February 27, 2009 by Robert Tharp at 4:35:00 pm
February 26, 2009 by Robert Tharp at 4:21:54 pm
The Obama stimulus package stands to have a dramatic impact on health care in the U.S., from health care subsidies for unemployed workers to incentives to promote
February 23, 2009 by Robert Tharp at 1:56:29 pm
February 23, 2009 by Robert Tharp at 1:41:07 pm
Stung by well-deserved criticism that the Securities and Exchange Commission was far too slow to act on the $50 billion collapse of Bernard Madoff's investment funds,
February 12, 2009 by Robert Tharp at 3:46:14 pm
Juror 12 is adrift. It's not that he doesn't care about the contract dispute tediously unfolding in the courtroom. Who knows -- he might be the kind of natural leader who can rally 11 wafflers behind closed doors during deliberations. The real problem with this hopelessly distracted juror is his irrepressible urge to grab his BlackBerry, manage his bloated e-mail folder and cram as much business as possible into each recess.
Meet today's juror, so overloaded with information that he can barely focus on the important things in his own life. Chances are, more than half the jurors on any given panel belong to Generation X or, even worse, Generation Y -- raised with a television in every room, surfing the Internet, cell phones in their pockets and iPods in their ears. MORE
February 12, 2009 by Robert Tharp at 1:33:39 pm
Family law attorney Mary Jo McCurley says key is to neither overblow nor ignore special day
The expectations of Valentine's Day can be a minefield for struggling couples who may be heading for divorce. Ignoring the special day can make a bad situation
February 11, 2009 by Robert Tharp at 2:40:59 pm
Thompson & Knight attorneys orchestrate one of the biggest oil-and-gas deals in Peruvian history
So investors in Korea and Columbia put together a mammoth $900 million deal to purchase a Peruvian energy company. What's that got to do with Texas, you ask?
This acquisition represents one of the largest Peruvian oil and gas deals in recent history and allows KNOC and Ecopetrol to greatly increase their production capabilities. The Thompson & Knight team advising on this project was led by Partner Jerry L. Metcalf and Associate Todd Chen, both from the Firm's Houston office. The team which assisted on this transaction included Sarah E. McLean, Louis J. Davis, Ben H. Welmaker Jr., Pablo C. Ferrante, John R. Cohn, Janet P. Jardin, C. Stoddard (Todd) Lowther II, Nicholas F. Tsai, Mayuca V. Salazar, and Iván Pérez-Arteche. The agreement between the companies was finalized on February 5, 2009.
KNOC is the national oil and gas company of South Korea and one of the most important industrial companies in the country. The company operates oil and gas fields around the globe and had a reported oil production of more than 860.2 million barrels in 2008.
Ecopetrol, the Colombian national oil company, is an integrated oil and gas company ranked among the world's 40 largest energy companies. It is also the largest corporation in Colombia as well as the principal oil and gas company in that country.
February 11, 2009 by Robert Tharp at 1:54:03 pm
Those spam e-mails that bloat your Outlook inboxes aren't just annoying, they also threaten to propagate dangerous computer viruses. Even spammers know that love
Erin Nealy Cox, a deputy general counsel and managing director at computer forensic firm Stroz Friedberg's Dallas office, says the potential for such e-mail viruses should serve as a reminder for businesses and individuals to bone up on computer security practices and review e-mail habits. "Computer viruses and electronic security pose enormous financial risks," she says. "Every company should have an information security plan, from defending against viruses to preventing data breaches and responding to litigation." The virus behind the Valentine's Day e-mails has subject lines including "With all my love" and "Me and you." To speak with Ms. Cox about computer forensics, contact Robert Tharp at 800-559-4534 or firstname.lastname@example.org.
January 30, 2009 by Robert Tharp at 4:40:02 pm
"The auditors of these funds allowed this financial disaster to occur, and we think they have responsibility along with the banks and the feeder funds through which the banks invested in Madoff's firm," says attorney Robert S. Schachter. "Our investigation has revealed that if financial advisors had performed basic due diligence, they could have spotted the ruse that Madoff was perpetuating with his scheme." To speak with Mr. Schachter about the Madoff investigation, contact Mark Annick at 800-559-4534 or email@example.com.
