RESIDENT PARTNERS
Luke Anderson (Partner) born Summit, New Jersey, 1969; admitted to bar, 1998, North Carolina and South Carolina; 2000, Georgia; U.S. Patent and Trademark Office; Supreme Court of the United States; U.S. Court of Appeals, Federal Circuit; U.S. Court of Appeals, Fourth Circuit U.S. Court of Appeals, Eleventh Circuit; U.S. District Court, Northern and Middle Districts of Georgia; U.S. District Court, South Carolina; U.S. District Court, Eastern, Middle, and Western Districts of North Carolina; U.S. District Court, Eastern District of Wisconsin. Education: Clemson University (B.S., 1991); University of South Carolina (M.B.A., 1997); University of South Carolina School of Law (J.D., 1997).
Luke Anderson is a patent attorney who practices in the area of intellectual property law and litigation with emphasis on patents, trademarks, copyrights, false advertising, licensing and unfair competition. Mr. Anderson has represented clients before state and federal courts and before the U.S. Patent and Trademark Office (USPTO) in a variety of disputes ranging from infringement actions to licensing and unfair competition disputes for clients in a variety of industries, including pharmaceuticals, nanotechnologies, communications systems, banking systems, building materials, textiles and automotive parts.
Mr. Anderson has successfully defended the reexamination of two industry standard patents before the USPTO where the District Court stayed litigation to permit the reexamination of the patent-in-suit. Both reexaminations resulted in the confirmation of the original claims and additional claims being issued.
Mr. Anderson is a 1997 graduate of the University of South Carolina School of Law and a graduate of the University of South Carolina (M.B.A.) and Clemson University (B.S., Ceramic Engineering).
Areas of Practice
· Intellectual Property Litigation
- Patents
- Trademarks
- Copyrights
- False Advertising
- Unfair Competition
· Intellectual Property Licensing
· Patents
· Trademarks and Unfair Competition
Representative Matters
· Endo Pharmaceuticals Inc. et al. v. Sandoz, Inc., Case Nos. 08-534 and 08-970 (KSH) (D Del.). Patent infringement action regarding Sandoz's ANDA to make a generic version of Endo's pain product Opana® ER, the active ingredient of which is oxymorphone hydrochloride.
· Aventis Pharma S.A. and Sanofi-Aventis U.S., LLC v. Apotex Inc. and Apotex Corp., Case No. 08-496 (GMS) (D. Del). Patent infringement action regarding Apotex's ANDA to make a generic version of Sanofi-aventis anti-cancer product Taxotere®, the active ingredient of which is docetaxel.
· ChemFree v. J. Walter, Inc. (U.S. District Court for the Northern District of Georgia - Patent Infringement)
· Tailgate Nation, Inc. v. Top Marketing USA, et al. (U.S. District Court for Oregon and U.S. District Court for the Eastern District of Missouri - Patent and Trademark Infringement)
· ChemFree v. James C. McClure (Federal Circuit and U.S. District Court for the Northern District of Georgia - Patent Infringement)
· SKM Products, LP v. Alta Source Nutraceuticals, LLC, et al. (U.S. District Court for the Western District of Texas - Trademark Infringement)
· EI Du Pont De Nemours v. Colormarks, Inc. (U.S. District Court for the District of South Carolina - Trademark Infringement)
· Illinois Tool Works v. Pactiv Corp., et al. (U.S. District Court for Southern Indiana - Patent Infringement)
· Microsoft Corp. v. Systems Plus Information, Inc., et al. (U.S. District Court for the Western District of North Carolina - Copyright and Trademark Infringement)
· Datascape, Inc. v. Samsung Electronics, et al. (U.S. District Court for the Northern District of Georgia - Patent Infringement)
· M&S Manufacturing v. Siemens Diesel System (U.S. District Court for the District of South Carolina - Technology Dispute and Breach of Contract)
· Starsight Telecast v. Echostar Communications, Corp. (U.S. District Court for the Western District of North Carolina - Patent Infringement)
· Atlanta Bread Company International, Inc. v. Bake Shop Brothers Corp, et al. (U.S. District Court for the Northern District of Georgia - Trademark Infringement and Franchise Termination)
· Questa Corp. v. Bank of America NA (U.S. District Court for the Western District of Washington - Copyright Infringement)
· Thomas v. Alltel Communications, Inc., et al. (U.S. District Court for the Western District of North Carolina - Patent Infringement)
· Infini-Lite, LLC v. Custom Glass Products of Carolina, Inc. (U.S. District Court for the Northern District of Georgia - Patent and Trademark Infringement)
