PARTNERS
P. Blake Allen (Partner) born Oklahoma City, Oklahoma, June 10, 1964; admitted to bar, 1990, Oklahoma; 1992, California and Nevada; 1994, Colorado. Education: Vanderbilt University (B.A., 1986); University of Oklahoma College of Business (M.B.A., 1990); University of Oklahoma College of Law (J.D., 1990).
P. Blake Allen practices in the area of corporate law with an emphasis on securities law and public company representation. Mr. Allen has significant experience in SEC reporting obligations of NYSE- and NASDAQ-traded companies. He works extensively on Sarbanes-Oxley issues and related corporate governance matters. He has represented issuers and venture capital investors in connection with public and private issuances of equity and debt. Mr. Allen has represented buyers and sellers in mergers and acquisitions transactions. He regularly advises boards of directors, audit committees and other board committees on matters such as disclosure issues, corporate governance, insider trading compliance and related party transactions, and acts as outside general counsel to public companies.
Mr. Allen was a law clerk for Chief Judge William J. Holloway, Jr. of the U.S. Circuit Court of Appeals for the Tenth Circuit.
Mr. Allen is admitted to practice in California, Nevada, Colorado and Oklahoma. He is a Fellow of the American Bar Foundation and is a member of the State Bar of California. Mr. Allen is a 1990 graduate of the University of Oklahoma College of Law and a graduate of the University of Oklahoma College of Business (M.B.A.) and Vanderbilt University.
Representative Matters
· Represented the issuer in preparation of a 144A offering memorandum and collateral documentation for private offering of $140 million of First Mortgage Notes for a $195 million project for a NYSE company.
· Represented the issuer in preparation of the S-3 registration statement for registration of $25 million of shares placed by a NASDAQ SmallCap company.
· Represented the issuer in preparation of the 144A offering memorandum and collateral documentation for offering of $120 million of Senior Notes for a NYSE company.
· Represented the issuer in preparation of S-4 registration statement for an A/B exchange offer for $140 million of First Mortgage Notes issued by a NYSE company.
· Represented the issuers and participated in preparation of the prospectus for the issuance of $120 million of 13% Senior Subordinated Notes for a NYSE company.
· Represented NASDAQ NMS company in SEC investigation.
· Represented one of the merging companies in preparation of S-3 Joint Proxy Statement/Prospectus and the S-4 Registration Statement regarding the $1.15 billion merger of a NYSE company into another NYSE company.
· Represented the issuers and participated in preparation of Form S-3 registration of $25 million PIPE for NASDAQ NMS company.
· Represented the issuers and participated in preparation of Form SB-2 registration of $7 million PIPE for OTCBB company.
· Draft and file all required Securities and Exchange Commission reports such as 8-Ks, 10-Qs, annual reports, proxy statements, Forms 3, 4 and 5 for various NYSE and NASDAQ companies. Draft confidential treatment requests and no-action letter requests.
Professional Activities
· State Bar of Oklahoma - Young Lawyers Division -- Board of Directors, 1998-1999 -- Chairperson, Publications Committee, 1997-1999 -- American Bar Association Delegate, 1997, 1998
· State Bar of Nevada - Young Lawyers Division -- Executive Council, 1996
· Nevada American Inn of Court - Member, 1993
· The Center for American and International Law - Research Fellow, 1995-present
Experience
· Duane Morris LLP - Partner, 2004-present
· Luce Forward Hamilton & Scripps - Partner, 2002-2004 - Special Counsel, 2001-2002
· Conner & Winters - Partner, 1997-2001 - Associate, 1996-1997
· Kummer Kaempfer Bonner & Renshaw, Las Vegas, Nevada - Associate, 1993-1996
· Chief Judge William J. Holloway, Jr., U.S. Court of Appeals, 10th Circuit - Law Clerk, 1990-1992
Board Memberships
· Association for Corporate Growth (ACG) - San Diego
Honors and Awards
· Listed in Who's Who in America, 2006-present
· Listed in Who's Who in American Law, 1994-present
· Listed in Who's Who in the South and Southwest, 1997-2002
· Fellow of the American Bar Association, 2000-present
· Member of MENSA
Selected Publications
· Quoted in "Teaching Baby Biotechs to Play in the Big Leagues," Los Angeles Daily Journal, July 20, 2009
· Author, "Building a Framework, not a Foundation," chapter in Inside the Lines, April 2008
· Co-Author, "Federal Court Dismisses SEC's Regulation FD Complaint Against Siebel Systems," The Corporate Board (Journal of Corporate Governance), March/April 2006, Vol XXVII No.157
· "What Canadians Need to Know About Changes in United States Securities Law: The Sarbanes-Oxley Act and Initiatives of the New York Stock Exchange, NASDAQ, and the State of California," Canadian International Lawyer, Vol. 5 No. 2, 2002
Selected Speaking Engagements
· Speaker, "SEC Accounting and Financial Reporting," PLI/Executive Enterprise Institute, Fairmont Hotel, San Francisco, California, April 2006
· "Best Business Practices: Structuring and Managing Effective Internal Controls," National Business Institute (NBI), San Diego, California, 2006
· "Best Practices in Managing Internal Investigations and Compliance Audits," Martindale-Hubbell Counsel to Counsel SuperForum, Chicago, Illinois, 2005
· "Nuts and Bolts of Mergers & Acquisitions," Mission Bay Hyatt Hotel, San Diego State University Entreprenueurial Management Center, 2005
· "Due Diligence After Sarbanes-Oxley," IPA Annual Convention, Phoenix, Arizona, 2004
· Speaker, Business Divestiture Seminar, University of San Diego, 2001
· Speaker, "Annual Corporate Law Update," State Bar of Oklahoma Annual Convention, 1998
· "Disclosure Obligations of Public Corporations," Association for Corporate Growth (ACG), San Diego, California, 2004
Member: Oklahoma Bar Association (Board of Directors, 1998-1999, Chairperson, Publications Committee, 1997-1999 and American Bar Association Delegate, 1997, 1998, Young Lawyers Division); State Bar of Nevada (Executive Council, Young Lawyers Division, 1996).
(Also at Las Vegas, Nevada Office). Practice Areas: Corporate; Securities Law; Mergers and Acquisitions; Corporate Compliance; Banking Law; Public Finance; Private Finance; Securities.Email: P. Blake Allen
Suzanne L. Biggs (Partner) born Glendale, California, 1948; admitted to bar, 1978, New York; 1981, California; U.S. Patent and Trademark Office; U.S. District Court for the Southern and Eastern Districts of New York; U.S. District Court for the Southern, Central and Northern Districts of California; U.S. Court of Appeals for the Federal Circuit; U.S. Court of Appeals for the Ninth Circuit. Education: Pomona College (B.A., 1970); University of Southern California School of Law (J.D., 1977).
Suzanne L. Biggs practices in the area of intellectual property law with a focus on patent prosecution, strategy and litigation for biotechnology, pharmaceutical and chemical companies. Ms. Biggs has formulated global patent strategies for her clients. She has handled the intellectual property aspects of financings and mergers/acquisitions, both public and private, including crafting and building world-wide patent and intellectual portfolios for clients and providing freedom to operate and other strategic advice. She has been involved with drafting and prosecuting more than 400 U.S. patent applications and engaging in successful patent prosecution. She also handles trademark and copyright matters.
Ms. Biggs has represented clients in a wide variety of technologies, with an emphasis on those in the biosciences, pharmaceutical and life sciences industries.
Ms. Biggs is admitted to practice in New York and California and registered to practice before the U.S. Patent and Trademark Office. She is a graduate of the University of Southern California Law School and a graduate of Pomona College. She also pursued graduate studies in pharmacology at Stanford University.
Representative Technologies
· Pharmaceuticals and small molecule therapeutics
· Recombinant DNA and related technologies
· Proteins and peptides
· Peptide analogs
· Protein and peptide therapeutics, including anti-diabetic, anti-obesity, anti-microbial, anti-viral, and anti-cancer protein/peptide therapeutics
· Antibodies
· Immunotherapeutics
· Stem cell technologies
· Anti-sense technologies
· Genomics
· Proteomics
· Life science reagents and kits
· Diagnostic assays, including immunoassays and nucleic acid based assays
· Diagnostic devices, including microarray diagnostic assays
· Drug discovery technologies, including receptor assays
· Screening technologies, including protein and nucleic acid array screening technologies
· Organic synthesis and manufacturing methods
· Technologies for manufacturing recombinant proteins
· Fermentation technologies for recombinant proteins
· Plant cell fermentation technologies
· Genetic testing technologies
· Lubricating oil additives
Professional Activities
· American Bar Association
· American Intellectual Property Law Association
· San Diego Intellectual Property Law Association
· BIOCOM/San Diego Intellectual Property Law Committee
- Co-chair, 2002-present
· UCSD Athena
- Board Member, 2001-2004
- Forum for Executive Women
-- Chair, 2002-2004
-- Steering Committee, 2002-present
· BIOCOM Chair, Intellectual Property Committee, 2002 to present
· Bio - IP Counsel's Committee, 2001 to present
Experience
· Duane Morris LLP
- Partner, 2005-present
· Pillsbury Winthrop Shaw Pittman LLP
- Partner, 2001-2005
· Lyon & Lyon LLP
- Partner, 2001
- Of Counsel, 1995-2000
- Associate, 1988-1994
· Chevron Corporation
- Patent Attorney, 1981-1988
Board Memberships
· UCSD Athena
- Board of Directors, 2001-2004
Member: American Bar Association; American Intellectual Property Law Association; San Diego Intellectual Property Law Association.
Languages: German, French. Practice Areas: Intellectual Property; Patents; Patent Licensing; Trademarks; Trade Secrets; Intellectual Property Litigation; Energy; Biotechnology.Email: Suzanne L. Biggs
Mikel R. Bistrow (Partner) born Detroit, Michigan, March 27, 1959; admitted to bar, 1982, California; Supreme Court of the United States; United States District Court for the Southern, Northern, Central and Eastern Districts of California; United States Court of Appeals for the Ninth Circuit. Education: University of Michigan Law School (J.D., 1981).
Mikel R. Bistrow practices in the areas of commercial finance and lending, real and personal property secured transactions, Uniform Commercial Code, creditor's collection and related remedies, bankruptcy, insolvency and work-outs. Ms. Bistrow's finance practice emphasizes representing lenders and borrowers in documenting and negotiating real and personal property loans and secured transactions, including revolving lines of credit, asset based loans, securitized credits and construction financing.
Ms. Bistrow, a seasoned lecturer throughout California and nationally and a published author, is included in The Best Lawyers in America (1995-2009 editions) and in The Best Lawyers in San Diego (San Diego Magazine, April 2008, April 2007, April 2006, April 2005 and September 2001 editions), was named a "Super Lawyer - San Diego" (Law & Politics, May 2007, 2008 and 2009), was selected as a San Diego Top Attorney (San Diego Daily Transcript, May 2007) and was named one of Corporate Counsel magazine's "Best Lawyers," 2005. Ms. Bistrow is a member of the Business Law Section and the Uniform Commercial Code and the Business Bankruptcy committees of the American Bar Association; a former member and co-chairperson of the Uniform Commercial Code Committee and former member of the Executive Committee and treasurer of the Business Law Section of the State Bar of California; a founding member of the San Diego Bankruptcy Forum and a former member of the Board of Directors of the California Bankruptcy Forum; and serves as a mediator for the U.S. Bankruptcy Court for the Southern District of California. Ms. Bistrow is also Board Certified in Business Bankruptcy Law by the American Board of Certification.
Ms. Bistrow is admitted to practice in California and before the U.S. District Court for the Southern, Northern, Central and Eastern districts of California, the Ninth Circuit Court of Appeals and the U.S. Supreme Court. She is a 1981 graduate of the University of Michigan Law School and an honors graduate of the University of Michigan.
Areas of Practice
· Real and Personal Property Secured Transactions
· Uniform Commercial Code
· Creditor's Collection and Remedies
· Bankruptcy
· Insolvency
· Business Reorganization and Workouts
· Commercial Finance and Lending
Representative Matters
· Represented borrower in project finance loan secured by a biomass power plant facility in Bieber, California
· Represented lender in inventory floor finance transactions for automobile and motorcycle dealerships and related dealership site acquisition loans in California and Arizona
· Represented lender in $100,000,000 loan to health-care provider secured by health-care receivables
· Represented borrower in the restructure of a $20,000,000 secured loan facility concerning a high-security facility leased to the United States government located in Fresno, California
· Represented lender in multiple high-end condominium construction loans to various borrowers in San Diego, California
· Represented public company borrower in $95,000,000 acquisition loan and convertible note issuance relating to merger
· Represented borrower as California counsel in $110,000,000 debt issuance secured by natural gas leases and related property in California
· Represented borrower in $150,000,000, $144,000,000, $110,000,000 and $99,000,000 construction loans for luxury condo projects in San Diego, California
· Represented borrower in finance of construction of timeshare/club points projects in Escondido, California, Branson, Missouri and Cabo, Mexico and related inventory loans
· Represented lender in $14,700,000 construction loan for museum in San Diego, including negotiating development agreements with San Diego Redevelopment Agency
· Represented lender in multiple construction loans for build-to-suit industrial buildings in border area of San Diego, California
· Represented borrower in $25,000,000 line of credit to finance manufactured home dealer loans
· Represented lender in $10,000,000 line of credit secured by publicly traded REIT Units
· Represented lender in $250,000,000 loan to consolidate real estate holdings across United States
· Represented lender in revolving credit to group of affiliated borrowers secured by securities and annuity contracts
· Represented lender in $36,000,000 construction loan for hotel and multi-use project in the Gaslamp District, San Diego
· Represented lender in revolving term loan secured primarily by trademarks and other intellectual property
· Represented borrowers in series of multimillion-dollar loans secured by self storage facilities
· Represented borrower in $80,000,000 asset based cross-border revolving line of credit involving multiple related entities
· Represented drug manufacturer borrower in $50,000,000 revolving loan facilities
· In re Palomar Mountain Spring Water - represented debtor in Chapter 11 reorganization
· In re Checkerboard Square, LLC - represented Trustee in Chapter 11 reorganization
· In re Cimms, Inc., et al. - represented affiliated Burger King franchisee debtors in Chapter 11 reorganization
· In re Telios - represented official committee of common shareholders committee in Chapter 11 reorganization of public company debtor
· In re Sym-Tek Systems - represented official reconstituted unsecured creditors committee in Chapter 11 reorganization of public company debtor
· In re SonicBlue Inc., et al. - represented official unsecured creditor's committee in Chapter 11 case of public company debtor
Professional Activities
· American Bar Association
- Section of Business Law
-- Business Bankruptcy Committee
-- Uniform Commercial Code Committee
· State Bar of California
- Business Law Section
-- Executive Committee, 1994-1997
--- Treasurer, 1995-1997
-- Uniform Commercial Code Committee, 1991-1994; 1999-2002
--- Co-chair, 2001-2002
- Real Property Section
· San Diego County Bar Association
- Commercial Law Section
-- Secretary, 1988
- Bankruptcy Section
-- Chairman, 1987
· Mediator, United States Bankruptcy Court for the Southern District of California, 1986-present
· Member, Bankruptcy Judge Selection Panel, Southern District of California, 1987
· Board Certified - Business Bankruptcy Law - American Board of Certification
Experience
· Duane Morris LLP
- Partner, 2003-present
· Luce, Forward, Hamilton & Scripps LLP, San Diego, California
- Partner, 1988-2003
- Associate, 1982-1987
Board Memberships
· Editorial Advisory Board, San Diego Lawyer Magazine, 2002-2004
· Board of Directors, San Diego Wholesale Credit Association, 1992-1993
· Editorial Board, California Bankruptcy Journal, 1989-1993
· Board of Directors, California Bankruptcy Forum, 1989-1990
· Vice President and Member of Board of Directors, San Diego Bankruptcy Forum, 1989-1990
· Member of Board of Directors, San Diego Bankruptcy Forum, 2009-present
Honors and Awards
· Named a "Super Lawyer - San Diego" (Law & Politics, May 2007, 2008 and 2009)
· Named as one of Southern California's Best Lawyers for 2008 by the Los Angeles Times
· Listed in The Best Lawyers in America (Woodward White, Inc.), 1999-2009
· Listed in The Best Lawyers in San Diego (San Diego Magazine, April 2008, April 2007, April 2006, April 2005 and September 2001 editions)
· Nominated for "Women Who Mean Business" Award by San Diego Business Journal, 2005
· Named one of Corporate Counsel magazine's "Best Lawyers," 2005
· TWIN Award (Tribute to Women and Industry), 1997
· Listed in the Madison Who's Who Among Executives and Professionals (2006-2007 "Honors Edition")
Selected Publications
· Featured in "Structured Debt Complicates Dealing with Troubled Loans," California Real Estate Journal, April 7, 2008
· Co-author (with Steven O. Weise), "Boilerplate Provisions in Transactional Documents: How to Stay Out of Trouble," California Business Law Practitioner, Vol 20, No. 3, Summer 2005
· Co-author, "Waiver of Bankruptcy Protections in Pre-Bankruptcy Workout Agreements" Business Workouts Manual, Warren, Gorham & Lamont, 2009, and earlier and updated editions
· Co-author, "Bankruptcy for Non-Bankruptcy Lawyers", The Rutter Group, 1998
· Waiver of Bankruptcy Protections in Pre-Bankruptcy Workout Agreements, Loyola Consumer Law Reporter, Vol. 8, No. 4, 1996
· Contributing Author, Bankruptcy Practice: Fifth Annual Recent Developments, Continuing Education of the Bar (CEB), 1996
· Contributing Author, Bankruptcy Practice: Fourth Annual Recent Developments, Continuing Education of the Bar (CEB), 1995
· Bankruptcy Fundamentals (The Rutter Group, 1994)
· "Leases and Bankruptcy: Any Hope for Landlords?" The National Network Quarterly, March 1994
· Sales & Leases in California Commercial Law Practice (CEB, 1993 - consultant)
· Contributing Author, "Secured Loan Checklist," Financial Lawyers Conference of Southern California, 1994
· Contributing Author, Bankruptcy Practice: Third Annual Recent Developments, Continuing Education of the Bar (CEB), 1994
· Contributing Author, Bankruptcy Practice: Second Annual Recent Developments, Continuing Education of the Bar (CEB), 1993
· Co-author, "How to Protect Secured Interests in Bankruptcy in California," National Business Institute, 1993
· Contributing Author, Bankruptcy Practice: Recent Developments, Continuing Education of the Bar (CEB), 1992
Selected Speaking Engagements
· Moderator, "Bankruptcy - Strategies and Solutions Post-BAPCPA," The Rutter Group, San Francisco, California, November 6, 2008; Los Angeles, California, November 10, 2008
· Speaker, "Anti-Trust Issues Affecting Trade Groups," National Association of Credit Managers Western Region Credit Conference, Las Vegas, Nevada, October 18, 2007
· "Bankruptcy Issues in Divorce," Rutter Group program, San Francisco and Los Angeles, September 24 and 25, 2007
· Speaker/moderator, "Second Lien and Intercreditor Arrangements," American Conference Institute, New York, September 27-28, 2006
· Speaker, "Bankruptcy Abuse and Prevention Act," Hospitality Industry Credit Group and Credit Group of the National Association of Credit Management seminar, September 12, 2006
· Moderator and Lead Speaker, "Real Estate Lending Requirements and Loan Documentation," Lorman seminar, San Diego, California, August 22, 2006
· Speaker, "Mechanics Lien Law & Related Remedies," National Association of Credit Managers, San Diego, 2006
· Speaker, "Defeasances in Real Estate Financing - the Good, the Bad and the Ugly," American Bar Association, Tampa, Florida, April 8, 2006
· Speaker, "An Overview of the New Bankruptcy Laws," NACM/CFDD San Diego Chapter, March 16, 2006
· Speaker, "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," December 9, 2005
· Speaker, "2nd Annual Women in Leadership Conference," University of San Diego's School of Business, April 2005.