January 30, 2009 by Robert Tharp at 11:42:32 am
January 29, 2009 by Robert Tharp at 10:45:25 am
Texas Attorney General Greg Abbott has filed suit against Houston's Memorial Hermann Healthcare System, charging that the hospital has violated state antitrust laws
The two attorney's praised the AG's action. "This is a huge victory for the doctors who built Town & Country Hospital, and for the general public seeking quality health care at competitive prices. The AG's office should be congratulated for taking such a bold, non-political action on behalf of consumers," says Hardin.
Mr. Zook agrees, "Although the AG's findings validate our claims of unlawful conduct by Memorial Hermann, the doctors' civil case against Memorial Hermann is set for a jury trial in late March 2009," says Zook. "We look forward to showing the jury the entire story of Memorial Hermann's improper actions that damaged these doctors, their patients and the public at large."
A copy of the final judgment and news release from the Attorney General's Office can be found at http://www.oag.state.tx.us/oagNews/release.php?print=1&id=2812. For more information, contact Barry Pound 800-559-4534 at firstname.lastname@example.org.
January 29, 2009 by Robert Tharp at 10:01:24 am
Attorneys from Houston's The Clearman Law Firm have begun a nationwide investigation into the practice. "It is ironic that thousands of bank employees have been laid off, yet banks still stand to benefit financially when those employees die," says class-action attorney Scott Clearman. "These types of policies benefit only the banks, not their employees."
Many of the world's largest banks have taken out life insurance policies on their workers, including Bank of America, JP Morgan Chase, Bear Stearns, Citigroup, Wachovia, Washington Mutual, Wells Fargo and many others. Nearly half of all U.S. banks have reported owning BOLI policies at an estimated value of $120 billion. Ethics aside, the practice raises serious questions about unauthorized use of personal information. A bank purchasing a BOLI policy must provide the insurer with personal information belonging to each covered employee, including his or her name, sex, age and Social Security number. Employees' Social Security numbers are then used to conduct "death sweeps" where banks typically hire outside brokers to sweep public records in order to learn if an employee or former employee has died. A person whose life a bank insured without consent may have a right to sue for the bank's misappropriation of their identity, and may be able to recover profits made by the bank, broker and insurer. To interview Mr. Clearman about the BOLI investigation, contact Bruce Vincent at 800-559-4534 or email@example.com.
January 28, 2009 by Robert Tharp at 1:51:56 pm
January 27, 2009 by Robert Tharp at 4:19:08 pm
Enter the Texas Real Estate Commission, which is working to reduce the number of residential foreclosures by providing some much-needed uniformity for homeowners and mortgage lenders in these situations. Until now, mortgage agents often altered sales contracts to address the need to sell a home at a loss, but this created a new set of problems because the contract language was often inaccurate or exposed agents to allegations of practicing law without a license. Newly adopted contract language simplifies the process and could lead to more such short sales and fewer foreclosures.
"Essentially there have been situations in which these edits and insertions by a real estate agent in contracts may lead to disputes and could be deemed to be the unauthorized practice of the law" says real estate attorney Jerome Prager, of Dallas' Prager & Miller.
"These are obviously difficult times for the real estate industry, as well as for homeowners and prospective buyers," says Mr. Prager, who as co-chair of the Commission's Broker-Lawyer Committee helped draft the language. "It's more important than ever that unambiguous closing documents are legally binding, enforceable and drafted to cover virtually any contingency."
To speak with Jerome Prager about the contract addendum concerning short sales of homes, please contact Mark Annick at 214-559-4630 or firstname.lastname@example.org.
January 15, 2009 by Robert Tharp at 4:45:21 pm
Class actions hit a new peak in 2008, rising 8% from the previous year on the back of an increase in antitrust - and employment - related filings. -- The economic crisis sparked a surge in corporate bankruptcy filings in 2008, while credit conditions also forced more companies to resort to quick, nontraditional bankruptcies -- trends that attorneys predict will continue until at least 2010.
Other highlights from Law360:
- Antitrust filings grew at a rate of 27%, extending a multiyear trend of dramatic increases as private plaintiffs firms closely track government investigations and prosecutions. A look at the dockets just for 2008 shows a slew of cases against chocolate makers, egg product processors, packaged ice distributors and many others, all filed soon after a government investigation was disclosed.
- The number of federal environmental lawsuits filed in 2008 rose for the first time since 2005, suggesting that the Bush administration's drop in enforcement actions, growing state activism and the U.S. Supreme Court's ruling on greenhouse gas regulation have worked to drive litigation upward.
- Employment litigation rose 6% in 2008, marking a reversal in the gradual decline in employment litigation seen over the previous four years.
