Media Mentions
2010
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.
Edward P. Leibensperger, Trial
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.”
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, International Antitrust & Competition, 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, International Antitrust & Competition, 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 Criminal 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.
Edward P. Leibensperger, Pro Bono & Community Service, Trial
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.
Eric J. Conn, Pro Bono & Community Service, Trial
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 Criminal Defense
Abbe Lowell was quoted by the Biloxi Sun Herald on January 26, as he urged an appeals court to grant a rehearing and reversal for a former Biloxi attorney convicted on the charge of honest services fraud in a judicial bribery case. Mr. Lowell, who represents the attorney, charged that the conviction was based on improper jury instructions regarding the definition of honest services fraud. “The instructions transformed protected First Amendment contributions made to influence elected officials to follow their judgment, rather than betray it, into a crime,” Mr. Lowell declared. “That is constitutional error of the greatest magnitude, which requires the honest services convictions be reversed …”
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.
Abbe Lowell was quoted by the Albany Times-Union on January 15 concerning his request to overturn the felony conviction of, or grant a new trial to, a former New York state senate leader. Noting that his client was acquitted on a number of counts and that the jury could not agree on another, all involving the same matter, Mr. Lowell declared that “the government’s charge, its theory of wrongdoing, and the evidence it produced on the two convicted counts were no different than in those counts that resulted in acquittals.”
Abbe Lowell was mentioned by Business First of Buffalo (January 15) as the “high-powered” lead attorney in legal team defending the former New York state senate majority leader against federal felony charges. The article noted that Mr. Lowell has also defended such well known individuals as governors, U.S. senators, actor Steven Segal and federal lobbyist Jack Abramoff.
Steven Scholes spoke to Law360 (January 14) about the new powers of the Security 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 Devices, 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.
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
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, IP Legislation, 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.”
Edward P. Leibensperger, Trial
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.”
Christopher Man and Joshua Rogaczewski were mentioned by the Washington Post, the Washington Times and the Washington Business Journal (all December 14) for their promotion to partner in McDermott’s Washington, DC office. Both lawyers are members of the Firm’s Trial Department.
Christopher D. Man, Joshua D. Rogaczewski, Trial
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 Criminal Defense
Abbe Lowell was quoted by Law.com on December 11 concerning a decision by a Fifth Circuit panel of judges to vacate the bribery conviction of former Mississippi plaintiff lawyer Paul Minor, who will now be resentenced by a Mississippi federal judge. “Paul has served enough time,” said Mr. Lowell, who is one of Minor’s lawyers. “I think there’s some hope there. But it all depends on the judge.”
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.”
Jennifer Belcher was featured in a December 8 story on SWVAToday.com regarding her first place win in the Virginia Farm Bureau Federation’s annual Young Farmer Discussion Meet. The Virginia Farm Bureau is the state’s biggest farmers’ advocacy group with more than 150,000 members. Participants in the Discussion Meet are judged on their ability to build consensus and work toward solutions. The final-round topic was how farmers can reach out to the public to make people more aware of and supportive of agriculture. Ms. Belcher discussed the producers’ need to share with the public as much information as possible about farming to gain the public’s support. She suggested using the media, Web sites and other tools to educate people and encouraged Farm Bureau members to become part of the state’s Spokesfarmers’ program to connect with other industries.
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
John Rhie was quoted on December 2 by Global Arbitration Review in a story about a UK judge’s rejection of an attempt by two ship owners to collect on arbitration awards against Mr. Rhie’s client, a South Korean company. The judge held that the doctrine of separability in arbitration clauses did not apply equally to jurisdiction clauses, which Mr. Rhie said highlights the different standards English courts will use in applying the doctrine of separability for litigation. He stated that parties in UK arbitrations who were accustomed to believe that this doctrine was fundamental “should be aware that this certainly is not the case for English litigation cases, at least at the jurisdiction stage.”
John Rhie, Litigation - London, London, 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.”
Robert Weiner and Lanny Davis were quoted by China Weekly News on November 10 concerning Dongguk University’s lawsuit against Yale University for erroneously confirming a professor’s claimed credentials. Representing Dongguk, Mr. Weiner stated that the university “is shocked that Yale University … has refused to take responsibility for its negligent, reckless and, ultimately, deceitful conduct,” and criticized Yale for “engaging in a smear campaign, in an effort to blame Dongguk for the substantial damage that Yale caused Dongguk.” Mr. Davis added that he found “the misconduct that Yale’s leadership continues to engage in, and the tactics that it is using to avoid responsibility, reprehensible,” and urged the Yale Corporation “to investigate this matter fully.”
Lanny J. Davis, Robert A. Weiner, Trial
Pamela Marple was quoted in a November 7 New York Times story about a state of Louisiana raid and related investigation of the New Orleans offices of the ACORN activist group. The raid was prompted by accusations of embezzlement and tax fraud. Representing ACORN, Ms. Marple said that the raid was prompted by accusations that former ACORN employees had removed or altered electronic documents and might do so in the future. She added that investigators wanted “virtually every document in the possession of ACORN and any related entity.” The story was carried in numerous other media outlets, including the AP, Yahoo News, NPR, Fox News, Time, Philadelphia Inquirer, Las Vegas Sun and Seattle Times, among others.
Abbe Lowell was mentioned in a Bloomberg.com story (November 2) about the beginning of a corruption trial for a former New York state Senate leader. Mr. Lowell is lead co-counsel for the defendant in the trial, which is being held in U.S. District Court in Albany, NY.
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
Robert Weiner and Lanny Davis were quoted in an October 30 New York Times story about a federal court lawsuit by South Korea’s Dongguk University against Yale University for erroneously confirming a Dongguk professor’s claims of receiving a Yale Ph.D. Mr. Weiner, lead attorney for Dongguk, said that Yale’s persistent denial that it had done anything wrong despite the scandal that the false credentials caused in Korea shows “the cultural arrogance of not recognizing the harm you’re doing in Korean culture,” adding that “the documents we have prove that Yale was not only grossly negligent, but lied once they knew the truth.” Mr. Davis added that the university and its president had “dishonored the slogan ‘light and truth’” that can be found in Latin on Yale’s seal. The Business Insider.com carried a condensed version of the article on November 2.
Lanny J. Davis, Robert A. Weiner, 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 & Pensions, 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
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
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." Click here to read the full article.
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.
Edward P. Leibensperger, Class Action, Trial
M. Soledad Galmarini spoke in the September 2009 issue of Chicago Lawyer about her experience in Northwestern University School of Law’s International Team Project program to familiarize law school students with international cultures. Ms. Galmarini visited South Africa and Vietnam as a participant in the program while at Northwestern, and she emphasized her appreciation for her involvement. “It’s a very real world experience in terms of what you’re learning,” she said. “As opposed to interpreting cases that have been in the law books for years, decades, you’re interpreting current events – laws, and what’s going on today.”
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
Matthew Jacobs was mentioned in a September 24 story on Law.com concerning a health care fraud trial involving a biotechnology company in U.S. District Court for the Northern District of California. Mr. Jacobs represents the company's former head of sales and marketing. After McDermott attained immunity from prosecution, the client was one of the major witnesses at the trial, which recently ended in a conviction of the defendant.
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.
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.”
Thomas A. 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.
Abbe Lowell was quoted on August 15 by WFAA.com regarding a court’s release of bribery allegations against two former Dallas City Council members and a Texas state representative. Mr. Lowell is an attorney for a low-income housing developer implicated in the allegations. “They are not charges,” Mr. Lowell said of the allegations. “They have not been reviewed by a grand jury. And they are far from proven events.”
Matthew Jacobs was cited by The Recorder on August 14 as being one of three lawyers chosen as candidates to be Northern California’s top federal prosecutor. The selection was made by a committee vetting potential nominees for U.S. Senator Barbara Boxer. Mr. Jacobs is a former federal prosecutor and a member of the Firm’s white collar practice. Once Senator Boxer makes her recommendation to the President, the candidate chosen must be interviewed by U.S. Justice Department officials and approved by the U.S. Senate.
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 Criminal 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." To read the entire article click here.
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 Criminal 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 Criminal 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 Criminal 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."
Abbe Lowell was quoted in a Legal Bisnow June 2 feature on the Department of Justice's dropping of all charges against two former staffers at the American Israel Public Affairs Committee (one of whom Mr. Lowell represented) for violating the Espionage Act. Mr. Lowell said the prosecution was the first time the Act had been used against a non-government official for merely receiving and talking about information he learned as a foreign policy professional. Framing the defense as a First Amendment matter, Mr. Lowell believes the Bush Administration "was not courageous enough" to bring the case directly against the press, although the charges against the two staffers could have led to prosecutions against reporters.
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
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
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."
Abbe Lowell was cited in the Dallas Morning News on May 23 for his representation of a prominent Dallas developer accused in a public corruption trial of bribing a former Dallas City Council member. The article noted that Mr. Lowell represented Steven J. Rosen, a lobbyist whose prosecution for allegedly leaking classified documents was recently dropped by the Justice Department.
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
Abbe Lowell was cited May 1-2 in leading newspapers, including the Los Angeles Times, New York Times, Washington Post and Wall Street Journal, when the U.S. Department of Justice announced it would drop all charges of violating the Espionage Act against two former staffers at the American Israel Public Affairs Committee for allegedly passing along classified information on Iran to unauthorized individuals, including Israeli Embassy officials. Mr. Lowell served as defense counsel to Steve Rosen, one of two staffers who had faced trial in U.S. District Court. Both the Post and the Journal noted Mr. Lowell's belief that the government's action could in part be attributed to the Obama Administration, "We are extremely grateful that this new Administration . . . has taken seriously their obligation to evaluate cases on the merits."
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
Abbe Lowell was quoted on Timesunion.com on April 27 concerning his representation of former New York State Senator Joseph Bruno in a federal criminal trial. Mr. Lowell filed a letter with the U.S. District Court, requesting an additional three months to prepare an oversize defense memorandum challenging the government's case. "The United States has produced more than 43,000 documents, amounting to dozens of boxes worth of materials that must be reviewed," Mr. Lowell stated in his letter, adding that his client "is in the process of getting an additional 50 to 70 boxes of documents."
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 Criminal Defense
Abbe Lowell was mentioned in an April 19 Washington Jewish Week story for his role as defense counsel to Steve Rosen, one of two former staffers at the American Israel Public Affairs Committee who are charged with violating the World War I-era Espionage Act for allegedly passing along classified information on Iran to unauthorized individuals, including Israeli Embassy officials.
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
Michael Kendall was cited in Massachusetts Lawyers Weekly (April 13) for his nomination to the BTI Client Service All-Star Team.
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."
Jeffrey F. Webb, HR & Employment Litigation, Labor & Employment, Trial
Abbe Lowell is cited in stories that appeared April 1 in the [Biloxi] SunHerald, April 2 on HuffingtonPost.com and April 3 on OpEdNews.com concerning the latest developments in the appeal of the case against Paul Minor, formerly a top trial lawyer in Mississippi who was convicted of judicial bribery. The appeal is being heard by the Fifth Circuit Court, and shortly before the latest proceedings began, Priscilla Owen, one of the three judges hearing the appeal, announced her recusal. As Minor's attorney, Mr. Lowell asked the panel to consider releasing Minor while they deliberate the appeal, a request which Minor's legal team has repeatedly argued is required by law, and which Owen had denied.
Abbe Lowell is quoted in the Albany Times-Union concerning his defense of former New York Senate Majority Leader Joseph Bruno against criminal charges. Bruno allegedly violated federal law by denying the public of 'honest services,' but Mr. Lowell asserts that the charges are "an unprecedented expansion of the 'honest services' theory that should trouble every part-time legislator because of its attempts to make criminal a person's need to have an outside job."
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 & Pensions, 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, Thomas A. Ryan, Jeffrey E. Stone, Charles E. Weir, Trial
Abbe Lowell was quoted in a March 16 story by the Legal Times regarding a move made by Congress to strengthen a law restricting gifts to public officials. On March 12 the Senate Judiciary Committee approved legislation to broaden the ban on the giving or receiving of illegal gratuities. The bill would also extend statues of limitation and increase potential prison time for some crimes, and appropriate $100 million over four years for corruption charges. Two D.C. cases however limited the existing gratuities ban; precedent the white-collar defense bar doesn't want erased. Mr. Lowell commented, "When courts rule that certain minimums are required to protect citizens in criminal law, Congress shouldn't then try to legislate away those protections."
Abbe D. Lowell, Trial, White-Collar Criminal Defense
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 Criminal 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
Abbe Lowell was quoted on February 25 by the Associated Press regarding a decision by the U.S. Court of Appeals for the 4th Circuit that allows former AIPAC lobbyists, Steven J. Rosen and Keith Weissman, to use evidence from two classified government documents at their trial. The unanimous decision is a setback in the government's prosecution of Rosen and Weissman. Mr. Lowell, Rosen's lawyer, noted that the materials Rosen and Weissman want to use at trial is crucial to their defense because it shows the information the defendants are accused of disclosing "was not classified, was not national defense information and its disclosure did not violate the law." Mr. Lowell was also quoted by The Washington Post, The Jewish Daily Forward, The Jerusalem Post and The Jewish Telegraphic Agency (JTA).
