Frank, Warn Lawyers”
Risk Magazine, July 8, 2011
Andrea Kramer asserted that, although some say a CFTC and SEC extension to implement Dodd-Frank Act provisions may allow traders to argue that an unfavorable swaps deal should be canceled as illegal, “I really don’t see anything in the proposed extension that gives participants legal grounds to back out of otherwise binding contracts.” She added that she “can’t see courts saying contracts would be unenforceable” because of the extension.
“False Marking Statute is Unconstitutional: Wham-O”
Law360, July 7, 2011
M. Miller Baker represented the Chamber of Commerce of the United States in an amicus filing with the Federal Circuit Court of Appeals over the qui tam provision of the false marking statute. The filing argued that the statute violates the apportionments clause of the U.S. Constitution’s Article II, because in allowing whistleblower false marking claims it privatizes the executive branch’s law enforcement function.
“RIAs Offer Little Investor Protection Beyond Fiduciary Label”
Bloomberg News, July 6, 2011
Edwin (Ted) Laurenson noted that, although Registered Investor Advisers (RIAs) have a legal fiduciary duty to their clients beyond that of traditional brokers, they still are not required to disclose their performance history to prospective clients.
Edwin C. Laurenson, Finance & Banking
“Lodsys Won’t Back Down, Moves to Wage Patent War in Texas”
Thomson Reuters News and Insight, July 6, 2011
Michael Shanahan was noted as counsel to plaintiff ForeSee, one of several companies to file declaratory judgment actions against patent holding company Lodsys. The actions seek court rulings that the companies have not infringed Lodsys patents.
Michael E. Shanahan, Intellectual Property
“Latest Draft of Hatch IVD Bill Contains New Regulatory Proposals”
GenomeWeb, July 6, 2011
Paul Radensky and Eric Zimmerman spoke about representing an industry coalition to clarify reimbursement reforms and incentives for innovative non-device diagnostic tests. “We’ve been looking at options to have a more predictable system in place to assign different payment rates and codes … so the payor actually knows what it is they’re paying for,” Mr. Radensky stated. Mr. Zimmerman added that “the current [reimbursement] system is not working well and that it does not appropriately incentivize the development of these tests.”
Paul W. Radensky M.D., Eric Zimmerman, Health
“Italy: Further FIT Cut Claims Disputed”
PV Magazine, July 5, 2011
Carsten Steinhauer described reports that Italy might reduce renewable energy support as “a pure negotiation maneuver, which was never a serious prospect.” Instead, Mr. Steinhauer noted in an email, “The proposal of further cuts (30 percent on all renewable energy incentives) was not pursued and was already disclaimed by the [government] …”
“Pittsburgh Corning Asks Court to Reconsider”
The Deal Pipeline, July 5, 2011
M. Miller Baker were listed among co-counsel to Continental Casualty, one of several insurers seeking an amendment to U.S. Bankruptcy Court’s latest ruling on the reorganization plan for Pittsburgh Corning Corp. The insurers want the court to note that there has been no final decision about affiliates’ insurance in the asbestos-related bankruptcy filing.
“Same-Sex Spouses in New York Will Get Health Insurance”
The New York Times, July 5, 2011
Todd Solomon said that, although New York State has legalized same-sex marriage, employers with self-insured plans that pay for health benefits from their own assets are not subject to the state’s insurance laws and thus are not required to cover same-sex spouses.
Todd A. Solomon, Employee Benefits
“Lawyers Who Are Legislators Face Conflicts”
Boston Globe, July 4, 2011
Daniel Haley, who when in Massachusetts government helped draft the state’s tough drunken driving law, said of a key legislator: “There’s something a little off about a practicing criminal defense lawyer having utter control over what bills get out of committee … because that person’s professional life outside the Legislature will be affected, one way or another, by what bills ultimately become law.’’ He added that such situations raise questions “of whether legislators are representing their constituents or their clients in any given decision,’’ particularly since “legislators [can] convince themselves that there’s total separation between their two lives.”