- Meanwhile, the number of intellectual property lawsuits declined 11% in 2008, thanks largely to a dropoff in copyright litigation instigated by the recording industry. The trend reflects the success of the recording industry in protecting its copyrights, leading the industry to bring fewer lawsuits in the past few years.
January 15, 2009 by Robert Tharp at 4:20:20 pm
January 14, 2009 by Robert Tharp at 4:34:14 pm
January 14, 2009 by Robert Tharp at 4:03:40 pm
January 13, 2009 by Robert Tharp at 5:07:05 pm
A company drying to dig out of Chapter 11 might not seem like a good bet for lenders, especially in this tight credit market. But as the number of companies in Chapter 11 bankruptcy spikes, their prospects for digging out often depend on having access to operating cash. That's where debtor-in-possession financing comes in. Such loans to struggling companies in Chapter 11 provide struggling businesses with a chance to get back in the black rather than liquidating. "Debtor-In-Possession' financing is fairly common, and a good number of Chapter 11 cases would probably be impossible without access to capital through this framework," says Robert Paddock of Houston's Thompson & Knight. "A debtor company may have cash flow, but that revenue stream may be pledged to other secured creditors. Structured correctly, DIP or post-petition financing can be an attractive means for both a debtor and lender to fund the business through the bankruptcy proceeding." Such financing is harder to find in the existing tight credit market but it is still available, particularly for large-scale debtors willing to pay premium interest rates. To speak with Mr. Paddock about DIP financing, contact Barry Pound at 800-559-4534 or email@example.com.
December 31, 2008 by Robert Tharp at 11:13:36 am
As ESPN.com writer Howard Bryant put the Simpson affair: No athlete in American history has ever suffered such a spectacular fall. Why Simpson chose such a clearly losing path -- in his remarks to the judge, Yale Galanter, one of Simpson's own attorneys, used the term "stupid" at least a dozen times for Simpson's dangerous, ill-conceived plan to recover items from former associates -- might always be an unanswerable question to anyone but him. Another unanswerable question is whether athletes will ever realize that accountability applies to them.
Judging by the Plaxico Burress affair, it appears some still don't. Simpson should have provided the cautionary tale 13 years ago, and again today. As Glass pointed out so powerfully, Simpson could have killed someone, "an innocent tourist or worker." But O.J. Simpson believed in the protection that the hero always seems to get. "At Mr. Simpson's initial bail hearing, I didn't know if he was arrogant or ignorant or both," Glass said. "During this trial, I got my answer. It was both."
To interview Mr. Washington about issues facing professional athletes, contact Rhonda Reddick at 800-559-4534 or firstname.lastname@example.org.
December 31, 2008 by Robert Tharp at 10:33:59 am
As lawmakers head to Austin in January, labor and employment attorney Audrey Mross says several important bills affecting businesses and workers alike will be up for
Another bill would put businesses on the hook for knowingly employing illegal aliens. Lawmakers will also consider whether to extend previous efforts to improve participation in jury duty by requiring employers to pay workers for the first day of jury service(the state already pays for subsequent jury duty days). Finally, the Lege will likely consider a bill that would prohibit businesses from requiring workers to donate to charities like the United Way. "Depending on how they vote, the Legislature has the power to change the way you do business. It's always in your interest to monitor what they do," says Mross, a shareholder at Munck Carter in Dallas. To speak with Ms. Mross about labor and employment issues, contact Mark Annick at 800-559-4534 or email@example.com.
December 30, 2008 by Robert Tharp at 2:45:16 pm
First off, the influence of online news spiked sharply in 2008. According to the Pew Research Center for People and the Press, the percentage of Americans getting their news online jumped from 24 percent to 40 percent in this year. And for the first time, more Americans are relying on the Internet for their information needs than
For the under 30 crowd, the Internet now rivals TV as an information source. Nearly 60 percent of respondents under 30 use the Internet as a primary information source. In September 2007, twice as many young people said they relied mostly on television for news than mentioned the internet (68% vs. 34%).
In an unrelated study by MS&L, researchers polled consumers worldwide with the question, "what defines a leading company?" More than half of the respondents in the U.S. indicated that they could judge a company's values by its online presence. Another finding: while price and quality are important, consumers believe that a company's values matter most in the long run. The findings are further proof that businesses of all types should be focusing on their on-line presence AND communicating their values in the digital medium. As Sally Falkow at The Leading Edge puts it: "If more than half of [consumers] judge you by your online presence, it's time to make that a PR priority."
