Media Mentions
2012
“European Moves Round-Up”
The Lawyer, February 9, 2012
Jacob Grierson’s move to McDermott to become partner in the Firm’s Arbitration Practice was noted. Mr. Grierson will divide his time between the London and Paris offices.
“Promedica Begs FTC not to Make It Divest Ohio Hospital”
Law360, February 6, 2012
David Marx Jr. said in oral arguments before the FTC that the agency's staff had not met its burden of showing a Clayton Act violation resulting from ProMedica’s acquisition of an Ohio hospital based on concerns over potential anticompetitive pricing. “Patients don’t select hospitals on prices,” Mr. Marx asserted. “They don’t have access to that information.” In addition to Mr. Marx, ProMedica is represented by Stephen Wu, Amy Carletti, Erin Arnold, Jennifer Westbrook, Christine Devlin, Carrie Amezcua, Daniel Powers and James Camden.
Carrie G. Amezcua, Erin Arnold, James Buchanan Camden, Amy J. Carletti, Christine G. Devlin, David Marx Jr., Daniel Powers, Jennifer L. Westbrook, Stephen Wu, Antitrust & Competition, Trial
“Fox, Others Win Toss of ‘American Idol’ Idea Theft Suit”
Law360, February 6, 2012
Stephen Riccardulli and Monica Asher were among the co-counsel successfully defending producers of “American Idol” and three other reality shows against claims of idea theft by an individual plaintiff. A New York federal judge called the plaintiff’s claims “unsupported by factual assertions.”
Monica Asher, Stephen J. Riccardulli, Trial
“FTC Won’t Get Monitor for ProMedica Hospital Operations”
Law360, February 3, 2012
Stephen Wu said he was pleased with a federal judge’s rejection of a Federal Trade Commission request for a monitor to assure that McDermott client ProMedica Health System complies with an FTC Administrative Law Judge's ruling on a proposed hospital merger while the Administrative Law Judge's ruling is being appealed to the FTC. David Marx Jr., Amy Carletti, Jennifer Westbrook and Erin Arnold also are co-counsel for ProMedica.
Erin Arnold, Amy J. Carletti, David Marx Jr., Jennifer L. Westbrook, Stephen Wu, Antitrust & Competition, Trial
“Movers and Shakers”
The Deal Pipeline, February 3, 2012
Jacob Grierson was noted as a new partner in McDermott’s International Arbitration group. Mr. Grierson will practice out of both the Firm’s London and Paris offices.
“McDermott 2011 Performance in The Am Law 100, the Early Numbers”
The AmLaw Daily, February 2, 2012
McDermott recorded a 4.7 percent increase in gross revenue last year, to $825.5 million. At the same time, the firm's revenue per lawyer climbed 3 percent to $840,000, while profits per equity partner inched up 2.7 percent to $1.5 million. McDermott co-chair Jeffrey Stone said that 2011 was a particularly good year for IP, litigation, healthcare, energy and private client work. McDermott's corporate department also exceeded budget targets. "Last year was a very good one for the firm," said McDermott co-chair Peter Sacripanti. "We hit all our objectives and saw growth in all the major indices of law firm performance. We improved revenue, profit and productivity."
Peter John Sacripanti, Jeffrey E. Stone, Trial, White-Collar & Securities Defense
“McDermott Gains Foothold in Paris”
Global Arbitration Review, February 1, 2012
Jacob Grierson has joined McDermott’s Paris office as a partner, giving the Firm its first arbitration presence there. Mr. Grierson, an English barrister who has practiced in Paris for more than a decade and who is experienced in ICC arbitration proceedings, said he “made the move to be part of the exciting project of building a Paris office with a group of dynamic people who share the same vision as to how a law firm should operate,” adding that he considers McDermott to be “a first-rate litigation firm.”
“Firm Life”
Chicago Lawyer, February 1, 2012
Erin Arnold, Kevin Miller, Brett Johnson and Maureen O’Brien, Amol Parikh and Adam Sherman were cited as the six McDermott Chicago office lawyers among 29 recently named to the Firm’s partnership.
Erin Arnold, Brett R. Johnson, Kevin L. Miller, Maureen O'Brien, Amol Parikh, Adam Sherman, Airport & Aviation, Employee Benefits, Health, Intellectual Property, IP Litigation, Private Client, Trial
“Coventry Rips Sanctions Bid in OSF Hospital Merger Fight”
Law360, January 30, 2012
David Marx, William Schuman and Amy Carletti were noted as representing Rockford Health System in its proposed merger with OSF Healthcare System, a transaction now being contested by the Federal Trade Commission in federal court and in FTC administrative proceedings.
Amy J. Carletti, David Marx Jr., William P. Schuman PC, Antitrust & Competition, Trial
“Judge Rejects $13.6 Million Deduction for Trust Formed to Pay Tax Liability”
Bloomberg BNA Daily Tax Report, January 20, 2012
Bobby Burchfield, Elizabeth Erickson, Jean Pawlow, Justin Holmes and Kevin Spencer were noted as co-counsel in litigation over a corporation’s claimed interest expense deduction for a trust formed to make payments on a subsidiary’s contested tax liability.
Bobby R. Burchfield, Elizabeth Erickson, Justin M. Holmes, Jean A. Pawlow, Kevin Spencer, International Tax, Tax, Trial
“Wind Energy Dispute Heard in Beijing”
Global Arbitration Review, January 11, 2012
B. Ted Howes said it is not unusual for non-Chinese entities to agree to have a Beijing Arbitration Commission clause in Chinese contracts, even if they would prefer to use arbitral forums in Hong Kong or Singapore, because of concern about mainland Chinese courts reviewing an arbitral award.
B. Ted Howes, International Arbitration, Trial
“D.C. Dilemmas”
Modern Healthcare, January 9, 2012
Bobby Burchfield said he is inclined to think the Supreme Court will strike down the individual health insurance mandate of the health reform law. That mandate is based on the Constitution’s Commerce Clause, and Mr. Burchfield said that “if the Supreme Court were to uphold the individual mandate, it is very difficult to see how the Commerce Clause is limited at all.” However, Mr. Burchfield predicted that the rest of the law would stand because “it’s not forcing states to do anything – it’s giving states the choice of whether to participate …”
“Expect Whistleblower Suits, Patent Disputes in 2012”
Law360, January 1, 2012
Lazar Raynal predicted that new financial incentives to corporate whistleblowers under the Dodd-Frank Act will mean that allegations are “going to skyrocket” in the new year, particularly with encouragement from plaintiff lawyers. “People have shaken through the rules and attorneys are advertising,” Mr. Raynal said. “It’s something that will get a lot of traction in [2012].” He added that another source of litigation will be claims over hydraulic fracturing (fracking) to secure natural gas, which is getting “tremendous opposition from people who are concerned about the possibility of groundwater pollution.”
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
“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.
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.
“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.
“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.
“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
“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
“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.
“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
“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.
“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
“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.
“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.
“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
“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
“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.”
“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
“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.”
“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.”
“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
“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.
“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
“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
“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.”
“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.
“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
“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
“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
“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.”
“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.
“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
“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.
"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
“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
"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 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
“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
“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
“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
“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.”
“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
“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
“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.
“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
“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
“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
“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.”
“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 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
“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
“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
“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
“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.
“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.
“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.”
“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.
“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.
“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
“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
“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
“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
“Fla. Hospital not Immune from FCA Suit, Judge Rules”
Law360, June 7, 2011
Anthony Upshaw, T. Reed Stephens, David Crump and Amandeep Sidhu were noted as McDermott’s counsel in defense of a Daytona Beach, Florida medical center against Fair Claims Act allegations made by an employee.
David O. Crump, Amandeep S. Sidhu, T. Reed Stephens, Anthony N. Upshaw, Health, Trial
“McDermott Represents Greenberg’s Starr International in Suit Against E&Y for Lehman Losses”
AmLaw Litigation Daily, June 6, 2011
Banks Brown was noted as McDermott’s counsel for the Starr International investment firm led by former AIG chairman Hank Greenberg in a lawsuit against Ernst & Young over securities offered by the former Lehman Brothers. The article said that “the lawsuit appears to be the first time McDermott has represented Starr.”
“2011 Up and Coming Lawyers: Neal E. Minahan Jr.”
Massachusetts Lawyers Weekly, June 6, 2011
Neal Minahan was featured for his 2,400-plus hours of pro bono service in defense of prisoners’ rights. Since 2004 he has successfully handled a landmark religious protection case representing two Muslim prisoners, and another high-profile matter to secure medical care for a transgendered inmate diagnosed with gender identity disorder. “You can’t try cases or do this kind of work without putting in a lot of hours, and my firm is very good at putting its money where its mouth is,” Mr. Minahan said of his and McDermott’s pro bono commitment, adding that he has gotten “a lot of trial experience at a point in my career where I might otherwise not have had it.”
“Investment Firm Sues Ernst & Young Over Lehman Audits”
Law360, June 6, 2011
Banks Brown, John Calandra and Michael Huttenlocher were cited as McDermott lawyers representing Starr International, an investment firm managed by the former CEO of AIG, in a lawsuit against a Big Four audit firm that had audited Lehman Brothers before its 2008 bankruptcy filing. The suit involves securities issued by Lehman.
Banks Brown, John J. Calandra, Michael R. Huttenlocher, Trial
“Picking Up the Pieces After a Law Firm Collapses”
Chicago Lawyer, June 1, 2011
Michael Pope discussed his early career experience, before joining McDermott, at an Illinois law firm that failed. He said the firm, founded by Abraham Lincoln’s son Robert, had “classy older lawyers,” but “as the world became more business-oriented, the lawyer business became more business-oriented. They couldn’t keep up.”
“Lesbian, Gay, Bisexual, Transgender News Roundup”
Windy City Times, June 1, 2011
Neal Minahan was quoted regarding the Firm’s First Circuit pro bono ruling that a transgender incarcerated woman had a right to receive hormone medication while civilly committed, saying that “incarcerated, transgender individuals have as much right to medically necessary care as any other person in the State’s custody.”
“Twitter Reveals Secrets”
The Telegraph, May 28, 2011
McDermott successfully represented councilors and officials of Britain’s South Tyneside authority in what was called a “landmark case” and “unprecedented ruling” involving a libel-related complaint filed in Superior Court of California. The complaint secured a subpoena ordering Twitter to release contact information to help identify an anonymous poster of “false and defamatory statements” about the plaintiffs.
“Q&A with McDermott’s Banks Brown”
Law360, May 26, 2011
Banks Brown explained that, in preparing to try such major matters as the 10 years of litigation (including 26 class actions) over the aborted Gulf Oil tender offer for Cities Service, “I formulate the strongest issues for my client as early as I can, then hone in on those issues throughout the life of the case. That focus saves money and time and leads to better trials and/or settlements.” In practice Mr. Brown said this means “by the time we are 60 to 90 days out [from trial], our themes have been built and the applicable discovery has been streamlined and put into those themes.”
“Sex Abuse Statute of Limitations Amendments Challenge Insurers”
Claims Journal, May 26, 2011
Ryan Smethurst observed that for, insurers of religious organizations, clergy sex abuse claims “raise a host of issues not unlike complex insurance coverage litigation relating to, for example, environmental or asbestos litigation,” because of what a lapse of years does to evidence. In states that extend the statute of limitations for filing childhood abuse claims, he noted, “the cases can be very hard to defend because oftentimes the perpetrator of the abuse is deceased, other witnesses may also be deceased or aged, and .. often there isn’t much tangible evidence for the defendants to present to defeat the plaintiff’s claims.”
“1st Circuit: Inmate with Gender Identity Disorder Is Entitled to Treatment”
National Law Journal, May 24, 2011
McDermott’s pro bono representation of a Massachusetts inmate resulted in a unanimous First Circuit ruling that the state Department of Corrections unconstitutionally denied the inmate hormone treatment for gender identity disorder. “A more than six year delay in filling a prescription is inexcusable,” Neal Minahan said of the court ruling. “That violated our client’s constitutional right to medical care while civilly committed.”
“Supreme Court Decision Curbs Pension Plan Liability”
Business Insurance, May 23, 2011
Nancy Ross said that if courts could rewrite benefit plan terms – as lower courts in effect did by upholding provisions contained in a summary plan document but not in the plan itself, rulings overturned by the Supreme Court’s Cigna decision – it would have a “chilling effect” on the willingness of employers to offer such benefits.
Nancy G. Ross, Employee Benefits, Trial
“Q&A with McDermott’s Bobby Burchfield”
Law360, May 23, 2011
Bobby Burchfield called handling the Republican National Committee’s Supreme Court challenge to the McCain-Feingold law his “most challenging and interesting matter” because of its “difficult constitutional issues, the superior lawyering for all parties, the media attention and the political overlay.” In such complex disputes Mr. Burchfield said his “objective is to know more about a case than anyone else in the courtroom. But my most important responsibility is to stay focused on the key facts and issues without being overwhelmed by details.” After a major case is over, he stressed “staying in contact with former clients and their counsel, so that I and my firm remain ‘top of mind’ for future assignments.”
“Companies Dodge Benefits Bullet”
Human Resource Executive Online, May 19, 2011
Nancy Ross said that the U.S. Supreme Court’s decision in Cigna Corp. v. Amara – that employees could not sue to receive pension benefits described in a summary document but not in the plan itself – “changed the burden of proof from employer to employee” and could make it difficult for employees to claim class damages. Ms. Ross added that the decision, which reversed a district court ruling, “has given no guidance in how the District Court should go about determining whether a participant suffered actual harm.” She advised, however, that employers “have to be forthcoming” in telling employees about plan terms and changes.
Nancy G. Ross, Employee Benefits, Trial
“Q&A with McDermott’s Tony Upshaw”
Law360, May 17, 2011
Anthony Upshaw discussed his preparation for complex commercial litigation. He has tried more than 30 jury trials to verdict including major defense successes for tobacco industry clients. After deciding a case theme and theory that define how each witness will be approached/undermined, Mr. Upshaw said he seeks to “develop a consistent message throughout the trial [that] simplifies what are usually extremely complicated cases. With my client involved every step of the way, we create a case that jurors can understand, embrace and feel good about when they return a verdict in favor of my client.”
“Q&A with McDermott’s Lazar Raynal”
Law360, May 17, 2011
Lazar Raynal, head of the Firm’s Trial Practice Group, spoke about how his career as a litigator has been impacted by what he called “lifelong lessons regarding how much discipline and effort it takes to successfully try a jury case and the need to stay calm no matter how heavy the storm.” Mr. Raynal described how, after developing themes and strategies for each case, he presents them in a trial review to other McDermott partners who are not involved in the matter. “Walking my partners through the opening and key evidence of the case allows me to get fresh feedback from people who have not been mired in the detail of the case for years,” he said. “This fresh perspective is always valuable.”
“Legal Impact of Cigna Corp. v. Amara on Benefits Communication”
SHRM Online, May 16, 2011
Nancy Ross said that the U.S. Supreme Court’s expected ruling in the Cigna case would likely address the key issue of whether employees who sued because a company misstated benefit plan coverage in plan summary documents, “must first show, in addition to proving the mistake, that they relied on the misrepresentation to their detriment.” She explained that “some courts have required proof of reliance, while others have not,” and added that “because reliance is hard to prove … a requirement of reliance will make it much harder for employees and retirees to succeed in such benefits cases.”
Nancy G. Ross, Employee Benefits, Trial
“Law Firms Are Finally Seeing a Bump in Demand for Their Services, But It’s Coupled with Another New Demand: Change”
Washington Business Journal, May 13, 2011
Bobby Burchfield said that “it remains to be seen” whether pressure from clients on all law firms for reduced or alternative fees, “is a true paradigm shift or a temporary blink on the radar screen,” adding: “I suspect it will be more than a temporary blip.” Mr. Burchfield noted that about 15% of McDermott’s revenue involves non-traditional billing arrangements.
“Judge Snips DaVita Kickback Claims in FCA Suit”
Law360, May 11, 2011
Mark Pearlstein, co-counsel defending a major provider of dialysis services against False Claims Act charges of receiving kickbacks, noted that a federal judge’s rejection of a whistleblower’s allegations “is the second time that Judge Crone has dismissed claims that the relator has sought to pursue against DaVita,” adding that the company “is looking forward to being vindicated in court” on remaining claims. Peter Allport and J. Christian Nemeth were cited as other members of the McDermott defense team.
Peter B. Allport, J. Christian Nemeth, Mark W. Pearlstein, Trial, White-Collar & Securities Defense
“Q&A with McDermott’s Daniel Jocelyn”
Law360, May 9, 2011
Daniel Jocelyn, in this first-person interview, described his white collar criminal defense trial preparation as building and collaborating with a team, learning the details, thinking the case through, and focusing on the facts. “The key to proper trial preparation is to ‘think,’” he declared. “Think about what your strong points are. Think about what your adversary’s case is … Think about what the ‘theme’ of your case is. Too many attorneys get bogged down in minutia …” Mr. Jocelyn said the biggest practice lesson he has learned is, “Know the whole case. Facts, experts, everything. In trial, don’t be a silo – it is a collaborative, team effort.”
“Around the Horn”
AmLaw Daily, May 6, 2011
Richard Smith was added, as noted in this roundup of sports-related litigation, as local Washington, D.C. counsel to Washington Redskins owner Daniel Snyder in his D.C. Superior Court libel suit against the Washington City Paper.
“McDermott Wins Asylum for Ethiopian Political Prisoner”
American Lawyer, May 3, 2011
Ryan Smethurst discussed his successful pro bono asylum case for a member of an Ethiopian ethnic minority who was imprisoned and tortured for his political beliefs, then escaped to Kenya and lived there for two years before coming to the U.S. Mr. Smethurst demonstrated that this did not meet the “firm resettlement” argument used by immigration officials to oppose asylum, and summarized: “[T]his is a case about someone who was persecuted because he supported democracy and because of his ethnicity. And, in today’s international climate, it’s increasingly important for the major law firms in the United States to seek out and represent these kinds of clients who support our democratic values.”
“Legally Speaking: Bobby Burchfield”
Washingtonian, May 3, 2011
Bobby Burchfield was profiled concerning his experience managing legal issues related to election fundraising and advertising, including his work on the 2000 Bush-Gore recount. Mr. Burchfield observed of the Washington scene that “most organizations -- including this law firm -- try to be nonpartisan. We try to host events for candidates on both sides of the aisle.” He added his belief that, so long as legal requirements are observed, political fundraising is “a good thing for law firms to do, both because we are running into officeholders all the time and we have a government relations practice here. And it’s a good thing to do for democracy, because elections cost money.”
Bobby R. Burchfield, Government Strategies, Trial
“Vetting Controversial Clients: How AmLaw 200 Firms Do It”
American Lawyer, May 3, 2011
William Schuman, head of McDermott’s professional responsibility committee, said the Firm’s client intake process includes conflict checks and review of public information. “We, like most big firms, have become more cautious and want to be careful about not taking on bad risk,” he stated. Mr. Schuman added that such a process “doesn’t mean we don’t defend clients that need defense,” but rather that “the principle can have limits,” as in looking carefully at a matter that could “demoralize people at the firm.” Such matters are “red flagged” and reviewed by the firm’s leadership, he said.
“Q&A with McDermott’s Joel Chefitz”
Law360, April 13, 2011
Joel Chefitz, head of the Firm’s Securities Litigation group, was profiled in a Q&A article. Chefitz said his most challenging case was to settle the Chicago Bulls antitrust suit against the NBA, because of “the high stakes on both sides, the experience and dedication of the opposition, and the legal tightrope we had to walk.” He said he is proudest of a pro bono case in which a full and unanimous Seventh Circuit upheld religious displays in a public forum.
“McDermott Expands Private Client Practice with Addition of Preeminent Trust & Estate Lawyer Carlyn S. McCaffrey”
Trusts & Estates, April 7, 2011
Carlyn McCaffrey was welcomed to McDermott’s Private Client Group with estates and trusts partners Amy Heller and Elyse Kirschner, and lawyers Laura Hirschfeld, Christopher Parker, Shu-Ping Shen and Dena Wolf. Peter Sacripanti praised them as a “top-notch team” and an “exceptional group of lawyers.” Henry Christensen III, who will co-head the New York office’s Private Client Group with Ms. McCaffrey, called her “a friend and colleague” and added, “It will be a joy to have Caryn, Elyse and Amy as partners of McDermott.”
Henry Christensen III, Amy E. Heller, Elyse G. Kirschner, Carlyn S. McCaffrey, Peter John Sacripanti, Private Client, Trial
“A Winning Strategy for Beating IPO Class Actions”
Law360, April 4, 2011
Joel Chefitz and Andrew Kratenstein considered class action plaintiff lawsuits that allege companies have violated the Securities Act of 1934 by knowing or reckless false statements in securities filings. Many such suits have survived motions to dismiss and brought significant plaintiff settlements. However, in Briarwood Inv. Inc. v. Care Inv. Trust Inc., the defendants used a series of Rule 16 scheduling hearings and a bifurcated discovery process in what the authors call “a viable strategy to minimize expense at every turn.” In the end, the defendants prevailed and saved substantial legal fees that would have resulted from a full discovery, class certification and appeal process.
Joel G. Chefitz, Andrew B. Kratenstein, Trial
“Judge Rejects Stay of Cases Opted Out of 9/11 Settlement”
New York Law Journal, March 28, 2011
Margaret Warner, counsel to the insurance fund for World Trade Center first responders and cleanup worker claims from the 9/11 terrorist attack, reported to a federal court status conference that the fund has paid out $27.9 million since a 2010 settlement was finalized. In addition, 8,663 plaintiffs have been enrolled and accepted in a MetLife policy provided for by the settlement and another 1,093 have applied for the policy.
Margaret H. Warner, Mass & Toxic Torts, Trial
“On the Move”
Boston Business Journal, March 25-31, 2011
Melissa Nott Davis, Trial partner in the Firm’s Boston office, was recognized as new board of directors president for Hostelling International’s Eastern New England Council, which operates seven youth hostels in the region.
“Human Capital: People on the Move”
Boston Business Journal, March 22, 2011
Matthew Martel was noted for his appointment as chairman of the newly formed Boston board of the March of Dimes, Massachusetts Chapter.
“Delaware Court of Chancery: Sanders v. Ohmite Holding”
Delaware Law Weekly, March 16, 2011
Amy Doehring was noted as co-defense counsel in a Chancery Court’s grant of summary judgment that a plaintiff with a proper purpose was entitled to inspect the books and records of a limited liability company under the Delaware Limited Liability Company Act.
“Yoss Firm to Dissolve, Shut Doors by March 31”
Broward Daily Business Review, March 15, 2011
Anthony Upshaw commented on the dissolution of a once-prominent but troubled South Florida law firm that he left in 2010 to join McDermott as a partner. Mr. Upshaw called the firm’s closure “heartbreaking,” but added: “[G]iven the way momentum takes over when firms start to spiral down, I’m not surprised. Once the balance shifts to an extremely negative outlook or appearance, it’s very difficult to reverse the trend.”
“9/11 Plaintiffs Firm Is Ordered to Work with Conflicts Counsel”
New York Law Journal, March 15, 2011
“9/11 Plaintiffs’ Firm Must Work with Other Atty: Judge”
Law360, March 15, 2011
Margaret Warner and McDermott were noted for representing the WTC Captive Insurance Company established to pay claims related to the 9/11 World Trade Center attack, in stories about a controversy over whether a plaintiff law firm improperly removed litigants from the settlement of the over 10,000 World Trade Center worker litigation cases.
Margaret H. Warner, Mass & Toxic Torts, Trial
“1st Circuit Weighs Whether Inmate Should Be Treated for Gender Identity Disorder”
National Law Journal, March 7, 2011
Neal Minahan provided oral argument representation pro bono to a Massachusetts prison inmate before the First Circuit Court, in the state’s appeal of a district court’s ruling that the prison system had improperly denied the inmate treatment for gender identity disorder. Mr. Minahan said the Department of Corrections looked at the inmate’s condition in terms of “how do we not give this treatment” rather than “in terms of how do we do it.” He added that any security concern was “certainly not one that would warrant denial for a serious medical condition. The district court said the Department of Corrections had failed to exercise any judgment.”
Neal E. Minahan, Pro Bono & Community Service, Trial
“Latest Legal News: Professional Groups”
Massachusetts Lawyers Weekly, March 4, 2011
Melissa Nott Davis has been named president of the board of directors of Hostelling International’s Eastern New England Council. Ms. Davis, a trial partner in the Boston office, formerly was vice president of the Council board.
“Whistleblower Rules and Attorney-Client Privilege”
Compliance Week, March 1, 2011
Steven Scholes advised any company conducting its own investigation of whistleblower allegations made to the SEC, “Don’t expect a direct or implied request for a privilege waiver from the SEC enforcement staff. Generally, under the SEC’s current enforcement program, the SEC staff does not seek such waivers.” He added that in most such circumstances, “the SEC staff will (to conserve its own resources) defer its own investigation to an internal investigation being conducted by the company.” The SEC could conduct a parallel investigation, Mr. Scholes noted, but “the best way to avoid this situation is for a company to conduct a credible investigation.”
Steven S. Scholes, SEC Defense, Securities Litigation, Trial, White-Collar & Securities Defense
“Human Capital: People on the Move”
Boston Business Journal, February 25, 2011
Melissa Nott Davis was noted as new board of directors president for Hostelling International’s Eastern New England Council, a non-profit operator of youth hostels. Ms. Davis is a partner in McDermott Trial Practice Group, resident in the Boston office.
“Human Capital: People on the Move”
Boston Business Journal, February 17, 2011
“The Churn: Lateral Moves and Promotions in the AmLaw 100”
AmLaw Daily, February 18, 2011
Matthew Martel was mentioned for joining the Trial Practice Group of McDermott’s Boston office as a partner. Mr. Martel, formerly at another major firm, represents clients in litigation involving governance, shareholder and M&A disputes, as well as in government and self-regulatory organization investigation and enforcement.