Daniel P. Haley, Government Strategies
“Despite Notoriety, Bulger No Easy Case”
Boston Globe, July 3, 2011
Michael Kendall offered from his perspective as a former prosecutor that, because alleged mobster Whitey Bulger was over 80 years old when arrested and brought to trial, “The issue is just to get him convicted before anything else, while he’s still alive.’’ He added that if appeals on any conviction were still ongoing when Bulger dies, “then the conviction is dismissed.’’ Mr. Kendall suggested that an illegal weapons possession charge against Bulger might be easiest to prosecute first: “There’d be no charade, and … [y]ou could put him in jail for the rest of his life.”
Michael Kendall, White-Collar & Securities Defense
"Common Touch”
SuperLawyers (Northern California), 2011
Terrence McMahon was featured in this cover story, which called him “one of the nation’s top intellectual property attorneys” and “one of the most sought-after IP attorneys in the state” of California, saying he “is renowned for mesmerizing jurors” and praising him for his “common touch.” Mr. McMahon himself said in describing his practice, “I assume everything will go to court and I will have to prove everything I need to prove. It’s get-your-hands-dirty work… I’m tough, but fair.”
To read the full article click here.
Terrence P. McMahon, Intellectual Property
“Connecticut Tax Commissioner: Click-Through Nexus Doesn’t Burden Amazon”
State Tax Today, July 1, 2011
Arthur Rosen criticized a Connecticut ruling that a website hyperlink to an in-state company required a remote online retailer to collect state sales tax, saying that the in-state activity should be “significantly associated” with the retailer’s market presence. Citing U.S. Supreme Court rulings on the issue, Mr. Rosen asserted, “The Constitution is not a loophole.” He did not think the Court would take another similar case, saying Congress was best positioned to address the remote sales tax collection issue.
“Personal Bankruptcies Decline Sharply in Massachusetts”
Boston Business Journal, July 1, 2011
Matthew Martel observed that, with bankruptcy filings in Massachusetts declining as the economy improves and other states considered more debtor-friendly, “There’s a large push under way right now to bring bankruptcy filings back to Massachusetts. The bar is beginning to organize itself to encourage people to file here.”
“Let the Whistling (Ahem) Begin”
Corporate Counsel, July 1, 2011
Steven Scholes predicted that the SEC’s new whistleblower rules, which allow employees to report suspected misconduct to the government before going to the company, will have negative consequences. “The SEC staff is going to be absolutely inundated, and the volume of reports is going to exceed the SEC’s resources to marshal, analyze and triage,” he said, adding that the rules will also “impose added costs and burdens on companies.”
Steven S. Scholes, White-Collar & Securities Defense
“McDermott Relocates Brussels Partner Frank Schonveld to MWE China in Shanghai”
Asian Legal Business, June 30, 2011
Frank Schoneveld was noted for his reassignment to MWE China Law Offices to help clients deal with legal challenges under China’s new Anti-Monopoly Law (AML). Mr. Schoneveld has more than 20 years of experience in European Union competition law and regulatory issues.
Frank Schoneveld, Antitrust & Competition
“Roger Clemens to Hit Back Against Perjury Charges”
Reuters, June 30, 2011
John Kocoras, as a former federal prosecutor, expressed the opinion that government prosecution of former star pitcher Roger Clemens for lying to Congress about alleged steroid use will face the same issues as a similar perjury prosecution of baseball great Barry Bonds. “I do think the prosecutors have, as they had in the Bonds case, a difficult challenge in convincing the jury that this trial is an appropriate use of substantial government resources,” Mr. Kocoras said, especially since the case rests on one key witness: “If the jury isn’t sold on that person’s credibility, they greet the rest of the evidence with skepticism.”
John C. Kocoras, White-Collar & Securities Defense
“Gift Tax Bonanza Faces Challenge”
Dow Jones Newswire, June 30, 2011
Carol Harrington said that, although Congress could extend the high 2011-12 gift tax exemption to 2013 (when it is set to fall sharply), she is reluctant to predict what if any Congressional action will occur. Meanwhile, she noted, trying to sort through the complications and uncertainties of the gift tax is “head spinning” for many clients because of the planning difficulties it causes.