December 30, 2008 by Robert Tharp at 1:24:33 pm
It's that time of year when people start talking about resolutions for the new year. So what's wrong with a little hope for 2009? Nothing, says life coach Mike McCurley,
McCurley, co-founder of Personal Enhancement Coaching, suggests taking a slightly different approach in increase the odds of staying focused on the really important goals. Among McCurley's advice:
Let the holiday season pass before committing to making an important change. With so much resolution-making during the holidays, it's too easy to commit and forget.
Take it slow. Trying to do too much too quickly is a prescription for failure. Instead, make a list of priorities and concentrate on what's most important first. Whether it's job, marriage or something else, it's not uncommon that improving one area has a positive spill-over into other aspects of your life.
Don't do it alone. Find someone to help, whether it's a coach, mentor or loved-one. Seek out people who you trust and respect.
These are just a few suggestions. More information is available at http://www.personalenhancementcoaching.com. To speak with Mike McCurley about personal enhancement coaching, please contact Alan Bentrup at 214-559-4630 (office), 713-553-3358 (cell) or firstname.lastname@example.org.
December 30, 2008 by Robert Tharp at 11:02:32 am
Mr. Ward, meanwhile, handles general commercial litigation and transactional law on behalf of real estate developers, business owners and individuals. He is a licensed CPA who has worked with municipalities in areas such as code enforcement and bulding standards, as well as litigation related to sales transactions, tenant complaints, construction disputes and fiduciary matters.
The firm has grown steadily in size and expertise, and the Austin expansion provides a significant boost in the areas of public policy and public finance, says founding partner John C. Shackelford. Shackelford, Melton & McKinley, LLP, is a business and commercial law firm representing financial institutions, real estate owners and developers, automobile dealerships, and businesses in legal matters across the nation. For more information, contact Barry Pound at 800-559-4534 or email@example.com.
December 29, 2008 by Robert Tharp at 4:22:01 pm
Between the demands of two long and protracted wars, the increasing reliance on private military contractors and the legal controversies involving treatment of wartime
December 19, 2008 by Robert Tharp at 3:34:41 pm
December 18, 2008 by Robert Tharp at 4:32:50 pm
December 16, 2008 by Robert Tharp at 10:32:28 am
Attorneys at New York-based financial securities and commercial litigation firm Zwerling, Schacter & Zwerling are representing at least four clients who may have lost hundreds of millions in Bernard L. Madoff's massive and still-unfolding Wall Street investment fraud. Attorneys Jeffrey Zwerling, Robert S. Schacter and their firm are actively
"If this were a traditional bank robbery, the eyewitness reports would say that Mr. Madoff walked out with billions of dollars as someone held the door open for him," says Jeffrey Zwerling, a founding partner of Zwerling, Schachter & Zwerling. "If it's true, it's just amazing in terms of the audacity, if nothing else."
For more information or to speak with Jeffrey Zwerling or Robert S. Schachter about the Madoff case, please contact Mark Annick at 800-559-4534 (office), 214-213-1754 (mobile) or firstname.lastname@example.org.
December 12, 2008 by Robert Tharp at 3:30:52 pm
December 12, 2008 by Robert Tharp at 3:02:26 pm
December 11, 2008 by Robert Tharp at 4:20:30 pm
December 11, 2008 by Robert Tharp at 3:53:35 pm
Cook knows from experience that sending invoices and collecting from venders and customers can be so unpleasant that many businesses develop bad habits that actually increase the likelihood of bills becoming delinquent. Cook says a few basic habits can make the process much easier for all sides. One of the worst habits is simply procrastinating - failing to submit envoices in a fair and timely manner, sometimes waiting as long as three to six months after the delivery of services or goods before sending a bill. With such a delay between a provided service and bill, the customer will not likely even remember the service for which they're being asked to pay. Darrell offers the following tips on his Web site regarding the process of collecting on debts.
"Just because the economy is bad for everyone doesn't mean that the bills don't have to be paid," says Cook. "Companies are more focused than ever on making sure they collect what they're owed, whether it's a single mom with a sky-high credit card balance or a construction company that's behind on paying its suppliers." As evidence, Cook notes a recent published report showing that North Texas subcontractors and suppliers have filed 45 percent more legal claims against general contractors over unpaid invoices this year compared to 2007. To interview Mr. Cook about collections issues, contact Bruce Vincent at 800-559-4534 or email@example.com.