· "Innovative Financing of the Closely-Held and Family Business," Entrepreneurial Management Center of the College of Business Administration of San Diego University, February 2005
· Speaker, "Insurance: What Every Lender Should Know But is Afraid to Ask," San Diego National Bank Seminar, January 2005
· "Bankruptcy Taxation", 8th Annual Tax and Accounting Institute, San Diego, California, November 2004
· "What Every Unsecured Creditor Should Know About Being A Secured Creditor," Western Regional CFDD Conference, San Diego, California, February 19-20, 2004
· "Credit Collection--Is It Legal? Is It Ethical?", Western Regional CFDD Conference, San Diego, California, February 19-20, 2004
· "Doing Business With Indian Tribes," Western Regional CFDD Conference, San Diego, California, February 19-20, 2004
· Overview of Bankruptcy (San Diego CFDD - affiliated with the San Diego Chapter of the National Association of Credit Managers, October 10, 2003)
· Credit Applications and Procedures (National Lighting and Fixtures Group, San Diego Credit Association, April 2003)
· A Creditor's Guide to Bankruptcy / Reclamation, Stoppage in Transit and Other Return of Goods Remedies (San Diego Credit Association, February 2002)
· Current Issues in Intellectual Property Financing (Financial Lawyers Conference, Los Angeles, January 2002)
· Emerging Issues in Real Property Financing: Securitized Financing (CEB, San Diego, January 2001)
· Bankruptcy "Must Know" Topics! (The Rutter Group, San Diego, November 2000)
· Revised Article 9 (San Diego Bankruptcy Forum, San Diego, October 2000)
· Taking, Holding and Enforcing Real Property Security (CEB, San Francisco, Orange County, Los Angeles, November 1998)
· Secured Real Property Transactions (CEB, San Diego, June - July 1998)
· Bankruptcy for Nonbankruptcy Lawyers (The Rutter Group, San Diego, Orange County, Los Angeles and San Francisco, California, May - June 1998)
· Letters of Credit: Just When You Thought It Was Safe To Go Back In The Water (Commercial Law Section, San Diego County Bar Association, June 1996)
· How to Deal with Your Law Practice's Bank: Practical and Ethical Considerations (California State Bar, Spring Section Education Institute, May 1996)
· Bankruptcy Practice: Fifth Annual Recent Developments (CEB, March 1996)
· Executory Contracts: Still Crazy After All These Years (Financial Lawyers Conference, September 1995)
· Proving Valuation: Trial Testimony in the High Tech Age (San Diego Bankruptcy Forum, June 1995)
· Guaranties (Business Law Section of the State Bar of California, Annual Spring Program, San Diego, June 1995)
· Treatment of Intellectual Property Licenses in Bankruptcy (ABA Spring Meeting, San Antonio, Texas, March 1995)
· Drafting Bankruptcy Avoidance Agreements (ABA Spring Meeting, San Antonio, Texas, March 1995)
· Fourth Annual Recent Developments in Bankruptcy Law (CEB, March 1995)
· Bankruptcy Fundamentals (The Rutter Group, San Francisco, Los Angeles, Irvine, San Diego, September 1994 (Program Chairperson))
· Negotiating "No Second Bite" and Other Bankruptcy Waivers in Debt Restructuring (ABA Annual Meeting, New Orleans, August 1994)
· How to Get Results in Collection of Delinquent Debts (National Business Institute, San Diego, California, July 1994)
· Enforcement and Advisability of Pre-Bankruptcy Waivers of Debtor's Rights (Real Property Law Section of the State Bar of California, Annual Retreat, Coronado, California, April 1994)
· Third Annual Recent Developments in Bankruptcy Law (CEB, March 1994)
· Receiverships: Selected Issues (Real Property Section of the San Diego County Bar Association, February 1994)
· Leases and Bankruptcy: Is There Any Hope For Landlords? (Presented in conjunction with Grubb & Ellis, San Diego, California, December 1993)
· Boilerplate Provisions... The Stuff You Always Forget (State Bar of California, 1993 Fall Section, Education Institute, San Diego, California, November 1993)
· The Enforceability of Pre-Bankruptcy Waivers of Debtor's Rights (Business Bankruptcy Section of the ABA, Orlando, Florida, October 1993)
· The Effect of Bankruptcy on Secured Lenders (California State Bar Annual Convention, Real Property Section, October 1993, San Diego, California)
· Advising Corporations in Financial Difficulties (The Rutter Group, San Diego and Orange County, California, September 1993)
· How to Protect Secured Interests in Bankruptcy in California (National Business Institute, San Diego, California, July 1993)
· Drafting Forbearance Agreements (Business Bankruptcy Section of the ABA, New Orleans, April 1993)
· Avoiding Malpractice in Bankruptcy (Lawyers Mutual Insurance Company, San Diego, California, April 1993)
· Twelve Traps for the Unwary; What Every Trial Lawyer Better Know About Bankruptcy Court (Association of Business Trial Lawyers of San Diego, San Diego, California, May 1993)
· Bankruptcy Law Seminar (University of San Diego, January 1993; January 1994)
· Treatment of Leases in Bankruptcy (WICRE, November 1992)
· Fundamentals of Bankruptcy (Federal Bar Association, San Diego, October 1992)
· Overview of Federal Bankruptcy Proceedings (Federal Litigation Institute, La Quinta, California, October 1992)
· Elusive Equity in Real Estate (Bankruptcy Section of San Diego County Bar Association, September 1992)
· Use of Cash Collateral in Bankruptcy (California Bankruptcy Forum, Indian Wells, May 1992)
· Alternatives to and Overview of Bankruptcy (Hotel/Motel Brokers of America, Scottsdale, Arizona, January 1992)
· Selected Bankruptcy Issues (CEB, September 1989, April 1991 and March 1992)
· Receiverships (Real Property Section of San Diego County Bar Association, January 1992)
· Treatment of Leases in Bankruptcy (WICRE, November 1991)
· Post-Bankruptcy Financing (Bankruptcy Section of San Diego County Bar Association, October 1991)
· Attachment, Execution and Other Creditor Remedies (The Rutter Group, May 1991)
· Troubled Hotel Properties (International Society of Hospitality Consultants Spring Symposium; Atlanta, March 1991)
· Secured Lending and Collateral Control (Infocast, Los Angeles, November 1990 (Chairperson); Los Angeles, April 1990)
· Pre-Bankruptcy Workouts (California Bankruptcy Forum, Palm Springs, June 1990)
· Documenting the Commercial Loan (Infocast, Los Angeles, November 1990; San Francisco, June 1990 (Chairperson); Los Angeles, October 1989)
· What to Do If Your Bills Exceed Your Paycheck (The Learning Annex, May, June, July, August and September 1990)
· Real Estate Construction Lending (Infocast, San Diego, April 1990)
· KCEO AM 1000 "Money in the Morning" talk show: topic: Bankruptcy (San Diego, April 1990)
· Today's Multi-Bank Credits and Asset Sales (Infocast, Los Angeles, California, November 1989)
· Mechanic Lien Remedies and Bankruptcy Law (Financial Lawyers Group, April 1990; Bankruptcy Section of the San Diego County Bar Association, November 1989)
· The New Local Bankruptcy Rules (San Diego Bankruptcy Forum, September 1989)
· Insider Preferences (Bankruptcy Section of San Diego County Bar Association, July 1989)
· Fundamentals of Bankruptcy (U.S. Department of Housing and Urban Development, June 1989)
· Bankruptcy Litigation Seminar (Professional Education Systems, November 1988)
· Enforcing Judgments (The Rutter Group, November 1987 and 1989)
· Security Interests in Executory Contracts (ABA Business Bankruptcy/Secured Creditors Committees, New Orleans, October 1987 and Bankruptcy and Financial Law Sections of San Diego County Bar Association, August 1988)
· Fundamentals of Bankruptcy (Continuing Education for Paralegal Training, 1987 and 1989)
· Fundamentals of Bankruptcy (Bridging the Gap Seminar, San Diego County Bar Association, February 1987)
· Mechanic's Liens and Related Remedies (in conjunction with San Diego Wholesale Credit Association, June 1986)
· Symposium on Reorganization and Liquidation without Adjudication (in conjunction with San Diego Wholesale Credit Association, May 1986)
· Unauthorized Use of Cash Collateral (Bankruptcy Section of San Diego County Bar Association, May 1986)
· Overview of Bankruptcy Law (San Diego Community College, March 1985)
· "Selected Topics Under Revised Article 9" (California CEB, January 9, 2004)
Member: American Bar Association (Member, Business Bankruptcy Committee and Uniform Commercial Code Committee, Section of Business Law); State Bar of California (Member, 1994-1997 and Treasurer, 1995-1997 and Member, 1991-1994 and 1999-2002 and Co-Chair, 2001-2002, Uniform Commercial Code Committee, Business Law Section; Member, Real Property Section); San Diego County Bar Association (Secretary, Commercial Law Section, 1988; Chairman, Bankruptcy Section, 1987).
Practice Areas: Commercial Finance; Commercial Loans; Lender Law; Real Property; Personal Property; Secured Transactions; Uniform Commercial Code; Creditors Rights; Bankruptcy; Insolvency; Business Reorganization; Workouts; Asset Based Finance; Construction Finance; Banking Law; Finance; Energy Facility Siting; Nuclear Energy; International Law.Email: Mikel R. Bistrow
Ann K. Bradley (Partner) born Los Angeles, California, July 29, 1948; admitted to bar, 1992, California; U.S. District Courts for the Northern, Southern and Eastern Districts of California; Supreme Court of California; U.S. Court of Appeals for the Ninth Circuit. Education: University of San Diego School of Law (J.D., magna cum laude, 1992).
Ann K. Bradley practices in the area of federal and California employment law, exclusively representing employers. She focuses on advising clients daily on employee relations issues, hiring practices, discipline and discharge, leaves of absence and reasonable accommodation of disabilities. She regularly guides employers through internal investigations of employee complaints; prepares employment agreements, offer letters and separation agreements for individuals, executives and group reductions in force; performs exempt status audits; and reviews policies, handbooks and leave administration programs. Ms. Bradley also defends employers in state and federal courts and before administrative agencies, such as the EEOC, DFEH, California Labor Commissioner, and California Unemployment Insurance Appeals Board.
Prior to entering the practice of law, Ms. Bradley held sales and marketing management positions with several companies and founded and operated a national consulting firm for more than a decade. She is an experienced trainer, speaker and author of numerous articles on both business and legal topics.
Ms. Bradley is a 1992 magna cum laude graduate of the University of San Diego School of Law, where she was a member of the University of San Diego Law Review, and a graduate of San Diego State University (B.A.; Certificate in Business Administration).
Areas of Practice
· Employment Law
Representative Matters
· Provided advice and counsel to clients in the biotechnology, health care, financial services, retail, hospitality and other industries regarding reductions in force and departmental restructurings, including risk assessment and preparation of all employee agreements and communications, to achieve substantial cost savings and avoidance of litigation.
· Conducted company-wide exempt status analyses and developed reclassification strategies and employee communications to avoid costly wage and hour class action litigation.
· Successful defense of employment discrimination, harassment and wrongful termination cases in federal and state courts and before federal and state agencies.
· Guided clients through high-risk internal investigations, including investigation methodology, appropriate corrective action and timely documentation of results.
· Provided advice and counsel to clients on appropriate procedures and options for responding to workplace violence threats.
· Provided on-going advice and counsel to clients regarding accommodation of employees with disabilities, including legal obligations, risk assessment, strategy development and drafting of individual employee communications.
· Successfully negotiated executive separations to avoid litigation and achieve client business objectives.
· Advised companies from small start-ups to large multi-state employers in health care, financial services and other industries regarding compliance with California and federal employment laws, including preparation of employee handbooks and forms and procedures for recruiting, hiring, background-checking and leaves of absence.
· Conducted in-house training for clients in various industries, including mandatory sexual harassment training for supervisors in California, discipline and discharge procedures, wage and hour compliance, leave of absence administration and effective internal investigations.
· Analyzed and drafted employment provisions of purchase and sale agreements and reviewed and drafted executive employment agreements in connection with mergers and acquisitions. Assisted clients with all employment aspects of post-acquisition integration.
Professional Activities
· State Bar of California
· San Diego Bar Association
Admissions
· California
· U.S. District Courts for the Northern, Southern and Eastern Districts of California
· Supreme Court of California
· U.S. Court of Appeals for the Ninth Circuit
Education
· University of San Diego School of Law, J.D., magna cum laude, 1992
Experience
· Duane Morris LLP
- Partner, 2007-present
· DLA Piper (formerly Gray Cary Ware and Freidenrich)
- Partner, 2001-2007
- Associate, 1994-2000
· Procopio Cory Hargraves & Savitch
- Associate, 1992-1994
Board Memberships
· South County Personnel Association
- Former Board Member, Officer and Legal/Legislative Chair
Selected Publications
· "Employers' Responsibility to Eliminate Sexual Harassment," San Diego Business Journal
· Mental Disability Discrimination and the Americans with Disabilities Act," California Human Resources
· "An Employer's Perspective on Telemarketing Call Monitoring: Invasion of Employee Privacy or Legitimate Business Practice?" Labor Law Journal
Selected Speaking Engagements
· "Conducting Internal Investigations: Is Your Organization Prepared?" Duane Morris Employment & Immigration Seminar, San Diego
· "Workplace Law and Practice 2009," Duane Morris Employment & Immigration Seminar
· "Disability and Reasonable Accommodation Issues," Duane Morris Employment & Immigration Breakfast Briefing
· "The Employee Free Choice Act: Is Your Organization Prepared?" Duane Morris Employment & Immigration Breakfast Briefing
· "Implementing the New FMLA Regulations in California," Duane Morris Breakfast Briefing
· "Top 10 Mistakes Employers Make During a Recession," Duane Morris Employment & Immigration Breakfast Briefing
· "Reductions in Force," Duane Morris 2008 Spring Seminar
· "Strategies for Managing Leaves of Absence and Minimizing Absenteeism," Gray Cary Employment Law Briefing
· "E-Privacy...Or is it?" Gray Cary Employment Law Briefing
· "Sexual Harassment - the U.S. Supreme Court Speaks," SDEA 18th Annual Employment Update
· "Background Checking and the California Employer: How to Comply with the FCRA," South County Personnel Association
· "Prudent Hiring - Not Privacy Invasion," California Association of Homes and Services for the Aging
· "Dealing with the Legal Issues Created by the Contingent Workforce: Independent Contractors, Leased Employees and Temps," SDEA/Cal Labor Letter 16th Annual Employment Law Update
· "Cal/OSHA Record Keeping, Inspections and Citations," San Diego Employer's Association
· "Sexual Harassment Investigations - Avoiding the Pitfalls;" East County Personnel Association
· "12 Rules for Effective Internal Investigation of Employee Complaints," GaryCary Employment Law Briefing
Selected Client In-House Workshops
· "Time Reporting and Pay Guidelines"
· "Employee Classification: Exempt or Nonexempt?"
· "Leave Administration Workshop"
· "Ten Steps for Effective Internal Investigations"
Member: State Bar of California; San Diego Bar Association.
Practice Areas: Labor and Employment; Management Labor Law; Labor Relations.Email: Ann K. Bradley
Kathryn M.S. Catherwood (Partner) born Madison, Wisconsin, July 14, 1959; admitted to bar, 1990, Wisconsin and California; State Courts of California; State Courts of Wisconsin; United States Court of Appeals for the Ninth Circuit; United States District Court for the Northern, Southern, Eastern and Central Districts of California. Education: University of Wisconsin (B.S., Zoology, 1979); University of Wisconsin (B.S., Nursing, 1982); University of Wisconsin Law School (J.D., cum laude, 1990).
Kathryn M.S. Catherwood practices in the area of bankruptcy law, primarily representing creditors and trustees; commercial litigation and lender liability/secured creditor issues.
She is a member of the California Bar Association, the Bankruptcy Section of the San Diego County Bar Association, the American Bankruptcy Institute, past president of the San Diego Bankruptcy Forum, past president of the California Bankruptcy Forum, director of the Law Library Justice Foundation and director of IWIRC - San Diego.
She has lectured on the topics of creditor representation in Chapter 11 cases, collection actions in California and enforcement of mechanics' liens in California. She participated in authoring "Personal and Small Business Bankruptcy Practice in California" published by the Continuing Education of the Bar: California, 2003, 2004, 2005 and 2006.
Ms. Catherwood is an 1990 cum laude graduate of the University of Wisconsin Law, a 1982 graduate of the University of Wisconsin School of Nursing and a 1979 graduate of the University of Wisconsin (B.S., Zoology).
Areas of Practice
· Creditors' Rights
· Bankruptcy Law
· Commercial Litigation
· Mechanic's Lien Law
Representative Matters
· Confirmed Chapter 11 reorganization plan for Southern California theater chain
· Obtained $1.6 million settlement against Chapter 11 debtor for state agency in Ohio
· Successfully resolved a breach of contract action, including settlement of punitive damages, in AAA arbitration against large software company for failure to provide operable software to manufacturer of luxury motor coaches
· Successfully defended reorganized Chapter 11 debtor through trial against claim of former accounting firm for professional fees after accounting firm withdrew and failed to provide audited financial statements to enable debtor to comply with SEC reporting requirements
· Successfully defeated 9th Circuit BAP appeal of claim of former investor against reorganized Chapter 11 debtor
· Successfully obtained summary judgment for client in license dispute
· Successfully obtained judgment for lender client against guarantors after non-judicial foreclosure, defeating defense of "sham guaranty" on summary judgment.
Professional Activities
· The State Bar of California
· State Bar of Wisconsin
· San Diego County Bar Association
- Bankruptcy Section
· California Bankruptcy Forum
- President, 2006
· San Diego Bankruptcy Forum
- President, 2005
· IWIRC - San Diego
Admissions
· Wisconsin
· California
· State Courts of California
· State Courts of Wisconsin
· United States Court of Appeals for the Ninth Circuit
· United States District Courts for the Northern, Southern, Eastern and Central Districts of California
Education
· University of Wisconsin Law School, J.D., cum laude, 1990
· University of Wisconsin, B.S., Nursing, 1982
· University of Wisconsin, B.S., Zoology, 1979
Experience
· Luce, Forward, Hamilton & Scripps LLP, San Diego, California
- Partner, 2000-2003
- Associate, 1990-1999
· Duane Morris LLP
- Partner, 2003-present
· Registered Nurse: Hawaii, 1983 and Wisconsin, 1987
Board Memberships
· California Bankruptcy Forum
- Past President
· San Diego Bankruptcy Forum
- Past President
· Law Library Justice Foundation
Selected Publications
· "Personal and Small Business Bankruptcy," Bankruptcy Practice California, Continuing Education of the Bar, 2003-2007
Selected Speaking Engagements
· Speaker, "Bankruptcy Law and Procedure From Start to Finish," National Business Institute, April 30, 2007
· Speaker, "Bankruptcy in California - A Creditor's Perspective," Lorman Education Services, June 14, 2001
· Speaker, "Bankruptcy in California," Lorman Education Services, June 23, 2004
· Speaker, "Foreclosure and Repossession," Lorman Education Services, January 29, 2008
· Speaker, "Trustee Issues - Turning a Sow's Ear Into a Silk Purse: Life and Times of Bankruptcy Trustees," California Bankruptcy Forum Conference, May 20, 2000
· Speaker, "How to Get Results in Collection of Delinquent Debts in California," National Business Institute seminar, April 18, 2000
· Speaker, "Mechanic's Lien Law - Protecting and Enforcing Mechanic's Lien Rights in a Bankruptcy," San Diego Bankruptcy Bar Section seminar, May 27, 1998
· Speaker, Mechanic's Lien Law Seminar, sponsored by Credit Financial Development Division of National Association of Credit Managers, April 14, 1998
· Speaker, "Selling and Granting Credit to Native American Reservations," San Diego Wholesale Credit Corporation, May 28, 1997
· Speaker, "Mechanic's Lien Law - Protecting Your Interests in a Slow Economy," Fresno Bankruptcy Bar Section seminar, March 6, 1997
· Speaker, Mechanic's Lien Law seminar, San Diego Wholesale Credit Corporation, July 16, 1996
· Speaker, "Trial and Error: Effective Advocacy in Bankruptcy Matters & Appeals," San Diego Bankruptcy Forum, December 14, 1995
· Speaker, "Chapter 11: Is It Working?" San Diego Bankruptcy Form, March 15, 1995
· Speaker, "Trustee Issues: A Panel Discussion," San Diego Bankruptcy Forum, March 23, 1994
Member: State Bar of California; State Bar of Wisconsin; San Diego County Bar Association (Bankruptcy Section); California Bankruptcy Forum (President, 2006); San Diego Bankruptcy Forum (President, 2005); IWIRC - San Diego.