Matthew A. Martel, Restructuring & Insolvency, Trial, White-Collar & Securities Defense
“Law360 Insurance Editorial Advisory Board”
Law360, February 2, 2011
Ryan Smethurst has been named to the board of leading insurance law professionals who will provide editorial guidance to Law360 during 2011. Mr. Smethurst, partner in the Washington office, counsels clients nationwide regarding insurance and reinsurance disputes, including high-profile mass torts.
Ryan S. Smethurst, Insurance, Trial
“Trustmark, Hancock Must Resume Arbitration: 7th Circ.”
Law360, January 31, 2001
John Kocoras was noted as representing John Hancock Life Insurance Co. in arbitration of an insurance dispute with Trustmark Insurance Co. The Seventh Circuit has ruled that the arbitration should proceed despite Trustmark’s objection to John Hancock’s choice of an arbiter, a ruling that overturns a district court’s halt to the proceeding.
John C. Kocoras, Trial, White-Collar & Securities Defense
“Appreciating the Legacy of Tony Marshall, the Messenger of ‘Reasonable Care’”
HospitalityNet, January 18, 2011
Banks Brown expressed admiration for the late Mr. Marshall, a leading figure in the hospitality industry, as “the most knowledgeable attorney in the hospitality arena,” who watched the industry “come to age in terms of skill, knowledge and sophistication.” Mr. Banks was the 2006 recipient of the American Hotel & Lodging Association’s Anthony G. Marshall Award for Pioneering and Continuous Contribution to Hospitality Law.
“Federal Trade Commission Wants ProMedica, St. Luke’s Deal on Hold”
Toledo Blade, January 14, 2011
David Marx, Jr., who represents a health system that seeks to acquire St. Luke’s hospital in Toledo, Ohio, said of the FTC’s effort to halt the purchase pending assessment of its impact on health care costs that “the government is not legally entitled to the temporary restraining order that they seek.” Adding that a grant of the order would leave no incentive for his client to make an agreed-upon investment in the hospital, Mr. Marx said such an outcome “will not only harm St. Luke’s, but it will harm the community St. Luke’s serves.”
David Marx Jr., Antitrust & Competition, Health - Antitrust, Trial
“6th Circ. Asked to Resurrect Ink Antitrust Claims”
Law360, January 13, 2011
M. Miller Baker and Stefan Meisner were noted as co-authors, with other counsel, of a brief on behalf of a client urging the Sixth Circuit Court to overturn a district court’s dismissal of antitrust counterclaims in a printer cartridge patent infringement suit. McDermott is one of four firms representing the appellant, which makes and distributes laser toner parts and supplies.
M. Miller Baker, Stefan M. Meisner, Antitrust & Competition, Antitrust - IP, Trial
“Legal Strategy Could Hinge on Mental Assessment”
New York Times, January 11, 2011
Rory Little, noting that both federal and state prosecutors could pursue cases against the person charged with shooting Congresswoman Giffords and others in Tucson, said that “initially there’ll be some confusion as to who’s going to go first, and how fast they are going to go.” Mr. Little envisioned “some pretty intensive discussions now between the federal government and the state side, and it wouldn’t surprise me to see the case divided up.”
“Plaintiffs Appeal Toss of Paper Price-Fixing Suit”
Law360, January 7, 2011
David Marx, speaking on the efforts of commercial paper direct purchasers to appeal the dismissal of their antitrust lawsuit against McDermott client Stora Enso, said that the company “is disappointed that the plaintiffs have chosen to appeal Judge Underhill’s thorough and well reasoned opinion,” rendered in Connecticut federal district court. He added that McDermott and Stora Enso “are confident that the Second Circuit will affirm [Judge Underhill’s] grant of summary judgment on appeal.”
David Marx Jr., Antitrust & Competition, Trial
“CalPERS Probe Hints at SEC’s New To-Do List”
Law360, January 7, 2011
Steven Scholes contended that an SEC investigation of whether California adequately disclosed the health of its pension plans to state bond investors means that, “for the first time in history, the SEC is taking a close, close look at municipal bond offerings, and issuers are in grave danger.” He added that “we may be on the cusp” of the SEC going after state and local officials who manage pension plans and make faulty disclosure statements.
Steven S. Scholes, SEC Defense, Trial, White-Collar & Securities Defense
“Business Litigation: A Look into 2011”
Compliance Week, January 4, 2011
Steven Scholes singled out two types of business litigation for more activity in 2011. The first is lawsuits against banks by institutional investors, where he expects that a “tremendous amount of activity … is really just now starting to work its way through the system.” The second is insider trading claims against analysts and consultants who research proprietary company data and sell it to investors without permission. Noting that this would extend the reach of securities laws, Mr. Scholes anticipates “a very interesting series of investigations and lawsuits as to how this all plays out.”
Steven S. Scholes, SEC Defense, Securities Litigation, Trial, White-Collar & Securities Defense
“Business Litigation: A Look into 2011”
Compliance Week, January 4, 2011
Eugene Goldman noted the U.S. Supreme Court’s 2010 Morrison v. National Australia Bank decision – which barred lawsuits in U.S. courts by foreign investors against foreign companies trading on foreign exchanges – and stated that “going forward, the scope of Morrison will be quite important” for U.S. litigation involving overseas securities frauds.
Eugene I. Goldman, Foreign Corrupt Practices Act (FCPA) and International Anticorruption, Trial
“Movers: Distinctions”
National Law Journal, January 3, 2011
Edward Leibensperger’s nomination by the governor of Massachusetts to be associate justice of the Massachusetts Superior Court was noted, as was Mr. Leibensperger’s wide-ranging civil litigation practice.
, Trial
“Securities Cases to Watch in 2011”
Law360, January 1, 2011
Eugene Goldman commented on the case of Erica P. John Fund v. Halliburton, a class action lawsuit regarding loss causation pending on certiorari before the U.S. Supreme Court. Noting that the Court must review the standards to be met in order to certify a class, Mr. Goldman observed that “of key interest is that the cases that have been granted cert focus on whether the litigation can proceed based on where things are at an early stage in litigation.”
Eugene I. Goldman, SEC Defense, Trial
“Securities Regulation to Watch in 2011”
Law360, January 1, 2011
Eugene Goldman observed that, although the Dodd-Frank financial regulation act greatly expands the roles of the SEC, CFTC and other financial regulators, Congress can still affect what the agencies do by cutting back on funding. “There’s a potential impact through the funding mechanism, if they [Congress] have a strong dislike for the results of SEC rulemaking,” he said.
Eugene I. Goldman, SEC Defense, Trial
2010
“Outsourcing Gaining Standing in Legal Profession”
Chicago Tribune, December 28, 2010
Jeffrey E. Stone discussed McDermott’s staff attorneys, who give clients a cost-effective alternative to handle document review and other discovery-related tasks. Noting that the Firm now has 50 such attorneys, Mr. Stone said that by using them to handle the document review task in-house rather than outsourcing it, McDermott can exercise greater control over the quality of work and while experiencing less turnover among the attorneys.
“On the Move – New Partner”
The Recorder, December 27, 2010
Jessica Thomas (Los Angeles office, complex litigation) was noted as a California lawyer named to McDermott’s partnership.
Jessica J. Thomas, IP Litigation, Trial
“McDermott Eliminates Antitrust Class Action for Paper Company”
AmLaw Litigation Daily, December 22, 2010
David Marx, of the McDermott team that secured federal court summary judgment on direct purchaser antitrust claims against global paper manufacturer Stora Enso, declared on behalf of his client that “we’re gratified by the [court’s] decision.” McDermott lawyers had won a full 2007 acquittal on criminal antitrust charges against the company, and moved for summary judgment because, after six years of litigation, the plaintiffs had managed to produce only circumstantial evidence of a pricing conspiracy. Mr. Marx said both decisions made it clear that it was a mistake from the beginning for the Justice Department to have brought the charges.
David Marx Jr., Antitrust & Competition, Trial
“Ned Leibensperger Nominated as Superior Court Judge”
Boston Bar Association, December 17, 2010
Edward (Ned) Leibensperger drew high praise from senior McDermott leaders, who commented on Mr. Leibensperger’s appointment as a Massachusetts Superior Court justice. “While we are losing a wonderful partner, this is a remarkable achievement for Ned,” declared Firm co-chair Jeffrey Stone, while co-chair Peter Sacripanti expressed the belief that Mr. Leibensperger will be “an exceptional addition to the Superior Court bench.” “Ned is an outstanding lawyer who has made substantial contributions to the success of the Boston office,” added office partner-in-charge Mark Perlstein.
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“Before and After”
Real Estate Bisnow, December 15, 2010
Jeffrey Stone noted that McDermott’s requirements for the Firm’s new Washington, D.C. office location (a redesign for which the architectural concept has been approved by the Commission of Fine Arts) have been incorporated into the building’s base design, with lease options to expand.
“Stora Enso Gets Paper Antitrust Action Tossed”
Law360, December 15, 2010
David Marx, Jr., as co-counsel for Finnish paper supplier Stora Enso Oyj, said that his client was “very pleased” with the action by the U.S. District Court for the District of Connecticut to throw out a class action price-fixing lawsuit against the company. Given that two cases remain against Stora Enso, Mr. Marx added that the court’s decision “puts this investigation and litigation one step closer to being finally concluded.”
David Marx Jr., Antitrust & Competition, Trial
“Big Law Partners to Testify About WikiLeaks”
Blog of Legal Times, December 15, 2010
“Ralph Nader a Witness for Judiciary Committee’s WikiLeaks Hearing”
The Hill, December 15, 2010
“DOJ Probe of WikiLeaks Finds a Skeptic in Congress”
Blog of Legal Times, December 16, 2010
Trial, White-Collar & Securities Defense
“Power Circuit”
Washingtonian.com, December 15, 2010
Matthew Leland (complex litigation and political law), Christina Ondrick (intellectual property litigation) and David Ransom (regulatory and government) have all been elected to McDermott’s partnership from the Firm’s Washington, D.C. office.
Matthew M. Leland, Christina A. Ondrick, David Ransom, Energy Advisory, Government Strategies, IP Litigation, Trial
“Movers”
The National Law Journal, January 3, 2011
“People on the Move”
Boston Business Journal, December 16, 2010
“Patrick Nominates Newton Resident for Judgeship”
Wicked Local-Bolton, December 18, 2010
“Patrick Announces 2 Judicial Nominations”
Massachusetts Lawyers Weekly, December 15, 2010
Edward Leibensperger has been appointed by Massachusetts Governor Deval Patrick to fill a retirement-created vacancy on the state’s Superior Court.
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“Firm Offers New Benefit to LGBT Employees”
Chicago Daily Law Bulletin, December 15, 2010
Jeffrey E. Stone declared that McDermott is compensating employees for the added federal tax on same-sex domestic partner health benefits because that tax “seemed unfair and inequitable to us.” Mr. Stone said that the Firm’s new policy demonstrates “that we want to be crystal clear that we treat all members of the McDermott family – lawyers and staff alike – on a fair and principled basis,” and added: “We didn’t have to do this but we thought it was the right thing to do… I think highly talented, highly motivated people want to be associated with institutions like that.”
“DC at Center of Large NY Case”
Legal Bisnow, December 13, 2010
Margaret Warner was profiled for her work as lead attorney for World Trade Center Captive Insurance Co. in the recent WTC claims settlement. The article noted that Ms. Warner and her team of core attorneys worked 80-hour weeks since the litigation began six years ago, and seven-day weeks every week for the past two years, adding that she is “no stranger to grueling cases … [that] are usually high-profile and involve tens or hundreds of millions …”
Margaret H. Warner, Insurance Disputes, Mass & Toxic Torts, Trial
“McDermott Plans to Compensate Employees Taxed on Domestic Partner Benefits”
ABA Journal, December 10, 2010
Peter Sacripanti said that McDermott’s provision of the health benefit tax “gross-up” payment “eliminates the tax inequity faced by employees with same-sex domestic partners and is a progressive step designed to provide equal pay for equal work by gay and lesbian employees.”
“Firms Roll Out Perks to Employees in Same-Sex Domestic Partnerships”
New York Law Journal, December 10, 2010
Peter Sacripanti called McDermott’s payment of the health benefit tax “gross-up” for employees in same sex domestic partnerships “the right thing to do,” adding “this is something we think is important.” Mr. Sacripanti said that Lisa Linsky, the Firm’s Diversity Chair, was instrumental in McDermott’s adoption of the benefit, and added that it will have an immediate positive impact: “It’s not symbolic to the employees who are going to be grossed up,” he noted. “It’s still money to them. And it’s doing what is the right thing to do in the circumstances.”
Lisa A. Linsky, Peter John Sacripanti, Trial
"Africa's Value is on the Rise"
CNN International, December 3, 2010
Obiamaka Madubuko, who advises U.S. companies on foreign investment activity, cited opportunities with countries like South Africa and Nigeria in calling Africa "an exciting business environment but a challenging one." The challenge comes from the risk of corruption present in any emerging market, and Ms. Madubuko urged companies "to go in with your eyes open, making sure that you have knowledgeable people on your staff who can advise you on corruption risks" that are illegal for American companies under the Foreign Corrupt Practices Act. She noted that she tells business clients, "You should have your own compliance plan ... to tell all your employees you have to abide by these rules." Click here to view the full segment.
Obiamaka P. Madubuko, Foreign Corrupt Practices Act (FCPA) and International Anticorruption, International, Trial, White-Collar & Securities Defense
“McDermott Hooks Veteran Trial Atty from Yoss”
Law360, December 1, 2010
“Upshaw Leaves Yoss to Join McDermott Will & Emery”
Daily Business Review, December 2, 2010
Anthony Upshaw cited “the opportunity to work with some extremely high-caliber lawyers, who are well known internationally,” as a major reason for his decision to join McDermott as a trial partner focusing on class action and mass tort defense. “It was an opportunity I couldn’t pass up,” he added. Mr. Upshaw will practice at the Firm’s Miami and Washington D.C. office locations, and will also play key roles in promoting diversity initiatives and mentoring young lawyers.
Anthony N. Upshaw, Class Action, Mass & Toxic Torts, Trial
“Over 95% of Plaintiffs Accept World Trade Center Settlement”
Economics Week, December 1, 2010
Margaret Warner said that the 95%-plus opt-in by plaintiffs in the 9/11 first responder/cleanup litigation settlement showed that they considered the settlement process “fair and transparent.” Ms. Warner observed of the settlement: “It was important that the compensation reflect the seriousness of the injuries claimed and the strength of the legal claim, while being transparent in all respects.”
Margaret H. Warner, Insurance Disputes, Mass & Toxic Torts, Trial
“The New Normal”
The American Lawyer, December 1, 2010
Jeffrey Stone, McDermott’s co-chair, assessed current conditions in the legal services market. He noted that alternative billing is increasingly attractive to clients because it adds value and price efficiency, but it requires law firms to have greater nimbleness in responding to business conditions. Mr. Stone sees corporate work growing overall because “it’s been at such a low ebb” and because “corporations will start deploying their assets and taking advantage of the low interest rates.” He added that another positive factor is that “the wave of bankruptcy may be passing. The monster-size restructurings of the recession are abating.”
“A Book Club Whose Best Stories Aren’t Written Down”
WBUR-FM Boston (WBUR.org), November 25, 2010
Peter Resnik updated Boston Public Radio on the book club he helped form two years ago for homeless individuals who spend their nights on Boston Common near the city’s business district. Mr. Resnick regularly participates in club meetings, and has helped one member find permanent residence. “It’s very easy, as I did for many years, walking through the Common and … dehumanizing what is obviously the pain that people are going through, and the isolation that people are going through, and not dealing with it,” Mr. Resnik observed. “[T]hrough the book club … you saw people as thinking, feeling human beings, nice people, people you could have as friends …”
Peter L. Resnik, Pro Bono & Community Service, Trial
“World Trade Center Settlement Gets Backing Needed to Take Effect”
New York Law Journal, November 22, 2010
Margaret Warner, as lead lawyer for the federally funded World Trade Center Captive Insurance Co. that insures New York City and contractors against 9/11 illness and injury claims, said that crafting a settlement that more than 95 percent of claimants agreed to was “especially challenging given the emotional significance of the work done by all, plaintiffs and defendants, in aid of our country in those difficult days and months.” Ms. Warner called the settlement negotiation process “intense for all,” but added that “the numbers of people opting in show that the settlement we developed and the process to obtain compensation have been judged fair and transparent by those plaintiffs.”
Margaret H. Warner, Insurance Disputes, Mass & Toxic Torts, Trial
“Ground Zero Workers Settle Suits Over Toxic WTC Dust”
FOX News Channel, “The FOX Report with Shephard Smith,” November 19, 2010
Margaret Warner, who represented the indemnity liability fund set up to cover illness claims from 9/11 first responders and cleanup workers, spoke to FOX national news about the agreement of more than 95 percent of those individuals to accept payment from the settlement fund. “There’s no admission of liability at all by the City or by any of the contractors,” Ms. Warner noted, “and equally there’s no need now for these people to have to go through the grueling process of proving the causation scientifically and medically associated with their claims.” Click here to view full segment.
Margaret H. Warner, Insurance Disputes, Mass & Toxic Torts, Trial
“Ground Zero Workers Drop Suits, Settle With City”
WNYW-TV, “FOX 5 News at 10,” November 19, 2010
Margaret Warner told FOX’s New York City affiliate about the difficult process of securing the agreement by World Trade Center first responders and cleanup workers to settle litigation against the city and its cleanup contractors. “We had heroes pitted against heroes in this very complex litigation,” Ms. Warner recalled, “the workers who came down and … handled the recovery against the city and contractors who answered the call and got New York up and running again.” Click here to view the full segment.
Margaret H. Warner, Insurance Disputes, Mass & Toxic Torts, Trial
“D.C. Lawyer Wraps Up 6-Year 9/11 Case”
Washington Business Journal, November 19, 2010
Margaret Warner summed up her work on the World Trade Center settlement by saying, “I've been practicing law for 30 years, and in the six years of engagement, I've had to call on everything I've ever learned as a lawyer, and had to bring that to bear to try to work with my client and the plaintiff's lawyers, the court, the special master, to come up with this solution.” She added, “We had to try to come up with a way to settle the case that would allow for a fair, and just, resolution for all involved. And we believed we achieved that.” Ms. Warner noted that she will now continue her practice as head of McDermott’s Controversies Business Unit.
Margaret H. Warner, Insurance Disputes, Mass & Toxic Torts, Trial
“In Resounding Endorsement of $700 Million Deal – and Vindication of Plaintiffs Lawyers Who Pushed It – More than 95 Percent of WTC First Responders Opt In to Settlement”
AmLaw Litigation Daily, November 19, 2010
Margaret Warner assessed the final settlement of 9/11 World Trade Center claims, calling it “an appropriate conclusion to one of the most complicated pieces of litigation.” She noted of the final claimant response, “We believe that this opt-in percentage is one of the highest, if not the highest ever, in mass tort litigation.”
Margaret H. Warner, Insurance Disputes, Mass & Toxic Torts, Trial
“9/11 Rescue Workers’ $713M Deal Clears Last Hurdle”
Law360, November 19, 2010
Margaret Warner pointed out that more than 98 percent of Tier Four plaintiffs (those claiming the most severe injuries from their World Trade Center exposure) agreed to the settlement of 9/11 claims, adding that such a high acceptance “is a sign that the settlement is a fair conclusion to a very complicated and emotional piece of litigation.”
Margaret H. Warner, Insurance Disputes, Mass & Toxic Torts, Trial
“Wham-O Hurls Constitutional Challenge to Patent Marking Statute”
The National Law Journal, November 16, 2010
M. Miller Baker commented on a constitutional challenge in the U.S. Court of Appeals for the Federal Circuit to a statute that allows whistleblowers to sue companies for falsely labeling their products as covered by patents, noting the implications will transcend patent law. Mr. Baker participated in the CIBA amicus brief and told The National Law Journal, “Patent law happens to be the venue in which this issue is being fought out…. If this statute is sustained, the implication is that Congress can outsource essentially all civil and criminal law enforcement to private bounty hunters."
M. Miller Baker, Appellate, Trial
“Election Lawyers Get Ready for the Day After”
Blog of Legal Times, November 1, 2010
Bobby Burchfield, assessing the mid-term 2010 elections, said, “It’s become somewhat too commonplace for elections to end up in recounts, so we can’t rule out the possibility of recount litigation” in close contests. He added that McDermott is “focused on gubernatorial and statewide Senate races” in representation related to the election.
Bobby R. Burchfield, Elections & Political Law, Trial
“Glencoe Resident Receives Human Rights Medallion”
The Glencoe News, October 29, 2010
Peter Sacripanti addressed Jeff Stone’s selection to receive the American Jewish Committee’s prestigious Human Rights Medallion, saying that Mr. Stone “is deeply committed to human rights and equal opportunity for all.” As McDermott co-chair with Mr. Stone, Mr. Sacripanti called his colleague “an influential and long-time advocate for civil rights and equal justice. His devotion to pro bono and community service has helped to shape the core values of our law firm.”
Peter John Sacripanti, Jeffrey E. Stone, Trial, White-Collar & Securities Defense
"American Jewish Committee Honors McDermott Co-Chairman"
Chicago Daily Law Bulletin, October 27, 2010
Jeffrey Stone, honored by the American Jewish Committee (AJC) with its Human Rights Medallion for his pro bono leadership and contributions, asserted that the award "is more about the AJC than me" because of the organization's support for "values of tolerance, acceptance, protection of minority interests. It means a lot to me to be associated with those kinds of values." He added that the AJC believes "a society that protects its weakest members is a stronger, healthier, more vibrant society." Peter Sacripanti praised Mr. Stone's pro bono work, saying: "He leads by example. He's quite serious about our obligation as a profession to give back to our communities in a variety of ways."
Peter John Sacripanti, Jeffrey E. Stone, Trial, White-Collar & Securities Defense
“Settlement Reached in Essay-Mill Lawsuit”
Chronicle of Higher Education, October 25, 2010
Eric Conn, who represented students in a class action lawsuit against a company that sold their term papers on the Internet without permission, praised a settlement ending this activity. “Our entire purpose was to stop the conduct,” Mr. Conn said. “Since Internet resources are so readily available, we think this ruling is a positive step to enhance academic integrity.”
, Labor & Employment, OSHA, MSHA & Catastrophe Response, Trial
"Government e-Discovery Tactics Broadened"
Compliance Week, October 19, 2010
Geoffrey Vance was quoted in an article about the Ninth Circuit’s reversal of its 2009 so called BALCO decision, which contained tight restrictions on government electronic information discovery in criminal cases. Mr. Vance said the practical effect of the reversal would likely make it easier for government investigators to get warrants and subpoenas, adding that because the Obama Administration sought the reversal on appeal, a rehearing of the matter is unlikely: “When you take something that was law and make it mere guidance, it makes it less likely that the Supreme Court will review the newer BALCO decision.”
Geoffrey A. Vance, Electronic Data Management, Privacy & Discovery, Trial
"McDermott Will Signs Up For New Digs"
The National Law Journal, October 18, 2010
Bobby Burchfield was quoted concerning McDermott’s letter of intent to move its Washington, D.C. office to a new location in what the publication called “one of the largest private sector real estate deals of 2010.” Mr. Burchfield, co-managing partner of the office, said the Firm was attracted to the idea of “being able to brand the building as ‘The McDermott Building.’”
"Q&A With McDermott's Christopher Murphy"
Law360, October 14, 2010
Christopher Murphy was featured in a Q&A interview regarding class action defense practice. He stated that in his own practice he was proud of his working relationships with plaintiffs' counsel: "Whether engaged in settlement negotiations which require the parties to work together to achieve a common goal, or aggressively advocating for the client's position, one can remain professional and cordial." Mr. Murphy expressed his belief that "there needs to be a greater review of class certification rulings by appellate courts in both the federal and state court systems," particularly on review of decisions certifying classes, and predicted that "the next wave of cases will be class actions asserting state common law causes of action in the types of cases which were traditionally brought under the federal laws," such as those involving antitrust and environmental claims.
Christopher M. Murphy, Class Action, Trial
“McDermott Will & Emery moving to building near U.S. Capitol”
The Washington Post, October 11, 2010
Bobby Burchfield was quoted concerning the November 2012 move of McDermott’s D.C. office to a newly renovated building near the U.S. Capitol. Mr. Burchfield called the new office “a very ‘Washington’ location for a law firm. It’s within walking distance of the Supreme Court, the federal courthouse, the tax court, the SEC. It’s very convenient for many of the practices we have.” The facility will be redesigned for the latest requirements of technology and practice economics, and Mr. Burchfield said it would allow the Firm’s D.C. presence, with 400-plus lawyers and staff, to “grow nicely and aggressively” over the next decade. The story was also carried by Blog of Legal Times, Washington Bisnow and Washington Business Journal.
“The People’s Republic of China Now Conducts More Arbitrations Than Any Other Country”
China Business Law Journal, October 2010
Ted Howes stated that, in the PRC, “the major cause of arbitration hearings is joint venture disputes between foreign and Chinese parties.” Mr. Howes added that in his own practice he has seen such disputes involve breach of import and export contracts, private equity funds, manufacturing, hotel management and accounting firm malpractice.
B. Ted Howes, International Arbitration, Trial
“Big Suits”
The American Lawyer, September 2010
Margaret Warner was cited and pictured in American Lawyer’s “Big Suits” column concerning her work In re WTC Disaster Site Litigation. Judge Alvin Hellerstein approved a renegotiated settlement of lawsuits filed by plaintiffs who suffered respiratory and other illnesses following the 9/11 World Trade Center terrorist attacks. Ms. Warner, Mark Collins, Ryan Smethurst and Andrew Genz represented defendant, The WTC Captive Insurance Company, Inc.