December 10, 2008 by Robert Tharp at 4:14:38 pm
December 3, 2008 by Robert Tharp at 11:57:36 am
of the day, Super Lawyers has emerged as one of the most respected of the gang, in part because the staff does a good job of articulating its selection criteria and takes pains to make the list more than a popularity contest. With the Texas Super Lawyers balloting set to begin in February, we soldiered through a recent Super Lawyers webinar and 64-slide PowerPoint presentation so you don’t have to. Below are some of the highlights of the webinar, which was designed to demystify the selection process a little. For 2009, Texas Super Lawyers balloting starts February 6 and closes March 10.
I Peer Nominations: As we know, the research staff monitors to make sure there’s not too much mutual backscratching. Additionally, to keep everything on a level playing field between big and small firms, the staff stops counting after a single attorney obtains 15 nominations(i.e. it’s pointless to get more than 15 votes). Additionally: Nominations should be based on first-hand observation. Self-nominations are not allowed. In-firm nominations count only if an equal or greater number of out-of-firm nominations are cast. Out-of-firm nominations carry a higher point value.
Informal nominations: The staff also welcomes informal nominations from people like us. These nominations have no point value, but it puts the candidate on the Super Lawyers radar.
Managing partner survey: Every managing partner of a law firm that’s on the SL data base receives an e-mail survey asking them to nominate the top 10 percent within their firm. The results of these surveys are not publicized.
Somebody in the audience asked whether the managing partners should bother nominating attorneys who have previously been named Super Lawyers, or instead use this as a vehicle to help others get on this list. The answer was that you should not assume that previous winners will automatically be on their radar, so nominate attorneys who most deserve to be on the list.
Other ways to get in the candidate pool: Besides peer nominations, informal nominations and the managing partner survey: SL researchers conduct a `star search’ designed to identify lawyers who might be overlooked by the balloting, such as lawyers with national litigation practices, lawyers in smaller firms or lawyers in less visible practice areas. For this reason, it pays to have a strong internet presence.
II Once the candidate pool has been established: The SL research department begins culling through the candidate pool. This step is designed to keep the rankings from being solely a popularity contest. Evaluation is based on: verdicts and settlements, transactions, representative clients, experience, honors and awards, special licenses and certifications, position within law firm, bar or other professional activities, pro bono and community service, scholarly lectures and writings, education and employment background and other outstanding achievements.
SL database links directly with law firm Web site biographies and to lawyers’ records compiled by Westlaw’s `Profiler’ system, such as verdicts, dockets etc… For this reason, it’s crucial that law firm Web site bios are complete and up-to-date.
My.superlawyers.com: This Web site provides attorneys an opportunity to update their professional profiles and describe their practice. Make sure this profile page is complete and current.
Blue-ribbon evaluation: Peer evaluation is conducted in nearly 70 practice areas. The groups assign a 1-to-10 score to each candidate. Candidates are then assembled by firm size so that small, medium and large firms compete against themselves.
Vetting: Finalists are researched to make sure they are in good standing with no disciplinary problems. Candidates are also asked to personally verify their disciplinary history.
From there, Super Lawyers finalists are selected equally among small, medium and large firms until the list reaches 5 percent of practicing attorneys.
Research: Cindy Larson firstname.lastname@example.org
Editorial: Steve Kaplan email@example.com
November 26, 2008 by Robert Tharp at 1:23:40 pm
We've all heard about how CEO's identify with sports coaches and borrow sports clichés ad nauseam. Here's an example of a big-time college program taking a page from the business world playbook.
November 24, 2008 by Robert Tharp at 12:10:17 pm
Attorney Robert Van Amburgh of Dallas' Hiersche, Hayward, Drakeley & Urbach says history shows that a canddiate's plans can undergo significant changes both before and after being presented to Congress. "Making predictions about tax law changes is even more difficult based on our volatile economic climate," he says. "For example, during the campaign Mr. Obama expressed support for a windfall profits tax on oil companies. But with the steady decline in oil prices since the summer, there may not be the pressure for this type of tax."
And by the way, any changes made will not apply until the 2009 tax year. For more information, contact Barry Pound at 800-559-4534 or firstname.lastname@example.org.