Carol A. Harrington, Private Client
“McDermott Lawyer Will Lead Foundation”
Chicago Daily Law Bulletin, June 30, 2011
Andrea Kramer commented on her selection as Chair of the Chicago Foundation for Women. “I care very much about gender diversity, about diversity in the [legal] profession," said Ms. Kramer. "I want to see more women advance in leadership and philanthropy, especially women from diverse backgrounds." Heading the Foundation (which she called “the leading funder of nonprofit programs that support women and girls in the Chicago area”) is one of Ms. Kramer’s many community leadership activities. “It energizes me, giving something back … I get back more than I give out.”
“Deferred Compensation Lets Executives Avoid 401(k) Saving Caps”
Bloomberg News, June 29, 2011
Andrew Liazos said that executives who choose to take distributions from nonqualified deferred compensation plans over a period of at least 10 years may save substantially if they move from a high-tax jurisdiction such as New York to a non-income tax state like Florida. He explained that, under federal law, the state where taxpayers earned deferred compensation cannot tax the income if the recipient moves and receives it in equal installments over 10 or more years.
Andrew C. Liazos, Employee Benefits
“Bulger Came Back To Boston for ‘Unfinished Business’”
WBUR Radio, 90.9 Boston, June 28, 2011
Michael Kendall, a former federal prosecutor, said he has “never heard of the government saying you should ask a family member if they’ll pay for a defense,” as prosecutors may do to prevent alleged mobster Whitey Bulger from getting a public defender. He noted that if family members pay defense costs, “You then may be able to question them about the source of the funds and why they are doing it.” But Mr. Kendall added that, whoever pays for Bulger’s counsel, “If one looks at the big picture, the most important thing is to get him an attorney quickly so he can go to trial quickly, because that’s what all the victims of crimes want to see.”
Michael Kendall, White-Collar & Securities Defense
“Whitey Captured: Attorney Michael Kendall Reacts”
WFXT-TV, Fox 25 Boston, June 28, 2011
Michael Kendall, as a former US Attorney who worked on organized crime cases in Boston, said that the challenge for prosecutors in bringing organized crime figure Whitey Bulger to trial will be to “strip down the case and make it simple so it can move quickly,” adding that it will take time “to get past procedural events and have evidence actually presented.” Mr. Kendall also stated that “people should get over” any outrage about the alleged mobster requesting a public defender: “The quicker he gets a lawyer, the quicker he’ll get to trial.” To watch this interview click here.
Michael Kendall, White-Collar & Securities Defense
“Collegiate Confusion”
Forbes.com, June 27, 2011
Carlyn McCaffrey recommended 529 Plans as a “convenient and easy way” for depositing funds that can be withdrawn tax-free to pay for college expenses, while preserving the option for funds from a taxable estate to be withdrawn or transferred to another beneficiary. The article noted that Ms. McCaffrey is “known for the sophisticated trusts she sets up for superwealthy clients.”
Carlyn S. McCaffrey, Private Client
“Reactions to the Supreme Court Decision on Video Game Violence”
VentureBeat, June 27, 2011
Ahsan Shaikh noted the US Supreme Court’s rejection of California’s ban on selling violent video games to minors, and observed that “ the time is ripe for developers in the industry, both hardware and software, to respond to the increasing attention on video game violence” by developing innovative content restrictions or alternative violence displays. “The developer that addresses these concerns and patents their innovation will gain a controlling position in the industry” now that parents are more aware of video game violence levels, Mr. Shaikh predicted.
Ahsan A. Shaikh, Intellectual Property
“Whitey Bulger Captured”
WBZ-TV, CBS 38, Boston, June 25, 2011
Michael Kendall expressed the belief that it will not be difficult to seat a jury for trying alleged Boston mobster Whitey Bulger. “There are lots of people who have come to Boston in the last 15 to 20 years who barely know who Whitey Bulger is and who don’t really have a personal impression of how evil he was in this city,” said Mr. Kendall, who helped prosecute cases against Bulger years ago. “Those people can be very objective.” To watch this news report, click here.