Mark A. Collins, Andrew J. Genz, Ryan S. Smethurst, Margaret H. Warner, Insurance Disputes, Trial
"Take Five: Preparing Boards for the UK Bribery Act"
Corporate Board Member, September 30, 2010
John Kocoras was interviewed about the UK's new Bribery Act. Under the Act, he said, "companies operating in the UK may be held liable in the UK for bribes paid by employees or agents outside the UK unless the company had in place 'adequate' procedures to prevent bribery." Mr. Kocoras advised chief compliance officers to communicate with their boards about whether company anti-corruption practices conform to the Act. "Conformance will likely involve moderate adjustments to existing anti-corruption policies and procedures designed to comply with the U.S.'s Foreign Corrupt Practices Act," he stated, adding that boards will be challenged to ask, "[I]s the message getting across not only to senior leadership but to the sales staff out in the field in all corners of the world, and is middle management reinforcing the anti-corruption message?"
John C. Kocoras, Trial, White-Collar & Securities Defense
“5 Legal Malpractice Case To Watch”
Law360, September 24, 2010
William Schuman spoke on the general issue of legal malpractice lawsuits. Such cases, which can arise when law firm clients accused of not paying their bill respond with an allegation of malpractice, often become “a battle of experts” regarding such issues as standards of care, actual harm and damages, Mr. Schuman said. He added that plaintiffs frequently accuse firms of conflict of interest, a claim Mr. Schuman said gets the jury’s attention even if it is made to bolster an otherwise weak case.
William P. Schuman PC, Professional Responsibility, Trial
Amandeep Sidhu was quoted by the AFP news service on September 24 (in a dispatch carried on Google News and other sources) regarding McDermott’s latest successful pro bono representation enabling a Sikh U.S. Army enlistee to maintain his religiously mandated turban and beard. “I think the Army, and Defense Department more broadly, took nine months to take this decision because it was a big decision,” said Mr. Sidhu. He added the hope that eventually the Army would “go that one step further and amend the uniform regulation in a way that would allow Sikhs to serve without having to automatically go through the extraordinary hoops” of litigation.
Amandeep S. Sidhu, Pro Bono & Community Service, Trial
“Firms’ Rankings Are Released, Without Calamity”
New York Times, September 17, 2010
Jeffrey Stone was quoted concerning U.S. News & World Report’s new rankings of American law firms. Citing Mr. Stone’s interview with The New York Law Journal about the rankings, the article presented his opinion, “I don’t think this additional ranking, in and of itself, is a game changer,” and his additional comment that clients consider a variety of factors when choosing a firm.
Jeffrey E. Stone, Trial, White-Collar & Securities Defense
“New System of Ranking Law Firms Draws Mixed Reviews”
Law.com, September 15, 2010
Jeffrey Stone commented (in a story also carried by Yahoo! Finance and the ABA Journal) regarding a new practice area ranking of nearly 8,800 law firms by U.S. News and World Report. “I don’t think this additional ranking, in and of itself, will be a game changer,” Mr. Stone, the Firm’s co-chair, said. “When clients are selecting attorneys, there is no single source of information that is dispositive. They look at rankings, client experience and word of mouth, among other things.” Mr. Stone added that the rankings (in which McDermott has seven Tier 1 practices nationally) are an incremental improvement over the information clients have had available to them.
Jeffrey E. Stone, Trial, White-Collar & Securities Defense
Amandeep Sidhu was quoted by the Blog of Legal Times on September 2 regarding his leadership of a McDermott pro bono team in its latest success at securing Pentagon approval for Sikhs to maintain their religiously mandated beards and turbans while serving in the U.S. Army. After winning one-time exemptions for two officers last year, Mr. Sidhu’s team recently secured the same right for an enlisted soldier. “This is historic, absolutely, in terms of what this means for Sikhs,” Mr. Sidhu stated. “The officer accommodation was clearly a big step in the right direction. The accommodation of an enlisted soldier is an even bigger step and brings us one step closer to the average Sikh being able to serve his country.” The story also received mention in The Wall Street Journal (September 2).
Amandeep S. Sidhu, Pro Bono & Community Service, Trial
Steven Scholes was quoted August 18 by Bloomberg News on the state of New Jersey’s settlement of claims by the Securities and Exchange Commission that the state misled municipal bond investors by failing to disclose that its two biggest pension plans were underfunded. Regarding the possibility of additional SEC action against other states, Mr. Scholes said that “the only thing we can conclude here is that there is certainly more to come. The market is mammoth. It has been growing over time and has never really been subject to any sort of significant, comprehensive SEC scrutiny in the past as it is undergoing today.” Mr. Scholes added, "The SEC may seek to use fraud cases to encourage public officials to improve the quality of the information they provide. The SEC can drive more robust disclosures through this type of enforcement which is sure to make the municipal bond market sit up and take notice."
Steven S. Scholes, SEC Defense, Trial
Eugene Goldman was quoted by BNA Securities Regulation & Law Report (August 2) concerning what the SEC must do to implement the provisions of the Dodd-Frank financial reform act. The SEC is already seeking public input to harmonize the act’s fiduciary duty standards for brokers and investment advisers, and Mr. Goldman expects “robust comments from those who are concerned about a ‘one-size-fits-all’ universal fiduciary standard.” He also cited the agency’s efforts to invite pre-rulemaking comment on derivatives trading regulations, saying that “we are consulting clients about taking advantage of these opportunities” in the process. However, Mr. Goldman still sees potential problems in derivatives rulemaking because the regulatory jurisdictions of the SEC and the Commodities Futures Trading Commission “are not precise because of the similarities in products.”
Eugene I. Goldman, Corporate Responsibility and Governance, SEC Defense, Trial
Jeffrey Webb spoke to the Boston Business Journal on July 30 about the surprising lack of lawsuits against employers by employees who were terminated during the recession. “I would have anticipated an increase in litigation, but there was no spike,” Mr. Webb stated. “Most of the companies engaged in downsizing had worked closely with in-house lawyers and outside counsel to put severance plans in place.” He added that many companies are opting to settle with employees, estimating that only about five percent of employee lawsuits are actually going to trial.
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Michael Kendall, head of McDermott's White-Collar & Securities Defense Practice Group, was profiled extensively in a recent article published by Law360 (July 27). The profile is extremely substantive and demonstrates Mr. Kendall's experience and knowledge of trends in his field. For example, Mr. Kendall discussed various topics including the most challenging cases he has worked on throughout his career and what aspects of white-collar law need reform. Mr. Kendall predicted for Law360 that the next wave of cases will be generated by global white-collar enforcement and whistleblower cases. Mr. Kendall concluded the Q&A with three pieces of advice for young lawyers interested in white-collar law. Click here to view the full article.
Michael Kendall, Trial, White-Collar & Securities Defense
Michael Kendall was quoted in a July 16 Law360 discussion of ways that defense attorneys can protect business clients from punitive damage awards. He noted that an effective strategy is to demonstrate to the court that the conduct for which damages are sought is not typical of how the client does business. “If you are a good corporate citizen, there are ways to prove that,” Mr. Kendall stated. “The company has won awards, taken on certain activities that benefit the community, made difficult decisions in a product recall. … Has the company done good things even though it cost it money and effort?” An affirmative answer can help mitigate damage claims.
Michael Kendall, Trial, White-Collar & Securities Defense
Bruce Berman was quoted in Jet Blue’s Happy Jetting (July 2010) concerning his eight years on the board, and two years as president, of Feeding South Florida. “I have had greater satisfaction from volunteering for this organization than for almost any comparable activity in my lifetime,” Mr. Berman said of the food bank with multiple Miami-area locations. “There is no more fundamental cause than feeding the hungry in our community, from children to seniors, and no organization better able to convert donated dollars to food than Feeding South Florida with its ability to turn more than 98 cents of every contributed dollar directly to food.”
, Pro Bono & Community Service, Trial
Margaret Warner was cited in a June 24 New York Law Journal story on federal judge Alvin Hellerstein’s hearing that approved a renegotiated settlement of lawsuits filed by plaintiffs who suffered respiratory and other illnesses following the 9/11 World Trade Center terrorist attacks. Judge Hellerstein praised Ms. Warner, who represented the captive insurance fund for the settlement, saying that her “indefatigable energy and intelligence really drove the settlement.” Ms. Warner explained that 50 percent of the 10,000 plaintiffs in the litigation had the most serious health problems and are expected to receive 94 percent of the cash in the settlement, which could be up to $716 million depending on the number of opt-ins and future claims.
Margaret H. Warner, Insurance Disputes, Trial
Lisa Linsky discussed for Curve Magazine (June 23) the implications of the New York State Senate’s rejection of a gay marriage equality bill. “We are left with no marriage rights in New York State and only a patchwork of policies on marriage recognition subject to the discretion of individual state agencies,” Ms. Linsky said. She also noted that, in a 2009 case, the state Court of Appeals “refused to establish a broad legal rule for same-sex couples that reflects the State’s long-standing recognition of out-of-state marriages for opposite-sex couples. They had the chance. They didn’t do it.” Ms. Linsky urged gay New York married couples with out-of-state marriage licenses to pursue such protective legal steps as establishing joint tenancy with a right of survivorship for home ownership.
Margaret Warner was quoted by the New York Law Journal on June 11 in a story that discussed a federal judge's approval of a renegotiated settlement of lawsuits filed by plaintiffs who suffered respiratory and other illnesses following the 9/11 World Trade Center terrorist attacks. Ms. Warner, who represents the third-party insurance fund established to indemnify New York City and contractors, said that after the judge's rejection of an earlier settlement, "My client gave me the clear, albeit challenging, instruction: find a way to hold this settlement together." She noted that those challenges included the fund's requirement to maintain a 25-year shelf life, and the varying individual exposure and illness levels at the Ground Zero site. AmLaw Daily also included mention of Ms. Warner in its June 10 report on the settlement approval.
Margaret H. Warner, Insurance Disputes, Trial
Jeffrey Webb was profiled in CityBizList Boston (June 8) for his election as a Fellow of The College of Labor and Employment Lawyers. The honor is by peer nomination and selection only and recognizes sustained, outstanding performance in the field of labor and employment law. Installation of new Fellows will take place November 6 in Chicago. Mr. Webb has a wide-ranging practice representing financial services, health care, technology and other employers in litigation, arbitrations, labor negotiations and a variety of other workplace concerns.
Jeffrey Stone was quoted extensively in a June 2 Law360 story about how more law firms are moving toward a dual leadership structure. Mr. Stone, who co-chairs McDermott with Peter Sacripanti, said that the two men find the arrangement “to be incredibly valuable for the firm. If there were just one of us, the business of managing day-to-day operations at the firm would make it very difficult for us to do that.” Mr. Stone noted that “a ‘single chair’ model makes it difficult for the leader to have a practice, and it’s important for leaders to have direct contact with the legal market, or they get stale,” and added that a dual leadership arrangement can benefit clients in the current challenging environment. “Tough economies force you to think very intently on the creation of value and how you are serving your client,” he stated.
Peter John Sacripanti, Jeffrey E. Stone, Trial
B. Ted Howes was recognized as the new head of McDermott’s International Arbitration Group in the May 2010 issue of Mealey’s International Arbitration Report and in Legalweek.com for May 26. Both stories noted that during the past 20 years Mr. Howes has conducted international arbitrations in the United States, Europe and Asia, and has also served as an arbitrator in international disputes. He most recently was head of the Firm’s Chinese litigation and dispute resolution practice, and stated that his emphasis would be on “working as a team to creatively and efficiently resolve the often complicated issues that arise in international disputes.”
B. Ted Howes, International Arbitration, Trial
B. Ted Howes was profiled by Global Arbitration Review on May 26, for his appointment as new head of McDermott's international arbitration practice. Mr. Howes has 20 years of international arbitration and commercial litigation experience, having represented U.S. and foreign companies in AAA, ICC and other arbitration cases in the U.S., France, England, Switzerland and Hong Kong. "Our emphasis is, and always has been, on working as a team to creatively and efficiently resolve the often complicated issues that arise in international disputes," he said of the Firm's international arbitration team. "I hope to build on that track record." The appointment of Mr. Howes was also noted by New York Lawyer on May 25. Click here to read the full Global Arbitration Review article.
B. Ted Howes, International Arbitration, Trial
Melissa Nott Davis was cited in a May 10 Boston Globe story about the Medical-Legal Partnership Boston an innovative program at Boston Medical Center and its affiliated community health centers providing legal services for low income patients in an effort to address health disparities. MLP Boston also partners with a some of the largest law firms in Boston, including McDermott, for pro bono assistance. Ms. Davis, co-chair of the Firm’s Boston office Pro Bono and Community Service committee, stated that the lawyers who participate in the partnership get useful experience in client care, case management and health care law. “It allows folks at a younger place in their career to really take the lead on different matters,” she said, adding that McDermott lawyers, staff and summer associates have devoted more than 1,400 hours to the partnership in the last five years.
Melissa Nott Davis, Pro Bono & Community Service, Trial
Lisa Linsky, partner in charge of Firm-wide diversity at McDermott, told Law.com (May 6) that even though law firms have been downsizing their employment in response to economic pressures, corporate clients will still expect firms to maintain a diverse lawyer population. “These are the times that clients look to law firms and ask about the true measure of the firm’s commitment to diversity,” she stated.
Nancy Ross was quoted on May 5 by Human Resource Executive Online concerning the U.S. Supreme Court’s April 21 Conkright decision, which affirmed that a court must give deference to an ERISA fiduciary’s second interpretation of ambiguous benefit plan language, even if the court had struck down as unreasonable the fiduciary’s first interpretation. Calling the decision "a step in the right direction" that supports ERISA’s "guiding principles," Ms. Ross warned that "plan administrators are still going to be under scrutiny….There will still be questions, so plan administrators must cross the Ts and dot the Is when making decisions." She added, "All [Conkright] does is focus on the balance that Congress sought to achieve in enacting ERISA. The court is saying you can design [a plan], but you have to live with it and follow it. And if you make a mistake, you can fix it."
Nancy G. Ross, Employee Benefits Litigation, Trial
Nancy Ross spoke to the Chicago Daily Law Bulletin on May 4 about McDermott’s Chicago office efforts for the United Way as its flagship charity, which earned the Firm United Way’s Great Beginnings Award. During 2009, 140 Chicago lawyers and staff participated in such United Way Days of Caring events as distributing food to poor families, serving breakfast to the homeless and reading to children in day care centers. "We don’t get opportunities…on a daily basis to work hand-in-hand with large groups of people who are less fortunate," Ms. Ross said of such efforts. She participated in the breakfast for the homeless, calling it "an exceptional experience to recognize them as the human beings they are and give back to them some of our good fortune." Prashant Kolluri (who organized and participated in the Days of Caring events) added, "Being able to help people on a daily basis is a rewarding experience."
Prashant Kolluri, Nancy G. Ross, Pro Bono & Community Service, Trial
Michael Nadel reviewed preserving attorney-client privilege for Law360 (May 26). He noted that many lawyers "completely misunderstand privilege law and are therefore unable to use this powerful tool to their clients' advantage," often because inexperienced lawyers try to extend privilege to conversations not involving legal advice. Mr. Nadel said "it is important for more experienced lawyers to be involved" in privilege decisions and recommended that firms train at least one partner and associate in the issues. "Even if these people aren't on your case's team," he stated, "you need to have someone in the office you can go to for help with privilege issues." That is especially true in aggressive attacks on opposing counsel's privilege assertions. "Those in glass houses can't throw stones," Mr. Nadel warned. "If you haven't done your job properly, all that will happen when you go after your opponents' [privilege] log is that they'll go after yours."
Melissa Nott Davis was profiled as an Up & Coming Lawyer in the April 19 issue of Massachusetts Lawyers Weekly. The article describes how Ms. Davis is both an effective commercial litigator and a vigorous advocate for children in pro bono matters. Although she is highly competitive as a litigator, she also seeks to resolve cases without resort to trial. “I love helping think about what a client is looking for in terms of a business result and how to get there,” Ms Davis said. “A settlement can be an incredible win.” By being both a litigator and a child advocate, she added, “I’m able to indulge both passions” in her professional life.
Melissa Nott Davis, Pro Bono & Community Service, Trial
Margaret Warner was mentioned in an April 9 New York Law Journal story about efforts to reframe a settlement for respiratory illness claims of police, firefighters and cleanup workers at the World Trade Center (WTC) after the 9/11 terrorist attacks. The settlement was rejected by a federal judge, who in part contended that it did not pay enough to current claimants. The story noted that many WTC contractors feel the settlement sets the right balance between paying current claims and handling future liabilities, and added that Ms. Warner, who represents New York City’s indemnity liability fund, had hailed that balance when the settlement was first announced.
Margaret H. Warner, Insurance Disputes, Mass & Toxic Torts, Trial
Margaret Warner was cited in a March 25 Law.com story about a federal judge’s rejection of a settlement for respiratory illness claims of police, firefighters and cleanup workers at the World Trade Center after the 9/11 terrorist attacks. Among other points, the judge said that the third-party insurance fund established to indemnify New York City and contractors should pay the plaintiffs’ attorneys’ fees in addition to the city’s legal fees. However, Ms. Warner, who represented the fund, said that the lion’s share of the city’s legal fees to date have come, not from the fund, but instead have been recovered from lawsuits that the fund filed against companies that sold the city insurance in the wake of 9/11.
Margaret H. Warner, Insurance Disputes, Mass & Toxic Torts, Trial
Cecilia Showalter used her experience in McDermott’s Legal Crisis Strategies Group to tell Legal Bisnow (March 22) the best way to approach an apology in a crisis situation. Ms. Showalter advised that a good apology starts with a timely response, directly acknowledges what the egregious behavior was, and takes visible steps to correct the offense. The idea, she said, is to come out of the crisis doing better than before.
Cecilia R. Showalter, Government Strategies, Legal Crises Strategies, Trial
Karla Palmer was quoted in Compliance Week (March 16) about the U.S. Supreme Court's ruling in Hertz Corp. v. Friend that lawsuits against companies should be heard in the states where the companies have their "nerve center." Ms. Palmer noted that the ruling may cause some confusion by saying that such a nerve center "typically" would be found at the corporation's headquarters. "This is where...corporations will seek to continue to manipulate where their 'nerve center' is," Ms. Palmer said. "The use of the word 'typically' may cause lawyers and their corporate clients to look for creative ways to alter where their principal place of business is, based on a dispersal of their nerve center, through several states." She added that prior to Hertz, "corporations could play a bit fast and loose" in defining their central location, so it is now "critical" that they think through the litigation implications of the decision.
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Margaret Warner was quoted in a March 15 Law.com story about the settlement reached in the respiratory illness claims of police, firefighters and cleanup workers at the World Trade Center after the 9/11 terrorist attacks. Ms. Warner, who was lead attorney for the entity created to help New York City and contractors manage liability claims, called the case “the largest, certainly the most emotionally wrenching, most medically and scientifically novel and legally complex mass tort litigation in the country.” Ms. Warner, who had brought a lawsuit to impress upon insurers their obligation to pay the city’s defense expenses, added that the settlement was fair to those people who “picked up the pieces to allow this city to move beyond ground zero.”
Margaret H. Warner, Insurance Disputes, Mass & Toxic Torts, Trial
Edward Leibensperger is mentioned in a March 9 story by Children’s Rights concerning the lack of progress in a comprehensive Michigan child welfare reform effort required by a federal court order. The order came as the result of Dwayne B. v. Granholm, a 2006 child welfare reform class action lawsuit filed by Mr. Leibensperger on behalf of Children’s Rights.
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Steven Scholes is mentioned in a March 6 Wall Street Journal profile of Thomas Quinn, who according to the story has been involved in securities fraud for more than five decades. Mr. Scholes recalled that, when he was deposing Quinn while serving as a receiver for the SEC in a 1996 Quinn-related case, a plane flew by towing an advertising banner that read, “Leave Tommy Alone.” Mr. Scholes said he couldn’t help but laugh as Quinn read the message out loud.
Steven S. Scholes, SEC Defense, Securities Litigation, Trial
Stephen Ryan is noted by Law.com in its March 5 summary of an important decision by the Third Circuit Court of Appeals. Mr. Ryan had appeared before the court representing the Free File Alliance (FFA), a group of leading nationwide tax preparers. In its decision on class action litigation brought against the FFA, the Third Circuit ruled that the fees charged by FFA members for electronic filing of federal tax returns are not illegal, and the FFA’s agreement with the Internal Revenue Service to charge those fees does not violate antitrust laws.
Stephen M. Ryan, Government Strategies, Trial
Eric Conn was quoted on the Top Colleges Blog (February 24) regarding an Illinois federal judge’s order that an Internet-based company stop selling college term papers unless it can prove that it has permission from the authors to sell them. The ruling represents the first time a court has penalized a term paper seller for the way it acquired the papers, and Mr. Conn, who represented a number of authors, declared, “We’d like to stop this practice or get as close to stopping [it] as we can.”
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David Marx was quoted in a February 19 Law360 story concerning a New York federal judge’s rejection of class certification for a group of nurses whose lawsuit alleges that a group of hospitals in upstate New York violated antitrust laws by conspiring to keep the nurses’ wages low. “We are happy that the judge reaffirmed his previous ruling that even a narrower class could not be certified as to the issues of injury-in-fact and damages,” declared Mr. Marx, who represents an Albany medical center that is one of the defendant in the suit. He added that Judge McAvoy’s ruling was particularly satisfying because it “rejected the plaintiffs’ belated attempt to seek certification of a different class, both because it was procedurally improper and factually unjustified.”
David Marx Jr., Health - Antitrust, Trial
David Marx was quoted by Law360 on February 18 concerning a Chicago federal court’s decision granting summary judgment in favor of Mr. Marx’s hospital client in an antitrust suit brought by developer and operator of medical centers. The suit had contended that the hospital had lobbied local officials in Lake Bluff, IL to reject a building permit for a new medical center. “This case reaffirms the principle that a land or zoning dispute, which frequently pits one competitor against another – like this case did – doesn’t necessarily constitute an antitrust case,” Mr. Marx said. He added that the case “helps illustrate the difference between legislative conduct and adjudicative conduct.”
David Marx Jr., Health - Antitrust, Trial
Bobby Burchfield discussed for The Hill’s Pundits Blog (February 8) the U.S. Supreme Court’s Citizens United decision, which overturned a portions of the McCain-Feingold law banning corporate advocacy ads before federal elections. Citing “the self-evident point that the First Amendment does not distinguish among speakers,” Mr. Burchfield supported the view that corporate advocacy is a legitimate form of political commentary. “[I]t makes no sense for Fox Broadcasting, the Washington Post Company, or other major media to have the right to editorialize, endorse or attack candidates on Election Eve, while the National Rifle Association, NARAL or even Exxon cannot,” he stated.
Gordon Greenberg was noted in a February 8 story on Law.com concerning the SEC’s voluntary dropping of securities fraud allegations tied to stock options backdating against four former executives of Broadcom Corp. Mr. Greenberg represented one of the company’s co-founders in the case.
Gordon A. Greenberg, Trial, White-Collar & Securities Defense
Edward Leibensperger was mentioned in a February 7 post on the “Protecting our children from being sold” blog (citing a news release from the organization Children’s Rights), concerning a Michigan federal court’s approval of a settlement agreement requiring comprehensive reform and federal court oversight of Michigan’s child welfare system. Mr. Leibensperger was co-counsel in the Dwayne B. v. Granholm lawsuit (filed in 2006 in conjunction with Children’s Rights) that led to the settlement.
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Eric Conn was quoted by USA Today on February 1 concerning a federal court ruling that ordered the owner of an Internet-based company to stop selling term papers unless he can prove he has permission from the papers’ authors. Mr. Conn represents a number of authors in the case and is seeking compensation for them. “We'd like to stop this practice, or get as close to stopping [it] as we can,” he stated.
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Michael Kendall was recognized by Law360 in a January 26 story about the 2010 BTI Client Service All-Stars, a list of 165 lawyers cited by corporate clients for superior client service in a poll conducted by BTI Consulting Group, Inc. Mr. Kendall was one of just four securities lawyers included in 22 honorees given special recognition as Client Service MVPs for multiple appearances on the list. Concerning his multiple selections, Mr. Kendall said of his client service approach that a good securities lawyer must “deal with a problem with the same urgency the client itself would deal with the same problem.”
Michael Kendall, Trial, White-Collar & Securities Defense
Steven Scholes was quoted by Law360 on January 19 concerning the almost $600 million in fines and settlements paid by companies in 2009 to settle the ten largest stock option backdating cases, a development that may indicate that major options backdating litigation is drawing to a close. “My sense is that the bulk of the settlements have been made public already,” Mr. Scholes said. “These things kind of go in waves, and I think most of these have moved through the system.”
Steven S. Scholes, SEC Defense, Trial
Daniel Jocelyn was quoted on January 18 by Missouri Lawyers Weekly concerning a New York appeals court’s dismissal against the Bryan Cave law firm, which is headquartered in St. Louis. Mr. Jocelyn represented both the firm and a former partner in a lawsuit brought by a commodities trader over a pension plan adoption. “It was a hard-fought battle for three and a half years, but the right result,” Mr. Jocelyn said of the First Division panel’s decision, which is being appealed to New York’s highest court, the Court of Appeals.
Steven Scholes spoke to Law360 (January 14) about the new powers of the Securities and Exchange Commission’s Enforcement Division attorneys. “I anticipate that it will be a sea change in the enforcement program and will lead to the Division of Enforcement bringing many more cases that otherwise it might not have,” Mr. Scholes said, referring specifically to changes that will enable the SEC to gain greater cooperation from informers and companies. He added about the new SEC cooperation procedure: “My anticipation is that people will take them up on it and it will expedite their investigations and help them bring cases.”