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
Abbe Lowell was quoted on February 23 by CNN.com in an article regarding 2001 disappearance of Chandra Levy. Mr. Lowell served as Representative Gary Condit's lawyer during the investigation. Washington police officials announced they are close to making an arrest in the killing of Chandra Levy. Mr. Lowell blamed police and media attention on Condit for delays in the arrest. He said, "It is a tragedy that the police and media obsession with former Congressman Condit delayed this result for eight years, and caused needless pain and harm to the families involved." Mr. Lowell was also quoted by The Los Angeles Times, The Hill, The Salt Lake City Tribune, The San Diego Union-Tribune, and Times-News.
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
Abbe D. Lowell was quoted in the February 19 issue of Newsday in an article regarding former State Senate Majority Leader Joseph Bruno, who faces prosecution under the "honest-services fraud" federal statute. Bruno's lawyers, including Mr. Lowell, argue that the U.S. attorney is unjustly stretching a state ethics violation into a major felony fraud case. "It is scary. It puts into jeopardy a lot of public officials who work on the outside of their public service," he said.
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
Abbe D. Lowell was quoted in the February 11 issue of the Albany Times Union in an article regarding the trial of Senate Majority Leader Joseph L. Bruno, who has been indicted on allegations that he made millions of dollars through his senatorial position. Bruno's lawyers, including Mr. Lowell, noted that they would file pretrial motions challenging the indictment and a case built on federal theft of honest services statutes. "It's a controversial theory," said Mr. Lowell. He added that "we [Bruno's lawyers] will be filing motions that address three issues, (including) the impartiality for the grand jury, and the process by which the indictment occurred, more to do with whether this was a case brought in the press."
Abbe D. Lowell, Trial, White-Collar Criminal Defense
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
Abbe D. Lowell was quoted on January 30 by The Blog of Legal Times in an article regarding the indictment of Joe Bruno, former New York state senator, on charges of public corruption. Bruno is accused of mixing together his private business and public office in business deals. Mr. Lowell, one of Bruno's lawyers in the case, said that the charges represent "an unprecedented expansion of the 'honest services' theory that should trouble every part-time legislator because of its attempts to make criminal a person's need to have an outside job. After 40 years of great public service, Sen. Bruno deserves a lot better than he received from the prosecutors."
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.
Jeffrey F. 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 Criminal 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.
A Q&A article featuring Douglas E. Whitney appeared in the December 24 issue of the National Law Journal. Mr. Whitney discussed a New York jury's conviction of two former KPMG executives and a lawyer of tax evasion charges in what was considered the largest tax-shelter fraud in U.S. history.
Douglas Whitney, Trial, White-Collar Criminal Defense
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.
Thomas A. Ryan, Class Action, Trial
Abbe D. Lowell was quoted in the December 21 issue of The Washington Post in an article regarding Bernard L. Madoff's alleged multibillion-dollar fraud that has ruined personal fortunes and shrunk charitable endowments across the Washington region. "When everybody gets over the initial shock based on the amounts of money involved, the second predominant feeling is one of total uncertainty," Mr. Lowell said. "No one seems to grasp what this all means yet," he added.
Link to: Abbe Lowell, Trial
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
Douglas E. Whitney was quoted in the December 18 issue of CFO Magazine in an article regarding the mixed-bag of convictions and acquittals of KPMG executives charged with selling illegal personal tax shelters. Mr. Whitney noted that the acquittals "send the government a strong signal that the criminal courtroom is not the place to define the illusive contours of the economic substance of tax shelters." He added that "reasonable minds will differ on where to draw the lines about what constitutes sufficient economic substance" or what is necessary to make a tax shelter legitimate in the eyes of the law. The U.S. attorney's office may have "learned through the last five or six years that trying to criminalize acts on either side of the lines is just too difficult to justify," he said.
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 Criminal Defense
Abbe D. Lowell was mentioned in the November 24 issue of Massachusetts Lawyers Weekly in an article regarding his role as program co-chair for the National Association of Criminal Defense Lawyers and Georgetown Law Center's annual white-collar seminar "Defending White Collar Crimes."
Abbe D. Lowell, Trial, White-Collar Criminal 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.
Thomas O. Bean, Restructuring & Insolvency, Trial
Abbe D. Lowell was mentioned on November 17 by The Associated Press in an article regarding the U.S. Postal Service's investigation into whether Postmaster General John E. Potter received an improper deal on a mortgage from Countrywide Financial Corporation. The U.S. Postal Service has hired Mr. Lowell to run the investigation and to review the deal which allegedly included one shaved point and waived fees for the $322,700 loan.
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
Abbe D. Lowell was quoted in the November 10 issue of The National Law Journal in an article regarding the rise in calls white-collar criminal defense lawyers are receiving from nervous clients involved in the credit crisis. "Seven hundred billion dollars can't go out the door without someone going to jail,'' said Mr. Lowell, referring to the federal government's bailout of the banking and mortgage industries. "There are going to be criminal cases made as a result of this crisis. Somewhere buried in the complexities of these transactions you will find people who took advantage,'' he added.
Abbe D. Lowell, Markets Restructuring, Trial, White-Collar Criminal Defense
Abbe D. Lowell was quoted in the November 4 issue of the Las Vegas Review-Journal in an article regarding the Justice Department's decision to clear Nevada Governor Jim Gibbons of any wrongdoing following a corruption investigation. Mr. Lowell, Gibbons' lawyer in the case, said that Assistant U.S. Attorney Steven Durham confirmed that "the investigation of any allegations against Governor Gibbons had been closed. The prosecutors in the case confirmed what the governor has been saying for the past two years - that he did nothing wrong and there was no basis for any allegations against him."
Abbe D. Lowell was mentioned in the November 3 issue of The Dallas Morning News in an article regarding the corruption investigation of Nevada Governor Jim Gibbons. Mr. Lowell, Gibbons' lawyer during the investigation, noted that Gibbons has been cleared of wrongdoing and will not be charged.
Abbe D. Lowell was quoted in the November 3 issue of Haaretz in an article regarding the espionage trial of former AIPAC employees, Steven Rosen and Keith Weissman. Defense lawyers recently told a federal appeals court that they would argue some of the information the men allegedly conspired to reveal came from the Israeli government and was not considered secret. Mr. Lowell noted that a classified State Department document shows that Israel was already circulating the intelligence reports that Rosen is accused of disclosing. "You have to be able to prove what the Israelis knew. In our defense, it is important that this information, discussed down the line by our client, is Israel-based," said Mr. Lowell, Rosen's lawyer in the case.
Abbe D. Lowell was quoted in the November 3 issue of the AmLaw Daily in an article regarding federal prosecutors' decision not to charge Nevada Governor Jim Gibbons with corruption. Mr. Lowell advised Gibbons against interviewing with federal authorities until he had time to look at the evidence regarding Gibbons' relationship with Warren Trepp, head of eTreppid Technologies. "I didn't invent the wheel here. There are questions you have to ask at the outset. What is the nature and the value of the gifts? What is the relationship between the donor and the receiver? And what official acts could be linked to those gifts?" he said. Mr. Lowell spent 18 months turning over evidence to federal prosecutors, including proof that the man who had first made the allegations against Gibbons had fabricated e-mails.
Abbe D. Lowell was quoted in the November 3 issue of The Washington Post in an article regarding the 18-month federal corruption investigation of Nevada Governor Jim Gibbons. Mr. Lowell, Gibbons' lawyer in the case, said he received confirmation from U.S. Attorney Steven Durham that the investigation has ended. "The prosecutors in the case confirmed what the governor has been saying for the past two years - that he did nothing wrong and there was no basis for any allegations against him," Mr. Lowell said.
Abbe D. Lowell was mentioned on November 3 by The Associated Press in an article regarding the possibility that Nevada Governor Jim Gibbons may sue the person whose accusations against him led to a corruption investigation by the Justice Department. Federal authorities recently cleared Gibbons of any wrongdoing. Mr. Lowell served as Gibbons' lawyer during the investigation.
Abbe D. Lowell was quoted in the November 2 issue of The New York Times in an article regarding the corruption investigation of Nevada Governor Jim Gibbons. Mr. Lowell, Gibbons' lawyer during the investigation, indicated that the investigation has been closed and that his client will not be charged. "Neither the governor nor I have any problem with the Justice Department having to investigate allegations, even if they are crazy, because he is a high-ranking public official and he knows the world he lives in. They handled it in a way and a speed that was up to them. Though we wish it were sooner, they came to the right conclusion," he said.
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 Criminal 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.
Edward P. Leibensperger, 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.
Jason A. Levine, 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."
Abbe D. Lowell was mentioned in the October 15 issue of the Las Vegas Review-Journal in an article regarding Governor Jim Gibbons, who is currently the subject of a federal investigation. Gibbons, who is suspected of accepting bribes from eTreppid, a software company, noted that he would be spending the week in Washington, D.C. and would meet Mr. Lowell, his lawyer in the case.
Washington, D.C. trial lawyers Abbe Lowell and Bobby Burchfield were 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. Messrs. Lowell and Burchfield expect the white-collar work to increase as more companies are investigated. "In the past couple weeks we've got calls from a financial services industry company and a hedge fund company… This is just at the front end. There are some executives out there who know they're next on the spot," said Mr. Lowell. "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, Abbe D. Lowell, Markets Restructuring, Trial, White-Collar Criminal 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.
Matthew J. Jacobs was quoted in the October 3 issue of USA Today in an article regarding the Wall Street bailout bill. While the bill allows for oversight, Mr. Jacobs noted that it remains to be seen how regulators and lawmakers will use their power. "The real test will be how individuals involved in oversight choose to exercise their authority," he said. Mr. Jacobs noted that because the bill was passed so quickly, "there almost certainly will be potential for fraud and abuse."
Matthew J. Jacobs, Finance & Banking, Trial
Matthew J. Jacobs was quoted on October 3 by Law360 in an article regarding the FBI's investigation into the role brokers, appraisers, buyers, mortgage lenders and major financial institutions have played in creating the credit crisis. Mr. Jacobs noted that while political pressure and competition among prosecutors may increase the number of investigations that are initiated, that doesn't necessarily mean an increase in the number of criminal prosecutions. "When stock options was the rage a couple of years ago, you saw a big fight over turf among different U.S. attorneys offices and some competition there to see who could issue a subpoena to a potential offending company faster. And you saw a lot of subpoenas go out, very few of which have resulted in filed cases," he said.
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.
Thomas O. 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
Abbe D. Lowell was quoted in the September 19 issue of Legal Bisnow in an article regarding the Shakespeare Theatre Company's "Trial of Socrates." Mr. Lowell, playing the part of Socrates' counsel, appealed his client's conviction by using a variety of rhetorical tricks. "It takes more than hearsay to convict of heresy," he said. The panel and citizenry voted to overturn Socrates' conviction.
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
Abbe D. Lowell was quoted on September 17 by Law.com in an article regarding the trial for Senator Ted Stevens, who is accused of attempting to hide more than $250,000 in home renovations and gifts from people associated with VECO, an Alaska oil services company. Stevens has publicly pushed for a speedy trial because he is up for re-election in November. While some presume that the government has the edge in speedy trials because prosecutors are at the front of criminal investigations, Mr. Lowell believes this won't be an issue in Stevens' case. "This investigation is not a surprise to the senator or his attorneys. It's been going on for a long time. They ought to be ready," he said.
Abbe D. Lowell was quoted on September 10 by the Associated Press in an article regarding U.S. District Judge Paul Huck's decision to reduce Jack Abramoff's sentence for the fraudulent purchase of a Florida casino boat. The judge reduced his sentence by two years because of his extensive cooperation in both the fraud case and the political corruption investigation of Washington politicians. "His cooperation has been extensive in every place it has been asked of him," said Mr. Lowell, one of Abramoff's lawyers in the case.
Abbe D. Lowell was mentioned in the September 10 issue of Huliq News in an article regarding the Shakespeare Theatre Company's "Trial of Socrates." Mr. Lowell, playing the role of Socrates' counsel, will appeal his client's 399 B.C.E. conviction on charges of corrupting Athenian youth and preaching godlessness.
Abbe D. Lowell, Appellate, 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 Criminal Defense
Abbe D. Lowell was mentioned in the September 5 issue of The Washington Times in an article regarding Jack Abramoff's sentencing hearing in the U.S. District Court for the District of Columbia. Abramoff was sentenced to four years in prison for defrauding clients and partners and corrupting public officials. Mr. Lowell, one of Abramoff's lawyers in the case, had hoped that his client's extensive cooperation with law enforcement officials would lead to a reduced sentence.