· Custom Glass Products of the Carolinas, Inc. v. Collins Custom Millworks, et al. (U.S. District Court for the Northern District of Georgia - Patent Infringement)
· Decralite Grid Systems, Inc. v. Tucker Millworks, et al. (U.S. District Court for the Middle District of North Carolina - Trademark Infringement)
· Arkon Safety Equipment v. Guardian Fall Protection, Inc. (U.S. District Court for the Western District of North Carolina - Patent Infringement)
· Cooperstown Bears v. Action Performance, et al. (U.S. District Court for the Northern District of Illinois - Patent Infringement)
· Southprint, Inc. v. H3, Inc. (U.S. Court of Appeals for the Fourth Circuit and the United States District Court for the Western District of Virginia - Trademark Infringement)
· Talton v. Totally Toys, Inc., et al. (U.S. District Court for the Western District of North Carolina - Trademark Infringement)
· University of Georgia Research Foundation v. KB Visions, Inc. et al. (U.S. District Court for the Middle District of Georgia - Trademark Infringement and Breach of Contract)
· KB Visions, Inc., et. al. v. Professional Compound Association, et al. (U.S. District Court for the Northern District of Georgia - Patent Infringement)
· Gardendance, Inc. v. Woodstock Cooperworks, Inc., et al. (U.S. District Court for the Middle District of North Carolina - Patent, Copyright, and Trade dress Infringement)
· BSN Medical, Inc. v. M-Pact Worldwide Management, Inc. (U.S. District Court for the Western District of North Carolina - Patent Infringement)
· Hanrahan, et. al. v. Globe International, et al. (U.S. District Court for the Western District of New York - Patent Infringement)
· The Cash Store Ltd. v. Quick Cash, LLC (U.S. District Court for the Western District of Wisconsin - Trademark Infringement)
· Wiggins Kart Shop v. Rouse, et al. (U.S. District Court for the Western District of North Carolina - Patent Infringement)
Professional Activities
· The Lamar Inn of Court (Master)
· Federal Bar Association
· American Intellectual Property Law Association (AIPLA)
· Licensing Executives Society (LES)
· Georgia State Bar Association
- Sub-committees for Litigation and Intellectual Property
· Intellectual Property Owners (IPO)
- Sub-committee on Discovery
Experience
· Duane Morris LLP
- Partner, 2007-present
· Merchant & Gould PC
- Partner, 2006-2007
· McGuire Woods LLP
- Partner, 2005-2006
- Associate, 2000-2005
· Dougherty & Associates
- Associate, 1997-2000
· H.C. Spinks Company
- Research and Development Engineer, 1991-1994
Member: State Bar of Georgia (Member, Sub-committees for Litigation and Intellectual Property); Federal Bar Association; American Intellectual Property Law Association (AIPLA); The Lamar Inn of Court (Barrister); Licensing Executives Society (LES); Intellectual Property Owners - IPO (Member, Sub-committee on Discovery).
Practice Areas: Intellectual Property; Intellectual Property Litigation; Patents; Trade Secrets; Trademarks; Unfair Competition; Technology Law.Email: Luke Anderson
Joseph M. Bennett-Paris, Ph.D. (Partner) born Rochester, New York, June 10, 1961; admitted to bar, 1999, Georgia; U.S. Patent and Trademark Office; U.S. Court of Appeals, Eleventh Circuit; U.S. District Court, Northern District of Georgia. Education: University of Southern California (B.S., 1983); Loyola University, Chicago (Ph.D., Pharmacology, 1988); University of North Carolina School of Law (J.D., 1999).
Joseph M. Bennett-Paris, Ph.D., counsels clients in matters of patent prosecution, non-infringement, patentability, invalidity, and various other legal issues. He focuses primarily on the biotechnology and pharmaceutical industries with specific emphasis on the generic drug industry. His practice also includes copyright matters and entertainment law, particularly with regard to the music and publishing industries. A member of the Intellectual Property Law Section of the American Bar Association and the Atlanta and Georgia State bar associations, Dr. Bennett-Paris is active in Georgia Bio, a life sciences partnership, the National Academy of Recording Arts and Sciences and the American-Israel Chamber of Commerce. In addition, he provides pro bono work to the arts community through the Georgia Lawyers for the Arts. Prior to entering law, he served on the faculty of the Wake Forest University School of Medicine.
Dr. Bennett-Paris is a 1999 graduate of the University of North Carolina School of Law and a graduate of Loyola University Chicago (Ph.D., Pharmacology) and the University of Southern California (B.S., Biological Sciences).