Steven S. Scholes, SEC Defense, Trial
Steven Scholes was among the lawyers included in the January 13 announcement by Law360 on the formation of its 2010 securities editorial advisory board. Members of the board are leading securities law professionals who will provide guidance to Law360 regarding important issues and developments in the field. Mr. Scholes heads the Firm’s SEC defense group and subprime and credit markets litigation group, leads the Trial Department in the Chicago office, and is a former lawyer in the SEC’s Enforcement Division.
Steven S. Scholes, SEC Defense, Securities, Trial
Steven Scholes was quoted in PlanAdviser.com (January 11) examining how financial regulators view investment adviser use of social networking. He said the SEC would view as advertising an adviser's use of electronic media for stock tips, noting that, with the Internet's speed, "it would be very easy to slip very unknowingly...into making communications that constitute advertising without realizing it." Mr. Scholes suggested that investment firms either tell employees "you cannot use social networking for anything having to do with the firm," or require preapproval of social networking use ("because these communications are so fast, pragmatically it's very difficult to implement a policy like that," he noted), or allow social networking use only with clients and not the general public. "All of these approaches carry regulatory approval, just in different degrees," Mr. Scholes said, and can be an "insurance policy" to show regulators that proper procedures were used.
Steven S. Scholes, SEC Defense, Trial
Eugene Goldman was quoted by the St. Onge & Associates blog on January 3 concerning the ramped up enforcement activity by the Securities & Exchange Commission. “Between the $1 billion budget (proposed for 2010) and the need to project that it’s tough, it’s reasonable to expect a pretty aggressive enforcement program” for the agency, Mr. Goldman said.
Eugene I. Goldman, SEC Defense, Trial
Reed Stephens told Law360 on January 1 that Bates and Patrick v. Unnamed Defendant will be a particularly important health law case in 2010. The case involves a nationwide Department of Justice investigation into false Medicare claims for kyphoplasty spinal surgery, and Mr. Stephens said that it “highlights the real risk associated with the relationship between pharmaceutical and device manufacturers and hospitals and doctors.” He added that providers must be able to prove that the procedures they bill for are medically necessary. Mr. Stephens represents a provider client in a similar case, which he sees either moving toward a “reasonable” resolution or to trial if the government is too aggressive.
T. Reed Stephens, Health, Health Care Litigation, Life Sciences & Medical Products, Trial
Mark Pearlstein was cited in number of stories concerning his appointment as partner-in-charge of McDermott’s Boston office effective January 1, 2010. Mr. Pearlstein will succeed Susan Cooke, who will focus on her responsibilities as chair of the Firm’s OSHA/ Environmental practice group. Coverage appear November 3 to 4 in The Boston Globe, Boston Business Journal, Dallas Business Journal, moneycentral.msn.com, and the New York Daily News.
Susan M. Cooke, Mark W. Pearlstein, Trial
Mark Pearlstein was mentioned in an article on the web site of the Boston Bar Association (www.bostonbar.org) for his appointment as partner-in-charge of McDermott’s Boston office, effective January 1, 2010. The article noted that Mr. Pearlstein heads the office’s Trial Department, focusing his practice on white-collar criminal defense and related matters.
Margaret (Peg) Warner discussed an expected modest increase in 2010 business litigation for Law360 on January 1. Anticipating “a return to more normal commercial litigation patterns,” Ms. Warner said that companies are “assessing cost in a manner that is more aligned to what their business interests are now, as opposed to the fall of 2008 to 2009, where you saw a very steep slowdown and even stoppage in the willingness of companies to litigate.” She added that IP litigation and securities investigation work involving financial and commodities markets will be particular litigation growth areas.
Margaret H. Warner, Securities, Trial
2009
Jeffrey Stone commented for a number of publications, including The National Law Journal (December 21), The Recorder (December 24) and Texas Lawyer (December 28), regarding former Enron CEO Jeffrey Skilling’s appeal of his accounting fraud conviction. At issue in Skilling’s case, now before the U.S. Supreme Court, is his conviction under a 1988 law that makes it a crime to “deprive another of honest services.” “Honest services was an important element of the prosecution’s theory in the case,” said Mr. Stone, who added that the theory has also been invoked in recent options-backdating cases. “If the court redraws the boundaries, it will return prosecutors back to more traditional theories of deprivation of tangible goods.”
Edward Leibensperger was quoted by the Boston Business Journal on December 25 concerning a pilot project beginning 2010 in Suffolk Superior Court’s Business Litigation Section to reduce the amount and cost of discovery in each case. “Change is always hard, so getting people to buy into this pilot might be difficult,” Mr. Leibensperger said, but he added: “I personally think it’s a good idea. It would control litigation in a better way … good lawyers will welcome the idea of streamlining and targeting the cases to get results faster and more efficiently.”
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Eugene Goldman was quoted on December 21 by CFO.com concerning the likelihood that recent accounting fraud charges by the SEC indicate more extensive future enforcement actions. “Between the [SEC’s proposed 2010] $1 billion budget and the need to project that [the SEC is] tough, it's reasonable to expect a pretty aggressive enforcement program,” Mr. Goldman stated.
Eugene I. Goldman, SEC Defense, Trial
Gordon Greenberg was quoted December 16 on Law.com, in an article also carried in The National Law Journal and The Recorder, concerning a California federal judge’s dismissal without prejudice of the Security & Exchange Commission’s stock options backdating case against several Broadcom Corp. executives, including Mr. Greenberg’s client, the company co-founder. Mr. Greenberg called the dismissal “truly a turning point to be heard throughout this country,” noting that several unrelated cases have also recently been dismissed on the grounds of prosecutorial misconduct, such as the court cited in this case. Addressing Judge Cormac Carney on behalf of his client, Mr. Greenberg added, “Your Honor has set the record straight.”
Gordon Greenberg was quoted December 16 on Law.com concerning a California federal judge’s dismissal without prejudice of the Security & Exchange Commission’s stock options backdating case against several Broadcom Corp. executives, including Mr. Greenberg’s client, the company co-founder. Mr. Greenberg called the dismissal “truly a turning point to be heard throughout this country,” noting that several unrelated cases have also recently been dismissed on the grounds of prosecutorial misconduct, such as the court cited in this case. Addressing Judge Cormac Carney on behalf of his client, Mr. Greenberg added, “Your Honor has set the record straight.”
Joshua Rogaczewski was mentioned by the Washington Post, the Washington Times and the Washington Business Journal (all December 14) for his promotion to partner in McDermott’s Washington, DC office. He is a members of the Firm’s Trial Department.
Mary Boyle and Eugene Litvinoff were mentioned by The Recorder on December 14 for their promotion to partner in McDermott’s Silicon Valley office. Ms. Boyle focuses on intellectual property litigation, Mr. Litvinoff on white collar defense and internal investigations.
Mary Boyle Ph.D., Eugene S. Litvinoff, Intellectual Property, Trial, White-Collar & Securities Defense
Gordon Greenberg was quoted on December 10 by Law.com, which interviewed him concerning a federal judge’s dismissal of Broadcom Corp. co-founder Henry Samueli’s guilty plea in a stock options backdating case. “I’m happy to say it’s true,” said Mr. Greenberg (who represented Samueli) of the dismissal. “It’s a wonderful life and he’s Jimmy Stewart – just like the movie people watch at this time of year.” Mr. Greenberg explained that the judge concluded Samueli’s statement on which his plea had been based “was not materially false,” and added about the decision: “It was truly remarkable; people in the courtroom were crying left and right.”
Bobby Burchfield was quoted by the New Jersey Law Journal on December 7 concerning a federal judge’s ruling that modifies a consent decree that has limited ballot security and poll-watching activities around the country, and that sets a date eight years from now to end the decree. Mr. Burchfield, who represents the Republican National Committee in seeking to have the decree vacated, called the ruling “a step in the right direction” but said that an appeal is a “distinct possibility,” adding that his client will continue to seek a “truly level playing field with the DNC [Democratic National Committee] in terms of election day activities.”
Bobby R. Burchfield, Elections & Political Law, Trial
Eugene Goldman spoke to The National Law Journal on December 7 about cuts that some companies are making in their internal audit and compliance departments. Although he did not feel that such cuts would “necessarily” create more litigation risk, Mr. Goldman advised companies to proceed cautiously. “The [board’s] audit committee, in exercising its oversight function, should weigh in when management is considering cutting the compliance function at a time when extra monitoring should be considered,” he said.
Eugene I. Goldman, Corporate Responsibility and Governance, Trial
Michael Kendall was quoted extensively in a November 2008 Corporate Secretary article on the increased prosecution risks that corporate executives face. He noted that the trend involves "more aggression against corporations and executives, more aggression in who you go after and the theories used to go after them, more aggression in the financial penalties being sought and the length of sentences being imposed on executives." Mr. Kendall ascribed the increased prosecution both to public desire and to what he called "bureaucratic inertia toward continuing aggressiveness by prosecutors – you never hear of penalties becoming less onerous, do you? It is always more, more, more." Mr. Kendall advised board members that "scrupulous adherence to correct process is the best advice" for avoiding trouble, … "as long as the basic touchstones of good governance are applied: appropriate disclosure, experience, expertise and independence."
Michael Kendall, Corporate Responsibility and Governance, Trial
Nancy Ross was quoted in a November 23 Chicago Tribune examination of charitable giving programs by businesses. Ms. Ross chaired McDermott’s unified United Way fundraising campaign (which also included volunteer service days), and said the thinking behind the effort was that “people at the firm would be more willing to participate if they felt they were not being asked to donate to a number of charities with every turn they took around the corner.” She emphasized the importance of giving as part of the Firm’s larger role, noting, “Even though as individuals we’re all taking hits in our salary, … relatively speaking we were in a position to be giving back much more than other people.”
Nancy G. Ross, Pro Bono & Community Service, Trial
M. Miller Baker was featured on November 17 by Law360 concerning his appellate practice and recent developments in appellate law. He described his approach to a typical case by saying, "After reading and rereading the briefs and cases, I reduce my case to a handful of key points.… My benchmark for successful preparation is to walk out of an argument with the feeling that I was over-prepared for it." Mr. Baker also expressed unhappiness over "the practice of some courts of appeals to simply affirm decisions below without either providing any reasoning or expressly adopting the decision of the district court as its own," and stated that the upcoming U.S. Supreme Court hearing of McDonald v. City of Chicago to determine whether the Second Amendment applies to the states is "a historic opportunity." Click here to read the full article.
M. Miller Baker, Appellate, Trial
Bobby Burchfield was quoted by the National Law Journal on November 16 concerning the appointment of Robert Bauer to be White House Counsel. Mr. Burchfield, who opposed Mr. Bauer in Bush v. Gore and other cases over the years, called him “quite a capable attorney. I don’t always agree with him. But I do respect him, and I believe he’s very able.”
Eugene Goldman commented for CFO.com on November 1 concerning an expected increase in the intensity of Securities and Exchange Commission securities law compliance efforts. “Between the $1 billion budget [proposed for 2010] and the need to project that it’s tough, it’s reasonable to expect a pretty aggressive enforcement program” from the SEC, Mr. Goldman said. He cited as an example how the SEC is using a federal judge’s order striking down a settlement with Bank of America over the Merrill Lynch acquisition to seek more information that might result in additional charges against the bank.
Eugene I. Goldman, SEC Defense, Trial
Elizabeth Erickson and Ira Mirsky are co-authors of an article concerning tax rules for employment settlements that appeared October 29 on Employersweb.com. The authors note that, after settlement of an employee lawsuit against a company, “there is a major responsibility that inevitably involves personnel and compensation staff: administering the appropriate tax rules.” A settlement or award can be taxable income to the employee or former employee who made the claim, meaning that the company must issue appropriate tax documentation. The authors describe the complexity of the process for determining taxability, and offer suggestions on how companies can determine the correct tax treatment of employment-related settlement payments.
Elizabeth Erickson, Ira B. Mirsky, Employee Benefits, Trial
Amandeep Sidhu was quoted by The Blog of Legal Times on October 26 for his successful representation of a Sikh-American medical officer admitted to active service with the U.S. Army. Although the admission of the officer without requiring removal of his religiously mandated turban and beard was an individual decision, Mr. Sidhu stated that “the goal was to change the policy to allow all Sikhs to serve in the U.S. armed services,” adding that army representatives “have indicated that they realize the policy issue remains and they need to turn their attention to this issue.” Noting that Congress in 1987 exempted neat and conservative religious garments from its ban on religious expression among soldiers, Mr. Sidhu said, “Our argument has been that the army has been ignoring congressional intent for 22 years. This may not be something that requires any additional legislative change.”
Amandeep S. Sidhu, Pro Bono & Community Service, Trial
Amandeep Sidhu’s role in securing the admission of a Sikh-American medical officer into active service with the U.S. Army was recognized in an October 23 Reuters dispatch that appeared in the Washington Times, Post Chronicle, BizJournals, India Times and Yahoo News. The officer was allowed to maintain is religiously mandated turban and beard, ending a 23-year policy that excluded Sikhs from service. “[W]e have steadfastly asserted that our clients’ religious requirements in no way hinder their ability to serve our nation,” said Mr. Sidhu, who represented the officer in conjunction with the Sikh Coalition. “We are deeply impressed with the Army’s forward-thinking approach in allowing our client to serve with his turban and beard, and we now call upon the Army to consider amendments to its uniform policy that continues to close the doors to other Sikh-Americans from serving in the U.S. Army.”
Amandeep S. Sidhu, Pro Bono & Community Service, Trial
David Hanselman was quoted in an October 5 Modern Healthcare story about a federal judge’s denial of class action status for a lawsuit by 19,000 Chicago area nurses who alleged that hospitals conspired to depress their wages. The judge held that granting class status based on an “average loss” theory would obscure the wide differences in pay and circumstances among individuals, leading Mr. Hanselman (who represented one of the hospital defendants) to comment: “District judges can no longer rubber-stamp the opinions of plaintiff’s experts at the class certification stage.” Click here to read the full article.
David L. Hanselman Jr., Antitrust & Competition, Class Action, Health Care Litigation, Trial
David Hanselman was quoted by Global Competition Review on October 2 concerning U.S. District Court Judge John Grady’s refusal to grant certification to a lawsuit by Chicago area nurses alleging that several hospitals conspired to suppress their pay. Mr. Hanselman identified the Judge’s rejection of averages to determine class-wide antitrust impact as the key to the decision. “In this case the [plaintiffs’] expert had used an econometric model that had used a single average percentage of wage suppression,” Mr. Hanselman stated. “The judge was highly critical of the use of averages because it does not show whether each class member had suffered an antitrust injury.” Click here to read the full article.
David L. Hanselman Jr., Antitrust & Competition, Class Action, Health Care Litigation, Trial
The National Law Journal quoted David Hanselman (October 1) concerning a Chicago federal court decision that denied class certification to a group of nurses who had alleged that hospitals had conspired to depress their wages. The Illinois plaintiffs sought over $1 billion in lost wage claims, but U.S. District Court Judge John Grady held that they did not demonstrate that common questions of law or fact predominated. Mr. Hanselman, who represented one of the hospitals, called the decision "a significant victory for the defendants because often in class actions the denial of class certification sounds the death knell of the litigation." He also represents defendants in several similar cases being heard in other federal courts, "We are hopeful that Judge Grady's well-reasoned opinion has persuasive impact on those courts."
David L. Hanselman Jr., Antitrust & Competition, Class Action, Health Care Litigation, Trial
David Hanselman was noted by West’s Andrews Litigation Reporter – Antitrust in October 2009 as counsel for one of several Chicago area hospitals in a federal antitrust case where the court denied class certification to a group of nurses that alleged a conspiracy by the hospitals to keep wages low. Mr. Hanselman said the ruling may provide guidance in nurse wage-fixing class actions pending in federal courts in New York, Michigan, Tennessee and Texas, adding that the ruling shows that courts beyond the Third Circuit are looking to the “rigorous analysis” standard of In re Hydrogen Peroxide Antitrust Litigation when making class certification rulings.
David L. Hanselman Jr., Antitrust & Competition, Class Action, Health Care Litigation, Trial
Edward Leibensperger was noted in a September 30 story on the Children’s Rights web site (www.childrensrights.org) for his role in reforming the troubled Michigan child welfare system. Mr. Leibensperger was counsel for Children’s Rights in filing the Dwayne B. v. Granholm child welfare reform class action lawsuit in August 2006, which two years later resulted in a sweeping settlement agreement that was signed by Michigan Governor Jennifer Granholm and subsequently approved in federal court.
David Hanselman, Jr., spoke to Law360 on September 29 about a federal judge’s denial of class certification to a group of nurses who alleged that four Chicago area hospital systems violated antitrust law by colluding to suppress the nurses’ wages. The judge ruled that the plaintiffs did not have a viable method of showing classwide injury, which Mr. Hanselman, who represented one of the hospital systems, said “constitutes the death knell” for the litigation. “I can’t say that this effectively ends the case because plaintiffs’ lawyers can be creative,” he noted, “but it certainly is a significant blow to the plaintiffs’ case, and we’ll be anxious to see what they do from here.” Click here to read the full article.
David L. Hanselman Jr., Antitrust & Competition, Class Action, Health, Health Care Litigation, Trial
Raquel “Rocky” Rodriguez was quoted in a September 22 Broward Daily Business Review story about Florida governor Charlie Crist’s use of shadow panels to help him vet judicial appointments. Ms. Rodriguez, who was general counsel to former Florida governor Jeb Bush in his second term, noted that Mr. Bush sometimes relied on guidance from outside attorneys to make judicial selections. “They were people who knew the governor and what he was looking for,” such as strong legal background and belief in the separation of powers, she stated. Ms. Rodriguez added that Mr. Bush personally interviewed all nominees given to him to fill court vacancies.
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Peter Kreindler was cited in the New York Law Journal (September 10), The AmLaw Daily (September 11) and the Washington Business Journal (September 14) for joining McDermott as senior counsel, practicing in the Firm’s New York City and Washington, DC offices. Formerly senior vice president and general counsel at Honeywell International, where he was responsible for all the company’s legal affairs, Mr. Kreindler will focus his practice on strategic litigation management, internal investigations and corporate crisis management.
Peter M. Kreindler, Corporate, Trial
Steven Scholes was cited in an August 27 Plan Advisor story about how the Securities & Exchange Commission and other financial regulators view the use of social networking sites by financial advisors and brokers under advertising and communication rules. Mr. Scholes stated his belief that the SEC would take the position that advertising is advertising, regardless of the medium. However, a problem could arise if what an SEC lawyer considers advertising is not seen that way by employees of financial firms.
Neal Minahan was quoted in a National Law Journal story on August 26, concerning a U.S. First Circuit Court decision to uphold a lower court ruling that required Massachusetts prison officials to allow two Muslim inmates access to televised prayer services. The trial court appointed McDermott as pro bono counsel for the inmates, and Mr. Minahan, as part of the pro bono team, said that the ruling fleshes out the First Circuit’s case law on the Religious Land Use and Institutionalized Persons Act (RLUIPA). “Once a plaintiff has established a substantial burden on his or her religious exercise, then the burden shifts to the government,” Mr. Minahan said, commenting on the policies that the inmates had protested. “They [the government] need some compelling reason to substantially burden a plaintiff's access to religious services, to burden their sincere religious beliefs.”
Neal E. Minahan, Pro Bono & Community Service, Trial
Thomas Ryan was quoted in an August 24 Law360 story about a ruling by the U.S. District Court for the District of Colorado that dismissed counterclaims of antitrust violations in breach of contract litigation brought by Total Renal Care Inc. against a rival kidney dialysis clinic. Mr. Ryan, who represented Total Renal Care, was pleased with the ruling, and stated, “[A]t the end of the day we believe that our case has merit and the antitrust claims against us lack merit.”
Tom Ryan, Health Care Litigation, Trial
Jeffrey Stone participated in a Chicago Lawyer Magazine (August 2009) roundtable concerning the economy and its impact on the legal profession. Mr. Stone stated that law firms must focus on “understanding the stresses that our clients are under, and making sure that the services we deliver and the manner in which we deliver them makes sense to our clients.” He believes that firms must change to accommodate client needs by looking hard at their services, staffing levels, locations and skill composition. Mr. Stone added that young lawyers should “think about investing in their careers and…about how they develop a set of skills that’s really going to help them add value to clients.” He cited strategic thinking, decisiveness, communication and integrity as key skills for law firm leaders. Click here to read the full article.
Lisa Linsky was cited in the August 13 issue of New York Lawyer for being named diversity liaison to the lesbian, gay, bisexual and transsexual community for the board of the National Association of Women Lawyers.
Peter Resnik was featured in an August 7 broadcast story on the CBS Evening News that highlighted his efforts to create the Homeless Book Club, a discussion group that enables homeless individuals in Boston to meet in a church conference room and discuss books and short stories that Peter provides. The club had its genesis when Peter struck up an acquaintance with Rob, a homeless man he crossed paths with regularly on Boston Common while heading to work. After Peter gave Rob a book that they enjoyed discussing, and Rob passed it on to other homeless persons he knew, “[I]t occurred to us that there was an interest out here that could draw people together," Peter said. The book club has been replicated in other cities – and Rob, with Peter’s help in resolving a legal issue, is now housed and working as a church custodian.
John Kocoras was mentioned in Chicago Lawyer’s “Firm Life” column (August 4) for joining McDermott’s white collar and criminal defense practice.
John C. Kocoras, Trial, White-Collar & Securities Defense
Russell Hayman discussed for Inside Counsel (August 2009) the implications of the Fraud Enforcement and Recovery Act (FERA), which amends the federal fraud statutes and was passed to address potential fraudulent activity by individuals at financial institutions that receive federal government assistance. Because FERA does not define key terms that determine whether a contract or claim is fraudulent, Mr. Hayman’s belief is that “I don’t think there’s going to be great restraint in the cases that are brought under these new provisions, because most of the cases will be brought by whistleblowers that are looking to get rich quick.” He added that, because qui tam actions under FERA can be accompanied by administrative or criminal actions against companies and executives, “The new FERA amendments make it even more likely that we will have these types of parallel proceedings.”
Nancy Ross was quoted in a July 27 story on United Way of Metropolitan Chicago web site (www.uw-mc.org) detailing McDermott’s participation in the organization’s Day of Caring program. Earlier this year 27 persons from the Firm helped package food at the Greater Chicago Food Depository for distribution to the needy, and up to 70 more individuals from McDermott are scheduled to participate in activities of three other United Way agencies. “Unanimously, everyone found the [food packaging] experience quite enriching. … We are all extremely busy in our lives but there is no better reward than volunteering, in my view,” Ms Ross stated. She added that “United Way doesn’t focus on one important facet. They span across a multitude of critical issues that affect communities throughout the region. That’s an important mission that we are happy to support.”
Nancy G. Ross, Pro Bono & Community Service, Trial
Eugene Goldman was quoted in a June 17 Law360 story on President Obama’s proposed overhaul of the nation's financial regulatory structure. Mr. Goldman believes that the Securities and Exchange Commission fared well in the proposal because the agency did not end up losing a great deal of power to the Fed or consolidating with the CFTC. “If you look back four months ago, when people predicted doom and gloom for the agency's future, we now see the president's proposal as a declaration of confidence in Chairman Schapiro's ability to get the SEC back on its feet,” Mr. Goldman said.
Eugene I. Goldman, SEC Defense, Trial
Lazar Raynal was mentioned in the July 2007 issue of Chicago Lawyer for his appointment to lead McDermott’s Trial Department, while Laurence Bronska and Andrew McCune were both noted in the same publication for their moves to the Firm’s private equity practice after previously practicing at DLA Piper.
Laurence R. Bronska, Andrew W. McCune, Lazar P. Raynal, Corporate, Private Equity, Trial
Eugene Goldman was quoted in Securities Regulation and Law Report (July 10) concerning the securities enforcement implications of the Obama Administration's financial regulatory overhaul plan. "It was a very good day for the SEC when the administration announced its plan," Mr. Goldman said. "If you think back four or five months, there were predictions of doom and gloom for the SEC in light of Madoff and other issues, yet this package of proposals, which will expand the commission's powers in various respects, … appears to be a vote of confidence in Chairman Schapiro and her ability to get the commission back on its feet." With the proposed 2010 SEC budget topping $1 billion for the first time, "All the signals coming out of the administration are for a proactive SEC," and he singled out recommended legislation to allow the SEC to prohibit mandatory arbitration in favor of litigation for claims against broker-dealers.
Eugene I. Goldman, Corporate Responsibility and Governance, SEC Defense, Trial
The AmLaw Daily interviewed William Schuman (May 29), discussing the increase in lateral movement and how partners can make a graceful exit. Mr. Schuman said that the most important thing for partners to remember is that they're not allowed to solicit clients or associates of their firm while they're still there. "Once you're gone you can solicit your old clients." He noted that some clients may have a need to know what their lawyers intentions are. "Some clients have a need to know, especially if they've got an urgent matter....In an emergency circumstance, you're allowed to call your client and tell them you're leaving. You can give them three options: come with you to your new firm, stay at the old firm, or go with another firm entirely. You just tell them those options so they can evaluate them."
William P. Schuman PC, Professional Responsibility, Trial
Steven Scholes was quoted extensively in Compliance Week (June 30) about the substantial increase in class action securities lawsuits related to the financial crisis. Mr. Scholes stated that such an increase “was only to be expected given the market dislocations we’ve had over the last 18 months or so,” adding that “a tremendous amount of litigation” involves structured financial products such as collateralized debt obligations. He also predicted there is “a significant likelihood there will be more” litigation over credit default swaps. An increasing number of lawsuits are targeting asset management firms, and Mr. Scholes attributed that to the “unprecedented size, scope and number of the alleged Ponzi schemes, which seem to be coming to light as a result in the decline in asset values. I think that wave is still building and has yet to crest.”