Practice Areas: Bankruptcy Law; Bankruptcy Litigation; Creditors Rights; Business Reorganization; Financial Restructuring.Email: Kathryn M.S. Catherwood
Christopher Celentino (Partner) born Tarrytown, New York, July 2, 1962; admitted to bar, 1987, California; United States District Courts for the Southern, Northern, Central and Eastern Districts of California. Education: Georgetown University Law Center (J.D., cum laude, 1987).
Christopher Celentino is the managing partner of Duane Morris' San Diego office. He practices in the areas of business reorganization, creditor's rights, insolvency and bankruptcy Mr. Celentino's bankruptcy practice emphasizes representation of creditors in chapter 7, 11 and 13 cases, as well as representation of court-appointed trustees in chapter 7 and chapter 11 cases. He has also represented debtors, including publicly traded companies, having been instrumental in representing a debtor in a chapter 11 reorganization characterized by the bankruptcy judge as "a member of the San Diego Bankruptcy Reorganization Hall of Fame." Mr. Celentino has a special knowledge in mechanic's lien law and construction litigation matters, as well as family law and related dissolution matters. Mr. Celentino's creditor's rights practice emphasizes representing lenders and borrowers in workout and restructuring of commercial loans, secured transactions, and lease transactions, and pursuit of creditor's remedies in commercial litigation matters.
Mr. Celentino is admitted to practice in all California state courts and before the U.S. District Court for the Southern, Northern, Central and Eastern districts of California. Mr. Celentino has been admitted pro hac vice in federal bankruptcy court matters in Arizona, Delaware, Nevada, New York, Illinois and Texas.
Mr. Celentino is one of only four San Diego attorneys certified as a business bankruptcy specialist by the American Board of Certification. Mr. Celentino is a member of the San Diego County Bar Association, California State Bar Association and the San Diego, Bay Area and California bankruptcy forums. He was named a Super Lawyer for San Diego by Law & Politics magazine for 2007, 2008 and 2009, was listed in the 2005-2006 edition of Who's Who in American Law and was the 2002 president of the San Diego Bankruptcy Forum, the leading professional organization for bankruptcy lawyers in San Diego. His is the current secretary of the California State Bar Association Insolvency Law Committee and a member of the board of directors of the Bay Area Bankruptcy Forum. He is a former president of the San Diego Bankruptcy Forum, former chair of the Bankruptcy Law Section of the San Diego County Bar Association, former chair of the San Diego Financial Lawyers Group and a former executive committee member and board member of the California Bankruptcy Forum. He serves as a court-appointed mediator for the U.S. Bankruptcy Court for the Southern District of California. Mr. Celentino has written and spoken on a wide variety of creditor's rights, banking, business and bankruptcy law topics.
Mr. Celentino is a 1987 cum laude graduate of Georgetown University in Washington, D.C., where he was the co-founder and editor-in-chief of The Journal of Law and Technology and was an associate editor of The Georgetown Law Journal, and a graduate of Northwestern University.
Areas of Practice
· Creditor's Rights
· Fiduciary Services Litigation
· Business Reorganization and Workouts
· Insolvency and Bankruptcy Law
Representative Matters
· Chief Reorganization Counsel, Palomar Mountain Spring Water, Inc., Confirmed Plan of Reorganization
· Chief Reorganization Counsel, CinemaStar, Inc., confirmed plan, publicly traded company
· Chief Reorganization Counsel, Audre, Inc., confirmed plan, publicly traded company
· Trustee Counsel, In re Adams, complex high-profile bankruptcy/divorce case
· Trustee Counsel, Multiple Fraudulent Conveyance Cases
· OCC Counsel, In re Pacific Gateway Exchange, Confirmed Plan of Reorganization
· OCC Counsel, In re Campesinos Unidos, Confirmed Plan of Reorganization
Professional Activities
· State Bar of California
- Member, Insolvency Law Committee, 2005 - 2008
· San Diego County Bar Association
- Chair, Bankruptcy Law Section, 1992-1993
· San Diego Financial Lawyer's Group
- Former President
· United States Bankruptcy Court, Southern District of California
- Mediation Panel Member, 1994-present
· Louis M. Welch Inn of the American Inns of Court
Experience
· Duane Morris LLP
- Partner, 2003-present
-- Managing Partner, San Diego office
· Luce, Forward, Hamilton & Scripps LLP, San Diego, California
- Partner, 1994-2003
- Associate, 1987-1994
Board Memberships
· Bay Area Bankruptcy Forum
- Board of Directors
· California Bankruptcy Forum
- Executive Committee
- Board of Directors
- Co-chair, Program Committee, 2000 Annual Meeting
· San Diego Bankruptcy Forum
- Member, Board of Directors
- President, 2002
· San Diego Center for Children
- Former Chair of Board
Civic and Charitable Activities
· Fundraising Steering Committee, ElderHelp, 1996-1999
· Republican National Convention Host Committee, 1996
· Greater Golden Hill Planning Committee, City of San Diego, 1988-1991
· San Diego Venture Group, 1987-1990
· Member, Georgetown University Alumni Club of San Diego
· Member, Northwestern University Alumni Club of San Diego
· Head Coach and Team Manager, Presidio Little League
· Coach and Sponsor, Tecolote Little League
Honors and Awards
· Board Certified, Business Bankruptcy Specialist, American Board of Certification
· Southern California Super Lawyers, 2007, 2008 and 2009
· Listed in 2005-2006 edition of Who's Who in American Law
· 1994 Annual Award for Outstanding Service to the Community, San Diego County Bar Association
· Frank Curran Humanitarian Award, San Diego Downtown Partnership, 1993
· Delegate, California State Bar Convention, 1992 and 1993
· Wiley M. Manual Award for Pro Bono Legal Service, State Bar of California, 1992
Selected Publications
· Author, "Portions of the 2005 Bankruptcy Reform Legislation of Interest to Family Law Practitioners," Pennsylvania Family Lawyer, July 2008
· Author, "Divorce and Bankruptcy: Spousal Support as Property of the Estate," California Bankruptcy Journal, Vol. 28, No. 4, 2006
· Author, "Divorce and Bankruptcy," California Family Law Newsletter, 2006
· Co-author, "Bankruptcy Law Update," CEB, April 1997 and 1998
· Co-author, "Divorce and Bankruptcy: Current Issues," National Association of Bankruptcy Trustees Annual Meeting, 1995
· Co-author, "Bankruptcy Ethics: A Panel Discussion," San Diego Bankruptcy Forum, 1994
· Co-author, "Trustee's Issues: A Panel Discussion, " San Diego Bankruptcy Forum, 1994
· "A Primer on Mechanics' Liens, Stop Notices and Design Professional's Liens: Protecting Your Interests in a Slow Economy," San Diego Wholesale Credit Association, 1994
· "Bankruptcy Waters Run Deep for Those on Board," San Diego Business Journal, September 1993
· Co-author, "Mechanics' Liens and Related Remedies," San Diego Bankruptcy Forum, 1992
· Co-author, "Bankruptcy: a Brief Introduction," Dicta Magazine, November 1988
· Co-author, "Debtors' Pension Plans: Ours or Theirs," NABtalk, Journal of the National Association of Bankruptcy Trustees, Summer 2001
· Co-author, "Vault Corp. v. Quaid Software Ltd.: Invalidating Shrink-wrap Licenses?" 2 Journal of Law & Technology 151, 1987
Selected Speaking Engagements
· Co-speaker, "Restructuring 101 for Healthy Companies: What Healthy Companies Need to Know About Restructuring Now," Association for Corporate Growth - San Diego Chapter, November 17, 2009
· Co-speaker, "Bankruptcy Issues in Divorce," The Rutter Group program, San Francisco and Los Angeles, California, September 24-25, 2007
· Speaker, "Bankruptcy Law: What You Need to Know When a Key Vendor/Supplier/Customer Files Bankruptcy?" Center for International Legal Studies, August 2006
· Speaker, "Licensing, Distributions and Franchising Issues Arising in U.S. Bankruptcy Proceedings," Center for International Legal Studies, February 2006
· Speaker, "Medication in Bankruptcy Cases, Center for International Legal Studies, February 2007
· "Bankruptcy Taxation", 8th Annual Tax and Accounting Institute, San Diego, California, November 2004
· "Key Creditor Remedies and Related Issues Under the Bankruptcy Law," CFDD Western Conference, San Diego, California, February 2004
· Speaker, "Mechanics Lien Law & Related Remedies," National Association of Credit Managers, San Diego, 2006
· Speaker, "Mechanics Lien Law & Related Remedies," National Association of Credit Managers, San Diego, 2006
· "Debtors' Pension Plans: Ours or Theirs," National Association of Bankruptcy Trustees, Spring Meeting, 2001; Annual Meeting, September 2003
· "Construction Law and Mechanics' Lien Issues," Center for International Legal Studies, February 2003
· "A Primer on Mechanic's Liens, Stop Notices and Design Professional's Liens," Credit Financial Development Division of National Association of Credit Managers, January 2001, 2002 and 2003
· "Mechanics' Lien Law and Strategy, Stop Notices, and Payment Bond Claims in California," National Business Institute, April 2002
· "Workouts, Restructuring and Reorganization," Association for Corporate Growth Annual Meeting, March 2002
· "Emerging Use of Internet in Bankruptcy Asset Liquidation," Central California Bankruptcy Association, November 2000
· "Efficient Liquidation of Assets in Bankruptcy Cases, National Association of Bankruptcy Trustees, September 2000
· "Pursuit of Pension Assets in Bankruptcy Cases," Alameda County Bar Association, March 2000
· "Offshore Assets: Discovery and Recovery," Southern California Chapter, American Academy of Matrimonial Lawyers, January 2000
· "What a Debtor's Lawyer Should Know About Commercial Credit," Central California Bankruptcy Forum, July 1999
· "Bankruptcy and Divorce," Central California Bankruptcy Forum, July 1998
· "A Primer on Mechanics' Liens, Stop Notices and Design Professional's Liens," Credit Financial Development Division of National Association of Credit Managers, April 1998
· "Bankruptcy Law Update," CEB, March 1997; April 1998
· "Construction Law and Bankruptcy," Central California Bankruptcy Forum, July 1997
· "Bankruptcy and Divorce: An In-depth Analysis of Selected Issues," National Business Institute, June 1996; February 1997
· "Bankruptcy and Divorce: Selected Issues," San Diego County Bar Association, March 1996
· "Commercial Lending in California," National Business Institute, 1996
· "Enforcing a Guaranty of Real Property Loans," San Diego County Bar Association, Real Property and Commercial Law Sections, May 1995
· "Divorce and Bankruptcy: Current Issues," National Association of Bankruptcy Trustees Annual Meeting, March 1995
· "Recent Changes to the California Civil Code: Mechanics' Liens, Stop Notices and Related Remedies on State and Federal Contracts," CFDD, San Diego Chapter
· "A Primer on Mechanics' Liens, Stop Notices and Design Professional's Liens: Protecting Your Interests in a Slow Economy," "Bankruptcy Risks in Credit Transactions" and "Mechanics' Liens, Stop Notices and Related Remedies," San Diego Wholesale Credit Association, 1994
· "International Letters of Credit," International Law Forum
· "Documenting the Commercial Loan," Infocast
· "Bankruptcy Risks in Credit Transactions," National Association of Credit Managers
· "Workouts and Washouts: Current Issues in Dealing with Defaults and Foreclosures," National Association of Credit Managers
· "Receiverships: Protecting Your Rents," Ninth Annual Legal Roundtable, San Diego Chapter of Women in Commercial Real Estate
Member: State Bar of California (Member, Insolvency Law Committee, 2005-2008); San Diego County Bar Association (Chair, Bankruptcy Law Section, 1992-1993); San Diego Financial Lawyer's Group (Former President).
Practice Areas: Creditors Rights; Insolvency; Bankruptcy Law; Bankruptcy Chapter 7; Bankruptcy Chapter 11; Bankruptcy Chapter 13; Construction Litigation; Mechanics Liens; Family Law; Business Reorganization; Financial Restructuring; International Law; Franchise Law.Email: Christopher Celentino
John P. Cooley (Partner) born La Mesa, California, November 30, 1966; admitted to bar, 1992, California; U.S. District Court for the Central District of California; U.S. District Court for the Northern District of California; U.S. District Court for the Eastern District of California; U.S. District Court for the Southern District of California; U.S. Court of Appeals for the Ninth Circuit; U.S. Court of Appeals for the Eleventh Circuit; U.S. Court of Appeals for the Federal Circuit. Education: University of California, San Diego (B.A., 1988); Santa Clara University School of Law (J.D., cum laude, 1992).
John P. Cooley practices in the area of commercial and products liability litigation. He has extensive experience defending businesses and individuals in cases involving allegations of unfair competition, interference with business, theft of trade secrets, defective products, defamation and invasion of privacy.
Mr. Cooley is a 1992 cum laude graduate of Santa Clara University School of Law and a graduate of the University of California at San Diego.
Areas Of Practice
· Products Liability
· Media Law
· Business/Commercial Litigation
Representative Matters
· Successfully represented a pharmaceutical research institute sued by biotechnology company for infringement of imaging method patents; obtained summary judgment of non-infringement.
· Defended large pharmaceutical companies sued for defamation and trade libel by biotechnology company; successfully prosecuted anti-SLAPP motions through appeal and obtained judgment awarding clients litigation costs and attorneys' fees incurred defending the lawsuit.
· Represented international energy companies sued by attorney to enjoin out-of-state judicial proceedings and for damages. On the eve of trial, prevailed on anti-SLAPP motion and obtained order dismissing entire lawsuit and awarding clients the right to recover all litigation costs and attorneys' fees.
· Represented commercial real estate investor in action against developer for breach of contract and fraud; obtained $1.4 million dollar settlement on behalf of client.
· Represented Internet web hosting service sued by internet service provider company and its subsidiary for claims of theft of trade secrets and unfair competition. Obtained favorable settlement for client after several years of litigation involving complex computer issues, mediations, an inspection of the opposing party's computer hard drive and cross-motions for summary judgment.
· Represented large pharmaceutical company sued in a class action lawsuit for unfair competition involving privacy of patient medical information. Secured full dismissal of lawsuit.
· Defended nonprofit medical clinics in arbitration involving a claim for breach of a software development contract; obtained full dismissal of arbitration.
· Represented national trust company in prosecution of an interpleader adversary proceeding in bankruptcy court against over 100 defendants with claims to 200,000 pollution exchange credits. A full discharge was obtained on behalf of client.
· Member of national litigation defense counsel team for distributor of natural rubber latex gloves sued by healthcare workers in over 225 product liability lawsuits filed nationwide in state courts and federal courts coordinated into a multi-district litigation. Obtained dismissals in numerous actions before obtaining favorable global settlement of remaining cases. In re Latex Glove Litigation, MDL No. 1148
· Represented large publishing company sued by plaintiff who sustained personal injuries after following instructions in book for mixing a home cleansing solution; obtained full dismissal for client based on argument that publisher does not owe reader a duty of care.
· Represented daily newspaper sued for libel based on newspaper article critical of plaintiff company; prevailed on anti-SLAPP motion based on the substantial truth of the article, and obtained order permitting client to recover all attorneys' fees and litigation costs incurred in lawsuit.
· Represented television station sued by adult bookstore for libel based on television news report describing obscenity arrests; prevailed on anti-SLAPP motion based on the privileged nature of the report, and obtained order permitting client to recover all attorneys' fees and litigation costs incurred in lawsuit
· Represented newspaper sued by a religious organization for libel based on an article describing financial mismanagement; obtained summary judgment on all causes of action based on the New York Times legal standard of actual malice.
· Represented clients in dozens of federal and state court appeals involving diverse types of pre-trial and trial issues including ones involving claims of bad faith breach of insurance contract, defamation, shareholder derivative claims, attorney fee awards and state tax bankruptcy claims.
Professional Activities
· Association of Business Trial Lawyers, San Diego
· San Diego County Bar Association
· American Inns of Court, Louis M. Welsh Chapter
Experience
· Duane Morris LLP
- Partner, 2005-present
· Buchanan Ingersoll LLP
- Senior Attorney, 2001-2005
· Luce, Forward, Hamilton & Scripps LLP
- Associate, 1993-2001
· U.S. District Court for the Northern District of California
- Extern to the Hon. James Ware, 1991
· The Gamesman, ESPN Network
- Videographer, 1988-1989
· KGTV-10 ABC affiliate
- Assistant News Photographer, 1986-1988
Civic and Charitable Activities
· Director and Past President, San Diego County Crime Stoppers, Inc.
· Member and Past Chairman, Alpine High School Citizens Committee
· Alumni, San Diego FBI Citizens' Academy
· Director, Palo Verde Ranch HOA
Honors and Awards
· Recipient of the State Bar Wiley W. Manuel Award for Pro Bono Legal Service
Selected Publications
· "DEFAMATION.COM," Career Education Review, September 2005
· Quoted in "Product Liability's Hot Spots," San Diego Metropolitan, July 2004
· "Legal Risks of Owning a Web Site," San Diego Daily Transcript, January 12, 2000
· "WWW.LAWSUIT.COM: The Legal Risks of Owning a Web Site," Technology Law Update, November 1999
· "In Some Cases SLAPPing Back Is Good For Business," Los Angeles Daily Journal, July 1, 1996
· "The World Wide Web, Lawsuits and You," For The Record, Fall 1996
Selected Speaking Engagements
· "Copyright Law for Photographers," presented to Volquartz Large Format Photography Workshop, 2007
· "Defamation, Privacy and the First Amendment," presented to the staffs of the San Diego State Daily Aztec and San Diego Business Journal, 1994-1998
Member: Association of Business Trial Lawyers; San Diego County Bar Association.
Practice Areas: Business and Commercial Litigation; Products Liability; Trial.Email: John P. Cooley
Edward M. Cramp (Partner) born Toronto, Canada, August 11, 1971; admitted to bar, 1996, Illinois; 2001, California; U.S. Court of Appeals for the Armed Forces; U.S. District Court for the Northern, Central, Eastern and Southern Districts of California; Supreme Court of California; Supreme Court of Illinois. Education: University of California, Riverside (B.A., Economics and Political Science, 1993); Chicago-Kent College of Law (J.D., with honors, 1996).