Areas of Practice
· Patents
· Intellectual Property
Representative Matters
· Procter & Gamble Company and Hoffman-La Roche Inc. v. Apotex Inc. and Apotex Corp., Case No. 09-0143 (JJF) (D. Del.) Patent infringement action regarding Apotex's ANDA to make a generic version of Procter's osteoporosis product ACTONEL®, the active ingredient of which is risedronate.
· Wyeth v. Apotex Inc., and Apotex Corp., Case No. 08-022308 (S.D. FL). Patent infringement action regarding Apotex's ANDA to make a generic version of Wyeth's anti-depressant product EFFEXOR® XR, the active ingredient of which is venlafaxine hydrochloride.
· Aventis Pharma S.A. and Sanofi-Aventis U.S., LLC v. Apotex Inc. and Apotex Corp., Case No. 08-496 (GMS) (D. Del). Patent infringement action regarding Apotex's ANDA to make a generic version of Sanofi-aventis anti-cancer product Taxotere®, the active ingredient of which is docetaxel.
Professional Activities
· American Bar Association
- Intellectual Property Section
· Atlanta Bar Association
· Georgia State Bar Association
· National Academy of Recording Arts and Sciences
· American-Israel Chamber of Commerce
· Georgia Lawyers for the Arts
· Georgia Bio - The Life Sciences Partnership
Experience
· Merchant & Gould, PC
- Partner, 2006-2007
- Associate, 2003-2005
· Duane Morris, LLP
- Partner, 2007-present
· King & Spalding
- Associate, 2001-2003
· Jones & Askew LLP (formerly Kilpatrick Stockton)
- Associate, 1999-2001
· Wake Forest School of Medicine, Wake Forest University
- Assistant Professor, Department of Physiology and Pharmacology, 1995-1999
Selected Speaking Engagements
· "IP on the Bench - A Chat with U.S. Magistrate Judge Arthur Boylan," Podcast on BP/G Radio, All IP, All the Time, broadcast October 15, 2009
· "Live at Leeds (almost) - A Chat with UK Trademark Solicitor Robert Cumming," Podcast on BP/G Radio, All IP, All the Time, broadcast August 29, 2009
· "Pharma and Biotech in The Current Economy: Survival of the Fittest," Podcast on BP/G Radio, All IP, All the Time, broadcast May 21, 2009
· "James Bond with Books: Why You Need a Literary Agent," Podcast on BP/G Radio, All IP, All the Time, broadcast March 20, 2009
· "Thrown Under the Bus: Bilski and Patentability of Business Methods," Podcast on BP/G Radio, All IP, All the Time, broadcast December 16, 2008
· "Rock 'n Roll IP Head Check," Podcast on BP/G Radio, All IP, All the Time, broadcast October 23, 2008 "Putting the PI in IP: A Chat with Ken Taylor of Marksmen on the How and Why of IP Investigations," Podcast on BP/G Radio, All IP, All the Time, broadcast July 18, 2008
· "The Thunder Down Under: Australia Veers from US on Obviousness," Podcast on BP/G Radio, All IP, All the Time, broadcast June 7, 2008
· "Search Engine Optimization," Podcast on BP/G Radio, All IP, All the Time, broadcast March 30, 2008
· "IP and the Media Vol. 1: Dirty Little (Trade) Secrets," Podcast on BP/G Radio, All IP, All the Time, broadcast February 25, 2008
· "IP Offshoring: Don't Worry, You Won't Lose Your Job," Podcast on BP/G Radio, All IP, All the Time, broadcast January 30, 2008
· "The Mystery (and Peril) of Publishing Deals: Author David Fulmer Unravels," Podcast on BP/G Radio, All IP, All the Time, broadcast September 19, 2008
· "What Trademark Lawyers Can Learn From A Brand Expert," Podcast on BP/G Radio, All IP, All the Time, broadcast October 30, 2007
· "Copyright Crawlers - Protection or Intrusion?" Podcast on BP/G Radio, All IP, All the Time, broadcast October 2, 2007
Member: American Bar Association (Intellectual Property Section); Atlanta Bar Association; State Bar of Georgia.
Practice Areas: Intellectual Property; Patents; Trademarks; Copyrights; Trade Secrets.Email: Joseph M. Bennett-Paris, Ph.D.
Eric P. Berezin (Partner) born Bloomfield, New Jersey, August 28, 1959; admitted to bar, 1984, Florida; 1988, Georgia. Education: American University (B.S., cum laude, 1981); Rutgers School of Law (J.D., 1984).