Abbe D. Lowell was quoted on September 5 by the Associated Press in an article regarding Jack Abramoff's sentencing in the U.S. District Court for the District of Columbia. In court, Mr. Lowell, one of Abramoff's lawyers in the case, described his client as a conflicted man who corrupted politicians but also made significant contributions to charity. "How can we be talking about the same person? But that's the record: A modern-day 'Dr. Jekyll and Mr. Hyde,'" he said.
Abbe D. Lowell was quoted in the September 5 issue of the Los Angeles Times in an article regarding Jack Abramoff's sentencing in the U.S. District Court for the District of Columbia. Mr. Lowell, one of Abramoff's lawyers, noted the seriousness of his client's crimes but added that some had been exaggerated. "This is a case where the myth of Jack Abramoff can overtake the actual man. Jack is here to make an accounting for his actions -- those that were wrong and those that were not," he said.
Abbe D. Lowell was quoted on September 5 in The Blog of Legal Times in an article regarding Jack Abramoff's sentencing following his conviction on fraud and conspiracy charges. Abramoff's legal team, including Mr. Lowell, will argue for a reduction in sentence based on Abramoff's extensive cooperation with the government. "This effort far exceeds the cooperation given by any sort of typical cooperator. Indeed, it must place Mr. Abramoff near the top of all government cooperators," the team wrote in a brief last month.
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.
Abbe D. Lowell was quoted in the September 4 issue of The Clarion-Ledger in an article regarding Paul Minor's request that the 5th U.S. Circuit Court of Appeals reconsider his petition for release from prison. Mr. Lowell, Paul Minor's lawyer, noted that the district court's decision to keep Minor in prison "failed to state any reason to justify Mr. Minor's continued detention. Specifically, the district court made no finding on the record that Mr. Minor now poses any sort of danger to the public. Consequently, Mr. Minor's detention is not supported on the existing record, and a remand is warranted."
Abbe D. Lowell, Appellate, Trial
Abbe D. Lowell was quoted on September 4 by Reuters in an article regarding Jack Abramoff's sentencing in the U.S. District Court for the District of Columbia. Although Abramoff's sentence is significantly less than what guidelines suggest, Abramoff's lawyers, including Mr. Lowell, had hoped that his extensive cooperation with authorities on other criminal investigations would further reduce the sentence.
Abbe D. Lowell was mentioned on September 3 in The Blog of Legal Times in an article regarding the Shakespeare Theatre Company's "Trial of Socrates." Mr. Lowell, playing the part of Socrates' counsel, will appeal his client's convictions on charges of corrupting youth and preaching godlessness.
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
Abbe D. Lowell was mentioned in the September 2 issue of The AmLaw Litigation Daily in an article regarding Jack Abramoff's sentencing on tax evasion and public corruption charges in the U.S. District Court for the District of Columbia. Mr. Lowell, one of Abramoff's lawyers in the case, asked the court to minimize Abramoff's sentence in light of his extensive cooperation with law enforcement officials.
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.
Jeffrey F. Webb, HR & Employment Litigation, Trial
Abbe D. Lowell was quoted on August 29 by Bloomberg in an article regarding allegations that Governor Jim Gibbons accepted bribes from eTreppid, a software company that received a five-year contract from the U.S. government to develop code for "automatic target recognition." The Wall Street Journal and NBC News ran stories regarding the bribery allegations in 2006, and both cited e-mails that allegedly provided proof of misconduct. In June 2007, however, eTreppid submitted an affidavit from a computer security expert who had determined that the e-mails had been doctored. "Those are dummied-up, fake e-mails," noted Mr. Lowell, Gibbons' lawyer.
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
Abbe D. Lowell was quoted in the August 29 issue of The AmLaw Daily in an article regarding Jack Abramoff's sentencing on charges of tax evasion and public corruption in a D.C. district court. Mr. Lowell and his team requested reductions in Abramoff's prison sentence based on his cooperation with law enforcement officials. "There is a pending motion [before U.S. district court judge Paul Huck] to reduce his sentence in the Florida case as well. In Florida the government filed a motion to reduce his sentence and in D.C. they filed their sentencing memo. And in Florida we filed a motion to reduce [Abramoff's] sentence, and in D.C. we filed our sentencing motion," said Mr. Lowell.
Abbe D. Lowell, Christopher D. Man and Pamela J. Marple were mentioned in the August 29 issue of The Washington Times in an article regarding Jack Abramoff's sentencing for fraud and tax evasion. As Abramoff's lawyers in the case, they requested that their client receive even less prison time than the already reduced term proposed by prosecutors in light of his extensive cooperation with government officials.
Abbe D. Lowell, Christopher D. Man, Pamela J. Marple, Trial
Abbe D. Lowell was quoted in the August 28 issue of The Washington Post in an article regarding letters submitted to the court on Jack Abramoff's behalf. In an attempt to persuade the court to release Abramoff from prison early, friends, family and religious leaders wrote letters describing Abramoff as both remorseful and humble. "We appreciate the opportunity to make this submission particularly because media attention regarding Mr. Abramoff - from newspaper editorials to late-night comic monologues - has made him into a caricature and has distorted a picture of a man, who like all men, is more than the sum of his tragic mistakes," said Mr. Lowell, one of Abramoff's lawyers in the case.
Abbe D. Lowell was quoted on August 28 by The Associated Press in an article regarding the filing of 95 letters to the court on Jack Abramoff's behalf. Friends, family and religious leaders submitted letters describing Abramoff as humble and changed in an effort to get Abramoff out of prison early. Mr. Lowell, one of Abramoff's lawyers in the case, requested a reduced sentence that would make Abramoff eligible for release as early as 2009.
Abbe D. Lowell was mentioned in the August 27 issue of The Washington Post in an article regarding Jack Abramoff's conviction on fraud and conspiracy charges. Mr. Lowell, one of Abramoff's lawyers, has requested that the judges take into account Abramoff's cooperation with federal officials when determining how long Abramoff will stay in prison. Abramoff's lawyers noted that he has met with the FBI, has reviewed more than 500,000 documents and has helped to convict 12 others.
Abbe D. Lowell was mentioned on August 27 by the Associated Press in an article regarding the Justice Department's recommendation that Jack Abramoff's prison sentence be reduced in light of his cooperation with an FBI investigation that has led to the convictions of several others. Mr. Lowell, one of Abramoff's lawyers, also asked the court to reduce Abramoff's sentence, noting that his client has reviewed more than 500,000 documents and has spent more than 3,000 hours working with the Justice Department.
Abbe D. Lowell was mentioned on August 20 by Antiwar.com in an article regarding the espionage trial of former AIPAC employees, Steven Rosen and Keith Weissman. Mr. Lowell represents Steven Rosen in the case. The article addresses the Republican and Democratic parties' supposed need to make the case go away before the upcoming election as subpoenaing officials to reveal how Middle East policy is actually created in Washington would be unseemly during an election season dominated by themes of hope, change and the restoration of integrity.
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
Abbe D. Lowell was quoted in the August 19 issue of the Sun Herald in an article regarding Paul Minor's request for release from prison to care for his terminally ill wife. The 5th U.S. Circuit Court of Appeals denied his request on the grounds that he may endanger the public's safety if released pending appeal of his judicial bribery conviction. "Paul and his family are disappointed in the outcome and in the court's lack of explanation. Having spent almost two years incarcerated shows without any doubt that he is sober and safe. We cannot wait for the hearing on our appeal so we can have the entire case reconsidered," said Mr. Lowell, Minor's lawyer.
Abbe D. Lowell, Appellate, Trial
Abbe D. Lowell was quoted in the August 8 issue of The Raw Story in an article regarding a brief filed by Paul Minor that appeals a Department of Justice decision that prevents him from visiting his dying wife. Mr. Lowell, Minor's lawyer, noted that Mrs. Minor's condition is worsening. "Her cancer is spreading everywhere," he said. "Even if these prosecutors were so cold hearted and so focused on getting Paul, they should have been humane enough to agree to some release terms that would enable him to be with his very sick wife," Mr. Lowell added.
Abbe D. Lowell, Appellate, Trial
Abbe D. Lowell was quoted on August 6 by WDAM-TV in a report regarding Paul Minor's appeal of his judicial bribery conviction. Mr. Lowell, Minor's lawyer in the case, noted that Minor "was improperly selected for prosecution" by a politicized Department of Justice.
Abbe D. Lowell, Appellate, Trial
Abbe D. Lowell was quoted in the August 6 issue of the Jackson Free Press in an article regarding a Department of Justice motion opposing Paul Minor's request for release pending appeal of his 2007 corruption conviction. Mr. Lowell, Minor's lawyer in the case, noted that Minor's wife is in the final stages of cancer. "The prosecutors have become persecutors in not even allowing a compassionate release so that Mr. Minor can be with his wife in her last days. We hope the court of appeals will see that Paul has raised substantial issues on his appeal and that there are of course conditions under which he could be released," he said.
Abbe D. Lowell, Appellate, 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."
Edward P. Leibensperger, Pro Bono & Community Service, 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
Abbe D. Lowell was mentioned on August 1 by the Associated Press in an article regarding Paul Minor's claims that he has been the target of a politicized Department of Justice that forced him into a bribery conviction. Mr. Lowell is Paul Minor's lawyer in the case.
Abbe D. Lowell, Appellate, 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.
Abbe D. Lowell was quoted in the July 31 issue of The Dallas Morning News in an article regarding defense attorneys' requests to access 1,200 backup tapes the FBI seized as part of a bribery investigation of Dallas city officials. Mr. Lowell represents developer Brian Potashnik, who is accused of bribing officials in exchange for contracts to build apartments in southern Dallas. Mr. Lowell noted that the defense team continues to wait for access to the tapes which could contain evidence that clears their clients. He added that the delay by prosecutors "can no longer be tolerated" and that the situation is "inexcusable given that this investigation is over three years old."
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.
Edward P. Leibensperger, Pro Bono & Community Service, Trial
Abbe D. Lowell was mentioned on July 31 by WLOX 13 in a report regarding Paul Minor's claim that his bribery conviction is the result of selective prosecution by a politicized U.S. Justice Department. Mr. Lowell is Minor's lawyer in the case.
Abbe D. Lowell, Appellate, Trial
Abbe D. Lowell was quoted in the July 30 issue of the Jackson Free Press in an article regarding Paul Minor's argument in the Fifth Circuit Court of Appeals that Judge Henry Wingate showed bias against the defense in Minor's 2007 trial by changing jury instructions from his 2005 trial and ordering the removal of evidence from the 2005 trial that had stalled the jury's guilty verdict. Mr. Lowell, Minor's lawyer in the case, is confident, indicating "I know we will overturn the verdict."
Abbe D. Lowell, Appellate, 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
Abbe D. Lowell was mentioned in the July 17 issue of The AmLaw Litigation Daily in an article regarding U.S. v. Rahmani. Mr. Lowell, who represents defendant Roya Rahmani, led an effort to file 15 motions to dismiss the case on the grounds of selective prosecution, due process violations and First Amendment violations. "The prosecutors' attempt to charge our clients, who are accused of helping a group opposed to the current Iranian regime, through an unprecedented twisting and stretching of the laws against terrorism and other charges, has resulted in this unprecedented set of pre-trial motions," Mr. Lowell noted in a press release.
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
Abbe D. Lowell was mentioned in the July 16 issue of The Washington Post in an article regarding the 2001 disappearance of Chandra Levy. Mr. Lowell served as Representative Gary Condit's lawyer during the investigation.
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
Abbe D. Lowell was quoted on July 10 by the Associated Press in an article regarding Paul Minor's appeal of his judicial bribery conviction. Mr. Lowell, Minor's lawyer in the case, noted that U.S. District Judge Henry T. Wingate made several errors during the trial "that ultimately resulted in an unlawful conviction and sentence."
Abbe D. Lowell, Appellate, Trial
Abbe D. Lowell was quoted on July 9 by WLOX 13 in a story regarding Paul Minor's appeal of his judicial bribery conviction. Mr. Lowell, Paul Minor's lawyer, is appealing Minor's bribery conviction on the grounds that U.S. District Judge Henry T. Wingate made errors in the trial "that ultimately resulted in an unlawful conviction and sentence."
Abbe D. Lowell, Appellate, Trial
Abbe D. Lowell was mentioned in the July 8 issue of The AmLaw Litigation Daily in an article regarding Paul Minor's appeal of his judicial bribery conviction. Mr. Lowell, Minor's lawyer, argues in the appeal that Judge Henry Wingate gave jurors different instructions at Minor's second trial than he did at the first. Mr. Lowell also claims that Judge Wingate improperly used bribery standards when sentencing Minor to 11 years.