Edward M. Cramp is a higher education attorney who focuses on representing private postsecondary education institutions. Mr. Cramp advises his clients in all areas of operations, including the application of state and federal laws, regulations and accreditation standards. He also represents and advises clients in civil rights matters, including defending against claims by students and employees in areas such as the ADA, Section 504 of the Rehabilitation Act, Title IX of the Higher Education Act, Title VII of the Civil Rights Act and analogous state laws. He advises clients on a range of business issues, such as mergers and acmuquisitions, licensing, trademark and copyright.
Mr. Cramp is active in the private postsecondary education community. He serves as general counsel to the American Association of Cosmetology Schools and the California Association of Private Postsecondary Schools. He regularly speaks on a wide range of issues pertaining to the sector.
Mr. Cramp served on active duty and in the reserves as a judge advocate in the United States Navy, where he was appointed to the rank of Lieutenant Commander. During his time in the services, he defended numerous matters before courts-martial convened in the United States Armed Forces. He also represented the interests of the United States in actions involving claims brought against and on behalf of the Navy.
Mr. Cramp currently serves as an advisor to and a member of the board of directors of the San Diego Association of Business Trial Lawyers. Admitted to practice in California and Illinois, Mr. Cramp is a graduate, with honors, of the Illinois Institute of Technology's Chicago-Kent College of Law and a graduate of the University of California, Riverside.
Areas of Practice
· Higher Education
· Business Litigation
Representative Matters
· Represented a large California college before the Commission on Dental Auxiliaries (COMDA) and the California Dental Board. Before the college engaged Duane Morris, COMDA recommended revocation of its approval of the college's Dental Assistant Program. Duane Morris successfully convinced the Dental Board to return the matter to COMDA with a recommendation to reinvestigate the matter. A favorable outcome was achieved culminating with COMDA approving the Dental Assistant Program.
· Defended a nationally-accredited college in an alleged sexual harassment and retaliation claim by a student. The student dismissed her claims during the arbitration hearing following an aggressive investigation and cross-examination.
· Defended a California private post-secondary school in an investigation by the Department of Fair Employment and Housing (DFEH). The investigated an instructor's claim of sexual harassment and retaliation. Counseled client through the process of terminating the manager who engaged in the alleged harassing conduct. Convinced the DFEH to make a finding of no actionable harassment or retaliation.
· Represented a Texas educational institution in an investigation conducted by the U.S. Department of Education, Office of Civil Rights. The OCR investigated a claim of disability discrimination and failure to comply with Section 504 of the Rehabilitation Act. Counseled client to ensure compliance with federal law. The OCR subsequently dismissed the claim.
· Represented a large Ohio cosmetology school in an investigation by the U.S. Department of Labor concerning the exempt status of its instructors. The Department's investigator initially concluded the instructors were entitled to overtime pay. The matter resulted in finding that the instructors were exempt from overtime.
· Defended a California technical college against a fraud and wage and hour claim by a disgruntled employee. Successfully defeated the employee's attempt to bring a class action and enforced an arbitration provision. The arbitrator rendered a decision for the school.
· Represented a national fast food franchise against a sexual harassment claim against a supervisor. The case resulted in a verdict for the employer.
·
Professional Activities
· General Counsel, American Association of Cosmetology Schools
· General Counsel, California Association of Private Postsecondary Schools
· Member, Board of Governors, Association of Business Trial Lawyers
· San Diego County Bar Association
· Naval Reserve Association
Experience
· Duane Morris LLP
- Partner, 2007-present
- Associate, 2003-2006
· Luce, Forward, Hamilton & Scripps LLP, San Diego, California
- Associate, 2001-2003
· United States Navy, Judge Advocate General's Corps, San Diego, California
- Trial Attorney, Judge Advocate, 1996-2000
Board Memberships
· Association of Business Trial Lawyers, San Diego Board of Governors
Civic and Charitable Activities
· Program Coordinator, Duane Morris San Diego Office Pro Bono Program
Selected Publications
· "Validity, Interpretation and Application of State Blacklisting Statutes," American Law Reports, West Publishing Group, 5th ed., 2001
Selected Speaking Engagements
· "Conducting Internal Investigations: Is Your Organization Prepared?" Duane Morris Employment & Immigration Seminar, San Diego, September 24, 2009
· "Workplace Law and Practice 2009," Duane Morris Employment & Immigration Seminar, San Diego, May 20, 2009
· "Disability and Reasonable Accommodation Issues," Duane Morris Employment & Immigration Breakfast Briefing, San Diego, April 17, 2009
· "The Employee Free Choice Act: Is Your Organization Prepared?" Duane Morris Employment & Immigration Breakfast Briefing, San Diego, March 17, 2009
· "Implementing the New FMLA Regulations in California," Duane Morris Workshop, San Diego, February 12, 2009
· "Top 10 Mistakes Employers Make During a Recession," Duane Morris Employment & Immigration Breakfast Briefing, San Diego, January 16, 2009
· "Internet Highway Robbery: Protect Your Domain, Trademarks, & Copyrights from Cyberthieves," 2008 CCA Annual Convention
· "Katie Bar The Door! Protecting Yourself From Privacy Problems & Internet Scoundrels," 2008 AACS Spring Management Conference
· "Workplace Violence Prevention & Arbitration Tune Up," 2008 Duane Morris Employment Law Updates
· "How To Beat Back The Regulatory Huns: A Personal Battle Plan For Surviving The Regulatory Dark Ages," 2008 CAPPS Legislative Conference
· "Your Do-It-Yourself, Life Changing, School Saving, Nan-Lawyer Enriching, School Director's Legal Boot Camp In A Box," 2008 CAPPS Director's Bootcamp
· "Lessons From The Legal & Regulatory Trenches," 2007 AACS Annual Convention
· "Wage & Hour Class Action Prevention Kit," 2007 PCEA Annual Meeting
· "Your Do-It-Yourself, Non-lawyer Enriching, Absolutely Free Personal Tort Reform Kit," 2007 AACS Spring Management Conference
· "Top 10 Reasons Why I'm Stuck In This ADA Lawsuit Instead Of Running The School," 2006 AACS Annual Convention
· "Wage & Hour Law: Learning To Pay What You Have To," 2006 AACS Spring Management Conference
· "Top 10 Management Practices To Use To Get Successfully Sued By Ungrateful Former Employees," 2005 AACS Annual Convention
· "Employee Handbooks and Recordkeeping," 2002 Council On Education In Management Seminar
· "When Johnny (or Jane) Comes Marching Home: Reemployment of Military Reservists," 2002 Employment Update
Member: Association of Business Trial Lawyers (Member, Board of Governors); San Diego County Bar Association.
Practice Areas: Business Litigation; Complex Litigation; Personnel Policies; Employment Law; Management Labor Law; Labor Relations; Trial Practice.Email: Edward M. Cramp
Karen Shichman Crawford (Partner) born New York, N.Y., December 27, 1955; admitted to bar, 1981, California; 1991, Pennsylvania; U.S. Supreme Court; U.S. Court of Appeals for the Third, Sixth, Eighth, Ninth and Tenth Circuits. Education: Boston University (B.A., cum laude, 1977); California Western School of Law (J.D., 1980) Head Notes and Comments Editor of the Law Review.
Karen Shichman Crawford is co-head of the Products Liability and Toxic Torts division of Duane Morris' Trial Practice Group. Ms. Crawford practices in the area of complex commercial litigation, and has extensive experience in matters involving contract disputes, theft of trade secrets, unfair competition, products liability and medical device litigation.
Ms. Crawford is skilled at coordinating large-scale litigation for clients in a broad range of matters. As national counsel for an international medical device company, she successfully coordinated all defense efforts for her client in over 400 cases filed in federal and state courts throughout the United States. More recently, Ms. Crawford assisted the Office of Federal Housing Enterprise Oversight ("OFHEO") in its special examination of Fannie Mae, which resulted in a the submission of a Report to Congress in May, 2006, the $400 million settlement by Fannie Mae, and in OFHEO's administrative prosecution of charges against former high-level Fannie Mae executives, in which millions of dollars in penalties were sought. Her coordination capabilities also proved to be a valuable skill when she spearheaded an internal investigation of stock option practices on behalf of a special committee appointed by the board of directors of a publicly traded company.
Ms. Crawford previously served as an Assistant U.S. Attorney in the Civil Division of the United States Attorney's Office for the Southern District of California, and as a Trial Attorney with the U.S. Department of Justice. As an Assistant U.S. Attorney, Ms. Crawford was among the top 1 percent of her peers to be selected to receive the Director's Award for Superior Performance.
Admitted to practice in California and Pennsylvania, Ms. Crawford is a graduate of the California Western School of Law, where she served as the Head Notes and Comments Editor of the Law Review, and a cum laude graduate of Boston University.
Areas of Practice
· Commercial Litigation
· National and Regional Litigation Coordination
· Unfair Competition
· Theft of Trade Secrets
· Products Liability
Representative Matters
· In re Latex Glove Litigation, MDL No. 1148: successfully represented international medical device company in all aspects of national defense coordination
· Smith v. United States, 557 F. Supp 42 (W.D. Ark. 1982)
· Wolfe v. United States, 604 F. Supp 726 (S.D. Ca. 1985)
· Sipes v. Unites States, 111 F.R.D. 59 (S.D. Ca. 1986)
· Consumers Produce Co., Inc. v. Volante Wholesale Produce, Inc., 16 F.3d 1374 (3rd Cir. 1994)
· Bateman v. General Medical Corp., 29 Pa. D.&C. 4th 1 (Ct. Common Pleas 1996)
Professional Activities
· American Inns of Court Foundation
- Board of Trustees, 1995-2000
-- Secretary, 1996-2000
· Inns of Court
- Louis Welsh Chapter (Master, Executive Board)
- Hon. J. Clifford Wallace Chapter (Master, Founding Member)
- Pittsburgh Chapter (Master, Counselor Emeritus)
- University of Pittsburgh School of Law Chapter (Honorary Member)
· Lawyer's Club of San Diego
- Co-Chair, Scholarship Fund for Justice
Honors and Awards
· Recipient of the 1998 A. Sherman Christensen Award, American Inns of Court Foundation, "in recognition of . . . inspiring leadership within the American Inns of Court movement and her committed efforts to improve the American Legal profession." The first woman to receive this distinguished Award, other recipients include the late Warren E. Burger, former Chief Justice of the U.S. Supreme Court, and the Honorable Howard T. Markey, former Chief Judge of the U.S. Court of Appeals for the Federal Circuit.
· Director's Award for Superior Performance as an Assistant U.S. Attorney, Department of Justice, 1988
Selected Publications
· "Electronic Discovery Act Becomes Law in California, Effective Immediately," Duane Morris Alert, July 2, 2009
· "Split Vote by CPSC Signals That Tracking Labels Must Be Placed on Children's Products by August 14, 2009," Duane Morris Alert, May 27, 2009
· Co-Author, "Illinois Supreme Court Overturns Lipke Exclusionary Rule in Nolan v. Weil-McLain," Duane Morris Alert, April 17, 2009
· "Not-So-Smooth Sailing Under CPSIA," Law360, March 27, 2009
· "Anticipated Policy Changes for Embryonic Stem Cell Research: Funding Under the Obama Administration," Duane Morris Alert, January 30, 2009
· Co-author, "New Final Rule Clarifies FDA's View On Preemption," Product Liability Law 360 and Health Law 360, August 29, 2008
· Co-author, "N.J. Packagers Are Link in Acutrim Liability Chain," Product Liability Law 360 and Health Law 360, July 16, 2008
· "Understanding Your Client," Inside the Minds: Leading Product Liability Lawyers, Aspatore Books, 2003
· "Utilizing National Coordination Counsel," Martindale-Hubbell Best Practices, 2004
Member: American Inns of Court Foundation (Board of Trustees, 1995-2000; Secretary, 1996-2000); Lawyers Club of San Diego (Co-Chair, Scholarship Fund for Justice).
Practice Areas: Trial Practice; Commercial Litigation; Theft of Trade Secrets; Unfair Competition; Products Liability.Email: Karen Shichman Crawford
Patricia P. Hollenbeck (Partner) born Madrid, Spain, March 23, 1959; admitted to bar, 1985, California; 1987, Colorado. Education: Stanford University (A.B., 1981); University of Colorado School of Law (J.D., 1984).
Patricia P. Hollenbeck is a trial lawyer who represents clients in a broad range of matters before state and federal courts, as well as arbitration forums. Ms. Hollenbeck's practice focuses primarily on business litigation in a number of sectors including franchise, financial services, product manufacturing and technology. Her experience, as well as her ability to effectively manage and staff cases, has led to her retention by companies across a broad variety of industries. Ms. Hollenbeck's trial practice includes the following subject matters: trademark, copyright, trade dress, unfair competition, class actions, products liability and UCC, technology licensing, education, construction, FDA compliance, lending and software. She has been involved in numerous trials in state and federal courts in front of both juries and judges. She prides herself on her strategic decision-making for litigation, and her clients routinely compliment her for her sensitive and detailed "front end" analysis of risk and expense as compared to expected outcome. Ms. Hollenbeck is admitted to practice in California and Colorado.
Ms. Hollenbeck served as a member of the Board of Governors for the Association of Business Trial Lawyers, San Diego from 2002-2004. In 2002 she was appointed to a three-year term on the State Bar of California Franchise Law Committee. Ms. Hollenbeck is the author of "Treatment of Spoliation of Evidence Issues and Excessive Verdict and Punitive Damage Issues in California," published in the American Law Firm Compendium, and "Legal Malpractice: The Ever Darkening Cloud of Lawyer Liability," which was published in the Association of Business Trial Lawyers Report.
A member of the State Bar of California and of the American, Colorado and San Diego County bar associations, Ms. Hollenbeck is a 1984 graduate of the University of Colorado School of Law and a graduate of Stanford University.
Representative Matters
· Prevailed in case representing a multi-national franchisor with over 4,000 stores who sued its joint venture partner in U.S. District Court for breach of contract and violation of fiduciary duties. This case involved extensive claims relating to computer software and operating systems. Very favorable settlement achieved after several years of protracted discovery, depositions and heated litigation.
· Represented large web hosting concern sued by Internet service provider for unfair competition and theft of trade secrets. Also represented the web hosting company in its responsive action for breach of contract. Case involved complex discovery issues, extensive interaction with a discovery referee and protracted law and motion as to numerous issues including production of source code. The case settled on terms the client found favorable.
· Represented a prominent national financial services company that services single-family residential mortgages in an action filed by a homeowner for wrongful foreclosure, breach of fiduciary duty, and fraud. The plaintiffs' complaint, and four amended complaints, were successfully challenged by demurrer and, ultimately, the case was dismissed in its entirety.
· Defended international paint and coatings manufacturer against product defect, breach of warranty and breach of contract allegations. Plaintiff was an international energy concern who sued for product failure at over 800 of its locations. Case settled on terms the defendant found favorable. Exposure to the client was minimized and significant responsibility was defrayed to third party coatings application specialist.
· Defended international appliance manufacturer against $25 million mold exposure claim brought by consumer. Resolved case for nominal sum through strong litigation strategy including coordinating testimony from over 40 experts.
· Obtained permanent injunction and monetary compensation for large franchisor against franchisee that violated provisions of franchise agreement. Franchisee incorrectly used trademark and service mark applications with competing franchise brand.
· Represented nationally known private post-secondary vocational institution in class action arbitration and litigation. Plaintiffs claimed a group of students were the victims of numerous misrepresentations as to the value of their program and that the educational instruction they received had less than fair value. The matter is still pending.
· Represented national restaurant chain in a shareholder derivative action and direct law suit. Case involved complex partnership governance and compensation issues resulting in alleged harm to the limited partners.
· Counsel to national computer software company sued by competitor and former employee for issues pertaining to compensation and termination. Settlement that the client found very favorable obtained following plaintiff's deposition.
· Represented San Diego biotech company in patent infringement action filed by multinational pharmaceutical company. Reached settlement the client found favorable and licensing agreement going forward.
Professional Activities
· American Bar Association
· State Bar of California
- Business Law Section
-- Franchise Law Committee
· Colorado Bar Association
· San Diego County Bar Association
· American Inns of Court
· Defense Research Institute
- Products Liability Subcommittee for Consumer Goods
· Association of Business Trial Lawyers, San Diego
- Board of Governors, 2002-2004
· San Diego Defense Lawyers
· Association of Southern California Defense Counsel
Experience
· Duane Morris LLP
- Partner, 2005-present
· Buchanan Ingersoll LLP
- Partner, 2001-2005
· Higgs, Fletcher & Mack LLP
- Partner, 1992-2001
- Associate, 1986-1992
Selected Publications
· Profiled in "Women Who Court Success," Franchise Times, June/July 2002
· "Treatment of Spoliation of Evidence Issues and Excessive Verdict and Punitive Damage Issues in California," American Law Firm Compendium
· "Legal Malpractice: The Ever Darkening Cloud of Lawyer Liability," Association of Business Trial Lawyers Report
Member: American Bar Association; State Bar of California (Member, Franchise Law Committee, Business Law Section); Colorado Bar Association; San Diego County Bar Association; American Inns of Court; Defense Research Institute (Member, Products Liability Subcommittee for Consumer Goods); Association of Business Trial Lawyers, San Diego (Member, Board of Governors, 2002-2004); San Diego Defense Lawyers; Association of Southern California Defense Counsel.
Practice Areas: Trial.Email: Patricia P. Hollenbeck
Jennifer A. Kearns (Partner) admitted to bar, 1986, California. Education: University of San Diego School of Law (J.D., 1986).
Jennifer A. Kearns practices in the area of employment law, both in the transactional and counseling arena, and in the litigation context. Ms. Kearns has many years of experience in counseling and advising employers on all aspects of employment law under federal and California state law. She conducts training for management and assists employers, from startups to large companies, in developing and implementing policies and best practices. She has a particular interest in working with companies in analyzing and resolving matters involving nonsolicitation and noncompetition agreements. While Ms. Kearns' practice is primarily management-side, she also represents and advises individual executives in negotiating executive employment agreements.
In addition to the counseling side of her practice, Ms. Kearns is an experienced litigator and trial attorney. She has tried to jury verdict several cases in which she defended employers against claims of wrongful termination, unlawful harassment, discrimination, and breach of contract. Ms. Kearns has experience in both bench and jury trials as well as appellate practice.
While Ms. Kearns' primary focus is employment law, she also has substantial experience as a product liability litigator. She has tried to jury verdict cases involving claims of wrongful death and injury allegedly caused by exposure to various products.
She is a member of the American Bar Association, Section of Employment Law and Litigation; the State Bar of California, Labor and Employment and Litigation Sections; and the San Diego County Bar Association.
Ms. Kearns is a 1986 graduate of the University of San Diego School of Law, where she was a member of the Moot Court National Team. She is a 1983 graduate of the University of California at San Diego, where she received departmental honors with distinction in Experimental Psychology. Since 2004, Ms. Kearns has served as a member of the board of directors of Mama's Kitchen, Inc., a nonprofit organization dedicated to daily meal delivery to clients with AIDS or other critical illnesses. Ms. Kearns served as President of the board for 2007.