Steven S. Scholes, Class Action, Securities Litigation, Trial
John Kocoras was cited in both Crain’s Chicago Business (June 18) and the National Law Journal (June 29) for having joined McDermott’s Trial Department as a partner in the Chicago office. Mr. Kocoras, formerly a managing director and regional counsel at risk consultancy Kroll, Inc., will focus on internal investigations and white-collar criminal defense.
John C. Kocoras, Trial, White-Collar & Securities Defense
Stephen Ryan was quoted in a June 19 Reuters video report on the federal charges that Texas billionaire Allen Stanford orchestrated a massive fraud through his Antigua bank that bilked investors out of billions of dollars. Mr. Ryan, a former federal prosecutor, said of the charges that “generally, if it’s a Ponzi scheme, it is an easy case for the government to win.” He added that, although Stanford claims innocence, the Bernard Madoff conviction creates a difficult situation for him. “Mr. Stanford is very unlucky that a person like Madoff preceded him and created public resentment,” Mr. Ryan said. “That’s a very difficult problem for him when and if he goes to trial.”
Stephen M. Ryan, Government Strategies, Trial
Joshua Buchman and Ankur Goel were both quoted in a June 19 Law360 story on recent changes to the False Claims Act. Mr. Buchman noted that companies no longer must deal directly with the U.S. government to have False Claims Act liability. “The bottom line is, just because you're one or two or even three levels removed from the entity doing business with the U.S. government, you're not safe,” he said. Mr. Goel thus urged companies to review their compliance programs to demonstrate “the kind of diligence the law contemplates … to show that they are aware of what they're supposed to be doing and have made a reasonable effort to put a system in place,” he said.
Joshua T. Buchman, Ankur J. Goel, Corporate Responsibility and Governance, Health, Trial
Lazar Raynal’s appointment to head McDermott’s Trial Department was covered in the June 25 edition of Wilmette Life. The article noted that Mr. Raynal was named to American Lawyer’s 2007 “Fab Fifty Young Litigators” list as a result of his successes in significant commercial lawsuits.
William Schuman was quoted in a June 10 story by the ABA/BNA Lawyers Manual of Professional Conduct Current Reports, summarizing his presentation on loyalty and confidentiality to the ABA National Conference on Professional Responsibility. Mr. Schuman commented on a federal court ruling that outside counsel had breached their duty of loyalty to a corporate executive by not stating during an internal investigation interview that they represented the executive’s employer and not him.
William P. Schuman PC, Professional Responsibility, Trial
John Kocoras was profiled in a lengthy June 15 interview by Corporate Crime Reporter. A former prosecutor with the U.S. Attorney’s office in Chicago and now a member of the Firm’s white-collar defense practice, Mr. Kocoras observed that “the government has tremendous resources at its disposal to investigate companies. And those resources appear to be growing in international cases, because cooperation seems to be improving with other countries. That increased cooperation has been an factor in the increase in Foreign Corrupt Practices Act cases that the Department of Justice is bringing.” Mr. Kocoras added that he joined McDermott because of his regard for “the talent level of the professionals here. They have a tremendous amount of experience. And they approach each case in a practical and intelligent manner.”
John C. Kocoras, Trial, White-Collar & Securities Defense
Lisa Linsky is quoted in Transgender Issues in the Workplace concerning McDermott's inclusive policy toward transgender persons. "If we were going to create a culture that was committed to inclusion and equality, we had to expand our policies to include protections for employees based on gender expression and identity as well as sexual orientation," Ms. Linsky stated, adding "it was not a hard sell at our firm. There was a willingness to look at transgender workplace issues and acknowledge that this is the right thing to do." She noted that "law firms are increasingly paying attention to issues involving sexual orientation and gender expression and identity in the workplace," because "transgender workers bring the sort of diversity of opinions and creative problem-solving skills that clients want from their legal providers." To view the publication click here.
Published by Law360 on June 9, 2009, "Q&A with McDermott’s David Rosenbloom,” is an interview in which David S. Rosenbloom, chair of McDermott’s White-Collar Criminal Defense practice, discusses developments and trends in his practice area. Mr. Rosenbloom believes that the most important need in white-collar litigation is to distinguish pervasive criminal conduct within an organization from the actions of a few employees who made bad choices that went against company policy, adding that the lack of such a distinction is one reason why the government will likely continue to focus on the more successful companies that can pay fines, rather than the ones that have done the most harm. Click here to read the full article.
David S. Rosenbloom, Trial, White-Collar & Securities Defense
Published by Law360 on June 9, 2009, "Q&A with McDermott’s Michael Pope,” is an interview with Michael A. Pope, in which he gives his perspective as head of the Firm’s product liability practice concerning past developments and future trends in the practice of product liability and consumer fraud law. Mr. Pope believes that, despite reforms in class action litigation, there remains a lack of legal standards governing both punitive damage claims and the duty of state court trial judges to dismiss cases that obviously do not state a cause of action; and he believes that consumer fraud claims will continue to increase, largely due to outdated state statutes. Click here to read the full article.
Michael A. Pope PC, Product Liability, Trial
Steven Scholes addressed in a June 8 Law360 story the breach of contract lawsuits that several monoline insurers have filed against financial institutions over subprime-related losses. He stated his belief that, because the insurers are suing for breach of contract, they could win on their misrepresentation claims, and even if their fraud claims are not upheld, they could help fend off claims from investors. "It's almost a backdoor defense of the claims made in the class case" against the insurers, Mr. Scholes said. He added that getting a court to recognize that they made investment decisions based on misstatements from CDO securities originators and marketers could provide a significant boost in the insurers' public perception.
Steven S. Scholes, Subprime and Credit Markets, Subprime and Credit Markets Litigation, Trial
William Schuman, chair of McDermott's Professional Responsibility Committee, spoke to Law.com about how lawyers should properly leave their firms. For partners, he said, "The first thing to remember is you're not allowed to solicit clients or the associates of your firm while you're still there. The right way to go about this is to at least let your firm know you're planning on moving before you tell your clients." Mr. Schuman noted that the economic downturn has made some lawyer departures from their firms messier, but he advises departing lawyers to "always err on the side of caution. These people [at the previous firm] are not only your partners, but often your friends. The more open you are, the better. If things get nasty, you still have a duty to protect the client's interests."
Harvey Freishtat, Jeffrey Stone and Peter Sacripanti were mentioned in the June 2009 issue of Juve Rechtsmarkt regarding the appointment of Mr. Stone and Mr. Sacripanti as co-chairmain of the Firm effective January 1, 2010.
Harvey W. Freishtat, Peter John Sacripanti, Jeffrey E. Stone, Trial
Lazar Raynal was mentioned in a June 1 Chicago Daily Law Bulletin summary of his appointment to head the Firm's Trial Department. The article notes that Mr. Raynal also heads McDermott's Trust and Estate Controversy practice.
Lazar P. Raynal, Trial, Trust & Estate Controversy
Lisa Linsky, Todd Solomon and Brian Tiemann are quoted in a June 2009 Chicago Lawyer article on diversity that includes McDermott's strong commitment to inclusiveness of lawyers regardless of their sexual orientation. Ms. Linsky noted that the Firm's 100 percent score from the Human Rights Campaign for workplace equality and inclusion of LGBT individuals "demonstrat[es] that we are mirroring our commitment to LGBT diversity much like our clients and prospective clients are." Mr. Solomon also emphasized that "the Firm is supportive of diversity," citing its sponsorship of and presence at Lavender Law recruiting events for LGBT law students. Mr. Tiemann described his recruitment for McDermott through Lavender Law, adding that the Firm's participation in the event offers assurance "indicating that they promote diversity and that diversity for LGBT lawyers is important to them."
Lisa A. Linsky, Todd A. Solomon, Brian J. Tiemann, Trial
Linda Doyle commented in the May 28 Chicago Tribune about an ongoing controversy over whether lawyers' courtroom attire has become too lax. "I think younger people see business casual … and that's what comes to court," she observed. Given that some judges object so such casualness, Ms. Doyle advised lawyers not to take unnecessary risks: "You should strive not to be distracting … except in your argument."
Raquel Rodriguez was interviewed on CNN Lou Dobbs Tonight (May 27) concerning the nomination of Judge Sonia Sotomayor to serve on the U.S. Supreme Court. Having previously been involved in the appointment process for many judges as general counsel to former Florida governor Bush, Ms. Rodriguez explained why she is withholding support from Judge Sotomayor's nomination at this time. "My focus is judicial philosophy, not political philosophy," Ms Rodriguez explained. "[T]he Senate needs to exam[ine] whether or not there is going to be any possibility of judicial interpretation through any kind of ethnic or gender-based lens. … Is this going to be a judge who is going to expand rights into the Constitution that are not there?" Ms. Rodriguez emphasized that she supports "a full and searching inquiry" on Judge Sotomayor's record, adding "I think she deserves to be interviewed on the merits."
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Daniel Jocelyn was quoted by the New York Law Journal on May 8 concerning Johnson v. Chapin, a case in which Mr. Jocelyn represented the defendant and in which the New York Court of Appeals ruled that divorce settlements should focus on equitable distribution of marital assets without second-guessing economic decisions made by spouses when they were married. Mr. Jocelyn said of the case that the Court "struck the right balance in respecting the decisions that married people make within the sanctity of their marriage with respect to how they spend their money." In endorsing equitable distribution at the time of divorce, Mr. Jocelyn added that the courts should not have the opportunity to "reanalyze" financial decisions made by a couple leading up to their divorce.
M. Miller Baker was named Litigator of the Week by the Am Law Litigation Daily (May 7) for McDermott's victory in the U.S. Supreme Court in Arthur Andersen v. Carlisle. The U.S. Supreme Court ruling affirmed that litigants not party to an arbitration agreement can invoke federal law to seek and obtain a stay pending arbitration, if state law allows for non signatories to have access to arbitration. The decision reversed an earlier appeals court ruling and remanded the case, brought by the former Arthur Andersen accounting firm, for review. Mr. Baker said, "The court clarified and gave a very clean and crisp test for appellate jurisdiction, eliminating widespread confusion in the courts of appeals." To view the entire Litigator of the Week article click here.
M. Miller Baker, Appellate, Trial
M. Miller Baker was cited in a May 4 Law360 story on a U.S. Supreme Court ruling which affirmed that litigants not party to an arbitration agreement can invoke federal law to seek and obtain a stay pending arbitration, if state law allows for non signatories to have access to arbitration. The decision reversed an earlier appeals court ruling and remanded the case, brought by the former Arthur Andersen accounting firm, for review. "We are obviously very pleased," declared Mr. Baker, who had argued the case on behalf of Arthur Andersen.
M. Miller Baker, Appellate, Trial
Lisa Linsky was cited in Diversity & The Bar (May/June 2009) for her appointment to lead McDermott's diversity initiatives and programs as first partner-in-charge of firm-wide diversity. The article noted that Ms. Linsky created and has chaired McDermott's innovative Lesbian, Gay, Bisexual, and Transgender (LGBT) Diversity Committee since 2006, and will continue to do so.
Eugene Goldman described for Law.com on April 28 the challenges of defending and advising overseas clients that are faced with white-collar crime investigation and prosecution by the U.S. Securities & Exchange Commission and Department of Justice. Mr. Goldman travels to offshore clients' companies to prepare them for an SEC investigatory visit, or even a conference call with the SEC. "The foreigner is not familiar with the aggressiveness of an SEC investigation," he explained. "You need to make sure there is no false comfort because they're in a foreign country."
Link to: Eugene , Washington, D.C., Trial,
Eugene I. Goldman, SEC Defense, Trial
Jeffrey Stone spoke to the Chicago Daily Law Bulletin (April 25) about McDermott's separate career track for full-time staff lawyers who are a cost-effective resource for clients. Mr. Stone said that the staff lawyers provide support services to litigation around the country and also do due diligence on corporate transactions, and added about the concept: "We think we have priced it in a way very attractive to our clients."
Jeffrey Stone was included in an April 25 Chicago Daily Law Bulletin story about former Chicago federal prosecutors who now have a white-collar defense practice. The story noted that Mr. Stone is McDermott's co-chair elect, and placed him among the former prosecutors who have maintained the integrity and peer respect that they had developed as prosecutors. "When I was at the U.S. Attorney's Office," Mr. Stone explained, "one of my mentors always said, 'If you wouldn't be comfortable seeing it on the front page of the Chicago Tribune, or you wouldn't be comfortable having your mother read about it the next morning, don't do it.' [I]t's . . . a simple aphorism, but it's true."
Jeffrey E. Stone, Trial, White-Collar & Securities Defense
Michael Kendall was cited in Massachusetts Lawyers Weekly (April 13) for his nomination to the BTI Client Service All-Star Team.
David Marx, Jr., was quoted April 13 on AmericanLawyer.com concerning antitrust litigation against four major candy manufacturers. Referring to price-fixing allegations against the companies, Mr. Marx declared, "You can't just infer the existence of a price-fixing conspiracy from the fact that independent competitors in concentrated industries independently chose to raise their prices."
David Marx Jr., Antitrust & Competition, Trial
Stephen Ryan was quoted in The National Journal on April 11 concerning the dismissal of charges brought by the U.S. Justice Department against former U.S. Senator Ted Stevens. Mr. Ryan said the dismissal means that Justice Department prosecutors "will be subjected to more adult supervision and will face greater scrutiny" as they prepare cases for trial. He also stated that the flaws in the prosecutors' handling of the case will make defense lawyers more aggressive, adding, "The defense in the Stevens case offers a textbook example for other lawyers on how to find a procedural flaw that gets you a get-out-of-jail-free card for your client."
Stephen M. Ryan, Government Strategies, Trial
Jeffrey Stone and Peter Sacripanti were quoted by Legal Week and The Am Law Daily on April 4, discussing their election as the Firm's new co-chairs and commenting on McDermott's strengths and global position. Mr. Stone noted that the Firm "has been going through a [Firm-wide] strategic planning process for the past year, and we're well positioned to build on that vision through our platform of offices around the world." He also cited the fact that McDermott has no bank debt, to which Mr. Sacripanti added, "Our profit pool that's generated by our partners is our bank. And that's how we finance ourselves, and it’s given us enormous flexibility in these tough economic times." To read the entire article click here.
Peter John Sacripanti, Jeffrey E. Stone, Trial
Jeffrey Stone and Peter Sacripanti were also quoted in a Legal Week story on April 6 summarizing their election as the Firm's new co-chairs. Mr. Stone said of the unique co-chair arrangement, "We thought that the two of us working together could achieve more and give us a greater capacity to address the challenges that exist in today's economic world. We also believed that our complementary skills made both of us stronger than either of us would be individually." Mr. Sacripanti pointed out the additional benefit from the fact that the co-chairs are based in two different offices. "We want to be able to project in different places at the same time, and Jeff and I are in constant communication on a daily basis. Chicago is our largest office and New York is our third-largest office, so we are looking at this [union] as a strength."
Peter John Sacripanti, Jeffrey E. Stone, Trial
Jeffrey Stone and Peter Sacripanti were cited in an April 3 Chicago Tribune story about their election as McDermott's co-chairs. The story called McDermott "one of the nation's largest and most profitable firms," and noted that the new co-chairs are both former federal prosecutors who have become top trial lawyers at the Firm.
Peter John Sacripanti, Jeffrey E. Stone, Trial
Jeffrey Webb was quoted by Law360 on April 1 regarding a U.S. Supreme Court decision in 14 Penn Plaza LLC v. Pyett that held that collective bargaining agreements that require union members to arbitrate Age Discrimination in Employment Act (ADEA) claims are enforceable. Mr. Webb believes that the decision is a victory for those who believe that arbitration is preferable to the courts for resolving disputes. He also said, "Before this decision, companies were often subjected to double jeopardy – first they would have to defend against a discrimination claim in a arbitration with a union, and then they could be subjected to the very same claim again in a discrimination case in court, even if they had prevailed in an arbitration."
, HR & Employment Litigation, Labor & Employment, Trial
Eugene Goldman was quoted in a March 26 Law360 story on the potential for stricter securities law enforcement by the Financial Services Authority (FSA), the United Kingdom's financial market regulatory body. He noted that the FSA web site increasingly carries press releases covering agency lawsuits over fraud and market abuses, adding that "It's starting to resemble the SEC web site."
Eugene I. Goldman, SEC Defense, Trial
Lisa Linsky was quoted in an April 24 story in Echelon Magazine about McDermott's successful pro bono effort, in conjunction with Lambda Legal, to reverse the Social Security Administration's denial of insurance benefits to the children of a disabled gay father who had fulfilled all prerequisites for the benefits. Noting that a number of McDermott Trial and Employee Benefits lawyers had participated in the effort as part of the Firm's commitment to pro bono and diversity, Ms. Linsky said that the Social Security Administration's reversal "validated fundamental principles of law and public policy," and that it "confirms the rights of all parents and children, regardless of the parents' sexual orientation." Other McDermott lawyers on the team included Amy Gordon, Elizabeth Philpott and Todd Solomon.
Amy M. Gordon, Lisa A. Linsky, Elizabeth P. Philpott, Todd A. Solomon, Employee Benefits, Pro Bono & Community Service, Trial
Ryan Smethurst was quoted on March 18 by Law360 regarding a Swiss Re report that economies and businesses in Asia face a high risk of catastrophic losses. China had tremendous financial losses in 2008 due to natural disasters, causing great financial risks to governments in Asia. These risks will give rise to the development of insurance...to cope with the financial consequences of catastrophes. Mr. Smethurst said, "Unmet first- and third-party insurance needs in Asia are on the rise….The tragic 2008 earthquake in Sichuan...may have provided last year's most stark example of uninsured first-party risk, as Swiss Re notes, but the liability insurance market in China also remains underdeveloped and underutilized….As with the need for increased capacity, the development of refined policy provisions and a broader acceptance of insurance as a hedge against loss are needed to help restore recent damage to the Chinese economy."
Ryan S. Smethurst, Insurance Disputes, Trial
Mark Pearlstein, Thomas Ryan, Jeffrey Stone, Charles Weir and Gregory Jones were mentioned in the March issue of American Lawyer for their representation of DaVita, Inc. McDermott has represented DaVita for ten years as regular outside litigation counsel.
Gregory R. Jones, Mark W. Pearlstein, Tom Ryan, Jeffrey E. Stone, Charles E. Weir, Trial
Jeffrey E. Stone was mentioned March 9 on Eight Forty Eight regarding the Chicago Bar Foundation's (CBF) Investing in Justice Campaign. Mr. Stone, partner and head of McDermott's Trial Department, will chair CBF's 3rd Annual Investing in Justice Campaign this March. CBF states that there are fewer than 300 legal aid attorneys in the region for more than one million low-income residents who qualify for their services. To hear the entire interview click here.
Jeffrey E. Stone, Pro Bono & Community Service, Trial
Geoffrey Vance was quoted in the March 2009 issue of Chicago Lawyer regarding the use of online social networking sites. The multitude of social networking sites such as LinkedIn, Facebook and Legal OnRamp has connected lawyers with colleagues, clients and friends. These networking sites have created an outlet for lawyers to expand their network dramatically. Mr. Vance uses social networking to gather facts about opponents in trials. Mr. Vance said, "I make it a practice to use as many sources as I can come up with to find information about the other side." He continued, "We used to run LexisNexis; we still do that. We always look at cases, and now we use the Internet – Google, and social networking sites."
Geoffrey A. Vance, Trial, White-Collar & Securities Defense
Jon Dean was quoted on March 2 in The National Law Journal regarding the spike in employment litigation. In 2009, job layoffs and a sharp rise in unemployment rates will likely increase employment litigation. Mr. Dean is seeing a rise in the number of employment cases brought in tandem with False Claims Acts suits. "There seems to be an increasing number of whistleblower claims combined with employment litigation, particularly in health care," he said. He continued, "Medicare regulations are very complicated. As you have more people who know the inner workings of a company who are laid off in a soft economy, you will see more of them piecing together circumstances to support a whistleblower claim."
Jon Dean, Health Care Litigation, HR & Employment Litigation, Trial
Lisa A. Linsky was mentioned on February 25 by Echelon Magazine regarding her appointment as McDermott Will & Emery's first partner-in-charge of firm-wide diversity. Ms. Linsky created and has chaired McDermott's innovative Lesbian, Gay, Bisexual and Transgender (LGBT) Diversity Committee since 2006, and will continue to do so. To view the entire article click here.
Jeffrey E. Stone was quoted on February 25 in The Chicago Daily Law Bulletin regarding the Chicago Bar Foundations (CBF) Investing in Justice Campaign. Mr. Stone, partner and head of McDermott's Trial Department, will chair CBF's 3rd Annual Investing in Justice Campaign this March. Mr. Stone asked, "If not us, who?" He continued, "Lawyers and the legal community in general probably have the greatest insight into the need for the provision of legal services."
Jeffrey E. Stone, Pro Bono & Community Service, Trial
Jeffrey E. Stone was mentioned on February 23 in The Chicago Tribune regarding the Chicago Bar Foundation's (CBF) Investing in Justice Campaign. Mr. Stone, partner and head of McDermott's Trial Department, will chair CBF's 3rd Annual Investing in Justice Campaign this March.
Jeffrey E. Stone, Pro Bono & Community Service, Trial
Jeffrey E. Stone was quoted on February 18 in The Am Law Litigation Daily regarding the Chicago Bar Foundation's (CBF) Investing in Justice Campaign. Mr. Stone, partner and head of McDermott's Trial Department, will chair CBF's 3rd Annual Investing in Justice Campaign this March. Mr. Stone commented, "The need for legal aid is skyrocketing," he continued, "and the sources are increasingly stressed." To view the entire article click here.
Jeffrey E. Stone, Pro Bono & Community Service, Trial
Margaret H. Warner was quoted on February 4 by Law360 in an article regarding whether federal funding should be provided for national catastrophe funds. Ms. Warner noted that the idea of a fund draws from an age-old insurance concept. "Any insurance-related mechanism is about spreading the risk. By definition, there is always going to be some type of subset subsidizing some others. That is the very nature of spreading the risk," she said. She added that because catastrophes are unusual, they may require an unusual solution. "There certainly are many unique aspects of catastrophes, and absolutely the extent of the resources that are called upon in these situations make it important to do things outside the norm. We have to find a mechanism to handle these large catastrophe situations so that there can still be an incentive to do business in some of these prone locations," she said.
Margaret H. Warner, Insurance, Trial
M. Miller Baker was quoted on March 3 in Law360 regarding the Arthur Anderson LLP et al. v. Wayne Carlisle et al., 08-146, in the U.S. Supreme Court. The appeal was brought by Arthur Anderson LLP and others on the issue of whether a litigant not party to an arbitration agreement can appeal a federal court decision refusing to stay the litigation pending arbitration. Mr. Baker, who represented Arthur Anderson in the appeal, "said the courts have long recognized that litigants who are not party to an arbitration agreement but are 'otherwise entitled to enforce the agreement' are able to seek and obtain stays under Section 3. Under that section, litigation must be stayed if the issue in suit is 'referable to arbitration under such an agreement.'"
M. Miller Baker, Appellate, Trial
Russell Hayman and Jon Dean were quoted in the February 1 issue of Corporate Counsel in their co-authored article regarding how employers should handle the departure of an employee with caution.
Jon Dean, Russell Hayman, Health, Trial
Nancy G. Ross was quoted on January 21 by Law360 in an article regarding the number of ERISA lawsuits in 2008, which leveled off after steadily declining since 2004. Many lawyers suspect that the decline in filings over the years may be due to plan administrators' good management. "They are paying more attention to administrative appeals, reconsidering denials, and I think that may be one area where there has been a decline," said Ms. Ross. Ms. Ross noted, however, that as plans allow participants more control over investment choices, the number of ERISA suits will increase as stock values drop. "If people are given a lot more options, you will have some people who want to blame someone for poor returns," she said.
Nancy G. Ross, Employee Benefits Litigation, Trial
Jeffrey F. Webb was quoted on January 20 by Law360 in an article regarding the rise in Americans with Disabilities Act (ADA) cases filed in the U.S. courts over the past several years. Some lawyers attribute the increase to anticipation of the ADA Amendments Act, legislation that will overturn several Supreme Court rulings that narrowed the class of people considered disabled by the law. "Even if the changes weren't more pro-employee, the fact that they are including new language in the statute encourages lawyers to litigate and get the court to interpret the new language," said Mr. Webb.
, HR & Employment Litigation, Trial
Lazar P. Raynal was interviewed on January 19 by Chicago Lawyer. Mr. Raynal noted that the biggest legal news right now relates to the fallout from the financial crisis. "[The crisis] is exposing significant companies to bankruptcy and default issues, as well as suits for negligence and lack of due diligence. McDermott is particularly busy assisting companies with these thorny issues," he said. When asked what he finds most interesting about his practice, he noted, "My practice allows me to learn new things about businesses and industries. I take the new things I've learned, then figure out how to use that information to win for my clients."
Steven S. Scholes was quoted on January 14 by Law360 in an article regarding the decreasing number of securities litigation cases filed over the past few years. Mr. Scholes noted that the 1998 Securities Litigation Uniform Standards Act (SLUSA) pushed securities class actions into federal courts, thereby eliminating many follow-on state court securities claims. "That phenomenon has made the process much more efficient," said Mr. Scholes. He noted, however, that the number of cases filed will likely increase due to the financial crisis. "I think that it's increasing and will continue to increase. And frankly, I don't think there's much doubt about that," he said.
Steven S. Scholes, Securities Litigation, Trial
Jeffrey E. Stone was quoted in the January 5 issue of Inside Counsel regarding in-house counsel's role in detecting and preventing corruption within their organizations. He noted that the penalties are harsh for corporate individuals found guilty of corruption. "It could be jail time for individuals—massive fines and even debarment for the company. If you're a health care company and you lose your Medicare provider number, it's pretty tough to exist," he said. "Experienced lawyers know that the way to take the sting out of an allegation is to deal with it head on. Now, there's nuance to that. You don't necessarily walk in and tell the government everything that you've discovered that has gone wrong if you don't think the government is likely to find that out. On the other hand, if the government is likely to explore an issue, ignoring the totality of the circumstances is playing with fire," he added.