Michael Kendall, White-Collar & Securities Defense
“Agency Works to Fix Image”
Boston Herald, June 25, 2011
Michael Kendall, a former prosecutor who worked on cases related to alleged Boston mobster Whitey Bulger, asserted that the FBI launched a nationwide TV campaign to find Bulger because he “discredited the Bureau” after a former agent helped him escape arrest years ago. “It’s the single most sensitive case for people who care about the FBI’s image,” Mr. Kendall noted. “Most … who work for the FBI are fabulous. But there was a rotten group involved with Bulger.”
Michael Kendall, White-Collar & Securities Defense
“Prosecutor Objects to Court-Appointed Attorney Possibility”
Boston Globe, June 25, 2011
Michael Kendall explained that, if the large amount of cash in the possession of alleged crime figure Whitey Bulger at his arrest came from illegal activity, it is “forfeitable to the government and not his to use for his own purposes” – such as his legal defense. “Unless [Bulger] has something from a truly clean source that was never used to facilitate a crime, the government gets to forfeit,” Mr. Kendall continued.
Michael Kendall, White-Collar & Securities Defense
“PopCap Sale Shows Shaky IPO Market”
TheStreet.com, June 23, 2011
Mark Selinger observed that startup companies increasingly are open to mergers rather than initial public offerings as growth strategies. “In the really frothy days, everyone was all in for the IPOs,” he noted. “It was your only focus and you tried to run the process very quickly. Now when a good [merger] offer comes along, there’s more inclination to take it than before.” Mr. Selinger also said that technology IPO investors “are just looking for the next Amazon” and fear that smaller companies “are going to turn into roadkill when the bubble bursts.”
“9th Circ. Restores Fraud Verdicts Against Gateway Execs”
Law360, June 23, 2011
Brandon Roker was noted as co-counsel for one of three former executives of a technology company in a case before the Ninth Circuit. The circuit court held that the Southern District of California erred in granting judgment as a matter of law in fraud verdicts against two of the executives and reinstated the verdicts.
Brandon Roker, White-Collar & Securities Defense
“McDermott Advises Atrius Health on Integration of New Group Affiliate”
Healthcare Finance News, June 23, 2011
Christopher Jedrey, Charles Buck, Ashley Fischer and Carla Hine represented Atrius Health Groups in negotiations and regulatory approvals to add a sixth nonprofit community-based physician group. The transaction will make Atrius Health the largest physician-led health system in Massachusetts. The article noted that Chambers USA ranked McDermott as the only tier one US health law practice in 2011.
Charles Buck, Ashley McKinney Fischer, Carla A. R. Hine, Christopher M. Jedrey, Antitrust & Competition, Health
“House to Debate Diversion of USPTO Funds”
Law360, June 21, 2011
Yar Chaikovsky called it “a significant issue” that a House of Representatives amendment to the patent reform bill passed by the Senate could jeopardize the Senate’s decision to end diverting of Patent Office application fees. “If they strip it [the diversion prohibition] out, you possibly don’t have patent reform at all,” he said.
Yar R. Chaikovsky, Intellectual Property
“IP Cases to Watch at the District Court Level”
Law360, June 21, 2011
Paul Devinsky assessed the Federal Circuit’s hearing of appeals on two lower court decisions that rejected qui tam false patent marking lawsuits under the false marking statute. “How these cases get resolved is a serious issue because the Federal Circuit could – subject to Supreme Court review – wipe out false marking qui tam cases without congressional activity if it agrees with the Pennsylvania and Ohio courts,” he said.
Paul Devinsky, Intellectual Property
“The New Power Gays: NYC’s Top 50”
New York Observer, June 21, 2011
Lisa Linsky was singled out as “an unusually outspoken partner in the sometimes-conservative white-shoe legal scene” for her record as a senior litigator with a strong civil rights record. That includes writing and speaking nationally on LGBT-focused legal issues and serving as secretary of Lambda Legal, the nation’s oldest and largest legal organization working for recognition of LGBT rights.