Abbe D. Lowell, Appellate, 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
Abbe D. Lowell was mentioned in the June 30 and July 1 issues of The Biloxi Sun Herald in an article regarding Paul Minor, a Biloxi lawyer who filed an appeal of his judicial bribery conviction with the 5th U.S. Circuit Court of Appeals. Minor was acquitted of some charges during his 2005 trial, with a hung jury on others, but a conviction came after a second trial in 2007. "Much had changed from the 2005 trial that resulted in acquittals and a mistrial to the 2007 trial that resulted in a hasty conviction and a significant sentence. This appeal addresses these changes - a series of constitutional, evidentiary, legal and sentencing errors by the district court that ultimately resulted in an unlawful conviction and sentence that cannot stand," Mr. Lowell, Minor's lead defense lawyer, and members of the Firm wrote in the appeal.
Abbe D. Lowell, Appellate, 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."
Abbe D. Lowell was quoted in the July 29 issue of The Raw Story in an article regarding a Department of Justice motion opposing Paul Minor's appeal to visit his dying wife. Mr. Lowell, Minor's lawyer in the case, noted that it is up to the Fifth Circuit Court of Appeals to rule on Minor's appeal bond request. He added that Minor can also "seek a compassionate furlough from the Bureau of Prisons based solely on his wife's condition."
Abbe D. Lowell, Appellate, Trial
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
Abbe D. Lowell authored an article in The National Law Journal entitled "Commentary: Crossing Borders." The article discusses the need for a clear understanding of when a country has implicitly or explicitly agreed that its borders are not sacrosanct in all circumstances. Mr. Lowell calls for consistent, clearly enforced standards that address the circumstances under which invading the sovereignty of another nation or crossing its borders is justified.
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
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."
Jeffrey F. Webb, 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
Abbe D. Lowell was quoted in the June 16 issue of Legal Times in an article regarding Jack Abramoff's sentencing scheduled for September 2008 in the U.S. District Court for the District of Columbia. As Jack Abramoff's lawyer, Mr. Lowell noted that while he could face up to 11 more years in prison, his plea agreement anticipates a reduced sentence for his cooperation. "His cooperation to date and the changes he's brought to the system merit as much consideration as any case I'm aware of," Mr. Lowell said.
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.
Jeffrey F. Webb, Class Action, Trial
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.
Matthew J. Jacobs was quoted on June 10 in The National Law Journal regarding the role of general counsel in the U.S. government's investigations of companies and executives involved in stock options backdating. Mr. Jacobs noted that the issue of privilege is particularly complicated in backdating investigations. A controversial 2006 proposal would have created selective waiver in Federal Rules of Evidence 502, allowing companies to partially waive privilege to cooperate with government investigators but not share the information with anyone else. The proposal failed because the government could insist on disclosure from companies protected by partial waivers. "The privilege issues coming out of backdating are significant and they are troublesome. You want companies to be able to investigate allegations of wrongdoing and want them to report to the board and discuss with auditors without waiving privilege."
Matthew J. Jacobs, SEC Defense, Trial
Abbe D. Lowell was quoted in the June 9 issue of The Hill in an article regarding a congressional report that claims the White House inadequately investigated ties between Jack Abramoff and White House aides. The report argues that the White House provided an incomplete review of its contacts with Abramoff and did not interview several White House officials about their contacts with the lobbyist. "Much of what the congressional committees know and what the Justice Department knows result from our client’s cooperation. He continues to work hard to make amends for that of which he has pled guilty," noted Mr. Lowell, Abramoff’s lawyer in the case.
Abbe D. Lowell was quoted in the June 2 issue of The Jerusalem Post in an article regarding the trial of former AIPAC employees, Steven Rosen and Keith Weissman. As Rosen's lawyer, Mr. Lowell publicly attacked AIPAC in May, accusing the organization of unfairly abandoning his client due to concern for its reputation. "They [the Justice Department] played for AIPAC's lawyer about a minute or less of one conversation of many, many conversations and took it out of context, and they scared AIPAC, and AIPAC took its actions," Mr. Lowell said.
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.
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
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."
Abbe D. Lowell was quoted in the May 22 issue of the Forward in an article regarding the trial of former AIPAC employees, Steven Rosen and Keith Weissman. As Rosen’s lawyer, Mr. Lowell accused AIPAC and the American Jewish community of mistreating and abandoning his client. "They [the government] played for AIPAC’s lawyer about a minute or less of one conversation of many, many conversations and took it out of context, and they scared AIPAC, and AIPAC took its actions," he said but added that he "would have expected better out of a Jewish organization." Mr. Lowell called on the Jewish community to encourage the government to reconsider the case and to support Rosen and Weissman. "Offer them jobs, offer them support, because they deserve no less," he said.
Abbe D. Lowell was recognized in the 2008 issue of the Legal Times Almanac of Leading Lawyers. Mr. Lowell was recognized for his "ability to help a client in the hot seat" and his work for lobbyist Jack Abramoff, former Speaker of the House Jim Wright (D-Texas) and former Representative Gary Condit (D-California).
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.
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."
Abbe D. Lowell was quoted on May 14 by the Jewish Telegraphic Agency in an article regarding the classified information case brought by the government against former AIPAC employees Steve Rosen and Keith Weissman. As Rosen’s lawyer in the case, Mr. Lowell noted that, "The government put a lot of pressure on AIPAC and basically misled AIPAC on what it was that Keith and Steve did." He added, "I would like the community to rise up and, having seen all the public information, as a community start saying to the world, the Jewish world and the non-Jewish world, and the media, to the Justice Department and the attorney general: 'Reconsider. This is wrong. You made a mistake.' AIPAC and other groups that got snookered, they should admit they got snookered, and they should both embrace these men."
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.
Abbe D. Lowell was quoted in the April 20 issue of The Dallas Morning News in an article regarding the indictment of former Mayor Pro Tem Don Hill and thirteen others on charges of taking kickbacks from local developers. Mr. Potashnik, the owner of Southwest Housing, is accused of paying bribes to Mr. Hill. As Mr. Potashnik's lawyer, Mr. Lowell said that he is not concerned about comments from co-defendant Allen McGill, who recently plead guilty and is cooperating with government authorities. "Southwest Housing had nothing to do with McGill. He might have tried to extort them, but that was the extent of any connection," Mr. Lowell 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.
Jeffrey F. Webb, 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, Karla L. Palmer, 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.
Edward P. Leibensperger, 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.
Edward P. Leibensperger, 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
Abbe D. Lowell was quoted on March 22 by the Associated Press in an article regarding the espionage trial of Steven Rosen and Keith Weissman, former lobbyists of the American Israel Public Affairs Committee. The trial has been rescheduled eight times, and prosecutors recently revealed that they will appeal a ruling on how classified information will be introduced at trial. As Mr. Rosen's counsel, Mr. Lowell said, "It's now pretty clear that the government does not want to try this case. They filed these charges without thinking them through, and there appears to be no one in government with enough authority or courage to admit they made a mistake." Mr. Lowell was also quoted in JTA and The New York Sun on March 21.
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.
Jeffrey F. Webb, 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."
Jeffrey F. Webb, Employee Benefits Litigation, Trial
Abbe D. Lowell was mentioned in the March 3 issue of the The New York Times in an article regarding the espionage charges against Steven J. Rosen and Keith Weissman, former senior analysts for the American Israel Public Affairs Committee (AIPAC). As Mr. Rosen's lawyer, Mr. Lowell stated that the defense will demonstrate that for years, American policy on Israel and the Middle East has been determined by back-channel conversations between AIPAC and senior policymakers, diplomats and journalists. Mr. Lowell noted that the trial raises "strange and troubling issues, notably the decision to target AIPAC for common and proper behavior that goes on in Washington every day."
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.
Abbe D. Lowell was recognized in the February 2008 issue of American Lawyer as one of 14 Star Laterals of the Year.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
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."
Jeffrey F. Webb, 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.
Jeffrey F. Webb, 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
Christopher D. Man was quoted in a February 6 article published by the Washington Blade regarding Seaman John Dokken's petition to change his 1969 "other than honorable" discharge to an "honorable" discharge. Mr. Man stated that the Navy violated the Fifth Amendment's protection against self-incrimination, failed to provide a hearing in which Dokken could contest the allegation of homosexuality and violated the "Don’t Ask, Don’t Tell" policy by interrogating Dokken about his sexuality. "The Navy cannot redress that injury or erase the years of suffering Mr. Dokken has endured as a result of the Navy's wrongdoing, but the Navy can wash away the blight of the discharge that remains on Mr. Dokken's military record," Mr. Man states in his petition. Regarding the access Dokken would gain to limited military benefits, Mr. Man said, "It's not really about benefits—it's really largely symbolic in this case."
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 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.
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."
Abbe David Lowell is mentioned in the January issue of Washingtonian magazine regarding his role as lead defender of former AIPAC staff member Steven Rosen. Regarding the classified information case, the article states, "a conviction is by no means a sure thing, due in part to an aggressive three-year fight by the defense team, led by Abbe Lowell for Rosen and by John Nassikas III for Weissman. The lawyers' no-stone-unturned litigation fills a foot-thick file of motions and rebuttals in US District Court in Alexandria."
Abbe D. Lowell, Trial, White-Collar Criminal Defense
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, Abbe D. Lowell and Blake D. Rubin.
Bobby R. Burchfield, Joel M. Freed, Abbe D. Lowell, 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.
Pieter H.F. Bekker was quoted in the December 4 issue of Global Arbitration Review regarding his appointment as an adjunct faculty member of Columbia Law School. He will teach international investment arbitration starting in January. "My course is designed to prepare the students for the actual conduct of an investment arbitration, by focusing on the ins and outs of settling disputes through arbitration - from the initiation of the case through to the enforcement of the award," Mr. Bekker said.
, Trial
Abbe D. Lowell was quoted in the November 21 issue of Jewish News Weekly of Northern California in response to the federal judge in the classified information case against two former AIPAC staff members wanting to question prospective jurors about possible anti-Semitic views. "In a case like this which concerns the pro-Israel lobby, defendants who are themselves Jewish, events in the Middle East [and] the times we live in, it’s very appropriate that the judge should be sensitive and ask us to be sensitive to a jury selection device that might minimize the risks of selecting jurors with an anti-Jewish bias," Mr. Lowell said.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
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
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
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.
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
Abbe D. Lowell was quoted in the November 12 issue of The Washington Post in an article regarding the trial of former AIPAC employees, Steven Rosen and Keith Weissman. If the case proceeds, Condoleezza Rice, among others, may be forced to answer questions under oath about her dealings with the defendants. "As a result of the judge's ruling, 15 high-level government officials, including the secretary of state, have to show up in an open courtroom and answer questions under oath and will not be able to hem and haw and use political double talk as if they were at a press conference," said Mr. Lowell, Steve Rosen's lawyer.
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.
Abbe D. Lowell was quoted in a November 2 article published by the Associated Press regarding the subpoena of Secretary of State Condoleezza Rice as well as some of President Bush's top foreign policy advisors in order to testify about their conversations with pro-Israel lobbyists. Abbe commented on behalf of both defendants, who have been accused of receiving secret national security information. "For over two years, we have been explaining that our clients' conduct was lawful and completely consistent with how the U.S. government dealt with AIPAC and other foreign policy groups. We look forward to the trial," Mr. Lowell said. This story appeared in The New York Times, The Washington Post and other news organizations.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
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 Criminal 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
Juliet Blanch, head of the Firm's International Dispute Resolution Group, was ranked 15 out of the top 30 female arbitrators globally by the Global Arbitration Review. The rankings were based on the weighted votes of top arbitrators practicing around the world.
Juliet Blanch, International Dispute Avoidance and Resolution, London, 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
Abbe D. Lowell was quoted in an October 18 article published by The Dallas Morning News regarding the complexity surrounding the trial of Brian Potashnik. Mr. Lowell suggested that Mr. Potashnik would waive his right to a speedy trial so that his lawyers would have time to go through the evidence of more than 30,000 wiretapped phone calls as well as more than 200 boxes of documents. Because prosecutors indicted Mr. Potashnik along with his wife and father, Mr. Lowell stated that the case was both cynical and misguided.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
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 Criminal Defense
Juliet Blanch was quoted in the October issue of Legal Business in recognition of being one of the 50 most influential women in the UK legal market. Ms. Blanch emphasized that in the past, women had to believe in themselves. "I never made the mistake of trying to be more boyish than the boys...I learned quickly that you could be true to yourself and succeed," she said. The article also addressed the benefit of diversity in firms, indicating that in one case, opposing [male] counsel watched Ms. Blanch's approach to interviewing traumatized witnesses and "was convinced that he should always have a female lawyer present."
Abbe D. Lowell was quoted in an October 14 article published by newsday.com regarding Robert Toussie's decision to join in the bidding at a two-day auction of surplus land at the Hyatt Regency Windwatch Hotel in Hauppauge. Mr. Lowell commented that after the two days in court following a threat of police arrest at a 2004 sale, the parties had come to a truce resulting in his ability to bid at auction. "What Mr. Toussie wanted is nondiscriminatory access and that's what's been given," Mr. Lowell said.