Jeffrey E. Stone, Trial, White-Collar & Securities Defense
2008
Amandeep Sidhu is quoted in a December 2008 Virginia Lawyer article about diversity in the Virginia Bar. Mr. Sidhu was a teenager living in Virginia when he began wearing a turban as a symbol that he had adopted the Sikh faith, and he has continued to do so as a practicing lawyer. He states that a Sikh American "may feel at a young age, 'How could I possibly practice law wearing the turban?'" But having learned to carry himself with "confidence and strength," he believes that "there is nothing that can stop me from doing what I want to do. I'm able to feel comfortable in my skin." Mr. Sidhu and his wife live in Washington, DC.
Thomas A. Ryan was mentioned in the December 23 issue of the Am Law Litigation Daily in an article regarding Judge Philip Gutierrez's dismissal of a class action brought against Amgen, DaVita and Fresenius Medical Care North America. The plaintiffs, seven health benefit plans, claimed that the defendants promoted off-label uses of several Amgen drugs. Judge Gutierrez agreed with the defendants' argument that the case was an impermissible attempt to bring a private cause of action under the Food, Drug and Cosmetics Act. Only the FDA has the authority to bring such actions. Mr. Ryan represents Davita in the case.
William P. Schuman was quoted on December 19 by Law360 in an article regarding experts' predictions that the economic crisis may lead to a rise in legal malpractice lawsuits. He stressed the importance of screening clients to ensure that they are not involved in questionable activities, that they don't have a history of suing their lawyers and that they are able to pay their legal bills. "Do some background checking to determine whether it's someone you want to represent," he said. Mr. Schuman added that it is also important to efficiently record time spent on client matters, noting that McDermott requires its lawyers to record time within three days of performing the work. "We believe that's important, because if lawyers get lazy and wait two weeks, the accuracy of reporting has to suffer. And if there's ever a quarrel with the client, demonstrating that you were timely in recording helps," he said.
William P. Schuman PC, Professional Responsibility, Trial
Jeffrey Stone and Jocelyn Francoeur were mentioned on November 26 by The Am Law Daily regarding their roles as pro bono prosecutors for the U.S. government in a case referred to them by Judge Kennelly. "[W]hile this certainly wasn't the crime of the century, I'd never [been a pro bono prosecutor] before so it seemed like something worth pursuing," said Mr. Stone. In a bench trial before Judge Kennelly, Mr. Stone and Ms. Francoeur prosecuted a woman on charges of contempt of court and obstruction of justice after she threatened a witness during her brother's criminal trial. Mr. Stone said the case was "an interesting psychological experience. Since 1991, I've probably spent at least 50 percent of my time looking for defenses or mitigating circumstances. On an emotional level, this was a more difficult balance than I thought it was going to be."
Jocelyn D. Francoeur, Jeffrey E. Stone, Pro Bono & Community Service, Trial
Russell Hayman was quoted in the December 8 issue of American Medical News in an article regarding physicians being seldom named in false claims cases but are often in a position to blow the whistle on fraud that they observe. "Health care services account for roughly 10% of the nation's gross domestic product. Put that together with the fact it is so heavily regulated by the federal government and states, and you have a recipe for False Claims Act activities on the scale we've seen in recent years," Mr. Hayman said.
Russell Hayman, Health, Health Care Litigation, Trial
Jeffrey E. Stone was quoted in the December issue of Inside Counsel in an article regarding former McAfee general counsel, Kent Roberts', high-profile options backdating trial. The jury found that Roberts' actions did not meet the threshold for criminal intent. "This was under the white spotlight - an issue that drew intense investigative pressure. In a case like this, where apparently the evidence suggested that there was no intent to commit a crime, the jury ferreted that out. They really focused on the facts of this specific case," said Mr. Stone.
Jeffrey E. Stone, SEC Defense, Trial, White-Collar & Securities Defense
Thomas O. Bean was quoted in the November 21 issue of the Boston Business Journal in an article regarding a rise in personal bankruptcy filings in eastern Massachusetts. Mr. Bean noted that because high credit card debt is likely a factor in the Chapter 7 filings, retailers may experience more problems after the holiday season. "It’s just the beginning right now. I expect the number of filings to increase during the first and second quarter of next year. Consumers, who are in fear of losing their jobs, are going to be spending less," he said.
, Restructuring & Insolvency, Trial
Steven S. Scholes was quoted on November 11 by Law360 in an article regarding the greater level of regulation expected under Obama's Securities Exchange Commission (SEC). Mr. Scholes noted that the current enforcement staff has suffered from low morale under Christopher Cox's leadership and from signals sent by the Bush administration. He added that while the number of cases pursued by the SEC has increased, the cases tend to be small and focused on individuals rather than companies. "A new chairman, for example, who has a more aggressive bent toward enforcement can certainly cause the current staff to be much more aggressive and robust," he noted. "I think that it is very easy to understand the case that additional regulation is needed given what we've been through this year to date," Mr. Scholes added.
Steven S. Scholes, SEC Defense, Trial
Russell Hayman was quoted in the November 1 issue of Healthcare Risk Management in an article regarding Staten Island University Hospital agreeing to pay $89 million in a False Claims Act settlement. "The SIUH case involved essentially three allegations," he said. "The lawsuits asserted that the hospital provided care in unlicensed beds, miscoded uncovered cancer therapies as covered therapies in order to obtain payment, and claimed an inflated number of medical residents in order to obtain graduate medical education expenses," Mr. Hayman said.
Russell Hayman, Health, Trial, White-Collar & Securities Defense
Edward P. Leibensperger was mentioned in the October 27 issue of Massachusetts Lawyers Weekly and the November issue of Metropolitan Corporate Counsel. Mr. Leibensperger recently became treasurer of the Boston Bar Foundation.
, Trial
Jason A. Levine was quoted on October 24 by Law360 in an article regarding nuisance-value lawsuit settlements. A nuisance-value lawsuit is a case in which a litigant brings a tenuous claim and then offers to settle the case for less than it would cost the defendant to litigate the matter. Mr. Levine noted that while a nuisance-value settlement may cost less than litigating the matter at hand, it can lead to additional lawsuits. "You have to think about the precedent being set. It's really a complicated calculus a company has to make about whether a nuisance-value settlement makes sense," he said.
, Intellectual Property, Trial
Paul Thompson was quoted October 23 by Am Law Daily regarding a New Jersey school district's decision to ban Marcus Borden, a football coach, from leading pre-game prayers with his team due to a possible First Amendment violation. The district also banned Borden from kneeling and bowing silently during his players' prayers although he was no longer leading them. Borden subsequently sued the school district and won at the federal district level. The U.S. Court of Appeals for the Third Circuit overturned the decision, citing the Establishment Clause, but lawyers are working pro bono to bring the case before the U.S. Supreme Court. Mr. Thompson noted that Borden's case is tricky because kneeling and bowing would likely have been constitutional had his older approach of leading the prayers not been a clear violation. "It's like a Scarlet E. Once you violate the Establishment Clause, you always do it," he said.
Paul M. Thompson, Pro Bono & Community Service, Trial
Lisa A. Linsky was mentioned in the October 20 issue of the Legal Times in an article regarding law firms' extension of benefits to gay and lesbian employees. Many law firms have established diversity committees, take part in specialized recruitment fairs and extend employee benefits, including medical coverage and survivor pension benefits, to same-sex partners and their children. Ms. Linsky, chair of McDermott's LGBT committee, noted that firms have created programs that appeal to gay and lesbian lawyers because they "are represented among the top talent in the country and we want to attract them." She added that "a large component is that this is the right thing to do."
Washington, D.C., trial lawyer Bobby Burchfield was quoted on October 13 in the Legal Times regarding the lawyers in New York and D.C. being called to represent executives and companies involved in the economic crisis. Mr. Burchfield expect the white-collar work to increase as more companies are investigated. "The expertise is located in Washington and will be incredibly valuable to these senior executives," said Mr. Burchfield. He continued, "You need a sophisticated, wise attorney to walk you through the pros and cons of testifying to Congress, and to achieve both goals: not being indicted and not damaging your reputations. It's a difficult balance."
Bobby R. Burchfield, Markets Restructuring, Trial, White-Collar & Securities Defense
Karla L. Palmer was quoted in the October 5 issue of The Washington Post Magazine in an article regarding the improvement of the work/life balance for women in the legal profession. Ms. Palmer became an equity partner with the Firm despite her decision to opt for a reduced schedule. "They said, 'You can do whatever you want, work whatever schedule you want,'" she noted, which allowed her to keep working after having her second child.
, Trial
Gordon A. Greenberg was mentioned in the October 1 issue of The National Law Journal in an article regarding Henry Samueli, co-founder of Broadcom Corporation, whose plea deal was recently rejected by U.S. District Judge Cormac Carney. Samueli, who admitted to making a false statement to the SEC regarding his role with stock options backdating, is appealing the ruling to the 9th U.S. Circuit Court of Appeals. Mr. Greenberg represents Samueli in the case.
Gordon A. Greenberg, Appellate, Trial
Thomas O. Bean was quoted on October 1 by Law360 in an article regarding the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which focuses on speeding up the process of declaring bankruptcy. Mr. Bean noted that the 2005 amendments make it more difficult for debtor companies to extend the time it takes them to approve resales of real estate and leases. "One of the most valuable assets in a retail bankruptcy is the lease," he noted. The amendments give debtor companies only 90 days to approve a lease, and a judge can give a company only one extension. "It forces people to make decisions faster than they should have, or that wouldn't be in the creditors' best interests," added Mr. Bean.
, Restructuring & Insolvency, Trial
Elizabeth B. Herrington has been named one of the "40 Illinois Attorneys Under Forty to Watch" by Law Bulletin Publishing Company, publishers of the Chicago Lawyer magazine and the Chicago Daily Law Bulletin. The publication describes Ms. Herrington as "a skilled attorney with the highest level of integrity" who "is also a true advocate who quickly understands her clients' business objectives and then works collaboratively with clients to achieve them." Ms. Herrington was also recognized for the broad range of cases she wins, including bet-the-company litigation. To view the entire nomination click here.
Elizabeth B. Herrington, Trial
Christopher M. Murphy was mentioned in the September 25 issue of the AmLaw Litigation Daily in an article regarding a nationwide class action brought by Rebecca Siegel and Michael Siegel against major gas producers in the Northern District of Illinois. The Siegels made claims of fraud and unjust enrichment, alleging that the gas companies kept prices high by limiting supply, restricting purchases and falsely advertising that gas supplies were scarce. The Honorable Amy J. St. Eve denied the motion for class certification on the grounds that the claims of fraud and unjust enrichment would differ from state to state, essentially violating the standard for class certification. Mr. Murphy represented Exxon Mobil Corporation in the case.
Christopher M. Murphy, Class Action, Trial
Michael A. Pope was mentioned in the September 23 issue of the Chicago Daily Law Bulletin and the September 25 issue of the AmLaw Litigation Daily in articles regarding a nationwide class action brought by Rebecca Siegel and Michael Siegel against major gas producers in the Northern District of Illinois. The Siegels made claims of fraud and unjust enrichment, alleging that the gas companies kept prices high by limiting supply, restricting purchases and falsely advertising that gas supplies were scarce. The Honorable Amy J. St. Eve recently denied the motion for class certification on the grounds that the claims of fraud and unjust enrichment would differ from state to state, essentially violating the standard for class certification. Mr. Pope represented Exxon Mobil Corporation in the case.
Michael A. Pope PC, Class Action, Trial
Michael S. Nadel was quoted in the September 19 issue of The Washington Business Journal in an article regarding a class action lawsuit filed against the Metropolitan Cooperative apartments in Washington, D.C. Residents filed a class action lawsuit against the cooperative, which recently filed for bankruptcy, alleging that because the building had not been properly converted to a co-op, it did not have the right to collect co-op fees from its residents. "The tenants were paying rent during this whole period of time. They believed they were paying for a lawful conversion and it turned out not to be a lawful conversion," said Mr. Nadel, who represents the residents in the lawsuit.
Michael S. Nadel, Class Action, Trial
Gordon A. Greenberg was mentioned in the September 9 issue of The National Law Journal in an article regarding the U.S. District Court for the Central District of California's rejection of a plea deal between federal prosecutors and Henry Samueli, co-founder and former CTO of Broadcom Corporation. Samueli plead guilty to one count of making a false statement to the SEC regarding his role in stock options backdating. Mr. Greenberg is Samueli's lawyer in the case.
Gordon A. Greenberg, Corporate Responsibility and Governance, Trial, White-Collar & Securities Defense
Jeffrey E. Stone was quoted in the August 2008 issue of California Lawyer in an article regarding California law firms' shift to offering younger lawyers alternatives to the partnership track due to economic uncertainty and the lawyers' desire for a better work/life balance. Mr. Stone spoke about McDermott's staff attorneys who work full time but who are not on the partnership track. "These people are perfectly happy to count hours. What they don't want is all that other stuff that is part of the partnership track - no firm politics, no client development. And our clients get cost efficiency without losing substantive excellence," he said.
Nancy G. Ross was quoted on September 3 by Law360 in an article regarding the connection between ERISA claims and the struggling stock market. Stock price ERISA claims, filed by a company pension or 401(k) plan, allege that a company's fiduciaries encourage employees to imprudently invest in their company's stock. "Where there is a securities case, there is often an ERISA case lurking," said Ms. Ross.
Nancy G. Ross, Employee Benefits Litigation, Trial
Jeffrey F. Webb was quoted in the September 1 issue of CFO Magazine in an article regarding revisions to the Americans with Disabilities Act that could be potentially costly for companies. The Senate is currently considering a bill that would broaden the definition of "disability" to include epilepsy and diabetes and that would give qualifying employees more grounds to request special accommodations and to initiate discrimination suits. "More employees would have a claim, [and] the difference is that they would be far more likely to win," said Mr. Webb.
, HR & Employment Litigation, Trial
Michael W. Peregrine was quoted in the August 29 issue of BNA's Health Care Daily Report in an article regarding the U.S. Department of Justice's revisions to its corporate charging guidelines, which will have particular relevance for health care organizations being investigated by federal prosecutors. While the new privilege policy is significant, Mr. Peregrine said health care organizations should pay special attention to the discussion in the guidance on the role of effective corporate compliance programs in prosecutors' decisions to prosecute health care-related cases. Mr. Peregrine also said that changes announced by DOJ are "excellent reminders that the attorney-client privilege, when properly applied, remains a valuable concept."
Michael W. Peregrine, Corporate Responsibility and Governance, Health, Health Care Litigation, Trial
Nancy G. Ross was quoted in the August 20 issue of Business Insurance in an article regarding the 9th U.S. Circuit Court of Appeals' decision that cash balance pension plans do not violate federal age discrimination law. The court joins four other appeals courts in its decision. "Given the universal conclusion reached by all courts of appeal, notwithstanding their diverse political leanings, this challenge should now be buried once and for all," Ms. Ross said.
Nancy G. Ross, Employee Benefits Litigation, Trial
Kevin M. Bolan was mentioned in the August 4 issue of Massachusetts Lawyers Weekly in an article regarding the Michigan Department of Human Services' agreement to establish a Children's Services Administration as part of a settlement in a federal class action lawsuit. Mr. Bolan served on the McDermott pro bono team that helped to secure the victory for abused and neglected children in Michigan.
Kevin M. Bolan, Pro Bono & Community Service, Trial
Edward P. Leibensperger was quoted in the August 4 issue of Massachusetts Lawyers Weekly in an article regarding the Michigan Department of Human Services' agreement to establish a Children's Services Administration as part of a settlement in a federal class action lawsuit. Mr. Leibensperger led the McDermott pro bono team that helped to secure the victory for abused and neglected children in Michigan. As for taking on the case, Mr. Leibensperger noted "I had indicated my interest in getting involved in a systemic reform case."
, Pro Bono & Community Service, Trial
Jeffrey E. Stone was quoted in the August 1 issue of the Boston Business Journal in an article regarding the rise in legal process outsourcing. Mr. Stone noted that the Firm does not engage in outsourcing but that the addition of lower-paid staff attorneys, who perform routine legal work, has helped cut litigation costs. He added that while the program mirrors the outsourcing trend's appeal of lower prices, it still enables the Firm to retain control over access, quality and security.
Edward P. Leibensperger was quoted in the July 31 issue of the AmLaw Daily in an article regarding the state of Michigan's agreement to overhaul its foster care system as part of a federal class action suit settlement. Mr. Leibensperger led the McDermott pro bono team that helped to secure the settlement. "There were deficiencies in the system that allowed the abuse and neglect to occur and continue," he said of the treatment Michigan foster care children received. He noted that the settlement will bring help to a group typically unable to fight for itself. "It's real change for a whole class of people," he said.
, Pro Bono & Community Service, Trial
Michael D. Kendall was quoted in the July 29 issue of The National Law Journal in an article regarding the Firm's successful bid for lawyers' fees and costs stemming from a recent pro bono case in which the Firm secured rights for two Muslim inmates to receive special meals and prayer privileges while in prison. The Firm will compensate itself for out-of-pocket expenses only and will put the remainder of the fees into its general pro bono account. Mr. Kendall noted that the award will allow the Firm to take on more pro bono cases.
Michael Kendall, Pro Bono & Community Service, Trial
Geoffrey A. Vance was mentioned in the July issue of Law Technology News in an article regarding the Firm's new Electronic Data Management, Privacy & Discovery Practice Group. Mr. Vance co-leads the group which will help clients manage electronically stored information before, during and after litigation.
Geoffrey A. Vance, Electronic Data Management, Privacy & Discovery, Trial
Dana N. Levitt authored an article entitled, "Agreeing to Disagree?" in The Daily Journal. The article discusses the fact that litigants are increasingly fighting aggressively either to get into or out of arbitrations as reflected in the recent increase of state and federal opinions on the enforceability of arbitration agreements. Mr. Levitt describes the impact of various court cases in determining who decides the enforceability of an arbitration agreement.
, Alternative Dispute Resolution, Trial
Nancy G. Ross was quoted in the July 21 issue of Pensions and Investments in an article regarding the 2nd U.S. Circuit Court of Appeals' ruling that cash balance pension plans do not violate federal age-discrimination law. Ms. Ross noted that the appeals court's ruling, coupled with a 2006 federal law that protects new cash balance plans from age-discrimination suits, "should be the death knell of cash balance plan litigation." The rulings "will quash participants' desires to challenge these plans. We haven't seen new litigation in this area for some time," she added.
Nancy G. Ross, Employee Benefits Litigation, Trial
Nancy G. Ross was quoted in the July 9 issue of Business Insurance and the July 11 issue of Workforce Management in articles regarding federal appeals courts' rulings that cash balance pension plans do not violate federal age discrimination law. Ms. Ross noted that the appeals courts' rulings and a 2006 federal law that protects cash balance plans from age discrimination suits "should be the death knell of cash balance plan litigation." She added that the decisions "will quash participants' desires to challenge these plans. We haven't seen new litigation in this area for some time."
Nancy G. Ross, Employee Benefits Litigation, Trial
Jeffrey E. Stone was quoted in the July 7 issue of the San Francisco Business Times in an article regarding law firms' decision to hire contract and staff attorneys as a way to cut litigation costs. Mr. Stone noted that the Firm's staff attorneys are assigned routine tasks and review documents for major litigation cases. "We're finding there is a sustained demand for the work and the pricing flexibility that this gives us with our clients," he said.
Geoffrey A. Vance was quoted in the July 1 issue of California Lawyer Magazine in an article regarding the increasing importance of e-discovery expertise. Mr. Vance, the co-chair of McDermott's new Electronic Data Management, Privacy & Discovery Practice Group, noted that the group was a long time coming. "We had a task force since the late 1990s, but we suddenly had an epiphany: We're proud of our expertise, and decided we should let our current and prospective clients know about that." He added that although the Firm began by promoting its e-discovery services to existing clients, this has changed with the launch of the new practice group. "We have already started to hear from new clients who have asked us for help on these issues," he said.
Geoffrey A. Vance, Electronic Data Management, Privacy & Discovery, Trial
Rory K. Little was quoted in the June 30 issue of The Recorder in an article regarding the U.S. Supreme Court's reversal this term of two opinions from Judge Pamela Rymer of the 9th U.S. Circuit Court of Appeals. Despite the reversals, Mr. Little noted that "Pam Rymer is talked about as a potential Republican nominee to the Supreme Court, and deservedly so. She's a very talented judge."
Bobby R. Burchfield was quoted in the June/July issue of Worth in an article regarding how wealthy citizens who choose public service careers must structure their finances in ways that are solid yet completely transparent. Mr. Burchfield noted that to avoid financial conflicts of interest, those holding public office can recuse themselves from votes or official business that may impact their financial holdings. "The rules say, 'Have you voted or acted on a matter that you reasonably expect to provide to you or someone in your family the prospect of personal gain?' I tell clients that just living up to the letter of the law is not enough. If you’re going to avoid controversy, you have to be cognizant of not just the law but the prevailing standards of ethics within the political community and within the media community," he said.
Bobby R. Burchfield, Elections & Political Law, Trial
Jeffrey F. Webb was quoted in the June 27 issue of Employment Law360 in an article regarding the U.S. Supreme Court's rulings in employment cases during its latest term. Mr. Webb noted that the ruling in Kentucky Retirement System v. EEOC, in which the court held that a retirement plan that uses age as a factor in determining benefits does not necessarily violate the ADEA, was a surprise because three of the court's more liberal justices joined two of the court's more conservative justices in the majority. "That case is an exception. I tried to make some sense of the way the justices split in the case and can't find anything to explain it," he said. Mr. Webb also noted that the court's recent pro-employee decisions are likely not reactions to criticism the court received for its pro-employer decisions issued during the previous term. "I don't think justices are so easily swayed by the reactions to their decisions."
, Appellate, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
Lisa A. Linsky was quoted in the June 27 issue of the New York Law Journal in an article regarding a suit against the federal government on behalf of Gary Day, a disabled gay father whose requests for financial assistance for his two children have been repeatedly ignored. Ms. Linsky, Todd A. Solomon, Amy M. Gordon, Daniel A. Mullen and Robin L. Zimmerly have teamed with Lambda Legal to represent Mr. Day in the case. Ms. Linsky noted that Mr. Day and his children "meet all the requirements that the agency needs to provide benefits" and that the Social Security Administration's delayed response "is unwarranted and prejudicial" and "constitutes blatant discrimination."
Amy M. Gordon, Lisa A. Linsky, Todd A. Solomon, Trial
Michael Kendall was quoted on June 12 in Massachusetts Lawyers Weekly regarding the increase in class-action litigation, a sizable percentage of which defense lawyers and their clients claim lacks merit. Mr. Kendall noted that many law firms file cases and take "The position that they will just see what happens. It's a huge business where if you prevail in one out of every 20 cases, the payoff is going to be so high that what we've seen is there are a lot of plaintiffs willing to play that percentage." He added that just getting to the class-certification stage of a case can be cost-prohibitive. "I'm not disputing that some of these cases are very meritorious, but if you were to have some sort of control over the numbers, I think you'd see that there are a lot of misses for every hit. What people don't always realize is that a miss costs the client a lot of money to defend, even if they have done nothing wrong."
Michael Kendall, Class Action, Trial
Linda M. Doyle was quoted in the June 13 issue of Employment Law360 in an article regarding employers’ implementation of four-day, 10-hour-per-day workweeks in response to rising gas prices. Ms. Doyle noted that some employees may become disgruntled over a change in schedule if they have commitments that make 10-hour days more difficult. "The most significant issue is child care, where an employee has to pick up a child at 5:30 but now they would have to work until seven. Extra daycare can be very expensive," she said.
Linda M. Doyle, Labor & Employment, Trial
Jeffrey F. Webb was quoted on June 12 in Massachusetts Lawyers Weekly. Mr. Webb noted that many companies agree to settle due to the high costs of reaching the class-certification stage. "Anybody who's been down this road before knows how much money it costs just to get to the class-certification stage....so you can understand why companies agree to settle. It definitely has happened that clients who have faced significant class-action litigation have had to declare bankruptcy even long before the point the determination is made of whether they did something wrong," he said. He added that with plaintiffs' lawyers in Massachusetts taking advantage of the Wage and Hour Act, the situation is not expected to improve for corporate clients. "It is a very significant concern because most of these class-action settlements become public where people see the results..." he said.
Steven S. Scholes was quoted in the June 11 issue of Fortune Magazine in an article regarding the Commonwealth of Massachusetts' claim that Phil Goldstein, a hedge fund manager, violated rules prohibiting the marketing of hedge funds to average investors. In response, Goldstein and his firm filed suit in March 2007 against the secretary of the Commonwealth, claiming that the secretary had violated Goldstein's right to free speech. Mr. Scholes noted that if Goldstein wins his case, changes will likely be made in how hedge funds raise capital. "You would see more advertising in every imaginable form, especially by smaller, less established, and possibly riskier firms that need more capital. It would benefit them much more than the big houses," he said.
Steven S. Scholes, SEC Defense, Trial
Lisa A. Linsky was quoted in the June 10 issue of The Legal Intelligencer in an article regarding how summer associates can make the most of their experiences. Ms. Linsky noted that summer associates provide a fresh perspective that is both appreciated and welcome at McDermott. She started the Firm's LGBT Diversity Committee in response to summer associates' questions about whether the Firm had gay attorneys with whom students could speak about sexual orientation issues. "The committee has completely enhanced the culture of the Firm, and the collegiality of the attorneys and staff," she said. "This is the sort of opportunity that connects you and roots you to a firm. It enables you to establish relationships with colleagues from all over the world, not just your home office," she added.