Selected Publications
· Author, "California Supreme Court Confirms That Agreements Restricting Employees' Subsequent Employment Are Generally Unenforceable - Rejects "Narrow Restraint" Doctrine," Duane Morris Alert, August 19, 2008
· Co-author, "California Court Holds That Unlimited Paid Time Off Under a Sick Leave Plan Must Be Available for 'Kin Care'," Duane Morris Alert, June 6, 2008
Selected Speaking Engagements
· "Conducting Internal Investigations: Is Your Organization Prepared?" Duane Morris Employment & Immigration Seminar, San Diego, September 24, 2009
· "Workplace Law and Practice 2009," Duane Morris Employment & Immigration Seminar, San Diego, May 20, 2009
· "Disability and Reasonable Accommodation Issues," Duane Morris Employment & Immigration Breakfast Briefing, San Diego, April 17, 2009
· "The Employee Free Choice Act: Is Your Organization Prepared?" Duane Morris Employment & Immigration Breakfast Briefing, San Diego, March 17, 2009
· "Implementing the New FMLA Regulations in California," Duane Morris Workshop, San Diego, February 12, 2009
· Speaker, "Best Downsizing Strategies for 2009," San Diego, February 4, 2009
· "Top 10 Mistakes Employers Make During a Recession," Duane Morris Employment & Immigration Breakfast Briefing, San Diego, January 16, 2009
· Speaker, "FLSA," Duane Morris' FLSA, Family/Military Leave, and Immigration Workshop for Healthcare Industry Leaders, Chicago, September 16, 2008
· Speaker, "Immigration Law in the Workplace," advanced continuing education workshop sponsored by Sterling Education Services, San Diego, California, January 17, 2007
· Speaker, "Strategies to Solve Your Most Complex FMLA Challenges," advanced continuing education workshop, La Jolla, California, November 21, 2006
Member: American Bar Association (Employment Law and Litigation Sections); State Bar of California (Labor and Employment and Litigation Sections); San Diego County Bar Association.
Practice Areas: Employment Law; Labor Relations; Management Labor Law; Biotechnology; Immigration Law; Commercial Litigation.Email: Jennifer A. Kearns
Julie S. Mebane (Partner) born San Antonio, Texas, March 13, 1957; admitted to bar, 1981, California; U.S. District Court for the Southern District of California. Education: University of California, Los Angeles (B.A., 1978) Phi Beta Kappa; University of California, Los Angeles School of Law (J.D., 1981) Editor-In-Chief, UCLA-Alaska Law Review.
Julie S. Mebane practices in the area of real estate law, with particular emphasis upon commercial real estate purchases, sales, loans and secured lending, and commercial, industrial and office leases. Ms. Mebane has related experience in compliance with mapping and other development conditions, financing, title issues, redevelopment projects, hazardous materials, easement concerns, and property license agreements. She has represented a diverse base of clients, including large corporate developers, educational institutions, public utility and power companies, landlords and tenants, owners of smaller real estate portfolios, single-property investors and developers, and high-end residential buyers and sellers.
In one particularly challenging and long-term engagement, Ms. Mebane was responsible for a variety of legal services for a new master-planned community in northern San Diego county. The master plan included both residential and resort components: residential homes, church, park, and school sites, a major hotel, and a golf course. Ms. Mebane's involvement continued as these components were sold to merchant builders and other entities over a period of years, and also covered trademark issues which arose in connection with the marketing of the project. Ms. Mebane has also overseen the legal issues in the development, purchase, and sales of a number of downtown San Diego office buildings. She is currently working with a local university on a wide range of real estate issues and programs.
Annually from 2005 through 2009, Ms. Mebane has been named to the list of the San Diego Daily Transcript's Top Attorneys in the category of Real Estate/Construction. In 2007 and 2008, she was named as one of the "Top 25 Women Super Lawyers" in San Diego and was named from 2007 through 2009 as a Super Lawyer in the Real Estate law practice area. Her civic involvements have included acting as the volunteer general counsel for the UCLA Alumni Association and being a member of the board of directors for the San Diego chapter of the National Association of Women Business Owners. Ms. Mebane was selected for membership in The Counselors of Real Estate (CRE) in 2009, and she is a sustaining member of and actively involved in the Lawyers Club of San Diego.
A member of the American and San Diego County bar associations and the State Bar Association of California, Ms. Mebane is a 1981 graduate of the University of California, Los Angeles School of Law, where she was Editor-In-Chief of the UCLA-Alaska Law Review, and a graduate of the University of California, Los Angeles, where she was a member of Phi Beta Kappa.
Representative Matters
· University of San Diego: Responsible for real estate transactions and advice for respected local university in San Diego; handled several real estate acquisitions of new property for university, as well as providing other ongoing real estate advice and representation to university's representatives in diverse matters such as cell site leasing, rental agreements and facilities leasing contracts, sales of donated property and title insurance matters.
· Represented foreclosing lender in the bulk sale of large Orange County "fractured" condominium complex, involving sale of multifamily project consisting of both single family condominiums and units converted to apartments.
· Radian Asset Assurance: Represented bond insurer in connection with real estate matters related to several bond transactions, including $28,875,000.00 bond financing by the City of Los Angeles Housing Authority; $28,700,000.00 bond financing by Casa de las Campanas senior housing facility in San Diego County; and $27,000,000 bond financing by the University of Southern Nevada.
· National Bank of Arizona: Oversaw real estate aspects involved in sale of eleven California bank branch locations of Stockmen's Bank in California's Central Valley, including fee transfers and leasehold assignments.
· National Power/Big Valley Power: Primarily responsible for analysis and resolution of complex title issues related to refinancing and obtaining title insurance coverage of a biomass power facility and transmission line spanning two counties in Northern California.
· ArcLight Capital Partners: Handled real estate matters associated with complex $135,000,000 debt refinancing by client engaged in natural gas production and distribution in Central Valley of California; matter involved particularly complex title insurance and easement issues.
· Alfred Karcher GMBH & Co.: Represented large German corporation in connection with the sale of its manufacturing facility in Los Angeles County.
· Multiple-year representation of developers of two large-scale Northern San Diego County residential and resort communities known as Aviara and Kelly Ranch, including numerous purchase and sale transactions with related title and escrow issues, map compliance issues and documents, resort-related documents, California Coastal Commission documents, real estate brokerage matters and name protection issues.
· Along with a Duane Morris multi-office team, represented the agent bank in a syndicated acquisition financing of in excess of $350 million involving over 80 borrowers, and over 70 parcels of real estate in over 10 states.
· Represented diverse property owners, including a financial institution, a winery, a university, and a nonprofit corporation, in connection with negotiation and documentation of cell site leases and licenses of their facilities.
· Represented large medical group in negotiation and documentation of full-floor office lease.
· Served as General Counsel for four years to a large public university's alumni association, addressing varied transactional and other legal issues of a non-profit university-affiliated organization.
Professional Activities
· The Counselors of Real Estate (CRE)
· Lawyers Club of San Diego
· American Bar Association
· State Bar Association of California
· San Diego County Bar Association
· National Association of Women Business Owners
- Member, San Diego chapter, 1994-1997
- Board of Directors, San Diego chapter, 1996-1997
Admissions
· California
· U.S. District Court for the Southern District of California
Education
· University of California, Los Angeles School of Law, J.D., 1981 Editor-In-Chief, UCLA-Alaska Law Review
· University of California, Los Angeles, B.A., 1978 Phi Beta Kappa
Experience
· Duane Morris LLP
- Partner, 2004-present
· Stipanov & Mebane
- Partner, 1994-2004
· Scalone Stipanov Yaffa & Mebane
- Partner, 1990-1994
· Sheppard, Mullin, Richter & Hampton
- Associate, 1986-1990
· Gray, Cary, Ames & Frye
- Associate, 1981-1985
Board Memberships
· Francis Parker School
- Board of Trustees, June 2002-present; Secretary and Member of Executive Committee, 2006-present
- Chair, Francis Parker Annual Fund
- Chair, Francis Parker Audit Committee
· Episcopal Diocese of San Diego
- 1992-1995
- First Vice President, 1994-1995
· UCLA Alumni Association
- General Counsel and Member of the Board of Directors and the Executive Committee, 1992-1996
Civic and Charitable Activities
· The UCLA Fund
- Vice Chair, June 2000-June 2001
- Co-Chair, San Diego Regional Steering Committee, 1997-1999
· Co-Leader, Girl Scout Troop 3320, 2003-2005
Honors and Awards
· Listed in Super Lawyers: Corporate Counsel Edition, 2009
· Named in the San Diego Daily Transcript's annual Top Attorneys listings, 2005-2009, in the category of Real Estate/Construction
· Recognized as a Super Lawyer in Southern California Super Lawyers Directory (San Diego, 2007, 2008 and 2009) in category of Real Estate; also recognized as one of the "Top 25 Women Super Lawyers in San Diego," 2007 and 2008
· Recognized in Marquis Who's Who in America, Who's Who in the World, Who's Who of American Women, and Who's Who in American Law
Selected Publications
· Quoted in "Transaction Lawyers Form Group to Get Through Tough Times" by Pat Broderick, The Daily Journal, June 1, 2009
· Quoted in "Attorneys busy with distressed real estate work" by Doug Sherwin, San Diego Daily Transcript, April 3, 2009
· Quoted in "Co-Tenancy Clauses Give Tenants Upper Hand in Downturn," California Real Estate Journal, March 9, 2009
· Featured in "Structured Debt Complicates Dealing with Troubled Loans," California Real Estate Journal, April 7, 2008
· Interviewed for a segment on NBC San Diego television on real estate lawsuit, April 2, 2008
Selected Speaking Engagements
· Panelist, "Work-Life Balance," Lawyers Club of San Diego Student Committee, April 2, 2009
· Panelist, "Fundamentals of Real Estate Closings in California" Course, Lorman Education Services, November 2006
· Panelist, "Major Realty Property Acquisitions" Course, California Continuing Education of the Bar, May 2002 and May 2001
Member: The Counselors of Real Estate (CRE); Lawyers Club of San Diego; American Bar Association; State Bar of California; San Diego County Bar Association National Association of Women Business Owners (Member, San Diego chapter, 1994-1997; Board of Directors, San Diego chapter, 1996-1997).
(Also at San Francisco Office). Practice Areas: Real Estate.Email: Julie S. Mebane
Daniel C. Minteer (Partner) born Pasadena, California, September 20, 1949; admitted to bar, 1974, California; U.S. District Court for the District of Colorado; U.S. Court of Appeals for the Federal Circuit. Education: San Diego State University (B.A., high honors, 1971); University of California, Los Angeles School of Law (J.D., 1974) Associate Editor, U.C.L.A. Law Review; Order of the Coif.
Daniel C. Minteer is a trial lawyer who represents clients in a broad range of matters before state and federal courts and numerous arbitration services throughout the country. A substantial part of his practice involves intellectual property litigation. This emphasis has also led to a substantial practice dealing with restructuring technology companies. His trial practice includes the following subject matters: patent, trademark, copyright, trade dress, antitrust, unfair competition, class actions, securities, technology licensing, education, real estate, construction, corporate governance, FDA compliance, banking, software and medical testing. He has been involved in numerous trials in state and federal courts in front of both juries and judges. He also devotes a substantial amount of time helping clients devise strategies to avoid litigation in the first place.
He has served on the Board of Governors of the San Diego Chapter of the Association of Business Trial Lawyers. He has served as an arbitrator for the American Arbitration Association. Mr. Minteer has served as a member of the American Bar Association and San Diego County Bar Association. He is a current member of the San Diego Intellectual Property Lawyers Association and San Diego Connect.
Mr. Minteer has served a three-year term on the State Bar Judicial Nominees Commission, which evaluates candidates for judicial appointment throughout the State of California. This Commission evaluates candidates for judicial appointment in California pursuant to a statute that requires the governor to obtain this evaluation before appointing a candidate to the bench. This includes all state trial and appellate judges. He is a former delegate to the State Bar Conference of Delegates. He is past President of the San Diego Junior Chamber of Commerce.
He has lectured on a wide range of legal topics, including claim construction, developments in patent litigation, basic patent litigation strategy, general litigation and restructuring strategy.
Mr. Minteer also has extensive business experience. He served as a vice president of Fox Engineering, a manufacturing company, for six years. He served as the managing partner of the San Diego office of a national law firm for 10 years. He has also served on that firm's Executive Committee, which was responsible for the overall management of the firm. He presently is responsible for the San Diego office's intellectual property group. This background enables Mr. Minteer to understand the client's business objectives as well as the client's legal concerns.
Mr. Minteer obtained his J.D. degree from the University of California at Los Angeles in 1974. He served as an Associate Editor of the U.C.L.A. Law Review and graduated Order of the Coif (an academic honor society). He is a member of the State Bar of California and the American Bar Association.
Representative Matters
Intellectual Property
· Represented an educational institution in a trademark infringement case. The case resulted in a permanent injunction being issued against the defendant and the defendant paid our client's fees and costs.
· Represented a major automobile retailer in a trademark infringement case we filed on its behalf. The defendant ceased using our client's trademark to resolve the matter.
· Represented an educational institution in connection with the misappropriation of the school's trademark. We assisted the client in obtaining a registered trademark and pursuing those who misappropriated our client's trademark.
· Represented a healthcare company in an action to protect its trademark from an infringing name. The defendant paid a substantial sum and changed its name to resolve the matter.
· Represented a large telecommunications company in defending patent infringement and trade dress claims involving 11 utility patents dealing primarily with the electrical circuitry of the accused phone and design patents covering the design of the accused mobile radio telephone. The case included TRO and Preliminary Injunction hearings, a motion to consolidate, and 11 Markman proceedings. The plaintiff submitted a satisfactory settlement proposal during the summary judgment phase, which was accepted.
· Represented a plaintiff software designer in a breach of license arbitration under the rules of the American Arbitration Association. The claims asserted also included copyright infringement. The matter ended in an arbitration award in favor of our client.
· Represented an automotive supplier in the defense of a patent infringement claim based on a patent allegedly covering a particular process for injection molding of plastic. This matter involved complex indemnity and co-defendant issues in addition to the more traditional infringement and invalidity issues.
· Represented an equipment manufacturer in connection with a series of patent infringement claims. Each claim was resolved without litigation and without payment of any license fees.
· Represented a large European chemical company in connection with a trial de novo following a favorable interference ruling from the Patent & Trademark Office. The case involved a priority of invention and reduction to practice issues.
· Worked with several companies in connection with a patent infringement claim against companies practicing a particular standard. These cases presented numerous issues beyond issues of infringement and validity, including the alleged duty of parties participating in standards committees to disclose their respective IP positions.
· Represented a computer component manufacturer in federal court and before the International Trade Commission regarding patent infringement claims. This case related to the technology involved in how computers upscale data sent for one screen size to a computer with a larger screen. The matter involved proceedings before the ITC where the action was resolved
· Represented numerous companies in the recordation of patent, trademark, and copyright assignments, normally in connection with securitized financings.
General Litigation
· Represented the owner of a business in defending a claim that the plaintiff was a 50% owner. The case went to trial and judgment was entered in favor of our client, the owner.
· Represented an insurer in defending a property damage claim under the insurance policy. The case went to trial and judgment was entered in favor of our client, the insurer.
· Represented the official sanctioning organizations for professional racquetball in an antitrust action involving its policy for designating its "official ball." The case was vigorously contested, even after the plaintiff filed a bankruptcy petition. We were successful in getting our client dismissed without having to pay anything in settlement.
· Represented the lender in a lender liability lawsuit arising from a bankruptcy precipitated by the lender's refusal to renew the company's secured lines of credit. We won the case on a motion for summary judgment. The ruling on appeal established that a plaintiff could not recover non-economic losses in California lender liability cases. We handled the underlying bankruptcy by proposing and implementing a plan of reorganization.
· Represented the defendant in a RICO claim asserted against the defendant and developer of a large multi-use real estate development in San Diego. The case presented unusual issues regarding the standing of the plaintiff and the scope of the RICO statute. We prevailed in getting our client dismissed without any contribution from our client.
· Represented a defendant in connection with multiple fraud claims arising from a series of limited partnership investments in properties acquired from a bank REO department. Our client was served shortly before one of the cases was scheduled for trial. This case involved the alleged responsibility of a lender to the investors of its alleged joint venture partner. The plaintiffs also alleged the lender made direct representations to individual investors. The legal issues revolved around the applicability of the D'Oeuch Duhme doctrine and the scope of civil RICO. We successfully moved to continue the trial. We were able to jump into the case and get our client dismissed from the case without any contribution by our client.
· Represented a group of Norwegian companies that were defrauded in connection with a complex loan scheme whereby certain Hong Kong and Canadian companies offered to lend the Norwegian companies funds at a favorable rate provided the funds were secured by a letter of credit. The Hong Kong company called the letters of credit and the Norwegian companies lost in excess of $15,000,000. After settlement negotiations failed we brought an action in California for fraud and constructive trust. The case involved bankruptcy proceedings in Hong Kong, jurisdictional issues, choice of law issues and complex factual issues regarding the letters of credit. We achieved a recovery satisfactory to our client.
· Represented the owner of a large professional sports facility in connection with a dispute over a joint venture/purchase agreement that our client wanted to close. We were successful in getting the defendants to complete the purchase of the facility from our client.
· Represented a stockbroker in a series of lawsuits and arbitrations brought by a number of his former clients against him and a major brokerage firm. Plaintiffs alleged a particular leveraged bond fund investment was not suitable for these plaintiffs and that the risks were not adequately explained. We tried a number of NASD arbitrations before we were able to convince the plaintiffs to settle the remaining matters on terms acceptable to the defendants.
· Represented a number of defendants in a class action brought by a well-known class action lawyer who asserted that the packaging of wine contained lead and it lacked the required warning label. We prevailed on a demurrer to the complaint without leave to amend.
· Represented the largest secured creditor in connection with the foreclosure and subsequent bankruptcy of a multi-building office/restaurant complex. The loan amount exceeded $140,000,000. The developer resisted the appointment of a receiver and when the receiver became inevitable, the developer filed under Chapter 11 and attempted a cram down with very low values. We promptly sought and received relief from the stay to proceed with our foreclosure action, and the property was sold at a bankruptcy sale. At the time, that sale was the second largest real estate transaction in San Diego County history. This matter raised a whole host of state law collection, bankruptcy, and real estate transaction issues, particularly since the real estate collateral consisted of most, but not all, of the mixed-use development.
· Represented the largest unsecured creditor and later the creditor's committee in Chapter 11 proceeding. This case established a number of precedents, including the availability of jury trials in adversary proceedings, procedures for interim distribution to creditors and procedures for resolving potential toxic waste claims through principles of equitable subordination.
· Represented the lender with over $50,000,000 in loans to a real estate syndicator and a number of its partnerships. Issues dealt with during this representation included loan workouts of individual partnerships all over the United States with many debt and equity tiers, analysis of potential fraud claims, dealing with large investor groups, protecting "holder in due course" status and dealing with a multi-committee bankruptcy pending in New York.
· Represented the secured lender in connection with the foreclosure of preferred ship mortgages on three modern purse seining tuna boats. The sums involved exceeded $36,000,000. We filed collection actions in the District Court of Guam. The borrower filed counter-claims against the lender and also filed bankruptcy petitions on the island of Saipan. Two of the boats were seized by the U.S. Marshal in Guam. The third was eventually found and seized by New Zealand authorities. The debtor attempted to convince the bankruptcy court that it should be permitted to fish the boats during the bankruptcy proceedings. We convinced the court that the boats should be sold and obtained relief from the automatic stay for that purpose. Thereafter, we assisted in the foreclosure process and liquidated the lender's collateral.
· Represented a lender involved in a tax shelter program who secured a $7,000,000 loan with four purse seine tuna boats that were still in the shipyard waiting commissioning. The total construction cost for the four boats exceeded $50,000,000. We caused the arrest of the boats in San Diego, Canada, and American Samoa. The Mexican government claimed it had advanced over $50,000,000 towards the construction of the boats and claimed a senior lien under Mexican law. The claim of the Mexican government went to trial in San Diego and the court ruled in our client's favor. We also won relief from the automatic stay so we could proceed with our foreclosure actions.