Eric P. Berezin practices in the areas of labor and employment law and occupational safety and health with an emphasis on litigation. Mr. Berezin represents clients throughout the country in arbitrations (including labor arbitrations), mediations and trials involving a myriad of employment and employment-related claims, including claims of discrimination, harassment, retaliation and wrongful discharge. In addition, Mr. Berezin's practice includes the prosecution and defense of actions involving employment contracts, trade secrets and noncompetition agreements as well as employment-related tort and privacy claims. Mr. Berezin also provides counsel to companies on litigation risk avoidance techniques and assistance in negotiating and drafting employment-related agreements.
Mr. Berezin also has extensive experience in the safety and health area, frequently representing employers in connection with on-site investigations conducted by the Occupational Safety and Health Administration ("OSHA") and OSHA's state counterparts. Over the years, Mr. Berezin has represented companies in a wide array of industries including pharmaceutical, petrochemical, agricultural and pulp and paper. As part of his representation of companies in safety and health matters, Mr. Berezin frequently litigates cases before the Occupational Safety and Health Review Commission, in state and federal court, and before various state agencies. Additionally, he assists clients in developing safety and health policies and procedures, conducts safety and health audits, and provides training on a wide variety of safety and health topics.
Mr. Berezin has published articles about safety and health-related topics as well as employment. He is a frequent speaker on topics related to occupational safety and health.
Admitted to practice in Georgia and Florida, Mr. Berezin is a member of the Labor and Employment Law Section of the American Bar Association as well as the Atlanta Bar Association. Mr. Berezin is a 1984 graduate of Rutgers University School of Law and a cum laude graduate of American University.
Areas of Practice
· Occupational Safety and Health
· Labor and Employment Law
Professional Activities
· American Bar Association
- Labor and Employment Law Section
· Atlanta Bar Association
Experience
· Duane Morris LLP
- Partner, 2006-present
· Powell Goldstein LLP
- Partner, 1994-2006
-- Head of Labor, Employment and Immigration Group, 2003-2006
Selected Publications
· Quoted in "Employers putting the squeeze on workers" by Eve Tahmincioglu, msnbc.com, May 18, 2009
· Co-author, "Doing Layoffs the Right Way," Workforce Management Online, December 2008
Member: American Bar Association (Labor and Employment Law Section); Atlanta Bar Association.
Practice Areas: Employment Law; Management Labor Relations; Employment Litigation; Manufacturing; Immigration Law; Employment Immigration.Email: Eric P. Berezin
Kimberly S. Bunting (Partner) born Atlanta, Georgia, December 30, 1960; admitted to bar, 1986, Georgia. Education: Oglethorpe University (B.A., magna cum laude, 1981); Emory University (M.B.A., 1986); Emory University School of Law (J.D., 1986).
Kimberly S. Bunting practices in the areas of commercial and corporate law, specifically mergers, acquisitions (both asset and stock) and divestitures with deal values typically from $5 million to $100 million; complex commercial contracts; real estate transactions; large capital expansion contracts with values ranging up to $550 million; and global services and products agreements, including logistics services agreements, software licensing and implementation agreements, and distribution agreements.
Ms. Bunting has served as both in-house counsel and primary outside counsel for major global corporations, including several Fortune 500 corporations for acquisitions, real estate, construction, leasing and commercial contract matters. She formerly served as corporate risk manager for the Georgia-Pacific Corporation, in which capacity she was responsible for the placement of billions of dollars of insurance coverage and successful negotiation of numerous coverage matters, particularly in the products liability area.
A member of the State Bar of Georgia and the American and Atlanta bar associations, Ms. Bunting is a 1986 graduate of Emory University School of Law and a graduate of Emory University (M.B.A.) and Oglethorpe University (B.A.).
Areas Of Practice
· Commercial Law
· Mergers and Acquisitions
· Real Estate
· Construction
Representative Matters
· Counsel to a $350 million cement plant for BlueCircle North America including complete quarry package
· Counsel to a $250 million cement plant for Titan America
· Counsel to a $650 million cement plant for Lafarge North America
· Counsel to a $12 million dock improvement project for Titan America
· Counsel to a $40 million cement import terminal for BlueCircle North America
· Counsel to a private investment company in a series of mining business acquisitions in excess of $90 million aggregate deal value.
· Counsel to a publicly traded company for a series of acquisitions of building products distribution businesses in various states in excess of $50 million deal value.
· Real estate counsel to a large privately held international company for a series of acquisitions of ready-mix concrete businesses in Florida in excess of $100 million deal value.
· Primary counsel to several private international companies for several heavy industry construction projects with a combined value of $1.2 billion.