November 21, 2008 by Robert Tharp at 4:47:40 pm
November 20, 2008 by Robert Tharp at 3:21:30 pm
The technology behind U.S. Patent No. 7,292,151 is pretty complicated stuff, but for Houston attorney W. Mark Lanier the issue at the core of a lawsuit he filed on behalf of the small patent holder against Nintendo is simple.
"Using someone else's technology without permission is theft," says The Lanier Law Firm founder. "Nintendo makes video games where you get to play a thief, but that doesn't give them the right to be one."
The patent in question, held by Ohio tech company Motiva, involves technology used to create a "Human Movement Measurement System" based on a handheld device. The Motiva lawsuit charges that Nintendo used the patented technology in the Nintendo Wii to reproduce users' movements on display screens. If previous cases are any indication, Nintendo may have a big target on its chest in this area. In May, the game maker was hit with a $21 million verdict in a similar patent infringement case. In that case, jurors found that Nintendo infringed several patents to produce the Wii remote control device.
November 18, 2008 by Robert Tharp at 11:56:56 am
Attorneys at Dallas-based Heygood, Orr, Reyes, Pearson & Bartolomei secured $16.5 million verdict against Johnson & Johnson subsidiaries Monday after arguing that drugmaker ignored serious risks assocated with the painkiller patch in order to reap profits.
Days after a 38-year-old mother of three died in 2004 while using a defective Durogexic painkiller patch, the woman's family received a letter in the mail from the pharmacy that
Attorneys Jim Orr and Michael Heygood argued that Janssen Pharmaceutica Inc. and ALZA Corporation(both Johnson & Johnson subsidiaries) knew about problems associated with the patches, which are known to leak fentanyl in amounts large enough to kill. "They knew this patch was dangerous and defective but they continued to seel it and make money, and that's the only reason Janice DiCosolo is dead," says Orr. Last year, attorneys with Heygood, Orr, Reyes, Pearson & Bartolomei secured a $5.5 million verdict for the family of a 28-year-old Florida man who died while using the patch for hip pain. As reported by Bloomberg today, the patches generated more than $1.1 billion in sales for Johnson & Johnson last year.
November 17, 2008 by Robert Tharp at 2:04:44 pm
November 13, 2008 by Robert Tharp at 3:52:47 pm
So you still think the `delete' button makes data disappear and what you type in text messages vanishes after you hit `send?' Who out there hasn't received the ubiquitous and unsettling mea culpa from an unknown business informing you that your personal information was on a data base that was stolen or somehow
Welcome to the 21st Century, where there's hardly a civil case out there that doesn't involve the retrieval of electronic evidence from the myriad hardware we use these days to communicate, and CEOs stay awake at night fretting about computer security.
Computer forensics firm Stroz Friedberg is capitalizing on the demand for its unique services and expertise, opening it's sixth office(this one in Dallas) along with a cutting-edge computer forensics lab. The growing firm attracts some of the brightest minds in the industry, almost exclusively from the ranks of former high-level prosecutors, federal agents and other industry leaders. Consider Erin Nealy Cox, who heads the Dallas office: a former federal prosecutor, Erin previously served as the Computer Hacking and Intellectual Property Coordinator for the U.S. Attorney's Office, Northern District of Texas - Dallas Division. She led major cyber-crime prosecutions across the United States as well as handling complex white-collar fraud, public corruption, intellectual property theft and child-exploitation cases. During her career with the Department of Justice, Ms. Cox also served as chief of staff and senior counsel for the Office of Legal Policy at Main Justice in Washington, D.C.
As the subpoenas fly related to the financial meltdown, the first step for many companies is to call such firms to determine where their data is and how to retrieve it. When firms are targeted by botnet attacks or malicious malware, Stroz Friedberg has the ability to get to the bottom of it. Stroz Friedberg helps clients in matters ranging from theft of intellectual property to lost laptops, click fraud to online review, load files to leaked confidential information, internal corporate data wiretapping to white collar defense investigations, database forensics to corporate hacking incidents, cyber-extortions to fabricated e-mails - and all other matters, digital and investigatory. The firm's broad client base includes public and private businesses, global corporations, law firms, government agencies and the courts.
November 11, 2008 by Robert Tharp at 9:09:30 am
It's been a long two years since a group of more than 2,000 former NFL players filed suit against the National Football Players Association, charging that the NFPA was
|McKool Smith Announces $28.1 Million Verdict In Retired NFL Players Lawsuit|
|Gridiron greats prevail in California class action claim against NFLPA|
|November 11, 2008|
SAN FRANCISCO -- More than 2,000 retired professional football players scored a major legal victory in a San Francisco federal courtroom today when jurors awarded a $28.1 million verdict against the National Football League Players Association and its licensing and marketing division.