Professional Activities
· American Bar Association
· San Diego County Bar Association
· American Arbitration Association
· San Diego Chapter of the Association of Trial Lawyers
- Member, Board of Governors
· State Bar of California
- Conference of Delegates
-- Former Delegate
- Judicial Nominees Commission
-- Former Member
- Financial Disputes Committee
-- Former Chair
Experience
· Duane Morris LLP
- Partner, 2005-present
· Pillsbury Winthrop Shaw Pittman LLP
- Partner, 1974-2005
Civic and Charitable Activities
· San Diego Junior Chamber of Commerce
- Former President
Selected Speaking Engagements
· Moderator, "Advanced Copyright/Trademark," American Intellectual Property Lawyers Association, June 27, 2003
· Co-Chair, "One Day Advanced Workshop on Commercializing Intellectual Property" for Law Seminars International, June 24, 2003
· Speaker, "Patent Litigation - What You Need to Know," University of California San Diego, Fall 2003
· Speaker, "Commercial Lending in California," May 14, 2002
· Speaker, "Patent Litigation," University of California San Diego, Fall 2002
Member: American Bar Association; San Diego County Bar Association; American Arbitration Association; San Diego Chapter of the Association of Trial Lawyers (Member, Board of Governors); State Bar of California (Former Delegate, Conference of Delegates; Former Member, Judicial Nominees Commission; Former Chair, Financial Disputes Committee).
Practice Areas: Intellectual Property; Intellectual Property Litigation; Patents; Trademarks; Copyrights; Trade Secrets; Unfair Competition; Manufacturing; Financial Services.Email: Daniel C. Minteer
Vicki G. Norton, Ph.D. (Partner) born Inglewood, California, 1960; admitted to bar, 1994, California; U.S. Patent and Trademark Office; U.S. District Court for the Central, Northern and Southern Districts of California; U.S. Court of Appeals for the Federal Circuit; U.S. Court of Appeals for the Ninth Circuit; U.S. Supreme Court. Education: University of California, Davis (B.S., summa cum laude, 1981); University of California, Davis (Ph.D., 1990); University of California, Los Angeles School of Law (J.D., 1994) Managing Editor, UCLA Law Review; Order of the Coif.
Vicki G. Norton, Ph.D., practices in the area of intellectual property law with a focus on biotechnology and chemical patent counseling and litigation. She also advises clients on worldwide patent strategy, including identifying patent coverage issues, auditing technology portfolios to assist clients in transactions and venture opportunities and formulating strategic objectives for prosecution. She has handled patent matters in a variety of industries, including biotechnology, biopharmaceuticals and small molecule pharmaceuticals, relating to engineering transgenic plants and cells, biochemistry, methods to screen and make gas-absorbing materials, stem cell technologies, molecular biology, nanotechnology, immunology, combinatorial chemistry, probe amplification assays, diagnostics, nutraceuticals, microbiology, and therapeutic drugs and devices for physical therapy. Dr. Norton has also advised clients on all facets of litigation involving technologies including biopharmaceuticals, transgenic organisms, small molecules and nanotechnology.
Prior to attending law school, Dr. Norton served as a research and teaching assistant at the University of California, Davis, where she conducted research on histone acetylation and chromatin structure for her doctoral thesis.
Dr. Norton is a 1994 graduate of the University of California, Los Angeles School of Law, where she was managing editor of the UCLA Law Review and elected to the Order of the Coif, and a graduate of the University of California, Davis (Ph.D., Biochemistry and Biophysics; B.S., summa cum laude, Biochemistry).
Areas of Practice
· Intellectual Property Law and Litigation
Professional Activities
· San Diego Intellectual Property Law Association
- Member of Amicus Committee of the SDIPLA
- Board Member, 2000-2006
- President, 2004-2005
· Intellectual Property Owners BIO
- Member
· BIO IP Counsel Committee, Member
· California State Bar
- Committee for the Administration of Justice, 2006-present
Experience
· Duane Morris LLP
- Partner, 2008-present
· Wilson Sonsini Goodrich & Rosati PC
- Partner, 2004-2008
· Pillsbury Winthrop LLP
- Partner, 2003-2004
· Brobeck, Phleger & Harrison LLP
- Partner, 2002-2003
- Associate, 2000-2001
· Lyon & Lyon
- Associate, 1994-2000
Honors and Awards
· Voted by peers as one of San Diego's Top IP Attorneys, 2005
Selected Publications
· Co-author, "Smart Pill: So, Post-MMA, Who Gets First Slice?" IP Law & Business, August/September 2009
· Quoted in "Teaching Baby Biotechs to Play in the Big Leagues," Los Angeles Daily Journal, July 20, 2009
· Author, "Managing Multi-Party Patent Cases: Avoiding Too Many Cooks in the Courtroom, 19(1) IPL Newsletter (Fall 2007)
· Co-author, "Effect of the Proposed PTO Rule Changes on Biotechnology Patents", cited in IP360 article, "New Study Supports Biotech Fears Over USPTO Changes," IP360 (July 13, 2006)
· Author, "IP Issues for Microarrays," Biochips As Pathways to Drug Discovery, Andrew Carmen and Gary Hardiman, eds., 2006
· Author, "What Nanotechnology Means for IP," Managing Intellectual Property, June 1, 2003
· Co-author, "Protecting Intellectual Property Overseas," San Diego Daily Transcript, August 1, 2002
· Author, "Unnatural Selection: Preimplantation Genetic Screening and Proposed Regulation," 41 UCLA L. Rev. 1581-1650 (1994), reprinted in Reproductive Technologies, Carol Wekesser, Ed., 1996
· Co-author, "Histone Acetylation Reduces Nucleosome Core Particle Linking Number," 57 Cell 449-459 (1989)
· Co-author, "Nucleosome Linking Number Change Controlled By Acetylation of Histone H3 and H4," 265 J. Biol. Chem. 19848-19852 (1990)
Selected Speaking Engagements
· Panelist, "Intellectual Property Management & Technology Licensing," NanoEquity Asia 2008, Singapore, May 28-29, 2008
· Panelist, "Nanotech IP and Licensing," NanoBioNexus, April 2007
· Chaired Panel Discussion, "From Bench to Bench" Chemistry and the Law Session, ACS Meeting, San Francisco, September 2006
· Chaired Panel Discussion, "The Convergence of IT and Biotechnology," FWE Meeting, September 2002
· Chaired Panel Discussion, "The Status of Nanotechnology," Nanotech Venture Fair, September 2002
· Panelist, "Patented Medicines: Bringing Life-Saving Drugs to the Developing World," April 19, 2002
Member: San Diego Intellectual Property Law Association (Member, Amicus Committee; Board Member, 2000-2006; President, 2004-2005); Intellectual Property Owners BIO; BIO IP Counsel Committee; State Bar of California (Committee for the Administration of Justice, 2006-present).
Practice Areas: Intellectual Property Litigation; Patents; Pharmaceutical Intellectual Property; Life Sciences.Email: Vicki G. Norton, Ph.D.
Stuart L. Sorenson (Partner) born Des Moines, Iowa, September 2, 1962; admitted to bar, 1997, Minnesota; 1999, California. Education: University of Minnesota (B.A., 1993); University of Minnesota Law School (J.D., cum laude, 1996).
Stuart L. Sorenson practices in the area of corporate law with an emphasis in corporate finance, mergers and acquisitions, public and private securities offerings, joint ventures and general corporate matters. In the area of mergers and acquisition, Mr. Sorenson has participated in over $10 billion in transactions in a variety of industries, including telecommunications, medical devices, post-secondary education, publishing, biotech and consumer products. In addition to his M&A and finance experience, Mr. Sorenson regularly advises clients in transactions involving manufacturing and vendor agreements, distribution agreements, corporate governance, strategic alliances, licensing and joint ventures.
Mr. Sorenson is chair of the board of advisors for the family and closely held business group at the Entrepreneurial Management Center at San Diego State University and a frequent lecturer on corporate governance and shareholder/director relations. Mr. Sorenson is a member of the California, Minnesota and San Diego County bar associations. Admitted in Minnesota and California, he is a cum laude graduate of the University of Minnesota Law School.
Representative Matters
· Represented San Diego-based medical device company in $4,000,000 bridge financing.
· Represented buyer college in the acquisition of three schools from Glendale Career College.
· Represented buyer in acquisition of Milan Institute of Cosmetology- Everett, Washington campus.
· Represented seller in the sale of National Loan Servicing Center and Educational Financial Services to an equity fund purchaser.
· Represented buyer in the $12,000,000 acquisitions of Contractors Wire & Cable, LLC.
· Represented seller in the $5,700,000 sale of its automobile towing business.
· Represented San Diego based company in the buy out of 35% shareholder.
· Represented SynergEyes, Inc. in the Series A, B, and C rounds totaling $25,000,000 in venture funding.
· Represented Surebeam, Inc. in $25,000,000 PIPE transaction.
· Represented seller in the sales of luggage business to VF Corporation.
· Represented buyer in its $10,000,000 acquisition of UVP, Inc.
· Represented buyers in its $10,000,000 acquisition of a Santa Barbara based surfboard company.
· Represented San Diego based consumer product company in the $132,000,000 sale of its business to the Wella Corporation.
· Represented buyer in $130,000,0000 acquisition of an X-ray imaging products distribution company.
· Represented sellers in $93,000,000 sale of bio-tech company to Serologicals, Inc.
Experience
· Duane Morris LLP
- Partner, 2004-present
· Luce, Forward, Hamilton & Scripps LLP
- Partner, 2003-2004
- Senior Associate, 2000-2003
· Fredrikson & Byron P.A.
- Associate, 1996-2000
Practice Areas: Technology Law; Biotechnology; Corporate Law; Banking Law; Finance; Securities; Franchise Law; Mergers and Acquisitions.Email: Stuart L. Sorenson
Lisa Spiegel (Partner) born New York, New York, February 6, 1958; admitted to bar, 1986, New York; 1988, California; U.S. District Court, Northern District of California; U.S. Court of Appeals, Ninth Circuit. Education: Benjamin N. Cardozo School of Law, Yeshiva University (J.D., 1985).
Lisa Spiegel practices in the areas of immigration and nationality law, concentrating on issues related to the employment of foreign nationals. She has been designated as a certified specialist in immigration and nationality law by the State Bar of California and is a past chair of the Northern California Chapter of the American Immigration Lawyers Association (AILA). Ms. Spiegel has served on numerous committees for AILA, including the Association's National Committee on Business and the AILA-USCIS Administrative Appeals Office Liaison Committee, as liaison to the New York and San Francisco District Offices of the Immigration & Naturalization Service and as national liaison with the California Service Center for many years. In addition, Ms. Spiegel is president of the Board of the Immigrant Legal Resource Center. She is admitted to practice in New York and California.
Ms. Spiegel served as editor of a chapter of The Immigration and Nationality Law Treatise, published by Matthew Bender, and authored a chapter of Advising California Employers, a CEB publication. She has published articles on immigration law issues and lectures frequently for various bar associations and conferences.
Ms. Spiegel is a 1985 graduate of the Benjamin N. Cardozo School of Law of Yeshiva University and a graduate of the State University of New York at Albany.
Areas of Practice
· Immigration and Nationality Law
· Visas
Representative Matters
· Won appeal using novel argument for multinational manager/executive immigrant visa petition. Demonstrating the actual "life" of a Company involved in the early stages of a pharmaceutical/drug product line, notably how the company must be operational for at least one or more years prior to production and the signing of any contract for the new product. U.S. Citizenship and Immigration Services originally denied the petition because they presumed the company had not been doing business for the one year required for an immigrant visa based solely on the date a $12 million contract with the U.S. government had been signed to assist in the fight against chemical warfare and not the date on which the company had begun its operations.
Professional Activities
· Certified Specialist in Immigration and Nationality Law, State Bar of California
· American Immigration Lawyers Association (AILA)
- Co-chair of the Program Committee for the 17th Annual California Chapter Conference
- Administrative Appeals Office (AAO) Liaison Committee, 2003 - 2004
- Past Chair, AILA for Northern California
- Past Chair, National Committee on Business
· Immigration & Naturalization Service
- Past National Liaison, California Service Center
- Past Liaison, San Francisco District Office
· State Bar of California
· New York State Bar Association
Experience
· Sills Cummis Radin Tischman Epstein & Gross
- Partner, 2003 - 2004
· Spiegel & Associates
- Partner/Owner, 1993 - 2003
· Berry & Appleman
- Associate Attorney, 1989 - 1993
· Mailman & Ruthizer/Mailman & Schultz
- Law Student/Associate, 1984 - 1988
Board Memberships
· President, Board of Directors, Immigrant Legal Resource Center
Civic and Charitable Activities
· Business & Professional Leadership Council
· Jewish Community Federation
· Volunteer, San Francisco Unified School District
Selected Publications
· Co-author, "Availability of EB-3 Visas and Other Developments in Immigration Law," Duane Morris Alert, October 20, 2009
· Featured in "Moving Beyond the Billable Hour," Counsel to Counsel, May 2008
· Chapter Editor, The Immigration and Nationality Law Treatise, published by Matthew Bender
· Author of Chapter, Advising California Employers, CEB Publication
Selected Speaking Engagements
· Co-presenter, "Ethics and Immigration Laws," AILA California Chapters Conference, Marina del Rey, California, November 14, 2009
· Keynote Speaker, "Keeping the Golden Gate Open," 21st Annual American Immigration Lawyer's Association California Chapters Conference, San Francisco, California, November 13, 2008
· Speaker, "Immigration," Duane Morris' FLSA, Family/Military Leave, and Immigration Workshop for Healthcare Industry Leaders, Chicago, September 16, 2008
· Speaker, 17th Annual American Immigration Lawyer's Association California Chapter's Conference, November 2004
· Speaker, 37th Annual Immigration & Naturalization Institute Conference, October 2004
Member: American Immigration Lawyers Association (Co-Chair, Program Committee for the 17th Annual California Chapter Conference; Administrative Appeals Office Liaison Committee, 2003-2004; Past Chair, AILA for Northern California; Past Chair, National Committee on Business); State Bar of California; New York State Bar Association.
(Also at San Francisco Office). Languages: Spanish and Hebrew. Practice Areas: Immigration and Naturalization Law; Visas.Email: Lisa Spiegel
James Y. C. Sze (Partner) admitted to bar, 1999, California; U.S. Patent and Trademark Office; U.S. Court of Appeals for the Federal Circuit; U.S. District Court for the Southern, Northern, Central and Eastern Districts of California. Education: University of California, Berkeley (B.S., Electrical Engineering/Computer Science, 1991); University of California, Berkeley (B.S., Materials Science Engineering, 1991); University of California, San Diego (M.S., Electrical and Computer Engineering, 1994); University of San Diego School of Law (J.D., 1999).
James Y.C. Sze practices intellectual property law, applying it as a tool to promote business growth. Focusing on clients in high-tech industries, Mr. Sze tailors intellectual property strategies based on corporate needs. His practice includes patent portfolio management, identifying technology for IP protection, auditing in-house intellectual property management practices and patent prosecution/litigation, particularly in electrical and computer-related patents.
Mr. Sze has enforced patents he has written, providing perspectives in patent drafting and enforcement. This experience also enhances his rendering of opinions of counsel regarding patent validity, infringement, and enforceability, as well as freedom to operate within a particular technological space.
Admitted to practice in California and before the U.S. Patent and Trademark Office, Mr. Sze's litigation experience includes both U.S. District Court actions and a trial before the U.S. International Trade Commission. In 2008, Mr. Sze won The San Diego Daily Transcript Top IP attorney award (finalist); in both 2005 and 2007, he was named a semifinalist.
Prior to entering law school, Mr. Sze was an engineer with Qualcomm Inc., where he designed satellite communications software, messaging systems and other wireless applications.
Mr. Sze is a graduate of the University of San Diego School of Law, the University of California, San Diego (M.S. Electrical and Computer Engineering) and the University of California at Berkeley (B.S., Electrical Engineering/Computer Science and B.S., Materials Science Engineering).
Fluent in Mandarin Chinese, Mr. Sze also advises his clients on protecting their intellectual property in the Far East.
Experience
· Duane Morris LLP
- Partner, 2008-present
- Counsel, 2005-2007
· Pillsbury Winthrop, LLP
- Senior Associate/Patent Agent, 1997-2005
· Qualcomm Incorporated
- Engineer, 1992-1997
· University of California, National Science Foundation's Integrated Circuits and Systems (ICAS) Research Center, San Diego
- Graduate Research Assistant, 1992-1994
Board Memberships
· Berkeley Engineering Alumni Society
- Board of Directors
Honors and Awards
· Semi-Finalist for San Diego Daily Transcript's Top Attorney in IP Attorney category, 2005
(Also at San Francisco Office). Languages: Mandarin Chinese. Practice Areas: Intellectual Property; Intellectual Property Litigation; Patents; Information Technologies and Telecommunications.Email: James Y. C. Sze
Julie A. Vogelzang (Partner) born Fairfax, Virginia, February 28, 1969; admitted to bar, 1994, California; U.S. Court of Appeals for the Ninth Circuit; U.S. District Court for the Central, Eastern, Northern and Southern Districts of California. Education: University of Virginia (B.A., International Politics and Literature, 1991); University of San Diego School of Law (J.D., cum laude, 1994) Editor of Law Review; Order of the Coif.
Julie A. Vogelzang practices in the area of labor and employment law with a focus on California wage and hour issues, wrongful termination, discrimination, harassment, retaliation and unfair competition. Ms. Vogelzang has extensive state and federal court litigation experience with both single-plaintiff as well as class action cases, particularly wage and hour class actions. Her practice also includes conducting investigations into employee complaints and counseling employers on all types of employment law issues, including preventative counseling, personnel policy issues, performance and termination counseling, lay-offs and discrimination issues.
Prior to entering private practice, Ms. Vogelzang served as law clerk to the Honorable William B. Enright of the U.S. District Court for the Southern District of California.
Ms. Vogelzang is a 1994 cum laude graduate of the University of San Diego School of Law, where she was editor of the Law Review and elected to the Order of the Coif, and a graduate of the University of Virginia.
Representative Matters
· Represented post-secondary educational facility in federal court in a California and nationwide putative class action case where the putative class members alleged fraudulent business practices concerning purportedly false representations. Succeeded in limiting discovery, getting class dismissed and settling with the remaining representative plaintiff in a manner the client found favorable.
· Represented an international semiconductor company in a federal lawsuit alleging claims for disability discrimination, age discrimination, retaliation, wrongful termination, breach of contract and intentional infliction of emotional distress. Plaintiff dismissed case in exchange for waiver of costs after defendant prevailed on a summary judgment motion that dismissed the heart of the lawsuit.
· Represented national research agency in state gender discrimination lawsuit brought by a former employee. Case settled on terms defendant agency found extremely favorable.
· Represented national health insurance company in a state lawsuit alleging age discrimination, retaliation, wrongful termination and breach of contract. Prevailed in summary judgment on all claims except breach of contract, and case thereafter settled for nominal amount.
· Guided national and local companies through dozens of layoffs, including layoffs of over 500 employees, with particular emphasis on the federal and state WARN Acts, the intricacies of the selection process, proper documentation and managements' role in the overall process.
· Counseled and represented multiple boards of directors regarding employment law compliance, fiduciary duties related to employment processes, handling and overseeing litigation, and corporate restructuring.
· Represented a large California interior design company in a class action in California state court in which the plaintiffs alleged they were misclassified as exempt employees and were entitled to overtime during the previous four years. Reduced the class size to a small number of members and the case settled on terms the client found favorable.
· Represented a large San Diego nonprofit organization in arbitration on multiple claims, including claims for age and veteran status discrimination and contract violations. Prevailed on all counts after a four-day arbitration.