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
Abbe D. Lowell was quoted in a September 30 article published by the Jackson Clarion Ledger regarding Paul Minor's request to stay all or part of his sentence pending appeal and for more time to pay his fine. In regards to Mr. Minor's sentence, Mr. Lowell stated that, "To hold Mr. Minor in further detention when the other co-defendants remain free is unfair and should be reconsidered." Mr. Lowell went on to comment on Mr. Minor's fine, stating that, "a lump-sum payment of fine, plus restitution, would place serious and undue hardships on him and his family."
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.
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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
Abbe D. Lowell was quoted in a September 16 article by The Maryland Daily Record regarding an FBI probe into the American Israel Public Affairs Committee (AIPC) and whether or not they supplied controversial information to Israel. Mr. Lowell commented on the high profile case in which Steven J. Rosen, AIPC's foreign policy director, and Keith Weissman, an analyst, were charged with conspiracy dating as a result of the probe. "It's a very laborious, very labor-intensive, very intricate process that requires an enormous amount of work by the court," Mr. Lowell said.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
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.
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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.
Edward P. Leibensperger, 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, International Dispute Avoidance and Resolution, 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 Criminal Defense
Jill Basinger was quoted in an August 14 article published by The Los Angeles Times regarding Academy Award winner Phillip Feiner suing Pacific Title & Art Studio in a wrongful termination suit. Jill commented on the case in which Mr. Feiner was let go in March as the former president of Pacific Title & Art Studio two days before his contract was up. "They believe they acted properly toward Mr. Feiner and they are going to defend the lawsuit vigorously," Ms. Basinger said.
Jill Basinger, HR & Employment Litigation, Trial
Matthew J. Jacobs was quoted in an August 11 article published by The San Jose Mercury News regarding the impact of the jury decision to convict Greg Rayes of security fraud in the first criminal case associated with stock-option backdating. As a former U.S. attorney for the Northern District, Mr. Jacobs commented that there are still many cases in which the Justice department hasn't made a decision about whether or not to pursue criminal charges. "Certainly, everyone involved in these cases has taken note of the jury's verdict, and the government will probably be emboldened to bring more criminal cases," Mr. Jacobs said.
Matthew J. Jacobs, SEC Defense, Trial, White-Collar Criminal Defense
Pieter Bekker is listed among some 600 entries in the first edition of Who's Who in Public International Law (Crestwall, 2007), a publication masterminded by Sir Elihu Lauterpacht, Professor of International Law Emeritus at the University of Cambridge.
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Pieter Bekker was quoted in an August 7 article published by Compliance Week regarding the need for defensive strategies in foreign litigation, as shown by the latest U.S. company to be involved with overseas regulators, the Bank of New York. Mr. Bekker commented on the $22.5 million lawsuit by Russian authorities for illegal money transfers, even though the Bank of New York claims that they neither have an office nor conduct any business within the Russian Federation. "There is no universal treaty that provides for the recognition and enforcement of judgments. U.S. courts are not bound to enforce a Russian judgment," he said. Mr. Bekker went on to state that the best way to get protection is to file a competing lawsuit in U.S. courts to seek an anti-trust injunction.
, International Dispute Avoidance and Resolution, Trial
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
Abbe D. Lowell was quoted in the August issue of The American Bar Association Journal in an article regarding honest service charges and the courts struggle to differentiate between clear instances of fraud from job duties that naturally involve politics. Mr. Lowell explains that federal prosecutors use the law aggressively in determining how far theft of honest services will go. "One thing about criminal cases that we always counted on is that people should be given fair notice of when their conduct does and does not violate the law. When you start using those rules so broadly, you lose any sense of notice," Mr. Lowell said.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
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.
Raquel Rodriguez, 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 Criminal 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.
Thomas O. Bean, Restructuring & Insolvency, Trial
Abbe D. Lowell was mentioned in a July 13 article published by The Las Vegas Sun regarding Nevada Governor Jim Gibbons opening a new legal defense fund to cover various legal expenses including the recent FBI probe accusing him of taking money and gifts in exchange for helping a Reno company get defense contracts. Mr. Lowell has been hired to advise Mr. Gibbons on FBI questioning.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
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
Abbe D. Lowell was quoted in a June 28 article published by The Clarion Ledger regarding the trial delay of Paul Minor due to the federal government's attempt to enhance his sentencing based on uncharged and untried conduct. Mr. Lowell was Mr. Minor's lead attorney during his first trial in 2005 where he was found not guilty and has been brought on for the sentencing portion of this case. "The government has threatened to make the sentencing hearing unwieldy by seeking a sentence based on uncharged and untried conduct - obstruction of justice, a charge not found by the jury. The government also asks the court to engage in judicial fact-findng to enhance Mr. Minor's sentence because it claims there was a staggering amount of loss and that his offense involved what it deems to be sophisticated means," Mr. Lowell said.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
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.
Abbe D. Lowell was quoted in a June 24 article published by US News & World Report regarding the flurry of new legal business due to the Democratic takeover in Congress. Abbe has worked for both the democratic party and defended lobbyist Jack Abramoff. "You can't substitute for knowing people," Mr. Lowell said.
Abbe D. Lowell was quoted in a June 18 article published by the Washington Post regarding an informal group of Washington D.C. white-collar criminal defense attorneys. Mr. Lowell commented on the tight-knit group and on their system of referring work to others. "Obviously it is both human nature and a good thing for people to help those who help them. It's a rule of good human resources," he said.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
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.
Abbe D. Lowell was quoted in a June 17 article in Newsday regarding Suffolk County's spending of $1.4 million in their latest legal battle against real estate investor Robert Toussie in order to create a system to recapture old e-mails and archive the county's electronic messages. Mr. Lowell is defending Mr. Toussie's right to buy property after he claimed that his civil rights were violated. "What the county is spending here is unconscionable," said Mr. Lowell. "All my client wants to do is write a check to the county. Instead of spending millions, they could be bringing in millions."
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 & Pensions, 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 & Pensions, Trial
Abbe D. Lowell was mentioned in a June 11 article published by Fox News regarding the federal investigation of former American Israel Public Affairs Committee employees Steven J. Rosen and Keith Weissman. The trial has been postponed after a judges verdict that the evidence against the defendants could not be closed to the public. When asked to comment further on the case, Mr. Lowell did not respond.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
Abbe D. Lowell was mentioned 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. Lowell was recently recruited to McDermott and has been working with Nevada's Republican Governor regarding an FBI probe into allegations that he accepted favors from financial donors in exchange for helping obtain government contracts.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
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
Abbe D. Lowell was mentioned in a May 25 article published by the Associated Press regarding his representation of a client in a recent FBI probe. Mr. Lowell was one of two lawyers working with this client in regards to requirements and controls for legal defense funds. This article appeared in the Reno Gazette Journal and the Las Vegas Sun.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
Matthew J. Jacobs was quoted in the May 23 edition of the Daily Journal in an article regarding the choice of the federal government to pursue options backdating charges against Gregory Reyes, former CEO of Brocade Communications Systems, Inc., and not against current Apple Inc. CEO Steve Jobs. Mr. Jacobs commented on the possibility that the SEC may or may not have enough evidence to fully prosecute Steve Jobs. "These things are always going to turn on the nuances," he said.
Matthew J. Jacobs, SEC Defense, Trial, White-Collar Criminal Defense
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
Abbe Lowell was quoted in the April 27 issue of The National Law Journal in regard to the political fallout of the firing of eight U.S. attorneys. Individuals facing indictments should have a legitimate avenue to seek review in Washington, said Mr. Lowell. "This scandal will make it even hard to come by and that's bad for the system."
Elections & Political Law, 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
An article announcing the move of Abbe Lowell to McDermott was published in the April 17 issue of The Wall Street Journal.
Elections & Political Law, 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."
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 Criminal 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
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 Criminal Defense
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
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
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 & Pensions, 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.
Matthew J. Jacobs was quoted in the January 11 issue of The Seattle Times in an article about the charges against private investigator Bryan Wagner for his involvement in the HP probe. Mr. Jacobs commented that the way Wagner was charged suggests that he is cooperating with investigators. "The government likes to start at the lowest point in the chain of responsibility and flip people…to build the case against those more senior," he said.
Matthew J. Jacobs, Corporate Responsibility and Governance, Trial, White-Collar Criminal Defense
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
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 Criminal Defense
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.
2006
Matthew J. Jacobs was quoted in an October 24 article published by Bloomberg regarding an ongoing options backdating investigation at Comverse Technology, Inc. Former Comverse CFO David Kreinberg is the first executive to plead guilty, but as part of a plea deal, he implicated former Comverse CEO Jacob Alexander. Mr. Jacobs discussed the government's use of plea agreements to convince executives to conspire against higher ranking executives. "It's always helpful to the government to have someone on the inside who can give life to documents and explain from the insider's [perspective] what occurred," he said.
Matthew J. Jacobs, Corporate Responsibility and Governance, Trial
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 & Pensions, Employee Benefits Litigation, Trial
Matthew J. Jacobs was quoted by USA Today on December 12 regarding the Justice Department's new guidelines that could curb prosecutors in their fight against corporate crime. Mr. Jacobs called the guidelines a real helpful correction, commenting, "The government has had so much power and discretion that it overplayed its hand."
Matthew J. Jacobs, Corporate Responsibility and Governance, 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
Matthew J. Jacobs was quoted in the November 27 issue of The National Law Journal on white-collar federal prosecutions. Mr. Jacobs commented that the statistics, which indicate a 31 percent decrease of white-collar federal prosecutions compared to levels reported in 2001, are surprising. "Maybe they [government investigations] are not resulting in prosecutions, but there is a tremendous amount of activity." The numbers could represent "a lull before the storm," continued Mr. Jacobs.
Matthew J. Jacobs, Trial, White-Collar Criminal Defense
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
Matthew J. Jacobs was quoted by The Los Angeles Times on November 16 regarding continued executive terminations surrounding alleged option manipulation. Mr. Jacobs commented, "The reason that companies typically terminate executives is to take a step to avoid prosecution of the company itself."
Matthew J. Jacobs, Corporate Responsibility and Governance, 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 & Pensions, Employee Benefits Litigation, Trial
Michelle Manzo was mentioned in the October 31 issue of The Los Angeles Times in connection with her pro bono representation, along side tenant-rights group Strategic Actions for a Just Economy, of Los Angeles renters who launched a campaign against their landlords seeking damages, as well as their building to be repaired and before that is done, for a judge to order the landlord to live in the building for two nights as punishment.
Michelle L. Manzo, Pro Bono & Community Service, 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 & Pensions, 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."
Matthew J. Jacobs was quoted in the October 14 edition of The San Francisco Chronicle in an article discussing the extent to which federal agencies are investigating options backdating allegations and related criminal charges. He commented on how the government is allowing companies to perform internal investigations. "The government has given companies some leeway to do their own investigations," he said. "So you are seeing a rash of public statements, restatements, resignations and firings as companies position themselves to deal with the government."
Matthew J. Jacobs, Corporate Responsibility and Governance, Trial
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
Matthew J. Jacobs was quoted in the October 4 issue of The San Jose Mercury News in an article regarding the investigation into the legality of HP's board investigations. Mr. Jacobs said that the case against Patricia Dunn and other HP executives comes down to poor judgment. "It doesn't reach the heart of the company's business like the Enron case did," he said.
Matthew J. Jacobs, 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
Matthew J. Jacobs was quoted in the September 21 issue of The San Jose Mercury News in an article regarding potential charges brought against individuals involved in the recent Hewlett-Packard pretexting investigation. Mr. Jacobs commented on the difference between bad judgment and committing a crime. "If the facts are that these people got legal opinions that these practices were acceptable, it's going to be very difficult for the government to bring a criminal case," he said.
Matthew J. Jacobs, Corporate Responsibility and Governance, Trial
Matthew J. Jacobs was quoted in the September 21 edition of MarketWatch in an article regarding Hewlett Packard's (HP) release agreement with two former directors whereby HP and the former directors agreed to not sue each other. Mr. Jacobs commented on the agreement, which also provides that HP pay any legal expenses incurred by the former directors due to legal or governmental inquiries stemming from the highly publicized HP pretexting matter. "It's not usual for a company to do something like this in this type of situation," he said.
Matthew J. Jacobs, Corporate Responsibility and Governance, 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
Matthew J. Jacobs was quoted in the September 19 issue of The New York Times in an article regarding potential charges brought against individuals involved in the recent Hewlett-Packard pretexting investigation. Mr. Jacobs commented on the argument that California prosecutors would have to prove in order to find the individuals involved guilty. "Poor supervision is not a crime," he mentioned.
Matthew J. Jacobs, Corporate Responsibility and Governance, Trial
Matthew J. Jacobs was quoted in the September 14 issue of the Washington Post in an article regarding options backdating probes. Mr. Jacobs commented that businesses in Silicon Valley, many of which are currently being investigated, were growing quickly and did not have experienced in-house accounting and legal expertise. "Young companies…do not necessarily have a long tradition of corporate governance," he mentioned, “and part of it is learning on the job."