Daniel E. Alberti was quoted in the June 2 issue of the Daily Journal in an article regarding Redwood City students’ recent participation in mock trials at the San Mateo County Courthouse. Mr. Alberti and nine other McDermott Will & Emery lawyers participated in the program which trained teams of 10 to 12 students from McKinley Institute of Technology, Campbell Middle School and Kennedy Middle School, on the basics of being a trial lawyer. "These sixth-graders absorbed this like a sponge. You see these kids where the most they know of law is 'Law and Order' and they take this case and learn how to frame questions," he said.
Rory K. Little was quoted on May 29 by California’s KCBS radio station in a story regarding track coach Trevor Graham’s conviction on charges stemming from the BALCO investigation. Graham was found guilty of lying to federal investigators about his relationship with steroids dealer Angel Heredia. Mr. Little noted that this recent conviction may be an indication of what will happen with Barry Bonds. "It does...increase the government’s leverage, in the sense that they’ve now gotten a couple of convictions and some guilty pleas. Their cases seem to be hanging together against their defendants, even though this one was a mixed verdict," Mr. Little said.
Lisa A. Linsky was quoted on May 28 by ProudParenting.com in an article regarding Gary Day’s anti-gay discrimination lawsuit against the Social Security Administration (SSA). Day, a disabled gay father, has repeatedly requested SSA assistance for his children, but his requests have been ignored for two years. Ms. Linsky, co-counsel for Day, noted that "The SSA is putting these children at a disadvantage by being unresponsive to Mr. Day's request. He and his children meet all the requirements that the agency needs to provide benefits. Delaying a response to their request for assistance for over two years is unwarranted and prejudicial to these children."
Joel G. Chefitz was quoted in the May 28 issue of Global Competition Review in an article regarding a settlement the National Association of Realtors (NAR) recently reached with the U.S. Department of Justice that increases competition between online and office-based residential real estate brokers by giving internet-based brokers access to multiple listing services they were blocked from accessing. He noted, however, that the settlement will likely bring "only modest benefits" for online brokers. "My understanding is that NAR suspended the challenged restrictive policy in 2005 after the DoJ filed suit, and the settlement appears to make that suspension permanent. Notwithstanding the relaxation in policy since 2005, commissions reportedly have held steady and online brokers still account for less than 10 percent of the market. Consumers apparently prefer flesh-and-blood agents to the virtual variety," he said.
Joel G. Chefitz, Antitrust & Competition, Trial
Jeffrey F. Webb was quoted in the May 16 issue of The Boston Globe in an article regarding a California Supreme Court ruling that struck down the state's ban on same-sex marriage. Mr. Webb, a partner in McDermott's Boston office, noted that the ruling could reduce Massachusetts' appeal for gay professionals as it will no longer be the only state that allows gay marriage. "There may be some people who will stay put in California or will choose to go to California, because their families are going to have the same kind of protections we have here in Massachusetts," he said.
, Trial
Jeffrey E. Stone was quoted in the May issue of The American Lawyer in an article regarding law firms' use of staff attorneys to improve the cost-efficiency of their practices. Staff attorneys are paid about half the salary of traditional associates and handle the routine and labor-intensive work for large litigations. Regarding McDermott's use of this new tier of associates, Mr. Stone said, "Clients are looking to us to come up with responses to the increasing cost of litigation. We're trying to create increasing options for them and for us."
Dana N. Levitt was quoted in the May 13 issue of The Daily Journal in an article entitled, "Arbitration Strategy Forces Attorneys to Race the Clock." The article discusses the growing arbitration technique whereby both sides voluntarily agree to fixed time limits to present their cases. Mr. Levitt recounted, "From the moment the panel decided to use a chess clock and allot time equally, I said to myself, 'The last thing I want to do is get to the end of the case and not have enough time.' So I trimmed my witnesses, and shortened the length of my examinations and was careful in my cross not to flip down rabbit trails." He added that his clients tend to favor this arbitration technique. "What are clients concerned about?" Mr. Levitt asked. "What they are most concerned about at the moment is the inexorable length of complex commercial arbitration."
, Alternative Dispute Resolution, Trial
Lisa A. Linsky was mentioned in the May 12 issue of New York Lawyer in the publication’s NY Lawyers On the Move section. Ms. Linsky’s election as Board Secretary and member of the executive committee of Lambda Legal’s Board of Directors was noted.
Lisa A. Linsky was mentioned in the May 12 issue of the New York Law Journal and the May 6 issue of Echelon Magazine in an article noting her recent election as Board Secretary and member of the executive committee of Lambda Legal's Board of Directors.
Peter J. Sacripanti was quoted in the May 8 issue of The New York Times and the May 9 issues of The International Herald Tribune and Newsday in articles regarding the $423 million settlement of a lawsuit brought by public water providers against some of the nation's largest oil companies. The water providers claim that the gasoline additive methyl tertiary butyl ether contaminated groundwater. As ExxonMobil's lawyer, Mr. Sacripanti noted that Exxon did not agree to the deal and does not plan to settle. "Exxon's position is very simple. When it engages in conduct that injures people, it pays recompense for that. In all these cases, our conduct did not cause injury, or cause damages. Our conduct was lawful," he said.
Peter John Sacripanti, Environmental, Trial
Nancy G. Ross was quoted in the May 5 issue of The National Law Journal in an article regarding so-called hidden fees in 401k retirement plans. Plaintiffs claim it is difficult for participants to compare costs among similar plans because they see management fees as lump sums that include costs of services from different providers. Ms. Ross, who is defending Northrop Grumman in two class actions, believes that it will be difficult for plaintiffs to prove a company's negligence over excessive 401k fees, even if the company could have paid plan administrators less. "It becomes a battle of experts. Just because one expert would have done it differently does not prove the plan administrators did it wrong. Negligence is very hard to prove in the ERISA world," Ms. Ross said.
Nancy G. Ross, Class Action, Employee Benefits Litigation, Trial
Jeffrey E. Stone was quoted in the April 22 issue of the Chicago Tribune in an article regarding Your Witness: Lessons on Cross Examination and Life from Great Chicago Trial Lawyers, a book recently published by two Chicago defense attorneys. As a partner in McDermott's Trial Department, Mr. Stone's thoughts on cross-examination are included in the new book. "Many lawyers fail to recognize the inherent drama built into the key cross. Instead of running away from the drama, I believe that the truly great cross-examiner, like the great athlete or actor, seizes that dramatic moment and puts his or her own stamp on it," Mr. Stone said.
Jeffrey F. Webb was quoted in the April 17 issue of the National Law Journal in an article regarding the passage of a law requiring mandatory triple damages in wage and hour cases in Massachusetts. Mr. Webb commented on the surge in wage and hour cases that the state experienced before the legislation took effect and the likeliness that the new legislation will lead to even more filings. "The difference between now and 2004 is that there's been a real increase in the amount of wage and hour class actions that have been filed, and Massachusetts [now] becomes three times as interesting as it was the year before," Mr. Webb said.
, Class Action, HR & Employment Litigation, Labor & Employment, Trial
Mark Churchill and Karla Palmer are quoted, and Erika Pont is mentioned, in an April 15 Miami Daily Business Review article dealing with the Firm's defense of Mount Sinai Medical Center in a federal court tax controversy. The issue concerns IRS efforts to collect FICA taxes from medical interns and residents at the Miami Beach, FL hospital; the contention is that, as students, they are exempt from FICA. Ms. Palmer called the case "a hot issue" and noted that it "has more of a human element than most tax cases because it deals with what students do on a daily basis." Ms. Palmer added that the interns and residents are students for whom "the patient's bedside is the classroom." Mr. Churchill reinforced that view, saying that the IRS position on taxing residents is "a myopic view that sees participant and patient care as somehow at its root anti-student."
Mark H. Churchill, Erika N. Pont, Trial
Dana N. Levitt was mentioned by the Daily Journal in an April 10 article regarding his selection as a member of The Fellows of the American Bar Foundation, an honorary group consisting of attorneys, judges and law professors who have dedicated themselves to the well-being of their communities and adhered to the legal profession's highest principles.
, Trial
Nancy G. Ross was quoted on April 9 by the Associated Press in connection with the representation she has provided for Chrysler in negotiating a restructure of retiree health benefits with the UAW. A proposed deal would require Chrysler LLC to pay $10.3 billion to a trust that would cover the company's $18 billion in retiree health care obligations. An 11-member committee would run the trust and would include six members selected by the court and five selected by the UAW. Regarding the settlement terms, Ms. Ross said, "We do believe in the light of the uncertain environment that Chrysler is operating that this settlement is the best for all parties."
Nancy G. Ross, Employee Benefits Litigation, Labor & Employment, Trial
Edward P. Leibensperger was quoted on April 4 by the Boston Business Journal in an article regarding lawyers’ increasing use of trial consultants to gather information on jurors, examine evidence and take cases through dry runs. As a partner in McDermott's Trial Department, Mr. Leibensperger noted that trial consultants have been an important part of his work for the last ten years. "For every case going to trial I would use a trial consultant. You can really sharpen your presentation as a result of getting that feedback. It also provides a reality test for your client," he said.
, Trial
Edward P. Leibensperger was quoted on April 1 by the National Law Journal in an article regarding the increasing use of state claims, rather than securities claims, when targeting law firms in cases of corporate wrongdoing. Mr. Leibensperger commented on the turn to state claims, including aiding and abetting breach of fiduciary duty and aiding and abetting fraud. "As plaintiffs turn towards going after professionals, they're going to find that the state causes of action are more accessible to them, and, therefore, will go to them," he said.
, Professional Responsibility, Trial
Steven S. Scholes was quoted in the April issue of CFO Magazine in an article regarding the unpredictably and complexity of going to trial in class-action shareholder lawsuits. As a partner in McDermott Will & Emery's Trial Department, Mr. Scholes noted that despite uncertainty, the rising costs of settling have made going to court more attractive. "The tremendous increase in the dollar value of settlements has greatly altered the economics of securities class cases. You can see how the balance would tip toward going to trial, if you have a good defense," he said.
Steven S. Scholes, Class Action, Trial
“Law Firm Makes History in Muslim Prisoner Court Case”
Boston Business Journal, March 28, 2008
Neal Minahan was cited for his pro bono work under the supervision of Michael Kendall during a four-year representation of two Muslim prisoners that ended with the first U.S. court decision upholding certain religious rights of Muslim inmates. “On a professional level it gave me experience that was very valuable,” Mr. Minahan stated.
Jeffrey F. Webb was quoted in the March 17 issue of the National Law Journal in an article regarding a spike in employment class actions that has led law firms to expand their employment litigation practices. Mr. Webb, who recently joined McDermott's Boston office, noted that companies are now sending high-stakes employment class actions to larger name-brand firms rather than smaller employment boutiques. General counsel facing federal class actions choose larger firms because they "don't want to be second-guessed by their board," Mr. Webb said.
, Class Action, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
Michael D. Kendall was quoted in the March 13 issue of the National Law Journal in an article regarding Judge Richard G. Stearns' ruling that the Massachusetts Department of Corrections must make dietary and prayer service accommodations for two Muslim inmates. As the prisoners' pro bono counsel, Mr. Kendall noted that this case is one of only a few that have gone to trial since the Religious Land Use and Institutionalized Persons Act of 2000 took effect. "Prisoner cases are very tough to win. Sometimes the facts haven't been developed from the beginning and sometimes clients don't know how to present their claim. This case was won on the strength and sincerity of the prisoners who were bringing it," Mr. Kendall said.
William P. Schuman was quoted extensively in the March 5 issue of the ABA/BNA Lawyers' Manual On Professional Conduct in an article regarding his presentation at the 2008 Legal Malpractice and Risk Management Conference held February 27 to 29, 2008, in Chicago, Illinois. Mr. Schuman’s presentation discussed the risks and legal exposure for attorneys arising out of their representation of multiple clients in complex transactions.
William P. Schuman PC, Professional Responsibility, Trial
Jeffrey F. Webb was quoted in the March 3 issue of the Boston Business Journal regarding the movement of same-sex couples to Massachusetts where laws recognize same-sex marriages and offer same-sex couples legal rights and spousal health benefits. Mr. Webb relocated to Boston to live as a legally married couple with his life partner, Mark Schuster, and the pair's twin sons. Regarding their 2004 marriage, Mr. Webb said, "That was something that was really important to us."
, Employee Benefits Litigation, Trial
Rory K. Little was mentioned in the February 29 issue of the Daily Herald in an article regarding Barry Bonds' federal indictment for perjury and obstruction of justice. As a former federal prosecutor, Mr. Little said that he would be shocked if U.S. District Court Judge Susan Illston dismissed the federal indictment.
Nancy G. Ross was recognized in the February 2008 issue of Chicago Magazine as one of the Top 50 Women Attorneys in Illinois.
Jeffrey F. Webb was quoted in the February 25 issue of Massachusetts Lawyers Weekly regarding his relocation to Boston to live as a legally married couple with his life partner, Mark Schuster, and the pair's twin sons. A lawyer in California since 1990, Mr. Webb noted that California has a "separate and equal approach to gay relationships; they call it domestic partnerships." Regarding his relocation, Mr. Webb noted that, "For us, it was not a specific legal benefit that we were looking for, it was more the fact of knowing that our family would be treated under the law the exact same way as other families and that we're just another family." As a new partner in McDermott's Boston office, Mr.Webb noted that, "I really wanted to practice at a level I was used to," and that McDermott has, "a similar international presence, the kind of client base, the firm management I found most similar to what I was used to and what I liked."
, Employee Benefits Litigation, Trial
Jeffrey F. Webb was quoted in the February 22 issue of Employment Law360 in an article regarding his recent move to McDermott Will & Emery. "The reason for my move to McDermott was the firm offered the kind of national and international platform that would be terrific for growing my practice," Mr. Webb said. Mr. Webb also noted that his previous experience serving as in-house counsel at Fox has given him valuable insight into working with a client base of in-house counsel. "If I'm talking to an in-house lawyer who has to report to a CEO or board of directors, I understand that my role is greater than just getting great results in the courtroom," he said.
, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
Joel G. Chefitz was quoted in a February 8 article published by the Chicago Tribune regarding the urgency felt by bankers and executives to complete complex deals and mergers while President Bush is still in office. Mr. Chefitz stated that the threat of political change can be an effective tactic for accelerating negotiations. "Having been through a lot of mergers, I'd say that those pushing a merger are probably focusing on this being the last year of a Republican administration. That may be more a matter of negotiation than genuine concern," he said.
Joel G. Chefitz, Mergers & Acquisitions, Trial
Russell Hayman has been selected as one of Nightingale's Healthcare News' "Outstanding Healthcare Litigators" for 2007. Mr. Hayman was recognized as having successfully defended a client in a qui tam case regarding allegation of plagiarism with respect to endocrinology data submitted to National Institutes of Health (NIH) in support of an NIH grant application. He was also recognized for having successfully defended a client against claim that genetic research data had been falsified. Mr. Hayman is one of the 12 healthcare litigators throughout the United States to make the list.
Rory Little was quoted in the January 18 issue of The Fresno Bee regarding law enforcement sources' reports that Central Valley's chief federal prosecutor, U.S. Attorney McGregor Scott, is one of the leading candidates to run the Drug Enforcement Administration. "His reputation is that he's a straight shooter," said Mr. Little. "He's right down the line, and people think he's done a pretty good job there." He also added that "it's not that uncommon" for U.S. attorneys to be tapped for bigger jobs, especially during the end of an administration.
Nancy Ross was mentioned in the January 15 issue of Crain's Chicago Business for being named a Leading Lawyer in Employee Benefits Law by www.LeadingLawyers.com.
Jeffrey E. Stone was quoted in the January 6 issue of the Am Law Daily in an article regarding the difficulties facing highly leveraged firms. Several such firms have announced cutbacks, layoffs or have dissolved because clients are cutting costs by assigning contract lawyers or outsourcing routine work overseas. One solution to leverage is cutting salaries for those doing routine work, an idea McDermott implemented when it created its staff attorney program. Staff attorneys are paid much less than associates on the path to partnership. Mr. Stone noted that the Firm's clients receive better value from staff attorneys, rather than contract lawyers, because there is less turnover and the Firm can control quality. "I think there's some sizzle to this idea," he said.
Jeffrey E. Stone is quoted in the January 1 issue of CFO Magazine regarding the Securities and Exchange Commission's backdating charges against Carl W. Jasper, ex-CFO of Maxim Integrated Products. Mr. Stone said that if the case proceeds to trial, Jasper's chances are fairly good. He notes the accounting rule that applies to backdated options, APB 25, is so complex that "the government has the difficult burden of establishing that any individual, CFO or otherwise, had the requisite understanding of those accounting rules at the time the events happened."
Jeffrey E. Stone was quoted in the January 2008 issue of CFO Magazine in an article regarding the Securities and Exchange Commission's backdating case against Carl W. Jasper, ex-CFO of Maxim Integrated Products. Mr. Stone stated that Jasper has a good chance of defending himself against accusations of backdating options if the case proceeds to trial. Because the accounting rule that pertains to backdated options, APB 25, is so complex, "the government has the difficult burden of establishing that any individual, CFO or otherwise, had the requisite understanding of those accounting rules at the time the events happened," Mr. Stone said.
Jeffrey E. Stone, SEC Defense, Trial
Michael W. Weaver was mentioned in American Lawyer's January 2008 issue, in an article discussing clerkship opportunities in the South Pacific. The legal systems in these territories are similar to the U.S. system and appeals from their courts usually rest with U.S. courts. Therefore, many of these territories welcome American law students to work in their courts as clerks and counsel. Mr. Weaver spent last year as a law clerk at the High Court of American Samoa.
Michael A. Pope was quoted in the January 1 issue of Law360 regarding the presidential candidates' lack of discussion about their plans concerning regulation and litigation. He noted that nearly all of the presidential candidates have law degrees, so they likely have opinions on the matter, but they have remained largely silent because the issue does not currently resonate with voters. "I don't see it being an issue in the campaign for president hardly at all," Mr. Pope said.
2007
The Washingtonian released its fifth list of "Big Guns" in the December 2007 issue. The Washingtonian selects "Big Guns" based on peer recommendations and follow-up interviews. The following McDermott lawyers were named "Big Guns": Bobby R. Burchfield, Joel M. Freed and Blake D. Rubin.
Bobby R. Burchfield, Joel M. Freed, Blake D. Rubin, Intellectual Property, Tax, Trial
Abbe David Lowell was quoted in the December 22 edition of the New York Times regarding whether the C.I.A.'s withholding of videotapes documenting the interrogations of two al Qaeda operatives violated federal law. Mr. Lowell said the question of whether the agency had broken the law by omitting mention of the videotapes was "pretty complex," but said he "wouldn’t rule it out." Mr. Lowell also said that because the requests were not subpoenas issued by a court or Congress, C.I.A. officials could not be held in contempt for failing to respond fully. Apart from that, however, it is a crime to make a false statement "in any matter within the jurisdiction of the executive, legislative or judicial branch," Mr. Lowell remarked.
, Trial
Raquel "Rocky" Rodriguez was mentioned in the November 15 issue of Florida Bar News to announce her appointment to the Southern District of Florida's Federal Judicial Bar and Community Liaison Committee by U.S. District Court Chief Judge Federico A. Moreno.
, Trial
Joel G. Chefitz was quoted in a November 15 article published by the Chicago Tribune regarding rumors of a possible merger between United Airlines and Delta Air Lines. A major shareholder of both airlines sent a letter urging Delta to pursue a merger with United's parent company, UAL Corp. Although both sides deny that a deal is being negotiated, Mr. Chefitz noted that if the airlines can show that a merger would significantly reduce operating costs in the face of astronomical fuel prices, they would have a very persuasive argument for gaining approval from federal antitrust authorities. "I think the climate for getting an airline merger through right now is a lot better than it was when United failed to acquire US Airways," Mr. Chefitz said. Mr. Chefitz was also quoted in The Providence Journal on November 16.
Joel G. Chefitz, Airport & Aviation, Mergers & Acquisitions, Trial
Rory Little was quoted in a November 15 issue of Inside Bay Area regarding Barry Bonds' indictment on perjury charges. In a five-count indictment, federal prosecutors charged Barry Bonds with perjury and obstructing justice in connection with his December 2003 testimony to a grand jury. "These are hard cases to prove," Mr. Little said. "The government has got to prove that he lied. That's going to be a very difficult thing for them to do."
Rory Little, Sports & Entertainment, Trial
On November 12 the Los Angeles Daily Journal highlighted the McDermott Will & Emery litigation team, which received the Pro Bono Services Award at the Legal Aid Foundation of Los Angeles Access to Justice Dinner. Firm Chairman Harvey Freishtat, along with the McDermott litigation team, were photographed receiving the award.
Harvey W. Freishtat, Pro Bono & Community Service, Trial
Rory Little was quoted in a November 4 article published by the Los Angeles Times regarding the federal corruption probe of state Senate President Pro Tem Don Petras. Mr. Little commented on the investigation after a grand jury issued subpoenas and agents have collected additional records in the federal investigation. "Allegations swirl around political figures all the time, and the U.S. attorney's offices and the FBI look into some of them and often conclude there is nothing to do…You do not go up against a prominent politician until you have proof beyond a reasonable doubt," he said.
Stephen M. Ryan was mentioned in a November 1 article published by The New York Times regarding Blackwater Wordwide's hiring of some of the top Washington, D.C. lawyers in order to mount an aggressive legal, political and public relations counterstrike. Mr. Ryan is one of Blackwater's lawyers due to his reputation as being one of the top white collar defense lawyers as well as his experience as a former general counsel of the Senate Governmental Affairs Committee.
Stephen M. Ryan, Government Strategies, Trial, White-Collar & Securities Defense
Steven S. Scholes was quoted in the November/December issue of Corporate Board Member regarding updates on directors' and officers' insurance. Mr. Scholes discussed how although there is no rule to how much D&O coverage a company should carry, many organizations are underinsured. Mr. Scholes stated that your company should ask, "how it decided what limits to purchase and what the typical settlement values are for comparable-size companies in the same industry."
Steven S. Scholes, Insurance, Trial
Eugene I. Goldman was quoted in an October 19 article published by Registered Rep Magazine regarding whether it is better to fight than to make a deal with the Financial Industry Regulatory Authority (FINRA). A recent analysis indicates that litigating against the FINRA enforcement division would achieve better results in comparison to the relief sought by FINRA staff. Mr. Goldman did a study in 1998 and 2000 that showed enforcers at the SEC often lose cases heard by their own administrative law judges. The recent FINRA analysis shows hearing panels often reduced suspension periods and reduced requested bars to suspensions. "One of the most important things to a broker and the employer is whether they have to 'take a vacation,' as we call it," said Mr. Goldman. "It does appear that this is an area where it may be worth fighting. But the key missing ingredient is what the settlement posture was before it went to hearing."
Eugene I. Goldman, SEC Defense, Trial
Paul M. Thompson was quoted in an October 17 article published by Roll Call regarding attorney general nominee Michael Mukasey's confirmation hearings over whether he would enforce contempt of Congress citations that could still be issued in the U.S. attorneys investigation. As a former Republican Judiciary Committee counsel, Mr. Thompson commented on the hearing regarding the extent to which Congress will assert itself over the executive branch. "The question will be for certain members of the Judiciary Committee whether they won their political victory when Attorney General Gonzales resigned and whether they feel pursuing this has some political value to them," Mr. Thompson said.
Paul M. Thompson, Government Strategies, Trial, White-Collar & Securities Defense
Thomas A. Ryan was quoted in an October 9 article published by the Burbank Leader regarding the approval of Bob Hope Airport's project proposal for a new baggage-inspection facility. Although the Burbank City Council wants to know more information before granting approval, Mr. Ryan stressed that there is no legal impediment to construction. He cited the development agreement between the city, along with having directive from Transportation Security Administration as reasons the project is permitted.
Steven S. Scholes completed a Q&A on October 8 published by Securities Law360 regarding his work in white-collar and securities law.
Steven S. Scholes, SEC Defense, Trial
Bobby R. Burchfield was quoted in the October issue of Washington Lawyer regarding whether there should be a reform in the electoral system as the nation prepares for the 2008 presidential election. Mr. Burchfield commented on his support of the electoral college and why changing to national direct elections may not be the answer. "It doesn't persuade me that the system is bad, to say that sometimes the system produces a result that a different system would produce differently," he stated. Mr. Burchfield further commented on the shift that would result if national direct elections for presidential campaigns became the standard. "The popular vote would tend to push candidates into population centers. They would have to go where the people are rather than allocate their campaigns throughout the country," he said.
Bobby R. Burchfield, Elections & Political Law, Trial
Rory Little was quoted in a September 26 article published by the Associated Press regarding fundraiser, Norman Hsu, who is currently in jail due to his alleged Ponzi schemes. Mr. Little commented on the debate as to whether he should be in state or federal custody. "The normal rule is if you have the body, you have primary custody. The state has primary custody," Mr. Little said.
Margaret Warner was profiled in "Sources Revealed: Trying Cases" published in the September 21 issue of the Washington Business Journal.
Margaret H. Warner, Insurance, Trial
Michael S. Sommer was quoted in a September 18 article by The Christian Science Monitor regarding President Bush's decision to nominate Michael Mukasey as his next attorney general. Mr. Sommer commented on the retired judge, stating that he never showed any sense of partisanship. "He is extremely bright and hardworking. Politics was not an issue in his courtroom," Mr. Sommer said.
, Trial
Jocelyn D. Francoeur was mentioned in a September 18 article by the Chicago Daily Law Bulletin regarding the 7th U.S. Circuit Court of Appeals decision to issue a new trial to Felix Vasquez - Ruiz. Ms. Francoeur argued the case before the 7th Circuit on behalf of Mr. Vasquez - Ruiz.