· Represented a national fast food chain in a class action in which plaintiffs alleged violations of California's wage and hour laws relating to pay and travel issues. Prevailed on opposition to motion for class certification and case dismissed on summary judgment.
· Represented a large national insurance company in a class action in federal court for alleged pregnancy disability violations and for alleged sick leave violations. Prevailed in dismissing both actions on summary judgment and also prevailed on appeal in the Ninth Circuit.
Professional Activities
· State Bar of California
· San Diego County Bar Association
- Labor and Employment Law Section
· San Diego Volunteer Lawyers Program
· California Women Lawyers
· American Inns of Court, Enright Chapter
· San Diego Lawyers Club
· San Diego State University
- Adjunct Professor, Human Resources and The Law
· ATHENA
Experience
· Duane Morris LLP
- Partner, 2008-present
· Luce Forward Hamilton & Scripps LLP
- Partner, 2001-2008
- Associate, 1996-2001
· U.S. District Courts, Southern District of California
- Law Clerk to the Hon. William B. Enright, 1994-1995
Board Memberships
· Senior Community Centers of San Diego
- Board of Directors
· Legal Aid Society of San Diego
- Board of Directors
Honors and Awards
· Tribute to Women in Industry (TWIN) Award Honoree, 2000
Selected Publications
· Quoted in "Bust Is a Boom for Employment Lawyers," California Lawyer, April 2009
· Author, "The Top Five Things Employers Should Consider When Reducing Their Workforce," Western Independent Bankers HR & Training Digest, February 2009
· "Downsizing Layoffs," San Francisco Daily Journal and Los Angeles Daily Journal, January 2, 2009
· "Has the Rose Lost Its Bloom: California Employers Rethink Arbitration," Western Independent Bankers (WIB) HR & Training Digest, November 2008
· "California Appellate Court Concludes that Employers Must "Provide" But Not "Ensure" Meal and Rest Periods," Luce Forward Legal E-Update, July 23, 2008
· Co-author, "Sexual Harassment: Recent Trends and Training Requirements," Luce Forward Annual Labor and Employment Seminar, San Diego, California, October 20, 2005
· Co-author, "Employer Guidelines for Conducting Prompt, Thorough and Neutral Investigations," Luce Forward Annual Labor and Employment Seminar, San Diego, California, November 3, 2004
· Co-author, "Employment Handbook Essentials: Policies and Other Considerations," Luce Forward Annual Labor and Employment Seminar, San Diego, California, October 23, 2003
· Quoted Regarding Employment Law Issues, San Diego Metropolitan Magazine, March 2003 Co-author, "Background checks: Does Your Company Pass the Test?," Luce Forward Annual Labor and Employment Seminar, La Jolla, California, May 25, 2000
· "Employee Background Reports Must Comply with State and Federal Laws," Los Angeles Daily Journal, May 1, 2000
· Co-author, "Recent Developments in California and Federal Employment Law," Luce Forward Annual Labor and Employment Seminar, La Jolla, California, March 31, 1999
· Co-author, "The Importance of an Effective Investigation," Luce Forward Annual Labor and Employment Seminar, La Jolla, California, April 30, 1998
Selected Speaking Engagements
· "Conducting Effective Investigations," Luce Forward Breakfast with Your Employment Counsel, July 18, 2008
· "Medical Issues in the Workplace," Luce Forward Breakfast with Your Employment Counsel, May 18, 2008
· "Top 10 Mistakes in Handling Wage and Hour Issues," Luce Forward Breakfast with Your Employment Counsel, March 28, 2008
· "HR Resolutions for the New Year," Luce Forward Breakfast with Your Employment Counsel, January 18, 2008
· "Employment Law 101: Harassment, Discrimination, Agreements & Handbooks," EDAC Workplace 2008, January 8, 2008
· Client training, "Sexual Harassment Training for Supervisors," January 15, 2008
· "Recent Developments Regarding Medical Issues In the Workplace," Luce Forward Annual Seminar, San Diego, California, November 8, 2007
· "Medical Issues in the Workplace," Luce Forward Annual Seminar, La Jolla, California, November 2, 2006
· "Sexual Harassment: Recent Trends and Training Requirements," Luce Forward Annual Seminar, San Diego, California, October 20, 2005
· "Employer Guidelines for Conducting Prompt, Thorough and Neutral Investigations," Luce Forward Annual Seminar, San Diego, California, November 3, 2004
· "Employment Handout Essentials: Policies and Other Considerations," Luce Forward Annual Seminar, San Diego, California, October 23, 2003
· "Employment Agreements and Related Documentation," Luce Forward Annual Seminar, La Jolla, California, March 19, 2002
· "Background Checks: Does Your Company Pass the Test?," Luce Forward Annual Seminar, La Jolla, California, May 25, 2000
· "Family and Medical Leave Act," Lorman Education Services, San Diego, California, November 2, 2000
· "Whistleblowers and Retaliation Issues in California," National Human Resources Association, La Jolla, California, February 8, 2000
· 2000-2004: Adjunct Professor, San Diego State University, HR and Employment Law
· "Family and Medical Leave Act in California," Lorman Education Services, San Diego, California, November 17, 1999
· "Recent Developments in California and Federal Employment Law," Luce Forward Annual Labor and Employment Seminar, La Jolla, California, March 31, 1999
· "Management Training in Hiring, Performance and Termination Issues," La Jolla California, May 18, 1999
· "Family and Medical Leave Act in California," Lorman Education Services, San Diego, California, May 18, 1999
· "Family And Medical Leave Act in California," Lorman Education Services, San Diego, California, November 5, 1998
· "The Importance of an Effective Investigation," Luce Forward Annual Labor and Employment Seminar, April 30, 1998
Member: State Bar of California; San Diego County Bar Association (Labor and Employment Law Section); San Diego Volunteer Lawyers Program; California Women Lawyers; American Inns of Court, Enright Chapter; San Diego Lawyers Club; ATHENA.
Email: Julie A. Vogelzang
Keith Zakarin (Partner) born Brooklyn, New York, December 24, 1958; admitted to bar, 1986, California; U.S. Supreme Court; U.S. District Court for the Southern, Northern, Eastern and Central Districts of California; 9th Circuit Court of Appeals; U.S. Tax Court. Education: University of California, San Diego (B.A., summa cum laude, 1983); University of California, Berkeley, Boalt Hall School of Law (J.D., 1986).
Keith Zakarin is the co-chair of Duane Morris' Education Practice Group. Mr. Zakarin practices in the area of civil litigation and has a strong national presence in the representation of private postsecondary schools and colleges. His representation of these schools includes such diverse areas of law as student and employee litigation, regulatory and administrative counseling and litigation, accreditation counseling and advocacy, unfair competition, employment counseling and risk management.
Mr. Zakarin is a 1986 graduate of the University of California, Berkeley, Boalt Hall School of Law, and a summa cum laude graduate of the University of California at San Diego.
Areas of Practice
· Postsecondary Education
Representative Matters
· Enjoined California's Bureau for Private Postsecondary and Vocational Education from assessment of confiscatory and illegal sector-wide levy in California Association of Private Postsecondary Schools v. Hamilton, et al.
· Drafter of arbitration provisions used nationwide by private postsecondary schools and colleges
· Negotiation of numerous purchase and sale transactions, representing sellers and buyers
· Successfully argued Saratoga v. Martinac to United States Supreme Court, 1997 term
Professional Activities
· American Bar Association
· San Diego County Bar Association
· General Counsel to California Association of Private Postsecondary Schools ("CAPPS")
· General Counsel to the American Association of Cosmetology Schools ("AACS")
Experience
· Duane Morris LLP
- Partner, 2004-present
· Kaye, Rose & Maltzman LLP
- Equity Partner, 2000-2004
· Booth Banning LLP
- Equity Partner, 1994-2000
· Pillsbury Madison & Sutro
- Associate, 1986-1994
Selected Publications
· Editor, Employer's Deskbook, 1996-2000
· "Prevention of Instructor Caused Claims in Private Postsecondary Schools," Career Education Review, 2004
Selected Speaking Engagements
· California Association of Private Postsecondary Schools Annual Meetings and Legislative Conferences, 1995 through 2007
· "Should I Fire that Employee?" Career College Association Annual Convention, 2003
· "Deterring and Defending Student Claims," Career College Association Annual Convention, 1999
· California Association of Private Postsecondary Schools:
- Twice annual Risk Management Boot Camps (1996 to present)
- Annual Directors' Boot Camp Instructor (1999 to present)
· Frequent presenter to private postsecondary groups throughout the U.S. on student and employee risk issues
· "Risk Management Principles to Ignore: Ways to Spend More Quality Time with your Lawyers," Career Schools and Colleges of Texas, 2004
· "Arbitration and Grievance Resolution Procedures," American Association of Cosmetology Schools, 2004
· "Why I'm Embroiled in an ADA lawsuit Instead of Running the School," Council on Occupational Education, Annual Convention, 2004
Member: American Bar Association; San Diego County Bar Association.
Practice Areas: Civil Litigation; Education Law; Commercial Litigation; Business Litigation; Trial Practice.Email: Keith Zakarin
RESIDENT ASSOCIATES
Courtney L. Bunt (Associate) admitted to bar, 2004, California; 2005, Nevada; U.S. District Courts for the Northern, Central, Eastern, and Southern Districts of California. Education: San Diego State University (B.A., 2000); University of San Diego School of Law (J.D, 2004) Editor, San Diego International Law Journal; Winner, Best Oral and Written Advocate Combined.
Courtney L. Bunt practices in the area of commercial litigation. With extensive experience on behalf of both plaintiffs and defendants, Ms. Bunt represents individual and corporate clients in all facets of litigation, including matters involving contract disputes, unfair competition, false advertising, products liability, torts, corporate and partnership governance and other complex litigation. Ms. Bunt is admitted to practice in California and Nevada.
Ms. Bunt graduated from the University of San Diego School of Law with Honors, where she was awarded "Best Oral and Written Advocate Combined", was the student comment editor of the San Diego International Law Journal, and served as the Academic Support Instructor for first-year law students in the area of Federal Civil Procedure.
Representative Matters
· Obtained multimillion-dollar settlement for general contractor in complex construction defect dispute.
· Representation of clients involving tort claims against energy company.
· Trial counsel for national private post-secondary schools and colleges in litigation disputes.
· Representation of individual and corporate clients involving unfair competition and consumer protection claims, including class actions.
· Trial counsel for insurance companies in matters involving tort and products liability claims.
Professional Activities
· American Inns of Court
· American Bar Association
· San Diego County Bar Association
· Association of Business Trial Lawyers
· Lawyers Club
· Athena
Experience
· Duane Morris LLP
- Associate, 2006-present
· Cozen O'Connor
- Associate, 2004-2006
Member: American Inns of Court; American Bar Association; San Diego County Bar Association; Association of Business Trial Lawyers.
(Also at Las Vegas, Nevada Office). Practice Areas: Trial Practice.Email: Courtney L. Bunt
Heather U. Guerena (Associate) born November 16, 1979; admitted to bar, 2005, California; U.S. District Court for the Southern, Central and Eastern Districts of California. Education: University of Southern California (B.S., 2002); California Western School of Law (J.D., 2005).
Heather U. Guerena practices in the area of commercial litigation and appellate law. Ms. Guerena has litigated matters involving business, trademark and patent infringement, products liability, construction defect, and toxic torts. In addition, she assisted in a trial involving a contract dispute which resulted in a multimillion-dollar verdict.
While in law school, Ms. Guerena served as judicial extern to the Honorable Judith Haller of the California Appellate Court, Second District, Division One. Currently, she is a member of the Lawyer's Club of San Diego, America Inns of Court, the San Diego Bar Association and ATHENA. Ms. Guerena is a 2005 graduate of California Western School of Law, where she received Academic Achievement Awards in Legal Skills III and Trial Practice and was on the Deans List. She was a member of the Traynor Moot Court Team and an executive officer on the Moot Court Honors Board where she coordinated the One L Trial Competition, the Negotiation Competition, and Legal Argument Workshops.
Ms. Guerena is a graduate of the University of Southern California with a Bachelor of Science in Public Policy and Management. She was inducted into the academic honors societies of the Pi Alpha Alpha Honors Society and the Residential Student Leadership Honorary (which is for the top 1 percent of student leaders in university housing). Ms. Guerena was the vice president of the programming board for the University Residential Student Community, a resident advisor, and conference chair for entertainment and hospitality for the National Association of College and University Residential Housing. During her undergraduate studies, Ms. Guerena worked for the Honorable Don Knabe, Los Angeles County Supervisor, Fourth District, and interned for Senator Diane Feinstein in her Washington, D.C. office.
Representative Matters
· Representation of companies in complex tort litigation.
· Representation of publicly traded companies in product liability, contract disputes and patent infringement litigation.
· Representation of national restaurant franchisors in defense of trademark and trade-dress issues.
· Representation of companies both on the trial and appellate level.
Professional Activities
· Lawyer's Club of San Diego
· American Inns of Court - Wallace Inn
· San Diego Bar Association
· American Bar Association
· ATHENA
Experience
· Duane Morris LLP
- Associate, 2005-present
Civic and Charitable Activities
· President of the San Diego Junior Miss Scholarship Program
Member: Lawyer's Club of San Diego; American Inns of Court - Wallace Inn; San Diego Bar Association; American Bar Association; ATHENA.
Practice Areas: Trial Practice.Email: Heather U. Guerena
Michelle Hon (Associate) admitted to bar, 2004, California; U.S. Patent and Trademark Office; U.S. Court of Appeals for the Federal Circuit. Education: University of Minnesota (B.S., Genetics and Cell Biology, 1999); University of San Diego School of Law (J.D., cum laude, 2004) Order of the Coif; Comments Editor, San Diego International Law Journal.
Michelle Hon practices in the area of intellectual property law, including trademark, copyright and patent practice. Ms. Hon has experience in patent and trademark prosecution and licensing. Ms. Hon also focuses her practice on litigating intellectual property matters, including patent, copyright, trademark, and unfair competition. She also handles matters concerning acquisitions and disputes of domain names, including successfully handling domain name and cybersquatting disputes under ICANN's Uniform Dispute Resolution Policy.
Prior to entering law school, Ms. Hon was a research assistant in biochemistry and molecular biology at the Ron Evans Gene Expression Laboratory of the Salk Institute. She was also involved in the Salk Institute Educational Outreach program, educating elementary and middle school students about molecular biology.
Ms. Hon is a 2004 cum laude graduate of the University of San Diego School of Law, where she was Student Comment Editor of the San Diego International Law Journal and elected to the Order of the Coif. Ms. Hon externed with Magistrate Judge Ruben B. Brooks in the United States District Court, Southern District of California. She is a graduate of the University of Minnesota (B.S., Genetics and Cell Biology).
Areas Of Practice
· Litigation
Professional Activities
· State Bar of California
· J. Clifford Wallace American Inn of Court
· San Diego Bar Association
· American Bar Association
Experience
· Duane Morris LLP
- Associate, 2005-present
· Buchanan Ingersoll
- Associate, 2004-2005
- Summer Associate, 2003
· The Honorable Ruben B. Brooks, Federal District Court, Southern District of California
- Extern, 2004
· The Salk Institute, Ron Evans Gene Expression Laboratory
- Research Assistant, 1999-2001
Civic and Charitable Activities
· Lilith's Hands, San Diego, CA - Founder and President, 2001-2002
Selected Publications
· Shi Y, Hon M, Evans RM., The peroxisome proliferator-activated receptor delta, an integrator of transcriptional repression and nuclear receptor signaling, Proc. Natl. Acad. Sci. U.S.A. 2002 Mar 5;99(5):2613-8.
· Shi Y, Downes M, Xie W, Kao HY, Ordentlich P, Tsai CC, Hon M, Evans RM., Sharp, an inducible cofactor that integrates nuclear receptor repression and activation, Genes Dev. 2001 May 1;15(9):1140-51.
Selected Speaking Engagements
· Speaker, "Proprietary Information, Idea Ownership, and Copyrights," International Special Events Society San Diego Chapter meeting, San Diego, California, November 20, 2008
· Speaker, "Internet Highway Robbery: Protect Your Domain, Trademarks, & Copyrights from Cyberthieves," 2008 CCA Annual Convention
· Speaker, "Katie Bar The Door! Protecting Yourself From Privacy Problems & Internet Scoundrels," 2008 AACS Spring Management Conference
Member: State Bar of California; San Diego Bar Association; American Bar Association.
Practice Areas: Intellectual Property; Intellectual Property Litigation; Life Sciences; Pharmaceutical Law; Biotechnology.Email: Michelle Hon
Dawn Messick (Associate) admitted to bar, 2005, California. Education: University of California, San Diego (B.S., Biochemistry and Cell Biology, magna cum laude, 1997) Phi Beta Kappa; University of San Diego School of Law (J.D., cum laude, 2004).
Dawn Messick practices in the area of corporate law with an emphasis in mergers and acquisitions, public and private securities, corporate finance and general corporate matters including corporate governance. Ms. Messick has represented companies in the purchase and sale of assets and securities and with both debt and equity security offerings. She also assists clients in the submission of periodic reporting to the Securities and Exchange Commission. Ms. Messick also has extensive experience in internal investigations relating to stock option issuance and executive compensation.
Ms. Messick combines her corporate practice with experience in the life science industry and intellectual property protection and licensing, including patent prosecution and licensing, trademark registration and litigation support.
Prior to attending law school, Ms. Messick was a pharmaceutical sales representative for Pfizer, Inc., and while attending law school she returned to Pfizer as an in-house summer legal associate. Ms. Messick also served as an extern for the Honorable Leo S. Papas, Presiding Magistrate Judge of the United States District Court for the Southern District of California.
Ms. Messick is a 2004 cum laude graduate of the University of San Diego School of Law, where she was elected to the Order of the Coif, and a magna cum laude graduate of the University of California, San Diego (B.S., Biochemistry and Cell Biology), graduating with Phi Beta Kappa honors.
Professional Activities
· San Diego County Bar Association
Experience
· Duane Morris LLP
- Associate, 2005-present
· Buchanan Ingersoll
- Associate, 2004-2005
· U.S. District Court for the Southern District of California
- Judicial Extern for the Honorable Leo S. Papas, 2003
· Pfizer Inc.
- Summer Legal Associate, 2003
- Pharmaceutical Sales Representative, 1998-2001
Member: San Diego County Bar Association.
Practice Areas: Corporate Law; Intellectual Property; Patents.Email: Dawn Messick
Brian D. Murphy (Associate) admitted to bar, 2004, California. Education: University of California, Riverside (B.A., 1995); University of San Diego School of Law (J.D., 2004).
Brian D. Murphy practices in the area of business litigation. Mr. Murphy has represented clients in state and federal court and has served as trial counsel in three bench trials as well as matters that have been submitted to arbitration and mediation. He has represented a diverse range of clients, including large and small businesses in the biotech, communications, construction, entertainment, insurance and retail industries.
Mr. Murphy also works extensively with employers and nationwide private post-secondary schools and colleges. In the employment arena, he has defended employers from claims including wrongful termination and gender and sexual orientation discrimination as well as sexual harassment, unfair competition, Labor Code violations, breach of contract, and wage and hour issues, including wage and hour class actions.
Mr. Murphy is also very dedicated to pro bono matters. In fact, he has actively represented clients in pro bono matters from 2006 to the present.
Mr. Murphy is a 2004 graduate of the University of San Diego School of Law and a graduate of the University of California, Riverside. Prior to and while attending the part-time, four-year law program at the University of San Diego School of Law, Mr. Murphy worked as a claims adjuster at a major insurance company for over seven years.