Matthew J. Jacobs, Corporate Responsibility and Governance, Trial
Matthew J. Jacobs was quoted in the September 11 issue of Business Week in an article about the practices leading up to the options backdating-related legal issues. In reference to the 74 SEC inquiries and 49 criminal probes in this area, Mr. Jacobs commented, "It is unprecedented to have so many major corporations under investigation at one time."
Matthew J. Jacobs, Corporate Responsibility and Governance, Trial, White-Collar Criminal Defense
Matthew J. Jacobs was quoted in the September 9 issue of the San Francisco Chronicle in an article on the federal government’s investigations of fraud and misrepresentation relating to Hewlett-Packard's hiring of private investigators to find the source of board leaks. Mr. Jacobs commented that it will be difficult to prove wrongdoing by Hewlett-Packard because of its use of a chain of contractors. "Each step (removed) makes it all that much more difficult to prove a case," he mentioned.
Matthew J. Jacobs, Corporate Responsibility and Governance, Trial, White-Collar Criminal Defense
Matthew J. Jacobs was quoted in the August 9 issue of Red Herring on options backdating. In regard to charges against Comverse Technology executives, Mr. Jacobs commented, "What's interesting is that the government filed a criminal complaint as opposed to seeking an indictment. The significance of that is that by filing a criminal compliant, the government gets to spell out all its evidence in an affidavit."
Matthew J. Jacobs, Corporate Responsibility and Governance, Trial, White-Collar Criminal Defense
Matthew J. Jacobs was quoted in the September 8 issue of the San Francisco Chronicle in an article about the Internal Revenue Service (IRS) joining other federal agencies in investigating companies for backdating options. Mr. Jacobs commented on the large amount of public attention focused on this area. "These federal agencies are not immune from wanting a part of such high-profile cases" he said.
Matthew J. Jacobs, Corporate Responsibility and Governance, Trial, White-Collar Criminal Defense
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 backdating may try to avoid severe punishments by arguing that they were merely following the direction of their legal and financial advisors. "If the companies and their management are being accused of wrongdoing, they may point to their legal and accounting advisors," he said.
William P. Schuman PC, Securities, Securities Litigation, Trial
Chris Scheithauer was profiled in the August 17 issue of The Orange County Register regarding being named a Southern California "Rising Star" by Law & Politics Magazine. Mr. Scheithauer said, "I love the adrenaline rush of hard fought litigation involving high caliber opposing counsel, the intellectual chess match, and trying to plan and carry out the path to victory."
Matthew J. Jacobs was quoted in the August 15 issue of The National Law Journal in an article regarding recent attacks on DOJ tactics in white-collar cases. Mr. Jacobs commented that the KPMG case and the U.S. Supreme Court's reversal of Andersen's conviction will have a strong effect on the government. "Challenging fee arrangements was always on the extreme end of what the government was doing in compelling companies to cooperate," he mentioned.
Matthew J. Jacobs, Corporate Responsibility and Governance, Trial, White-Collar Criminal Defense
Mark Pearlstein was quoted in the August 2 issue of The Boston Globe on Brooks Automation’s legal action against its former chief executive. Mr. Pearlstein noted that sometimes companies under scrutiny file lawsuits against former executives to show the government they have distanced themselves from people who got the company in trouble.
Steven S. Scholes was quoted in the August edition of the Chicago Lawyer in an article regarding the decline of securities class action suits. Mr. Scholes commented on how the decline may be based on the fact that most of the major cases have settled and as a result of the Sarbanes-Oxley Act as well as a series of high profile scandals, companies have been deterred from engaging in fraudulent behavior. "Some of the larger, more well-publicized cases we've been reading about may be working their way through the system and returning us to a more normal state of affairs," Mr. Scholes said.
Steven S. Scholes, SEC Defense, Trial
Juliet Blanch received mention as a specialist among the elite firms listed in Global Arbitration Review's (May issue) article on London's "biggest and best" international arbitration groups. The article ranks arbitration practices by peer respect, with McDermott falling into the "ones to watch" category and commenting on Ms Blanch's "fine stylish practice."
Juliet Blanch, Alternative Dispute Resolution, International Dispute Avoidance and Resolution, Litigation - London, London, Trial
Peter Sacripanti was quoted in the Sunday Business section of The New York Times on July 30 in a profile piece on the architecture and design of our New York office. What Peter calls "the face of the firm to the outside world" is he says "consistent with the way we practice law. We are not afraid to innovate."
Nancy Ross was quoted in the July 24 issue of Business Insurance in an article regarding a federal appellate court's ruling that a retired employee cannot challenge the elimination of retiree health benefits. Ms. Ross commented on the court's analysis in reaching its conclusion that the retiree had not pled enough facts to prove reliance on the alleged representations, noting in particular the surprising result by a court typically considered to be more protective of employees in benefits matters.
Nancy G. Ross, Employee Benefits & Pensions, Employee Benefits Litigation, Trial
Derek Meyer was quoted by the New York Times (September 7) regarding his client James Frey, author of “A Million Little Pieces.” Mr. Frey admitted to making up portions of the best-selling memoir. Mr. Frey and Random House, his publisher, did not admit to wrongdoing, but agreed to a settlement with readers who filed lawsuits claiming they had been defrauded. “We worked with Random House on whether to resolve these lawsuits and the desire to move on became a powerful incentive to resolve what are otherwise very weak cases,” commented Mr. Meyer.
Jason Levine was named in Lawdragon Magazine's (June 2006) inaugural list, "Lawdragon 500 New Stars," recognizing both up-and-coming talent as well as lawyers who have created fascinating new practices.
Jason A. Levine, Intellectual Property, Trial
Jason Levine was quoted extensively in the June 1 issue of The Register-Herald in regard to the oral arguments presented on behalf of three Republican organizations in former gubernatorial candidate Charlotte Pritt's 9-year-old libel lawsuit regarding ads aired against her in her failed 1996 bid for Governor of West Virginia. The court denied Pritt's motion for a new trial or judgment as a matter of law. During argument, Mr. Levine explained that Pritt had no legal or factual grounds for relief, but was merely disappointed by her defeat.
Jason A. Levine, Elections & Political Law, Trial
Michael Kendall was quoted in the May 26 issue of the Christian Science Monitor regarding the effect of the guilty verdict in the Enron case will have on the "corner office." Now a CEO is more than a manager: "The concept is crisis management...You have to manage the crisis before it consumes you."
Michael Kendall, Corporate Responsibility and Governance, Trial
Steven S. Scholes was quoted in a May 2 article published by Securities Law360 regarding McDermott's close link between the firm and federal regulators. Mr. Scholes, a former attorney to the SEC's Division of Enforcement, discusses how these relationships often help their clients avoid a trial altogether. "We value very highly the credibility that we have with government lawyers. Much of our practice is against the government or regulatory agencies and we greatly guard the reputation we've developed with them over the years," Mr. Scholes said.
Steven S. Scholes, SEC Defense, Trial
Michael Kendall was quoted in the May issue of CFO Magazine on section 113 of the U.S.A. Patriot Improvement and Reauthorization Act primarily aimed at combating terrorism.
Eugene Goldman was quoted by Dow Jones, Reuters and CFO. com on April 12 regarding the SEC action and settlement with PKF, a UK auditing firm.
Eugene I. Goldman, Corporate Responsibility and Governance, Trial
Eugene Goldman was quoted by Dow Jones, Reuters and CFO. com on April 12 regarding the SEC action and settlement with client PKF, a UK auditing firm.
Gordon Greenberg was quoted in the April 7 issue of the Los Angeles Daily Journal in the article, "U.S. Judge Tosses Shareholders' Class Action Suit Against Perot Systems," mentioning McDermott's representation of Perot Systems in its recent class action victory. Mr. Greenberg stated, "Perot Systems is not an energy provider and has never been found to have done anything wrong." Francisca Mok was also mentioned as a member of the team representing Perot Systems.
Gordon A. Greenberg, Francisca M. Mok, Class Action, Trial
Edward P. Leibensperger authored an op-ed which ran in the April 4 issue of The Boston Globe entitled, "Protecting Judicial Independence" addressing Governor Romney's recent decision to issue executive order 470, thereby limiting the role of the Judicial Nominating Commission in the Massachusetts nomination process.
Edward P. Leibensperger, Trial
In its April issue Legal Business recognized McDermott's commercial litigation experience in a recent article that identified the U.S. law firms who are going head-to-head with the Magic Circle UK law firms. McDermott was ranked in the "major U.S./global firms" category.
Litigation - London, London, Trial
Melvin White was mentioned in the March 13 issue of Legal Times as a candidate for president-elect of the D.C. Bar.
, Trial
Steven S. Scholes was mentioned in the March edition of The American Lawyer in an article regarding former stock trader Daniel Calugar's agreement to pay the Securities and Exchange Commission $153 million in a mutual funds settlement.
Steven S. Scholes, SEC Defense, Trial
Lazar Raynal was listed as the lawyer representing Liesel Pritker in the $900 million settlement of Pritzker v. Pritzker, the largest settlement in Crain's Chicago Business’s list of Illinois’s largest verdicts and settlements of 2005 published on February 20.
Lazar P. Raynal, Private Client, Trial, Trust & Estate Controversy, Trust & Estate Controversy Experience
Juliet Blanch was quoted in the February 16 issue of Financial Times in regard to bilateral-investment-treaty-based disputes and how developing country governments don't have access to the information traded in these cases.
Juliet Blanch, Alternative Dispute Resolution, International, London, Trial
Linda Doyle was quoted extensively in the February issue of CFO Magazine regarding so-called right-to-smoke laws in some states that make it illegal for employers to discriminate against smokers in employment or hiring decisions.
Linda M. Doyle, Labor & Employment, Trial
Steven S. Scholes was mentioned in the February edition of Chicago Magazine in recognition of being named among the top five percent of securities litigation attorneys by Illinois Super Lawyers 2006 . This recognition is based on peer nominations and independent research.
Steven S. Scholes, SEC Defense, Trial
Jeff Stone was quoted in the January 26 issue of the Washington Post on the impact of new laws and regulations surrounding corporate fraud.
Jeffrey E. Stone, Corporate Responsibility and Governance, Trial
Russell Hayman was quoted in the January 25 issue of Cal Law in the article "Medicare May Face Fraud Epidemic." With a steady stream of government cash lurking above the $5,100 mark, the eligibility gap "donut hole" gives an incentive for pharmacies "to report greater costs than what they actually incurred to qualify the other side of the donut hole," Mr. Hayman said. "I have never understood, from a legislative perspective and from a policy perspective, what was gained by creating the donut hole."
Russell Hayman, Health, Managed Care, Trial
Peter Sacripanti was quoted in the January 13 issue of The New York Times on the trend of clients pushing law firms to assign an outside provider to conduct legal research. Peter provided the law firm perspective, "I see them [legal research companies] as a means to attempt to effectively control the cost of the outside counsel which is the job of every corporate counsel. And we, as a firm, support our clients in achieving that goal."
Nancy Ross was quoted in the January 12 issue of New York Law Journal in an article pertaining to how Xerox Corporation violated ERISA by cutting back the benefits of 100 employees through establishing “phantom accounts.” Nancy Ross is quoted as saying, “Twenty years ago, when ERISA was very new, when plan participants claimed they were entitled to something that went beyond the terms of the plan because they had no notice or someone had told them something different, courts were by and large rejecting them out of hand,” Ms. Ross said. “Now, more and more courts are accepting these arguments.”
Nancy G. Ross, Employee Benefits Litigation, Trial
Steven S. Scholes was mentioned in a January 11 article published by The New York Times regarding former stock trader Daniel Calugar's agreement to settle the Securities and Exchange Commission's accusations that he improperly traded mutual funds after market hours.
Steven S. Scholes, SEC Defense, Trial
2005
Eugene Goldman was interviewed on Bloomberg Radio on December 14 in regard to the SEC investigation into Hollinger.
Eugene I. Goldman, Securities Litigation, Trial
M. Miller Baker was quoted by United Press International on December 2 regarding Research in Motion's "Work-Around" for Blackberry.
Matthew Jacobs was quoted in the November 6 issue of the San Diego Union-Tribune regarding San Diego's engagement of Kroll to "do an internal investigation, identify wrongdoing, identify wrongdoers, recommend corrective actions and try to demonstrate to the government that the problems have been resolved."
Matthew J. Jacobs, Trial, White-Collar Criminal Defense
Linda Doyle was quoted in the November issue of CFO magazine advising CFOs not to treat noncompete agreements lightly because all too often they are not appreciated in terms of enforceability.
Linda M. Doyle, Labor & Employment, Trial
Bobby Burchfield was listed in the inaugural issue (October 2005) of Law Dragon, a new national legal publication, among the top 500 lawyers in the United States, which represents less than one percent of the lawyer population.
Eugene Goldman was quoted by Reuters on September 29 in an article reporting the SEC had given subpoena power to its investigators in a probe of sales of HCA Inc. stock by Senate Majority Leader Bill Frist.