The verdict reached before the Hon. William Allsup in the U.S. District Court for the Northern District of California requires the NFLPA union and its subsidiary, Players
The jury of eight women and two men reached their decision following nearly three weeks of trial. The original claim was filed nearly two years ago with professional football legend Herb Adderley as the class representative.
Mr. Adderley and the victorious former NFL players were represented by attorneys from the national law firms of McKool Smith, P.C., and Manatt, Phelps & Phillips, LLP. The McKool Smith team included firm principal Lew LeClair, senior counsel Jill Naylor and associates Brett Charhon and Anthony Garza. The Manatt, Phelps group included firm partners Ronald S. Katz, Chad S. Hummel and L. Peter Parcher, in addition to associates Ryan S. Hilbert and Noel S. Cohen.
"This verdict is a great victory for the men who devoted their lives to building professional football," says Mr. LeClair of McKool Smith, attorney for the retired players. "We are thankful the jury decided to right this wrong."
During trial, several former NFL stars testified about the benefits promised by the union that were never received, and the difficulties in gaining information about the NFLPA's finances and licensing agreements.
McKool Smith has more than 95 attorneys in Dallas, Austin, Marshall, New York and Washington, D.C., handling commercial and intellectual property litigation for national and international clients. The firm is recognized as one of the premier litigation law firms in the United States, having earned significant courtroom victories for clients such as American Airlines, BearingPoint, Ericsson, Electronic Data Systems, Medtronic Inc., and Sony Ericsson.
To interview Mr. LeClair about the verdict, please contact Bruce Vincent at 800-559-4534 office or 214-728-6747 cell.
November 10, 2008 by Robert Tharp at 4:11:31 pm
November 7, 2008 by Robert Tharp at 3:46:40 pm
For the first time in history, the U.S. government has seized control of a criminal gang's identity by taking control of its logo. As a result, those now caught wearing the Mongols motorcycle gang logos on patches, clothing, jackets etc... "shall surrender for seizure all products, clothing, vehicles, motorcycles ... or other materials bearing
So if the government can seize the registered trademark of a biker gang, might it someday do the same in a case where it accuses a business of a crime? That's at least a possibility, says trademark attorney Dyan House of Munck Carter following federal indictments of 79 people accused of crimes associated with the Mongols motorcycle gang and the forfeiture of its mark. "Say a business is accused of wrongdoing as we investigate our nation's financial meltdown," asks Ms. House. "Might the government walk in and seize that business' trademark along with other assets?"
My question, what does this mean for all those bikers out there who no doubt have their gang logo tattooed somewhere on their bodies?
For more information, contact Mark Annick at 800-559-4534 or email@example.com.
November 7, 2008 by Robert Tharp at 11:16:49 am
Workplace discriminaton attorney Stephen Drinnon: Rising EEOC complaints show that employers have room to improve
While President-elect Barrack Obama's election victory is historic and monumental, it's important to note that workplace discrimination and harassment complaints
October 30, 2008 by Robert Tharp at 3:48:30 pm
Earlier this year, the firm won a $21 million patent infringement verdict on behalf of Tyler, Texas, based technology company Anascape against Nintendo in a fight over patents used in video game controllers like the Wii and Gamecube. In May, McKool Smith attorneys won a $250 million patent infringement verdict for Medtronic against Boston Scientific relating to a balloon catheter patent used in the surgical treatment of heart disease. In June, the firm reached an $83 million settlement for i2 Technologies in a patent dispute against SAP AG.
October 28, 2008 by Robert Tharp at 1:50:46 pm
October 24, 2008 by Robert Tharp at 1:47:03 pm
If any doubt remains that the financial meltdown is extending to Main Street, consider this recent sobering announcement: Circuit City is planning to
October 14, 2008 by Robert Tharp at 4:04:25 pm
Intelectual property attorney Dyan House: There's a lesson for everyone in the Harry Potter IP ruling
There's a teaching opportunity from the recent ruling against a Harry Potter fan who sought to publish a detailed guide to the works of Harry Potter author J.K. Rowling.
October 13, 2008 by Robert Tharp at 2:17:07 pm
To put the credit crisis in context you can consider the prospect of an entire nation like Iceland on the brink of collapse or individual homeowners here in Texas forced
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