Experience
· Duane Morris LLP
- Associate, 2004-present
(Also at Los Angeles Office). Practice Areas: Trial Practice.Email: Brian D. Murphy
Lisa K. Widdecke (Associate) born San Diego, California, February 22, 1974; admitted to bar, 2001, California. Education: University of New Hampshire (B.A., 1996); California Western School of Law (J.D., 2000).
Lisa K. Widdecke practices in the areas of business and employment litigation with a focus on unfair competition, wage and hour issues, wrongful termination, discrimination, retaliation and fraud. In addition to handling single plaintiff litigation, Ms. Widdecke has extensive experience defending wage and hour class actions. She has tried to defense jury verdict a wage and hour class action in which she defended the employer against claims of misclassification, wrongful termination, unpaid overtime, meal and rest periods and unfair competition. She has also defended an employer in a bench trial involving claims of disability and age discrimination. Ms. Widdecke's practice also includes conducting investigations into workplace complaints and counseling regarding all types of employment law issues, such as personnel policies, performance and termination issues, discrimination and leaves of absence issues. In addition, Ms. Widdecke represents employers before state and federal administrative agencies and has extensive experience litigating in various arbitration forums.
Prior to entering private practice, Ms. Widdecke served as law clerk to the Honorable Anthony J. Battaglia and the Honorable Leo S. Papas of the U.S. District Court for the Southern District of California.
Ms. Widdecke is a 2000 graduate of California Western School of Law and a graduate of the University of New Hampshire. At the University of New Hanpshire, Ms. Widdecke played Division One women's ice hockey and was a co-captain of the 1996 women's ice hockey national title championship team. The title was won in the longest game in collegiate hockey history.
Areas of Practice
· Employment Litigation
· Business Torts Litigation
Professional Activities
· San Diego County Bar Association
· Federal Bar Association
· California Women Lawyers, Board of Governors
- District 9 Governor, 2005-present
· Lawyers Club of San Diego
Experience
· Duane Morris LLP
- Associate, 2008-present
· Luce, Forward, Hamilton & Scripps LLP
- Associate, 2004-2008
· Littler Mendelson, PC
- Associate, 2002-2004
· U.S. District Court for the Southern District of California
- Judicial Law Clerk to the Honorable Anthony J. Battaglia, 2001-2002
- Judicial Law Clerk to the Honorable Leo S. Papas, 2000-2001
Board Memberships
· Mission Valley YMCA, Board of Management
- Board Member, 2007-present
· California Women Lawyers, Board of Governors
- District 9 Board Governor, 2005-present
Honors and Awards
· 2007 "Top Defense Verdicts," Los Angeles Daily Journal
Selected Publications
· Co-Author, "Employment Law Compliance Issues for the New Year," E-Update, Luce Forward, December 2007
· Co-Author, "Recent Developments in California and Federal Employment Law," Luce Forward, November 2007
· "New Penalties for Independent Contractor Misclassification?" E-Update, Luce Forward, August 2006
· "California Supreme Court Holds Employee Can Bring Retaliation Claim Without Making Express Complaint to Employer," E-Update, Luce Forward, September 2005
· Contributing Author, "Torts: High Risk Components of Wrongful Discharge," The National Employer, Littler Mendelson, Vol. 1 2003-2004 Ed.
· Contributing Author, "Employment Law Update," The National Employer, Littler Mendelson, Vol. I, 2002-2003 Ed.
Member: San Diego County Bar Association; Federal Bar Association; California Women Lawyers (District 9 Governor, Board of Governors, 2005); Lawyers Club of San Diego.
Practice Areas: Employment Litigation; Business Torts Litigation.Email: Lisa K. Widdecke
OF COUNSEL
Bradford J. Duft (Of Counsel) born Summit, New Jersey, 1954; admitted to bar, 1980, California; U.S. Patent and Trademark Office. Education: University of Colorado (B.A., Molecular, Cellular and Developmental Biology, 1977); California Western School of Law (J.D., cum laude, 1980); George Washington University Law School (LL.M., with highest honors, 1983).
Bradford J. Duft practices in the area of intellectual property law. Traveling regularly to clients in all parts of the United States and throughout the world, he practices out of San Diego and is active in all areas of intellectual property law, including litigation, licensing and strategic patent prosecution, with an emphasis on the biotechnology and life sciences industries.
Mr. Duft has experience with patent infringement litigation and related matters, and served as co-counsel for the prevailing party in Hybritech Inc. v. Monoclonal Antibodies, Inc., the first biotechnology patent case tried in the United States (monoclonal antibody-based immunoassays). Other reported litigations include Scripps Clinic & Research Foundation v. Genentech, Inc. (recombinant DNA); Amylin Pharmaceuticals, Inc. v. University Minnesota and Westermark (peptide analogs and therapeutics); In re Gordon (blood filter devices); Lutzker v. Plet (kitchen devices); Liqui-Box Corp. v. Reid Valve Co. (containers); and Walt Disney v. Ventura Ventures (trademarks; copyrights).
In addition to his litigation experience, and his experience in crafting and building U.S. and worldwide patent portfolios for clients, Mr. Duft has drafted and negotiated numerous agreements, including local and worldwide joint research agreements, joint development agreements and corporate partnership agreements, as well as license agreements with companies, institutions, universities and individuals, manufacturing agreements, supply agreements, and clinical and clinical trial-related agreements.
From 1990 through 1998, Mr. Duft was senior vice president and general counsel of Amylin Pharmaceuticals and, in addition to his litigation, negotiation and prosecution experience, he brings a business and in-house perspective to his work on behalf of clients.
For several years, Mr. Duft served as adjunct professor at the University of Southern California Law School, where he taught patent law, and he has written numerous articles, many of which have been cited by the U.S. courts. He also lectures frequently on a variety of topics, including patent litigation, licensing, and how to draft and prosecute patent applications with a view toward maximum success in litigation and licensing.
A former law clerk and technical advisor to the Honorable Giles S. Rich of the U.S. Court of Appeals for the Federal Circuit and the U.S. Court of Customs and Patent Appeals from 1980-1983, Mr. Duft is a 1980 cum laude graduate of California Western School of Law and a graduate of the George Washington University Law School (LL.M., Patent and Trade Regulation, with highest honors) and the University of Colorado (B.A., Molecular, Cellular and Developmental Biology).
Representative Technologies:
· Recombinant DNA and related technologies
· Proteins and peptides
· Protein and peptide therapeutics, including anti-diabetic, anti-obesity, anti-microbial, anti-viral, and anti-cancer protein/peptide therapeutics
· Antibodies
· Immunotherapeutics
· Pharmaceuticals and small molecule therapeutics, including anti-diabetes, anti-obesity, anti-cancer, anti-pain, and cardiovascular small molecule therapeutics
· Stem cell technologies
· Anti-sense technologies
· Gene therapy technologies
· Genomics
· Proteomics
· Life science reagents and kits
· Diagnostic assays, including immunoassays and nucleic acid based assays
· Diagnostic devices, including microarray diagnostic assays
· Drug discovery technologies, including receptor assays
· Screening technologies, including protein and nucleic acid array screening technologies
· Medical devices, from orthopedic braces to cryoablation devices
· Small turbine technologies
· Business methods, including interactive software services and related computer systems and computer program products
· Nutritional supplements
· Plant cell fermentation technologies
· Modified dairy products
· Genetic testing technologies
Areas of Practice
· Patents, trademarks, copyrights, trade secrets, unfair competition, and related antitrust matters
· Litigation
· Contracts
· Negotiation
· Opinions
· Due diligence
Selected Publications
· Dorr & Duft, "Patent Preliminary Injunctive Relief," 60 J Pat. Off. Soc'y 597, 632 (1978)
- Cited by the U.S. Court of Appeals for the Federal Circuit in Atlas Powder Company v. Ireco Chemicals, 227 USPQ 289 (Fed. Cir. 1985)
- Cited by the U.S. International Trade Commission in In re Certain Fluidized Supporting Apparatus and Components Thereof, 225 USPQ 1211 (US ITC 1984)
· Dorr & Duft, "Trademark Preliminary Injunctive Relief," J Pat. Off. Soc'y (1979)
· Duft, "Trademark Preliminary Injunctive Relief," 16 Cal. W. L. Rev. 90 (1980)
- Cited by the U.S. District Court for the Central District of California in Creager v. Russ Togs, Inc., 218 U.S.P.Q. 582 (C.D. Cal. 1982).289 (Fed. Cir. 1985)
· Rich and Duft, "Doing it Better at the U.S. Court of Customs and Patent Appeals," Amer. Intell. Prop. Assoc. J. (1981)
· Duft, "Opposition to Federal Registration of Trademarks: The Meaning of 'Damage'," 64 J. Pat. Off. Soc'y 220, 233-34 (1982)
- Cited by the U.S. Court of Appeals for the Federal Circuit in Selva & Sons, Inc. v. Nina Footwear, Inc., 705 F.2d 1316, 217 USPQ 641 (Fed. Cir. 1983) and Rosso and Mastracco, Inc. v. Giant Food Inc., 219 USPQ 1050 (Fed. Cir. 1983)
· Duft, "There is No Such Thing as an 'Invalid Trademark'," J Pat. Off. Soc'y (1983)
· Duft, "Aesthetic" Functionality, 73 Trademark Rptr. 151 (1983)
- Winner of the United States Trademark Association Ladas Award for best trademark-related article in 1983
- Cited by the U.S. Court of Appeals for the Federal Circuit in In re R.M. Smith, Inc., 222 USPQ 1 (Fed. Cir. 1984)
- Cited by the U.S. Court of Appeals for the Seventh Circuit in W.T. Rogers Company, Inc. v. Keene, et al., 228 USPQ 145 (7th Cir. 1985)
· "Patent Preliminary Injunctions and The United States Court of Appeals For The Federal Circuit," 65 J Pat. Off. Soc'y 131 (1983)
- Cited by the U.S. Court of Appeals for the Federal Circuit in Smith International, Inc. v. Hughes Tool Company, 219 USPQ 686 (Fed. Cir. 1983) and Atlas Powder Company v. Ireco Chemicals, 227 USPQ 289 (Fed. Cir. 1985)
- Cited by the U.S. International Trade Commission in In re Certain Fluidized Supporting Apparatus and Components Thereof, 225 USPQ 1211 (US ITC 1984)
· Duft, "Biotechnology Patent Infringement and The United States Court of Appeals For The Federal Circuit," Am. Intell. Prop. Law Q. J. (1985)
· Duft, "Preparing the Patent Application," Chapter 4 of Understanding Biotechnology Law (Marcell Dekker, Inc. 1993)
· Duft and Mirabel, "Principles of Inherency," 77 J Pat. Off. Soc'y 539-570 (1995)
- Cited by the U.S. District Court for the Western District of Wisconsin in Promega Corp. v. Novagen, Inc., 6 F.Supp.2d 1004 (W.D. Wis. 1997)
· Duft, "'Aesthetic' Functionality," Chapter 7 of Trade Dress Law, (Aspen Publishers, Inc., 1999)
· Duft, "Fidelity," 81 J Pat. Off. Soc'y 767 (1999) [tribute to Judge Giles S. Rich]
Practice Areas: Intellectual Property; Intellectual Property Litigation; Life Sciences; Pharmaceutical Law; Biotechnology.Email: Bradford J. Duft
SPECIAL COUNSEL
Liseanne R. Kelly (Special Counsel) born Loma Linda, California, June 15, 1971; admitted to bar, 2000, California; U.S. District Court for the Southern District of California. Education: University of Nevada, Las Vegas (B.S., 1994) Eta Sigma Delta Honor Society; University of California, Davis School of Law (J.D., 2000) Member, UC Davis Law Review; Editor, Journal of International Law and Policy.
Liseanne R. Kelly practices in the area of employment law. Her practice involves both litigation and counseling regarding employment law issues.
With respect to her litigation practice, Ms. Kelly represents employers in federal and state court litigation involving wrongful termination, discrimination, harassment, retaliation, unfair competition and wage and hour claims. In addition to handling single plaintiff litigation, Ms. Kelly has extensive experience defending wage and hour class actions. Ms. Kelly also represents employers before state and federal administrative agencies.
With respect to her counseling practice, Ms. Kelly provides counseling to employers on wrongful termination, discrimination, harassment and retlation, as well as wage and hour issues. Also, Ms. Kelly handles workplace investigations for clients as needed.
Areas of Practice
· Employment Law
Professional Activities
· California State Bar
· Lawyers' Club of San Diego
· American Inns of Court, William B. Enright Inn
- Associate Member, 2003-2008
Experience
· Duane Morris LLP
- Special Counsel, 2008-present
· Luce, Forward, Hamilton & Scripps LLP
- Associate, 2000-2008
- Summer Associate, 1999
Board Memberships
· Partnerships With Industry, Board Member, 2008-2009
· Arroyo Paseo, Board Member, 2008 to present
Selected Publications
· Co-author, "Employers Must Act Promptly to Comply with the Revised Family and Medical Leave Act Regulations," Duane Morris Alert, December 11, 2008
· Author, "FMLA Amended to Provide Greater Leave Benefits to Military Families," Luce Forward E-Update, February 7, 2008
· Author, "The Year in Review: 2005 California Employment Legislation," HR.com, February 3, 2006
· Author, "California Supreme Court Holds That Corporate Agents Cannot Be Sued Personally for Wage Claims," Luce Forward E-Update, August 19, 2005
Selected Speaking Engagements
· "Conducting Internal Investigations: Is Your Organization Prepared?" Duane Morris Employment & Immigration Seminar, San Diego, September 24, 2009
· "Workplace Law and Practice 2009," Duane Morris Employment & Immigration Seminar, San Diego, May 20, 2009
· "Disability and Reasonable Accommodation Issues," Duane Morris Employment & Immigration Breakfast Briefing, San Diego, April 17, 2009
· "The Employee Free Choice Act: Is Your Organization Prepared?" Duane Morris Employment & Immigration Breakfast Briefing, San Diego, March 17, 2009
· "Implementing the New FMLA Regulations in California," Duane Morris Workshop, San Diego, February 12, 2009
· "Top 10 Mistakes Employers Make During a Recession," Duane Morris Employment & Immigration Breakfast Briefing, San Diego, January 16, 2009
· Speaker, "Employment Law 101," Workplace 2006 presented by San Diego Advisory Council and the State of California Employment Development Department, October 25, 2006
· Speaker, "Electronic Communications and Privacy in the Workplace," Workplace Seminar presented by San Diego Advisory Council and the State of California Employment Development Department, January 8, 2008
· Speaker, Lorman Seminar on Managing Employee Performance and Misconduct in California, November 2005
· Speaker, "Reducing Liability Risks for Failing to Effectively Train Managers and Supervisors on Workplace Policies and Procedures," Council on Education in Management, 2005
· Speaker, "Sexual Harassment: Recent Trends and Training Requirements," Luce Forward Labor and Employment Seminar, October 20, 2005
· Speaker, "Managing Hiring, Performance and Terminations in California," Association of Legal Administrators, San Diego Chapter, June 1, 2005
· Speaker, "Employer Guidelines for Conducting Prompt, Thorough and Neutral Investigations," Luce Forward Labor and Employment Seminar, November 3, 2004
· Speaker, "Resolving Employment and Benefit Issues Created by California's Registered Domestic Partners Law," Luce Forward Seminar Series, San Diego, California, July 13-15, 2004
· Speaker, Lorman Leaves of Absences Seminars, 2003, 2004 and 2005
Member: State Bar of California; Lawyers' Club of San Diego; American Inns of Court, William B. Enright Inn (Associate Member, 2003-2008).
Practice Areas: Employment Law.Email: Liseanne R. Kelly
Mark J. Marcelli (Special Counsel) born Newark, New Jersey, February 5, 1959; admitted to bar, 1994, California; U.S. Patent and Trademark Office; Supreme Court of California. Education: University of San Diego School of Law (J.D., 1991).
Mark J. Marcelli practices in the area of intellectual property law. Mr Marcelli focuses his practice on patent prosecution, analysis, validity and infringement, and trademark registration and prosecution. Mr. Marcelli has prepared and prosecuted patent applications both domestically and internationally in the electrical, semiconductor, chemical, materials and optoelectronic arts. He advises clients in all aspects of intellectual property law.
Mr. Marcelli's engineering and technology experience includes 15 years as an engineer in the electronics/semiconductor industry. He is admitted to practice in California and registered to practice before the U.S. Patent and Trademark Office. He is a member of the American Bar Association, the Italian American Lawyers Association and the Intellectual Property Section of the State Bar Association of California.
Mr. Marcelli is a 1991 graduate of the University of San Diego School of Law and a 1981 graduate of Rutgers University College of Engineering (B.S., chemical engineering with honors).
Areas Of Practice
· Intellectual Property Law
· Patents
· Trademarks
Representative Matters
· Have developed patent portfolios for major semiconductor, optoelectronic and drilling systems manufacturers
Professional Activities
· American Bar Association
· The State Bar of California
- Intellectual Property Section
· Italian American Lawyers Association
Experience
· Duane Morris LLP
- Special Counsel, 2008-present
- Associate, 2003-2007
· Christie, Parker & Hale, Pasadena, California
- Associate, 2000-2003
· Ratner & Prestia, Valley Forge, Pennsylvania
- Associate, 1998-2000
· Brown, Martin, Haller & McClain, San Diego, California
- Patent Agent/Clerk, 1994-1995
· SGS-Thomson Microelectronics, San Diego, California
- Process Engineer, 1995-1998
· Unisys Corporation, San Diego, California
- Process Engineer, 1989-1994
· TRW Corporation, La Jolla, California
- Process Engineer, 1986-1989
· RCA, Inc., Somerville, New Jersey
- Process Engineer, 1983-1986
· Texas Instruments, Dallas-Houston, Texas
- Process Engineer, 1981-1983
Civic and Charitable Activities
· University of San Diego Alumni Association
· Rutgers University College of Engineering Alumni Association
Member: American Bar Association; State Bar of California (Intellectual Property Section); Italian American Lawyers Association.
Practice Areas: Intellectual Property Law; Patent Prosecution; Patent Infringement; Trademark Registration; Trademark Prosecution; Patents; Trademarks; Electrical Patent Prosecution; Chemical Patent Prosecution.Email: Mark J. Marcelli
RESIDENT PATENT AGENT
Johann Yi-Der Lin registered to practice before U.S. Patent and Trademark Office. Education: University of California, Irvine (B.S., Chemistry and Biology); Colorado State University (Ph.D., Radiation Biology with Cellular and Molecular Biology Interdisciplinary Program).
Johann Y. Lin is a patent agent for Duane Morris' Intellectual Property Practice Group. Dr. Lin has assisted attorneys with U.S. and international patent prosecution in the areas of biotechnology, pharmaceuticals, chemistry, and diagnostic/therapeutic medical devices. In addition, he has experience in matters directed to pharmaceutical life cycle management and Hatch-Waxman patent term extensions, non-infringement, invalidity and freedom-to-operate issues as well as experience in intellectual property due diligence analysis associated with mergers/acquisitions, private and public financings and initial public offerings. Dr. Lin also provides scientific and technical knowledge in connection with intellectual property litigation and has worked on patent infringement and trade secret lawsuits involving antibodies, diagnostic assays and generic pharmaceutical products. He has prepared claim construction analyses for Markman hearings and worked with witnesses to prepare declarations and expert reports.
Dr. Lin is a graduate of Colorado State University (Ph.D., Radiation Biology with Certification in Cellular and Molecular Biology Interdisciplinary Program) and the University of California, Irvine (B.S., Chemistry and B.S., Biology). He is conversant in Chinese (Mandarin) and Taiwanese.
Email: Johann Yi-Der Lin