Jocelyn D. Francoeur, Pro Bono & Community Service, Trial
Rory Little was quoted in a September 15 article by Manila Standard Today regarding the tug-of-war a federal judge is going through in considering whether to grant bail to a California man who has been accused of having ties to terrorist groups. Mr. Little reinforced a 1984 bail reform law which stated that people charged with a violent crime, those charged with an offense for which the maximum sentence is death or life imprisonment or those who pose a serious flight risk are the only people who can be held without bail. "Congress has not written a law saying all people with terrorism offenses must be detained or that terrorism cases must be tried differently," Mr. Little said.
Michael A. Pope, PC was quoted in a September 5 article by Riverfront Times regarding Amiel Cueto's defamation lawsuit against The Madison -St. Claire Record, where the small daily newspaper issued a non-bylined column entitled "Pulling strings?" that stated Cuerto had been seen at a meeting of St. Clair County judges. Mr. Pope referred to a letter that was published by the paper after the article was distributed which was signed by a number of judges stating that the meeting never took place and that Cuerto had never been invited or attended a Circuit Judge meeting. "I don't know what to make of the [judges'] letter. Is it correct but slightly misleading to say that on the nineteenth no one had a meeting there? That's something that people will have to judge for themselves," Mr. Pope said.
Steven S. Scholes was mentioned in the September issue of Leading Lawyers Network Magazine in recognition of being named a top business lawyer in Illinois. This recognition is based on peer nominations.
Michael S. Sommer was quoted in an August 29 article published by Law.com regarding a federal judge's decision to declare a mistrial without polling the jury, which has resulted in the government being barred by double jeopardy from retrying two white-collar defendants. Mr. Sommer commented on the case where his client, Michael DeGennaro, was acquitted of all counts against him. Even though he had requested the polling, the government had opposed it and it was later noted that the panel's deadlock was related to a different client. "We are thrilled the 2nd Circuit's decision bars the retrial and thereby honors the jury's unanimous decision that Michael DeGennaro was innocent. We were troubled that the government did not respect the jury's view of the evidence and instead sought to retry DeGennaro on the basis of the trial judge's error. The circuit's decision puts an end to that effort," Mr. Sommer said.
Trial, White-Collar & Securities Defense
Edward P. Leibensperger was quoted in an August 24 article published by the Boston Business Journal regarding new regulations and expensive lawsuits that have forced corporate directors to assert their independence over managers. Mr. Leibensperger commented on the tension between management and corporate directors in the post-Sarbanes era. "I think the publicity of first the Enron debacle and then Sarbanes-Oxle strengthened a principle that was always there: Outside directors have to be independent," Mr. Leibensperger said.
, SEC Defense, Trial
Michael A. Pope, PC was quoted in an August 21 article published by Product Liability Law360 regarding the growing importance of product liability in international trade. Mr. Pope discussed McDermott's efforts to help international firms comply with regulations and defend themselves against lawsuits by utilizing their strategic partnership with the Chinese law firm, MWE China Law Offices, as well as with their international dispute resolution team. Mr. Pope stated that the cooperation between all of the teams reflects the firm's "corporate culture where people reach out across practice groups." He continued, "It's not just simply going to trial. I think more and more the advice we bring to people will be important."
Michael A. Pope PC, Product Liability, Trial
Jeffrey E. Stone appeared on WTTW11 Chicago on August 21 on a panel discussing the 7th Circuit's decision to affirm the conviction of former Illinois Governor George Ryan. The decision included a strongly worded dissent, and was the subject of widespread media coverage.
Jeffrey E. Stone, Trial, White-Collar & Securities Defense
Steven S. Scholes was quoted in an August 1 article published by CFO Magazine regarding the effect of the Sarbanes-Oxley Act on the relationship between the Securities and Exchange Commission (SEC) and other key players. Mr. Scholes notes that the relationship with the Financial Accounting Standards Board (FASB) is particularly complicated due to a history of being at odds with each other. "It is eminently clear that the SEC is insisting on a seat at the table during the process through which FASB members are nominated. What is not as clear is how the SEC will use that seat," Mr. Scholes said.
Steven S. Scholes, SEC Defense, Trial
Raquel Rodriguez was mentioned in a July 31 article published by the Miami Herald regarding a trademark infringement case over the rights to use the phrase "Miami Fashion Week." Currently three companies refer to their fashion week as "Miami Fashion Week", however Fashion Week of the Americas, represented by Ms. Rodriguez, has brought a lawsuit regarding their rights to this phrase. Ms. Rodriguez stated that her client first used the phrase in 1999 and that the longevity strengthens her case.
, Intellectual Property, Trademark/Brand Protection & Enforcement, Trial
David S. Rosenbloom was quoted in a July 27 article published by The National Law Journal regarding the acquittal of charges against Stora-Enso North America Corp. for price fixing. He stated that his client felt very strongly that the allegations brought against them were false and that they wanted to trust their fate to the justice system, even though most companies will try to cut a deal. "Corporations charged with criminal price fixing rarely go to trial -- much less win. Juries tend to relate more to individuals rather than corporations, so winning an acquittal for a corporation is a rare success," Mr. Rosenbloom said.
David S. Rosenbloom, Trial, White-Collar & Securities Defense
Michael A. Pope was mentioned in the July 24 issue of U.S. Law Week in an article regarding punitive damages being awarded as a result of the Philip Morris U.S.A. v. Williams case. Although the Supreme Court held that jury could not impose punitive damages for injuring persons not before the court, the plaintiff was awarded $79.5 million in punitive damages due to the death of her husband as a result of cigarette smoke. The verdict resulted in confusion over the limits of punitive damages. Mr. Pope stated that when plaintiffs' attorneys are uncertain about a result as to punitive damages, they will place less reliance on that factor in settlements and in their pleadings.
Margaret H. Warner was quoted in a July 17 article published by the U.S. Newswire regarding the filing of a lawsuit against Mayor Michael Bloomberg and WTC Captive Insurance Co., Inc for misusing assets. Ms. Warner emphasized that WTC Captive was created to pay the injured workers claims. "The fundamental purpose behind the creation and funding of [the Captive] is to conserve and disburse its assets in an equitable manner that maximizes compensation to those parties who suffered damage as a result of the WTC site debris removal program," Ms. Warner said.
Margaret H. Warner, Insurance Disputes, Trial
Rory Little was quoted in a July 16 article published by the Associated Press regarding the trial of a New Jersey millionaire based on a controversial law aimed at thwarting "sex tourism" crimes. His trial will be based on crimes committed on foreign soil. "It is a very unusual theory to say that you can prosecute an American citizen in this country for actions taken completely in another country," said Mr. Little. "This is not a crime against America, although it's a crime against universal morality."
Linda M. Doyle was quoted in a July 16 article published by The National Law Journal regarding the use of the "Larson Test" in the Delaware Supreme Court. The case was brought by an employee in a personal injury suit against a co-worker based on injury by horseplay on the job. Ms. Doyle commented that although most states have a variation of the Larson rule, it is difficult for plaintiffs to get third party damages from other employees. "In the Grabowski decision, he got his workers' comp and now he has to show [his co-workers' actions] were outside the scope of employment," Ms. Doyle said. "That inconsistency would not work in all states."
Linda M. Doyle, HR & Employment Litigation, Labor & Employment, Trial
Thomas O. Bean was quoted in a July 13 article published by The Boston Globe regarding Tweeter Home Entertainment Group's acceptance of a $38 million bid for assets from a New York investment firm. Tweeter had filed for bankruptcy protection a month ago and is looking to finalize the bid as early as possible if it is approved by a federal judge. "Under these circumstances it would be atypical for the court to reject the debtor's request," Mr. Bean commented.
, Restructuring & Insolvency, Trial
Peter Sacripanti was quoted in a July 6 article published by Bloomberg regarding Honeywell's decision to use fewer law firms for their legal work so that they can gain volume discounts. Peter commented on McDermott's relationship with Honeywell, which involves handling commercial litigation for the company. "We provide value to Honeywell," Mr. Sacripanti said.
Peter John Sacripanti, Mass & Toxic Torts, Trial
Rory Little was quoted in a July 3 article published by The New York Times regarding a chief judge's filing of a disciplinary complaint against a federal prosecutor in Boston. Rory commented on the unusual dispute that had resulted due to disagreements within the Justice Department regarding the disclosure of documents for trial. "You just don't see this kind of pitched battle. This is very rare, and it looks like a black mark on the department if the facts are as the judge says they are," Mr. Little said.
Gordon Greenberg and Terrence McMahon have been recongnized in the Who's Who Legal: California 2007 edition. Who’s Who Legal: California recognizes 725 leading private practitioners in 25 distinct practice areas. Gordon Greenberg has been recognized for his business crime practice, while Terrence McMahon has been recognized for his patent practice.
Gordon A. Greenberg, Terrence P. McMahon, Intellectual Property, Trial
Rory Little was quoted in a June 24 article published by The New York Times regarding the prosecution of prosecutors such as Michael Nifong in the Duke lacrosse case. Rory commented on why Mr. Nifong's case was such a rare one and why most prosecutors do not face the same legal actions. "It is very hard to get discipline against a prosecutor to stick. The main reason is that it's just to mushy to decide intent," Mr. Little said.
Stephen M. Ryan was quoted in a June 18 article published by Business Week regarding the decreasing supply of Internet Protocol addresses. Mr. Ryan, General Counsel for The American Registry for Internet Numbers (ARIN), commented about the organizations recent campaign trying to persuade legacy holders to deposit unused addresses into a public pool. "There is a moral imperative here. (Legacy holders) have a duty to think about the community's interest as well as their own," he said.
M. Miller Baker, David E. Rogers, Michael S. Nadel, Jeffrey W. Mikoni and Michael T. Graham were mentioned in the June 13 issue of Mealey's ERISA Report for representing Crown Vantage’s bankruptcy trustee in Jeffrey H. Beck v. PACE International Union.
M. Miller Baker, Michael T. Graham, Jeffrey W. Mikoni, Michael S. Nadel, David E. Rogers, Employee Benefits, Trial
M. Miller Baker was quoted in a June 11 article published by Financial Week regarding the Supreme Court's decision to overrule an ERISA claim filed against trustees of bankrupt paper company Crown Vantage. Mr. Baker served as lead counsel for Crown's trustee and saluted the decision, which reversed three lower court rulings. "The decision prevents the union from raiding the company's pension plan," Mr. Baker said.
M. Miller Baker, Employee Benefits, Trial
Stephen M. Ryan was quoted in a June 9 article published by The National Journal regarding attorneys representing corporations and political figures that are facing scrutiny from investigative entities. Mr. Ryan stressed the difference between preparing a witness for a hostile oversight proceeding and taking a client before a hill committee. "On the toughest oversight and investigation hearings, we may spend three days preparing for just three hours [of testimony]" Mr. Ryan explains.
Gordon Greenberg, Russell Hayman and Jonathan Lurie have been recognized as top lawyers in their industry by Super Lawyers in June 2007 as "Southern California Super Lawyers for the Family and Consumer." Mr. Greenberg and Mr. Hayman were recognized in the area of "When Disaster Strikes" and Mr. Lurie was recognized in the area of "Planning Your Future."
Gordon A. Greenberg, Russell Hayman, Jonathan C. Lurie, Health, Private Client, Trial
David S. Rosenbloom was quoted in the May issue of Chicago Lawyer in an article regarding recent, significant trends in the practice of law in Chicago. Mr. Rosenbloom commented on major changes in the field of white-collar defense and also on the increasing diversity of Chicago firms. "I like to think that diversity is not just in response to the urgings of our clients—we recognize the need to always strive for excellence, and the more diverse group is a better group," he said.
David S. Rosenbloom, Class Action, Corporate Responsibility and Governance, Trial
Daniel Curto, Melissa Nott and Heather Sussman have been named Massachusetts Rising Stars by Super Lawyers. This list features the results of a poll determining the most highly recognized lawyers under the age of 40 and was published in the recent issue of Boston Magazine.
Daniel A. Curto, Melissa Nott Davis, Heather Egan Sussman, Corporate, Trial
Michael Pope was quoted in an April 27 Associated Press story on the settlement of a class-action lawsuit brought by about 900,000 physicians against the Blue Cross and Blue Shield Association and 23 affiliated plans. The plans will pay $128 million to settle physicians' claims of unfair payment practices and will make changes to ensure that patients get medically necessary care. Mr. Pope said, "The Blue Cross plans have always worked with their physicians." He was also quoted about the settlement in numerous other publications, including the Chicago Tribune, the Miami Herald and The New York Times.
Michael A. Pope PC, Class Action, Insurance Disputes, Professional Responsibility, Trial
Raquel A. Rodriguez was quoted in the April 8 issue of Miami Herald in an article regarding Florida Governor Charlie Crist's plan to offer the Seminole Indian tribe a competitive advantage in the gambling industry in exchange for the state gaining a portion of the tribe's massive $1.3 billion gambling revenue. Ms. Rodriguez commented on the Seminoles' desire to gain exclusive access to "Las Vegas-style" slot machines: "It's not an automatic that someone else has slots and the tribe immediately has slots. What they're entitled to is the right to negotiate with the state for slots,'' she mentioned, adding, "some of these questions have never been ruled on before…it could go as high as the [U.S.] Supreme Court."
, Trial
Steven E. Siff and Justin B. Uhlemann were mentioned in the April 4 issue of Mealey's Managed Care Liability Report in an article regarding a health insurance policy benefits clause that was challenged as unenforceable in the Florida Court of Appeals. McDermott represented Blue Cross and Blue Shield of Florida Inc. in this notable victory.
Steven E. Siff PC, Justin B. Uhlemann, Appellate, Health Care Litigation, Trial
Jeffrey E. Stone was quoted in the March 27 issue of The Wall Street Journal in an article regarding Firm client Gary Gerhardt, the former finance chief of Engineered Support Systems Inc., being charged with fraud and other offenses relating to options backdating. Mr. Stone aid, "Any jury who gets the chance to hear him will find him to be an honest and straightforward man."
Jeffrey E. Stone, Corporate Responsibility and Governance, Trial, White-Collar & Securities Defense
Jeffrey E. Stone was quoted in the March 2007 issue of CFO Magazine in an article about ways to improve as a public speaker. Mr. Stone said that addressing possible objections during a presentation before they can be raised shows that you've done your research, making you more persuasive.
Steven S. Scholes was quoted in a February 22 article published by CFO.com regarding an NYSE trading specialist who was acquitted of fraud charges in the Southern District of New York. Mr. Scholes commented on SEC Rule 10b-5, particularly its use by prosecutors to charge individuals who deceive or mislead financial statement readers. He explained that 10b-5 is "the heart and soul" of the federal antifraud provision.
Steven S. Scholes, Corporate Responsibility and Governance, Trial
Christopher Murphy was quoted in the February 14 edition of The Christian Science Monitor in an article on the increasing pressure on some companies relating to climate change concerns. Shareholders are asking for increased disclosure of carbon emissions, and companies are facing class actions suits accusing them of contributing to global warming. Mr. Murphy said, "It's not surprising that some groups would take that approach of class action to address a large issue of public interest."
Christopher M. Murphy, Class Action, Trial
Nancy G. Ross was quoted in the February 5 issue of Business Insurance in an article regarding two recent appellate decisions in the Third and Seventh circuits finding that cash balance pension plans are not discriminatory towards older employees. Nancy commented on the effects of these decisions on other appellate courts and the difficulty that plaintiffs’ lawyers will face when trying to convince other courts that such plans are age discriminatory. "These appear to be airtight decisions, and those are the ones that will prevail at the end of the day," she said.
Nancy G. Ross, Employee Benefits - Insurance, Employee Benefits Litigation, Insurance, Trial
Terrence P. McMahon and William Gaede were featured in the February 2007 issue of IP Law & Business in a two-page article, "Trial Tips: In the race to develop a new drug for juvenile growth disorder, did Insmed rely on Genentech's patents?" This article discusses the closely watched biotechnology case, Genentech Inc. et al. v. Insmed Incorporated et al., the history of the patent battle for co-plaintiffs Genentech and Tercica, and the trial strategies employed by the McDermott team for Firm client Tercica.
William Gaede, Terrence P. McMahon, Intellectual Property, IP Litigation, Trial
William Schuman was quoted in the February issue of CFO in an article on a recent Delaware Supreme Court decision regarding director liability. Ruling in the case Stone v. Ritter, the court stated that the complainants must prove directors "knew that they were not discharging their fiduciary obligations." Mr. Schuman said, "Proving simple negligence is not going to be enough. What [the Delaware court] is looking for is something very close to intent. It's a really tough standard to meet."
William P. Schuman PC, Corporate Responsibility and Governance, Professional Responsibility, Trial
Jeffrey E. Stone was quoted in the February Illinois Super Lawyers 2007 supplement in Chicago Magazine in an article profiling top Chicago defense attorneys. Mr. Stone discussed his defense experience which started in law school and continues to present as he represents white-collar and other criminal defendants through his work at McDermott and his volunteer and pro bono endeavors. "Corporate lawyers often win because the deal closes and everyone's happy. As a defense lawyer, the wins are terrific, but the losses stay with you forever," he explained.
Jeffrey E. Stone, Trial, White-Collar & Securities Defense
Nancy G. Ross was quoted in the January 22 issue of Business Insurance in an article regarding the U.S. Supreme Court's recent denial of review of a federal appeals court decision concerning the alleged discriminatory practice of cash balance pension plans. Ms. Ross commented that despite strong lobbying initiatives, Congress did not make the plans retroactive. "There was a strong lobbying effort to make the cash balance provisions retroactive and Congress didn't do it," she said.
Nancy G. Ross, Employee Benefits, Employee Benefits Litigation, Trial
Rory Little was quoted in the San Jose Mercury News on January 12 regarding the guilty please of Bryan Wagner, a private investigator who worked for HP. Mr. Little said the guilty plea will spare Wagner from state prosecution under a California penal code section.
Linda Doyle was quoted by The Boston Globe on January 10 in regard to the severance pay Thomas Finneran received as president of the Massachusetts Biotechnology Council. "It's not a lot for an executive generally, but it's generous for an executive leaving under these terms," commented Ms. Doyle.
Linda M. Doyle, Labor & Employment, Trial
Joel Chefitz was quoted in the January 9 issue of The National Law Journal in an article regarding his move to McDermott to head the securities litigation practice in Chicago. "I was just convinced in this marketplace in Chicago, the resident firms are those with a substantial presence and they're though to beat," he said.
Joel G. Chefitz, Securities Litigation, Trial
Bill Boies was recognized in the January 2007 issue of CBA Record for his involvement as chair of the Cy Pres Committee of the Chicago Bar Foundation (CBF). Cy pres awards, which are made by the courts from money left unclaimed in class action lawsuits, have been a significant source of funding for CBF legal aid and public interest law initiatives.
Wilber H. Boies PC, Pro Bono & Community Service, Trial
Lazar Raynal was named to American Lawyer's "Litigation's Rising Stars," feature in the January edition. The feature identified 50 up and coming litigators under the age of 45 that have already made their mark.
Jeffrey E. Stone was quoted in the January 2007 issue of Corporate Board Member Magazine in an article regarding how different boards of directors have handled crisis management in response to charges of illegal conduct. Mr. Stone stated that when facing allegations, a company should create a plan to cooperate with the government to avoid broader charges. "Sometimes it may be in the corporation's best interest to walk into the government's office and say, 'Here's what we think happened, here's how this corporate officer eluded detection and was somehow able to avoid compliance, and here's how we as an entity were defrauded by this individual,'" he said.
Jeffrey E. Stone, Corporate Responsibility and Governance, Trial, White-Collar & Securities Defense
2006
Travis Biffar, Amy Leder and Banks Brown were mentioned in The Deal on December 20 as representative counsel in the Valassis/Advo, Inc. litigation.
Banks Brown, Amy S. Leder, Trial
Nancy Ross was quoted by Business Insurance on December 13 regarding cash balance pension plans discriminating against older employees. The split in the courts shows that it will be some time before the age discrimination issue will be resolved commented Ms. Ross.
Nancy G. Ross, Employee Benefits, Employee Benefits Litigation, Trial
Michael Pope was quoted at length in a December 2006 article in Chicago Lawyer on the Class Action Fairness Act (CAFA). Among other changes, CAFA will broaden federal jurisdiction in class actions. Mr. Pope said, "In federal court, you can have a multidistrict panel that allows for consolidation in one place. That's a goal that has been enacted."
Michael A. Pope PC, Class Action, Trial
Eugene Goldman was interviewed on the WUSA television channel 9 news on November 17 in regard to a pro bono case he is handling on behalf of a the Equal Rights Center of Greater Washington and individual plaintiffs against the District of Columbia Lottery board, alleging that it is granting lottery licenses to stores that are inaccessible to disabled citizens in violation of the American with Disabilities Act (ADA). McDermott is partnering with the Washington Lawyers' Committee for Civil Rights on this representation. McDermott summer associates gathered our evidence and surveyed hundreds of lottery sites for compliance with ADA requirements. To view the story, visit http://www.wusa9.com/news/news_article.aspx?storyid=53731.
Eugene I. Goldman, Pro Bono & Community Service, Trial
On November 13, Bobby Burchfield was mentioned in an Associated Press story that appeared in numerous media outlets, including The New York Times and The Washington Post, regarding the announcement of the Rudy Giuliani Presidential Exploratory Committee, Inc. Mr. Burchfield was listed on the paperwork as the attorney advising Giuliani.
Bobby R. Burchfield, Elections & Political Law, Trial
Nancy G. Ross was quoted in the November 6 issue of Business Insurance in an article regarding a recent federal court finding that cash balance pension plans discriminate against older workers. Mr. Ross commented that such discrimination issues are not likely to be settled in the near future. "We don't have closure. Two different judges can have two very different views," she said.
Nancy G. Ross, Employee Benefits, Employee Benefits Litigation, Trial
Nancy Ross was quoted in the October 30 issue of Business Insurance regarding a 7th U.S. Circuit Court of Appeals decision ruling that IBM Corp.'s cash balance plan was age discriminatory. "We won't have certainty until the other appeals courts rule. We need to ride the wave longer to have greater comfort," commented Ms. Ross.
Nancy G. Ross, Employee Benefits, Employee Benefits Litigation, Trial
Russ Hayman was quoted in the October 16 issue of The Los Angeles Times regarding the move of Debra Wong Yang, former U.S. attorney in Los Angeles, to Gibson Dunn. Mr. Hayman commented that the move to private practice will demand a "different mind-set."
Michael D. Kendall was quoted in the October 13 issue of The Boston Globe in an article regarding recent federal probes at more than 140 U.S. companies investigating the use of options backdating practices. Many firms are terminating or forcing out executives before any formal reviews have taken place or full accusations have been made. "We live in an unforgiving environment, where it’s not just substance, but also appearance and style issues can matter," he said.
Michael Kendall, Corporate Responsibility and Governance, Trial
Mark A. Collins was quoted in an October 11 article published by Compliance Week regarding options backdating investigations and the extent to which D&O insurance covers officers and directors. Mr. Collins explained that any officer or director who may be charged or investigated in the course of options backdating probes should look closely at D&O liability policy coverage. "The defense costs for these types of problems can be significant to the extent that D&O coverage is available, they should become familiar with its terms and conditions and make their claims," he said.
Mark A. Collins, Corporate Responsibility and Governance, Trial
Michael D. Kendall was quoted in the October issue of CFO in an article regarding the Senate Judiciary Committee's September hearings on parts of the Thompson memo, which establishes guidelines on whether or not to indict a company. Mr. Kendall commented that the recent Kaplan decision will shape the government's future actions. "It is so powerfully written and reasoned that I expect it to be a powerful precedent."
Geoffrey A. Vance has been recognized in Law Bulletin Publishing Company's 2006 "40 Under Forty" feature publication as one of 40 Illinois lawyers under the age of 40 to watch. Honorees were selected on the basis of outstanding career achievements, rising quickly within their practices and making contributions to the community. Mr. Vance was recognized for his outstanding lawyering for small companies and pro bono clients. He was credited for "treat[ing] each of his clients, large and small, wealthy and poor, as if that client is his most important one."
Geoffrey A. Vance, Pro Bono & Community Service, Trial
William P. Schuman was quoted in the September 25 issue of The National Law Journal in an article about the government increasingly holding general counsel liable when a company's actions come into question. Mr. Schuman stated that enforcement agencies currently take the stand that GCs should not just look out for their employer but also need to also protect the shareholders' interests. "We're seeing more inquiries and investigations where the conduct of in-house counsel is being examined every bit as much as the business people's." he said.
William P. Schuman PC, Securities, Trial
Eugene Goldman was interviewed on September 19 by Bloomberg Radio about the Hewlett-Packard spy-on-board controversy.
Eugene I. Goldman, Corporate Responsibility and Governance, Trial
Michael Anthony, Bobby Burchfield, Gordon Greenberg, Christopher Jedrey, Ray Lupo, Terry McMahon, Michael Pope, Richard Smith and Jeffrey Stone will be recognized in the fall edition of Lawdragon magazine on its annual survey of the top 500 lawyers in the United States, the Lawdragon 500.
Michael F. Anthony, Bobby R. Burchfield, Gordon A. Greenberg, Christopher M. Jedrey, Raphael V. Lupo, Terrence P. McMahon, Michael A. Pope PC, Richard W. Smith, Jeffrey E. Stone, Corporate, Health, Intellectual Property, Trial
Michael Kendall was quoted in the August 26 issue of The Boston Globe on the more than 100 companies facing scrutiny over stock options accounting. Many are delaying quarterly filings while they conduct reviews. "It will be interesting to see if they [Nasdaq and the NYSE] will truly pull the trigger, as they have been threatening," commented Mr. Kendall.
Michael Kendall, Corporate Responsibility and Governance, Trial
William P. Schuman was quoted in an August 24 article published by Securities Law360 regarding options backdating investigations targeting attorneys and auditors involved in the development of executive stock options plans. Mr. Schuman commented that a new trend is arising where companies that are accused of options backdatin