McDermott was featured in four cases and one M&A deal in the Crain's Chicago Business's list of 2005's big litigation and deals published on September 19. Lazar Raynal (Pritzker v. Pritzker), Rick Meyer (Lorillard Tobacco Co. v. Chester Wilcox & Saxbe LLP), Steven Scholes (SEC v. Calugar), Mike Pope and Christopher Murphy (Oshana v. Coca-Cola Co.), all trial partners based in Chicago were mentioned in the litigation list. John Tamisiea and Michael Fayhee were mentioned in the deal list for Gardner Denver Inc.'s purchase of Thomas Industries Inc.
Michael R. Fayhee, Derek J. Meyer, Christopher M. Murphy, Michael A. Pope PC, Lazar P. Raynal, Steven S. Scholes, John P. Tamisiea, Corporate, Mergers & Acquisitions, Trial
McDermott was mentioned in the September 14 issue of Handelsblatt regarding an article about the decision of the Illinois Supreme Court concerning punitive damages and class actions; our team expect consequences from this decision for the class action against Philip Morris.
Steven P. Handler PC, Michael A. Pope PC, Class Action, Trial
M. Miller Baker was quoted in the September 5 issue of Legal Times regarding the District of Columbia Circuit's sua sponte decision to initially hear en banc two cases involving the scope of congressional immunity under the speech or debate clause of the Constitution. Mr. Baker commented that it was very, very rare for the D.C. Circuit to undertake en banc review as an initial matter.
M. Miller Baker, Elections & Political Law, Trial
Ned Leibensperger was mentioned in the September 1 issue of The Boston Globe as the new president of the Boston Bar Association.
Edward P. Leibensperger, Trial
Eugene Goldman was quoted in the August 29 issue of Tire Business regarding "Wells notices" issued by the SEC. Mr. Goldman commented, "There are times when the Wells notice goes out and no action is brought." He said "If the company's restated, then they've already taken a hit in the marketplace. The issue is whether the SEC has uncovered additional things that would cause them to restate more." He outlined the potential enforcement action. The first tier applies to violations that don't involve fraud or substantial investor losses and carries fines of $50,000 per violation. The second tier applies to violations that include fraud, deceit or deliberate disregard of regulatory requirements but without significant shareholder losses and carries fines of $500,000 per violation. The violations can be multiplied by financial reports affected or other metrics, but fines have room for negotiation.
Eugene I. Goldman, Corporate Responsibility and Governance, Securities Litigation, Trial
Bobby Burchfield was listed among the Greater Washington Legal Elite in the August issue of Washington Smart CEO. The magazine contacted thousands of lawyers in the Washington, D.C. area asking them to assess their peers and colleagues and nominate those whom they believe to be among the top Washington, D.C. attorneys.
Bobby R. Burchfield, Intellectual Property, Trial
Peter Sacripanti was quoted in the July 31 issue of The New York Times as lead lawyer for Exxon Mobil in the federal lawsuit regarding MTBE.
Derek Meyer was listed in Law Bulletin Publishing Company's 2005 "Forty Under 40" feature publication. "Rick possesses an unusual ability to handle all of the litigation and negotiation aspects of a series of highly complex problems under trying procedural circumstances." Law Bulletin publishes the Chicago Daily Law Bulletin and the Chicago Lawyer.
McDermott, led by Richard Smith, filed an amicus brief in support of the respondent in Town of Castle Rock, Colorado v. Gonzales. Numerous publications reported the case on June 28, including Legal Times, which quoted Mr. Smith. "The decision is an open invitation to states to stand up and really take domestic violence seriously, and not force victims to rely on the federal Constitution to protect them." USA Today, San Francisco Chronicle and WashingtonPost.com reported on the case, quoting Mr. Smith: "The second tragedy in this case could very well be that victims of domestic violence will read this opinion to mean that protection orders are not worth the paper they're printed on, and that impression would be false." He also participated in an online debate on www.ScotusBlog.com.
Richard W. Smith, Pro Bono & Community Service, Trial
Mauricio Flores was quoted in The Wall Street Journal on June 14 in regard to the U.S. Supreme Court's decision, vacated and remanded, in Merck KGaA v. Integra LifeSciences (03-1237), in which Mauricio argued before the Court on behalf of Integra. Mauricio was also quoted in the Associated Press, Law.com, Washington Post,Los Angeles Times, The New York Times, San Diego Union-Tribune and San Francisco Daily Journal.
, Intellectual Property, IP Litigation, Life Sciences & Medical Devices, Life Sciences - IP, Trial
Russ Hayman was quoted in the June 13 issue of the National Law Journal in regard to corporate integrity agreements negotiated with the U.S. Department of Health and Human Services' office of the inspector general as a common form of corporation probation.
Russell Hayman, Health, Health Care Litigation, Trial
Michael Kendall was quoted in the June 10 issue of The Boston Globe in regard to charges of mail fraud and money laundering against Bradford Bleidt.
Michael Kendall, Trial, White-Collar Criminal Defense
Mark Pearlstein was quoted in The Boston Globe on June 7 regarding the grand jury indictment of former Massachusetts House Speaker Thomas M. Finneran, who is facing three counts of perjury and one count of obstructing justice.
Mark W. Pearlstein, Trial, White-Collar Criminal Defense
Steve Scholes was quoted in the May issue of CFO Magazine on the increased cost for companies to settle securities lawsuits. In 2004 the number of suits settled was up 23 percent from 2003 but the total cost to settle the case more than doubled to $5.5 million. The larger settlements are mostly due to the larger losses incurred by the plaintiffs and pressure to settle quickly to focus on regulatory issues. "The claimed damages are massive," commented Mr. Scholes
Steven S. Scholes, Securities, Securities Litigation, Trial
M. Miller Baker was quoted in the May 2 issue of Roll Call in an article entitled "Full Circuit to Hear CAA Cases Jointly." The article discusses a surprise move that could lay the groundwork for review by the Supreme Court. The federal appeals court, which is now hearing two lawsuits against Members of Congress has decided to hear both cases together in front of the entire circuit, rather than in separate hearings. Mr. Baker said in regard to the Supreme Court hearing the two lawsuits together that "it's highly, highly unusual. Put another way, it's extraordinary." He continued to say that perhaps the last time a full circuit court took a case "as an original matter" was in Bush v. Gore in 2000, when the full 11th Circuit decided to hear the lawsuit directly from the trial court.
M. Miller Baker, Elections & Political Law, Government Strategies, Trial
Terry McMahon and Vera Elson were quoted in the May issue of Patent Litigation Reporter in regard to Extreme Networks' patent victory against Lucent Technologies. "We are very thankful," commented Mr. McMahon. "It was a very smart, careful jury." The jury's verdict was a "victory for the little guy," according to Mr. McMahon. Vera commented that "Lucent missed the boat," with the technology it chose to pursue.
Vera M. Elson, Terrence P. McMahon, Intellectual Property, IP Legislation, Trial
Jeff Stone was profiled in the May 2005 issue of Chicago Lawyer in a cover story titled "From Lawyer to Leader: Mixing the Practice of Law with Running a Firm." The article discusses juggling the roles of practitioner and law firm manager and training that goes into making the transition into management roles. The article described the program at the Harvard Business School that several McDermott lawyers have attended. Stone discussed his plans to build upon the strong culture at McDermott, doing more to promote teamwork. "You have to get everyone working together, collaborating and sharing their skills," Stone said. "We have a lot of talented senior partners, but I want to make sure that expertise flows down to everybody at the Firm." Stone noted his commitment to excellence: employing some of the techniques acquired at the Harvard course in motivating our lawyers to raise standards across the board.
Linda Doyle was quoted in the April issue of CFO Magazine in regard to increased scrutiny of executives' compensation. Ms. Doyle commented that although executives are giving up stock options "there is a demand for more-predictable compensation," meaning more restricted stock grants, stock appreciation rights, and deferred-compensation elements rather than stock options alone.
Linda M. Doyle, Executive Compensation, Labor & Employment, Trial
Richard Smith was quoted in the March 19 online edition of Newsweek ("A Matter of Restraint") about the constitutional due process ramifications of police failures to enforce domestic violence restraining orders. In the first domestic violence case ever heard by the U.S. Supreme Court, McDermott filed an amicus brief on behalf of a number of law enforcement associations in support of the plaintiff in Town of Castle Rock, Colorado v. Gonzales. The amicus brief supports Jessica Gonzales's argument that the local police violated her constitutional rights in ignoring her request to enforce her restraining order against her estranged husband. In the Newsweek article, Mr. Smith reiterated the police organizations' collective position on the matter: "It's simply not the way we expect police to behave."
Richard W. Smith, Pro Bono & Community Service, Trial
Russ Hayman was quoted in the March 14 issue of Report on Medicare Compliance. In the article entitled "Nursing Home Was Sold Before Conviction," he commented on the government wielding multiple enforcement weapons at a wayward facility. Mr. Hayman stated, "It's just a question of how much the authorities want to pile on." The standard for proving a crime is the hardest to meet. He continued, "if that's met, they can pile on civil penalties and administrative penalties."
Russell Hayman, Health, Health Care Litigation, Trial
Jeff Stone was quoted in the March 4 issue of Christian Science Monitor in an article on the release of Martha Stewart. Mr. Stone commented that sympathy from federal probation officers is rare for famous ex-convicts.
Jeffrey E. Stone, Trial, White-Collar Criminal Defense
Bill Boies was mentioned in the February 18 issue of the Chicago Daily Law Bulletin in regard to representing the Illinois Clean Energy Community Foundation in Illinois Clean Energy Community Foundation v. Filan, 2004 App. Lexis 26792 (7th Cir., Dec. 22). The 7th U.S. Circuit Court of Appeals recently affirmed a decision that an Illinois statute requiring the foundations to contribute $125 million of its edowment to the state constituted taking a private property for public use without just compensation and was therefore unconstitutional.
Wilber H. Boies PC, Government Strategies, Trial
Eugene Goldman was quoted in the January 9 issue of the Los Angeles Times on whether the SEC is lessening its zeal for tough enforcement. Over the past two years, SEC has hired more than 1,100 staff members. "They're adding attorneys. They're adding accountants. They're adding investigators," commented Gene. "Their settlement demands make us litigate for clients more than ever before. I don't see how that can mean less enforcement."
Eugene I. Goldman, Corporate Responsibility and Governance, SEC Defense, Securities Litigation, Trial
Steve Scholes was quoted in the January issue of D&O Advisor regarding Sarbanes-Oxley and barring defendants in fraud cases from serving as directors or officers of public companies. The D&O bar from serving as an officer or director may last five, ten or 15 years, or a lifetime. It's a "career death sentence" Mr. Scholes commented. Even a five-year bar could stigmatize executives or board members for the rest of their working lives, he continued. There are currently no statistics on the number of directors and officers who resist a D&O bar. Although it is believed that such cases are rare, Mr. Scholes predicts they are likely to grow, "We're at the precipice of a change."
Steven S. Scholes, Corporate Responsibility and Governance, Trial
Linda Doyle was quoted in the January issue of Corporate Counsel regarding the certification one of the largest civil rights class action in history, a gender discrimination suit brought by 1.6 million current and former female Wal-Mart Stores, Inc. employees. Ms. Doyle discussed the case and said that for Wal-Mart, class certification has taken the settlement value of that case into the tens of millions of dollars. She was asked about the recent changes to the Fair Labor Standards Act (FLSA) regulations regarding exempt employees and class action FLSA litigation. She stated that, depending on the size of the company, a mistake in the exempt/non-exempt classification can cost a company several million dollars, because the statue of limitations on the FLSA cases is two or three years depending on the violation and employers are required to pay back pay to all employees improperly classified as exempt.
Linda M. Doyle, Labor & Employment, Trial
2004
Bill Boies was mentioned in the December 23 issue of the Chicago Daily Law Bulletin in regard to his representation of the Illinois Clean Energy Community Foundation (ICECF). The 7th U.S. Circuit Court of Appeals determined that the state would be violating the U.S. Constitution's prohibition on taking private property for public use without just compensation if it took $125 million from the ICECF, and rejected the notion that the foundation's assets belong to the state. This decision by the 7th U.S. Circuit Court of Appeals was also reported by the Chicago Tribune on December 23.
Wilber H. Boies PC, Government Strategies, Trial
Eugene Goldman was quoted by The Wall Street Journal Online on October 15 in regard to the U.S. Securities and Exchange Commission increasing their technology budget. Mr. Goldman commented on the SEC's move to convert paper documents into searchable electronic files. "They are moving as much as they can away from paper," he commented. Mr. Goldman, who left the SEC enforcement division in 1983, recalls investigators would dig through boxes of documents, tagging relevant items and creating an index of contents. "It took a lot longer back then," he recalled.