“California Court Gives ‘Rogue’ Wills More Validity”
Wall Street Journal, June 20, 2011
Julie Kwon offered advice on best practices for drafting wills in California. The state's harmless error law gives credence to informal wills that are not properly drafted or documented. However, such documents still have been contested in court, and Ms. Kwon said that “even simple formal documents” will spare beneficiaries a great deal of time and expense if there is a lawsuit challenging will terms.
“Law Firms Dust Off Foreign Expansion Plans”
Thomson Reuters News & Insight, June 20, 2011
Peter Sacripanti stated that, although McDermott had considered opening a Paris office for roughly 10 years, it was not until the hiring of partner Jacques Buhart earlier this year that the Firm felt confident it could properly serve clients in that city. “Everything we do is with conservatism,” Mr. Sacripanti explained, adding he expected the office will significantly expand from its current roster of eight lawyers.
“IRS Proposal Aims to Help Small Businesses Establish Retirement Plans”
Tax Notes Today, June 20, 2011
Brian A. Benko discussed the IRS Advisory Committee on Tax Exempt and Government Entities (ACT) proposal to create an employee benefits pro bono clinic. McDermott would staff a one-year pilot program through the John Marshall Law School, helping small businesses implement qualified employee retirement plans. “The proposed clinic would combine McDermott’s employee benefits expertise with its strong sense of social responsibility,” Mr. Benko said. “Helping small businesses comply with the law benefits those employees who might not otherwise have access to a qualified retirement plan.”
Brian A. Benko, Employee Benefits
“DoJ Signals New Focus on Behavioural Remedies”
Global Competition Review, June 20, 2011
Joel Grosberg pointed out that, in the Department of Justice’s new revision of its Policy Guide to Merger Remedies regarding competition concerns, “The biggest change is that the updated guide focuses on how behavioral remedies [to anticompetitive conduct] are often necessary and appropriate.”
Joel R. Grosberg, Antitrust & Competition
“Hackers Might Face Stiffer Sentences in U.S.”
Reuters, June 18, 2011
Stephen Ryan said that a proposal to double or triple the sentence for hacking federal government computer systems will likely not do as much to deter cybercrime as would actual arrest and trial. “There may be people who fully deserve a sentence of more than five years. The key to deterrence is prosecution and conviction,” Mr. Ryan noted.
Stephen M. Ryan, Government Strategies
“Supremes Wrestle with California Vidgame Law”
Variety, June 17, 2011
Ahsan Shaikh remarked that if the U.S. Supreme Court upholds a California law that restricts the sale of ultraviolent videogames to minors, game publishers will look for ways to alter the games “as little as possible to make games less violent and get them out quickly” – for example, he suggested, by patenting a technique by which a character is not killed violently but instead “ages really quickly and turns to dust.”
Ahsan A. Shaikh, Intellectual Property
“States Vie for Their Share of Equity Comp”
CFO.com, June 17, 2011
Arthur Rosen noted that, even though “everybody is saying” states are doing more to tax equity compensation awards given to executives, in actual practice, “while states are being a little tougher, it’s not at a whole new level.” Mr. Rosen said that the number of executives who move to states with low or no income tax in order to cash in equity awards is “increasing slightly,” but added that more states are using independent contractors to collect tax from persons who make such moves. For companies granting awards, Mr. Rosen concluded, “the problem with complying with the laws is the administrative burden.”
“NY Court Refuses to Step Between Prosecutors, Amgen”
Law360, June 16, 2011
Daniel Curto, David Rosenbloom, Michael Kendall and Monica Susan Asher were co-counsel for McDermott representing Amgen, Inc. in a motion filed in U.S. district court seeking to hold government prosecutors to New York State ethics rules in their contact with company employees when investigating allegations raised in False Claims Act lawsuits.