Eugene I. Goldman, SEC Defense, Securities Litigation, Trial
On October 6, 2004, Miller Baker testified before the U.S. House of Representatives' Committee on the Judiciary - Subcommittee on the Constitution at an Oversight Hearing regarding "The Presidential Succession Act of 1947" and the future considerations for changes to presidential succession. Mr. Baker's testimony was quoted in Roll Call on October 7, 2004, which reported his statement that "Suffice it to say here that the 1947 act is almost certainly the most dangerous statute to be found in the United States Code." Roll Call agreed with Mr. Baker's testimony that the current succession law "threatens to deprive the United States of clear executive authority at the precise moment" when the need for it would be most urgent was echoed by the other panelists. To view the entire testimony, visit http://www.house.gov/judiciary/baker100604.pdf.
M. Miller Baker, Elections & Political Law, Government Strategies, Trial
Gordon Greenberg was profiled as the "Gentle Giant" on the front page the Daily Journal EXTRA on October 4. The four page feature, cover story highlights Mr. Greenberg's recent work for CDR Enterprises, an entity of the French government arm Consortium Realisation, in the prosecution of Credit Lyonnais, and highlights a number of milestones in his career since serving in the U.S. Attorney's Office in Chicago. The article describes Mr. Greenberg as: "Renowned for his grace under pressure, veteran white-collar criminal defender Gordon Greenberg uses his communication skills to calm nerves and get high-profile clients out of hot water."
Gordon A. Greenberg, Trial, White-Collar Criminal Defense
Michael Kendall was quoted in the September 30 issue of the Washington Post in regard to Martha Stewart serving her sentence at the United States' oldest federal prison for women. Mr. Kendall commented on "life in confinement" regardless of the actual prison. "There's a tremendous loss of control. Your life is regimented from when you get up to what you wear to what belongings you have," commented Mr. Kendall.
Michael Kendall, Trial, White-Collar Criminal Defense
Eugene Goldman was quoted in the September 28 issue of The Wall Street Journal in regard to Fannie Mae's Chief Financial Officer J. Timothy Howard's decision to sell millions of dollars of stock during the period that is now under accounting scrutiny by regulators. Mr. Goldman said the key question [under the relevant SEC rule] is whether Mr. Howard had material non-public information when he entered into his stock-sales plan. "In other situations, the SEC has charged people with insider trading [if the insider was] disposing of company stock while aware of financial irregularities," commented Mr. Goldman. "What you don't know is what is it that he knew before he entered into the plan."
Eugene I. Goldman, Corporate Responsibility and Governance, Trial
Mark Pearlstein was quoted by the Wall Street Journal on September 20 regarding the deferred prosecution agreement included within the resolution Computer Associates discussed with the U.S. Department of Justice. Mr. Pearlstein commented on the agreement saying Computer Associates would have a "sword of Damocles hanging over its head. If the corporation were to screw up, the prosecution could be revived."
Mark W. Pearlstein, Corporate Responsibility and Governance, Trial
Michael Kendall was quoted by the Boston Globe on September 16 in regard to Martha Stewart asking to begin serving her prison sentence as soon as possible. He outlined the steps that would need to be taken in order for Stewart to be granted her request. "First, the judge has to vacate the stay," said Mr. Kendall. "Next, the Bureau of Prisons will take a period of time to look at the defendant and classify her in order to find the appropriate placement. The bureau will look at everything from the severity of the offense to the offender's health and whether she is a security risk." He said that it could take two to three weeks for the Bureau of Prisons to decide where Stewart should serve her time. Most likely she will be remanded to the women's facility in Danbury, where Leona Helmsley, the hotel heiress, served her sentence after being convicted of income tax offenses.
Michael Kendall, Trial, White-Collar Criminal Defense
Jason Levine appeared as a guest on the MSNBC television program The Abrams Report on September 13. Mr. Levine discussed the prospects for a defamation action by Sharon Bush against Kitty Kelley in the wake of Ms. Kelley's recent book about President Bush and his family. A transcript of the show is available at http://www.msnbc.msn.com/id/5999570/.
Jason Levine was featured in the July/August 2004 issue of Washington Lawyer in regard to his course on anti-spam laws. This course is being offered by the D.C. Bar Continuing Legal Education Program. "The course will provide a detailed introduction to, and an overview of, the major anti-spam regimes in the United States: do not fax, do not call and do not e-mail," according to Mr. Levine. "It will also emphasize the state of litigation about these issues throughout the country, and will provide helpful tips."
Jason A. Levine, e-Business, Trial
Bill Boies was mentioned in the August issue of Corporate Legal Times in regard to representing the Illinois Clean Energy Community Foundation (ICECF). The ICECF was ordered to pay the state of Illinois $125 million after the Illinois legislature amended the state utilities act and directed the private foundations to hand over the money to help close the state's huge budget gap. The foundation immediately sought a declaratory judgment in federal court that the state's action was an unconstitutional taking of property without compensation and a violation of due process. In April 2004, federal district court Judge Amy St. Eve agreed with ICECF and rejected the state's argument that the $ 125 million belonged to the state and that the foundation was a public entity. She agreed with the foundation that the state was attempting to take private property without compensation, in clear violation of Fifth Amendment rights.
Wilber H. Boies PC, Government Strategies, Trial
Mark Pearlstein was quoted in the July 19 issue of the Christian Science Monitor regarding the sentencing of Martha Stewart. Mr. Pearlstein commented on the fact that Attorney General John Ashcroft has been particularly adamant that white collar criminals serve time in jail. "In fairness to Ashcroft, jail time has largely been the position of the Department of Justice for a number of years on the theory that for white collar offenders, the prospect of prison or seeing their peers go to prison acts as a form of deterrence," commented Mark.
Mark W. Pearlstein, Trial, White-Collar Criminal Defense
Mark Pearlstein was quoted in the July 17 issue of The Boston Globe regarding Martha Stewart's sentencing. "It is a strikingly lenient sentence. It's a bitter pill for her to swallow. As with any white-collar defendant, any prison time is very difficult." He continued by commenting, "But the judge not only selected to sentence her at the bottom of the range but ordered her to serve it in the most lenient way (with half being served in her home)."
Mark W. Pearlstein, Trial, White-Collar Criminal Defense
Eugene Goldman was quoted by Dow Jones Newswire in an article that appeared in WSJ.com on July 16 in regard to Martha Stewart's civil lawsuit by the Securities and Exchange Commission. Mr. Goldman commented that barring Stewart from the boardroom is the real threat in the SEC's legal action, so if she can settle with the agency without a ban "it may be worth her while."
Eugene I. Goldman, Trial, White-Collar Criminal Defense
Jeffrey Stone was quoted in the July 16 issue of the Los Angeles Times regarding the sentencing of Martha Stewart. Mr. Stone commented on Judge Miriam Goldman Cedarbaum's ruling in Stewart's case.
Jeffrey E. Stone, Trial, White-Collar Criminal Defense
Michael Peregrine was quoted in the July 15 issue ofBNA's Health Law Reporter in an article regarding the effects of Blakely v. Washington on the health care industry and corporate compliance guidelines. Mr. Peregrine doubted that there would be a lasting impact on the health care industry because "the value of an effective corporate compliance program goes well beyond providing a basis for a criminal sentence reduction, so it is hard to imagine a corporation abandoning efforts to revise its programs based on this development."
Michael W. Peregrine, Health, Health Care Litigation, Trial
In an article in the July 2004 issue of Chicago Lawyer, Bill Boies and M. Miller Baker were mentioned in regard to successfully overturning legislation passed in 2003 to force the Illinois Clean Energy Community Foundation to contribute $125 million to state coffers.
M. Miller Baker, Wilber H. Boies PC, Government Strategies, Trial
Gordon Greenberg was quoted in a Reuters wire story regarding the Martha Stewart case. The story which appeared in The Toronto Star, the Calgary Sun and The Ottawa Sun on April 2 reported on Martha Stewart's retrial. "It's an uphill battle for the defense," commented Mr. Greenberg.
Gordon A. Greenberg, Corporate Responsibility and Governance, Trial
Eugene Goldman was quoted by Reuters on March 30 in regard to the possibility that the New York Stock Exchange will be sanctioned by the U.S. Securities and Exchange Commission for failing to properly supervise its floor traders. The article reported that some commission members are considering fining the NYSE or altogether removing the exchange's ability to regulate itself, even though the NYSE has implemented structural changes under John Reed. "All of the changes would certainly have impact on deterring the Commission from launching a nuclear bomb on the exchange in the regulatory context. But if they feel there was a serious breakdown, the SEC will probably proceed with disciplinary measures," commented Mr. Goldman.
Eugene I. Goldman, Corporate Responsibility and Governance, SEC Defense, Securities, Securities Litigation, Trial
Michael Pope was quoted in the Chicago Tribune on February 29 in an article reporting that U.S. Congress is beginning to step in on class action settlements that pay lawyers millions of dollars and give plaintiffs coupons. Congress is currently weighing changes in the rules governing such awards as part of broader legislation aimed at reforming class action laws, including linking plaintiff attorneys' fees to the value of the coupons redeemed. Mr. Pope commented that it is "quite a possibility" that the legislation could result in fewer coupon deals. If that happens it will eliminate some flexibility from the negotiation of class action settlements.
Michael A. Pope PC, Class Action, Trial
Eugene Goldman was quoted in the February 20 issue of Christian Science Monitor regarding the whether Martha Stewart will testify. If she does take the stand two issues that she will have to address will be the phone message from Peter Bacanovic, her stockbroker, that she allegedly changed, and Stewart's version of the story in regards to Sam Waskal selling his imClone stock. "I think the jury is very curious about why she changed the message," commented Mr. Goldman. "Why would she sit down at her secretary's chair and use the mouse on her computer and erase a message and type something else. Why did you panic?" Mr. Goldman also said he would want to ask Stewart if and when she heard that Waskal was selling.
Eugene I. Goldman, Corporate Responsibility and Governance, Trial
Miller Baker's recent testimony before the Senate Judiciary Committee was quoted in the February 9 issue of Fortune magazine on various flaws in the Presidential Succession Act of 1947 that are of concern in the wake of 9/11. Norman Ornstein said, "Constitutional scholar Miller Baker calls the 1947 act 'perhaps the most poorly designed statute in the entire United States Code.'" Ornstein presents several proposals for revamping the 1947 act, including suggestions made by Miller last year in testimony before the Judiciary Committee. Many of these proposals for reform were incorporated in legislation introduced by Senator John Cornyn on Thursday, February 12, 2004.
Eugene Goldman was quoted "Why CEOs Should Hope Martha Walks," published in Fortune magazine on February 9. The article points out that according to legal experts, the prosecution's case stretches the scope of securities laws in ways that threaten to muzzle all top executives. For example, Mr. Goldman said, "If the government wins the ability to proclaim your innocence gets watered down."
Eugene I. Goldman, Corporate Responsibility and Governance, Trial
Eugene Goldman was quoted in the February 6 issue of the Baltimore Sun in an article reporting on the Martha Stewart trial. The article reports that the securities fraud charge against Stewart for falsely proclaiming her innocence to shareholders in her company could impact how other executives publicly react to accusations of wrongdoing. "Whether or not [prosecutors] win against Stewart, the charges will cause chief executive officers to huddle very closely with their counsel, on what, if anything, they can say publicly about charges that have been disseminated by the prosecutors," commented Mr. Goldman.
Eugene I. Goldman, Corporate Responsibility and Governance, Trial
Michael Pope was quoted in the January issue of CFO Magazine regarding the Class Action Fairness Act, which seeks to limit forum shopping, in which plaintiff's attorneys file class actions in small U.S. state courts with a history of plaintiff-friendly decisions. "The legislation deals with the abuse of plaintiffs' attorneys picking judges who are incapable of dealing with national issues," Mr. Pope commented.
Michael A. Pope PC, Class Action, Trial
2003
Geoffrey Vance was mentioned in the October 2003 issue of Chicago Lawyer in regard to speaking at the annual LegalTech show. Mr. Vance stated companies and their lawyers can be sanctioned if a client isn’t on the ball in keeping relevant documents from being depleted by its backup system. "You have to go to your client’s IT department and literally cross examine them on the systems. Don’t take their word for it, they might be naïve, and lazy or not know everything about their systems," he said. "More and more IT people are being put before juries in cases. But as a lawyer you need to know the technology yourself."
The June 23 issue of the Massachusetts Lawyers Weekly reported that Alternatives for Community and Environment honored lawyers from McDermott Will & Emery for pro bono work. The Firm filed suit against Massachusetts Water Resources and the Boston Water and Sewer Commission on behalf of community residents to ensure the clean up of a sewage spill.
Pro Bono & Community Service, Trial
Peter Resnik was quoted in Mass High Tech on June 16 in regard to life sciences companies that have been threatened as plaintiff attorneys are winning huge settlements against these pharmaceutical and biotech companies. "The tort system seems out of control. The amount that some juries are awarding is totally out of proportion," commented Mr. Resnik.
Peter L. Resnik, Life Sciences & Medical Devices, Trial