Monica Asher, Daniel A. Curto, Michael Kendall, David S. Rosenbloom, Trial, White-Collar & Securities Defense
“D.C. Lawyers Honored for Civil Rights Work”
Blog of Legal Times, June 16, 2011
McDermott was one of several major law firms in Washington, D.C. honored by the Washington Lawyers’ Committee for Civil Rights and Urban Affairs with its 2011 Outstanding Achievement Awards to Cooperating Law Firms for their pro bono work and handling of victorious civil rights cases during the past year.
“EU Court Cuts Solvay, Edison Bleach Cartel Fines”
Law360, June 16, 2011
Clive Stanbrook represented FMC and FMC Foret before the European Union’s General Court in rulings that involved a number of companies fined by the European Commission in 2006 for alleged anti-competitive actions during the 1990s related to two bleaching agents.
Clive Stanbrook QC, Antitrust & Competition
“Dana Point, Surfrider Still at Odds Over Beach Gate”
Orange County Register, June 16, 2011
Jennifer Kalnins Temple, speaking for her client the Surfrider Foundation about a California city’s failure to honor a county circuit court ruling that city-approved restrictions of public access to a beach should be removed, stated: “We’re disappointed to see the gates and signs are still here. While the judgment technically hasn’t been entered, that’s a mere formality.”
Jennifer Kalnins Temple, Trial
“Court Finds It Lacks Power to Enforce ‘No Contact’ Rule”
New York Law Journal, June 16, 2011
David Rosenbloom, Michael Kendall and Daniel Curto were noted as co-counsel representing Amgen Inc. in motions related to the federal government’s investigation of possible False Claims Act violations.
Daniel A. Curto, Michael Kendall, David S. Rosenbloom, White-Collar & Securities Defense
“Third Circuit Upholds Amgen Dismissal”
Global Competition Review, June 15, 2011
Raymond Jacobsen, Bobby Burchfield, Jon Dubrow and William Diaz were noted as counsel to Amgen, Inc. in securing the Third Circuit Court’s affirmation of a lower court ruling that dismissed a potential class action antitrust lawsuit brought by a hospital on behalf of a potential class of plaintiffs.
Bobby R. Burchfield, William Diaz, Jon B. Dubrow, Raymond A. Jacobsen Jr., Antitrust & Competition, Trial
“Someone Might Sue N.Y. to Collect More Taxes from Your Company”
State Income Tax Monitor, June 15, 2011
Matthew Boch, Catherine Battin, and Jane May were cited here as authors of an earlier article about how New York State has become the first to authorize qui tam whistleblower claims regarding tax matters. This summary noted that the authors had called the concept of circumventing the normal audit/appeal process “unsettling,” particularly if other states follow suit.
Catherine A. Battin, Matthew Boch, Jane Wells May, State & Local Tax, Tax
“3rd Circ. Affirms Dismissal of Amgen Tying Suit”
Law360, June 14, 2011
Bobby Burchfield, Jon Dubrow, David Hanselman, Raymond Jacobsen, William Diaz and Lincoln Mayer are listed as McDermott co-counsel in defense of Amgen in a Third Circuit ruling that held a Pennsylvania hospital lacked standing to represent a class of drug purchasers in allegations of federal antitrust law violation against the company.
Bobby R. Burchfield, William Diaz, Jon B. Dubrow, David L. Hanselman Jr., Raymond A. Jacobsen Jr., Lincoln Mayer, Antitrust & Competition, Trial
“CFTC Delays Implementation of Some Derivatives Rules”
The Deal Pipeline, June 14, 2011
Andrea Kramer said that a decision by the CFTC to resolve questions about the timing of new swaps regulations means that swaps users “are not going to be held to a ‘read our minds’ standard” by the regulatory agencies. Ms. Kramer added regarding the regulators that “the world is going to continue to spin until they get it right. They are not going to chase after” swaps dealers and recipients until the rulemaking process is complete.
“As Regulators Tinker with New Rules for Derivatives, a Deadline Looms”
Compliance Week, June 14, 2011
Andrea Kramer spoke extensively about the uncertainties facing derivatives traders as regulators try to formulate rules mandated by the Dodd-Frank Act. She said that many of her clients “are struggling with … trying to figure ou