· Risk Management Consultant advising several large multibillion-dollar privately held and Fortune 500 businesses regarding insurance program placements and coverage issues.
· Managing counsel for the sale of stock of an international commercial-grade building materials company in excess of $1.5 billion deal value.
· Managing counsel for the joint venture of a regional chemical business in excess of $50 million deal value.
Professional Activities
· State Bar of Georgia
· Atlanta Bar Association
· American Bar Association
· International Association of Attorneys and Executives in Real Estate
· German American Chamber of Commerce
Experience
· Duane Morris LLP
- Partner, 2007-present
· Bunting Legal Group LLC
(Bunting Sanchez Hayes LLP, predecessor firm)
- Managing Partner, 2002-2007
· Lafarge North America (formerly Blue Circle Industries, PLC)
- Corporate Counsel, 1997-2002
· Georgia-Pacific Corporation
- Corporate Risk Manager and Counsel, 1992-1997
· Racetrac Petroleum, Inc.
- Corporate Counsel, 1990-1992
· Carter & Ansley
- Counsel, 1987-1990
· The Honorable Don Langham, Atlanta, GA
- Law Clerk, 1986-1987
Selected Speaking Engagements
· Panelist, AT&T 2009 Legal Conference, Dallas, January 21, 2009
· Panelist, Southeastern M&A Forum, Atlanta, September 26, 2008
· Panelist, Attorney Client Privilege, Atlanta, September 9, 2008
· Panelist, Southeast M&A Forum, Atlanta, September 26, 2007
· Roundtable Discussion Panelist, Counsel to Counsel, Chicago, June 5, 2007
Member: State Bar of Georgia; Atlanta Bar Association; American Bar Association; International Association of Attorneys and Executives in Real Estate; German American Chamber of Commerce.
Practice Areas: Contracts; Business Law; Commercial Real Estate.Email: Kimberly S. Bunting
William A. Capp (Partner) born Waukegan, Illinois, May 24, 1952; admitted to bar, 1986, Georgia; U.S. Patent and Trademark Office; U.S. Court of Appeals for the Eleventh Circuit; Federal Circuit Court of Appeals; U.S. District Court for the Northern, Middle and Southern Districts of Georgia; Georgia Court of Appeals. Education: United States Air Force Academy (B.S., 1974); Purdue University (M.S., 1974); Georgia State University College of Law (J.D., cum laude, 1986).
William A. Capp is a registered patent attorney who concentrates his practice in patent litigation, representing patentees and accused infringers in matters involving pharmaceutical, chemical, biological, mechanical, electro-mechanical and human factors technologies. He has represented clients in the pharmaceutical, chemical, medical device, flooring, building materials, fenestration, paper, automotive and food industries. He has first chair patent infringement trial experience in both jury and bench trial settings. He has argued cases in U.S. District Court, the Federal Circuit and before the U.S. Patent and Trademark Office. Prior to entering law school, Mr. Capp worked for Lockheed Aircraft Company as an engineer on aircraft design and development projects for the U.S. Air Force and NASA. Prior to working for Lockheed, Mr. Capp served on active duty in the U.S. Air Force from 1975 to 1980 as a Navigator flying KC-135Q aircraft that air-refueled the famous Lockheed SR-71 "Blackbird" spy plane.
Mr. Capp is a 1986 cum laude graduate of Georgia State University College of Law and a graduate of Purdue University (M.S.) and the U.S. Air Force Academy (B.S.).
Areas of Practice
· Intellectual Property
· Patent Litigation
Representative Matters
· ChemFree, Inc. v. J.Walter, Lead Counsel. Bench Trial July of 2009 before Northern District of Georgia Judge Camp. "Green" Bio-remediation parts washer technology. Markman ruling reported at 2007 Markman 2071536; Summary Judgment and Rule 11 Sanctions Order dismissing inequitable conduct defense reported at 2008 WL 3884365; Ruling disallowing belated amendments to invalidity contentions under Local Patent Rules reported at 250 F.R.D. 570; Summary Judgment Ruling dismissing enablement defense reported at 2009 WL 1451347. Infringement and Inventorship defenses resolved in patentee/plaintiff's favor on Rule 52(c) motion for judgment on partial findings during bench trial. Bench trial final ruling expected in September-October time frame of 2009.
· Aventis Pharma S.A. and Sanofi-Aventis U.S., LLC v. Hospira, Inc., Apotex Inc. and Apotex Corp.. Lead Counsel. ANDA pharmaceutical litigation under Hatch-Waxman Act pending 2009 before District of Delaware, Judge Sleet. Chemical/pharmaceutical formulation technology to make a generic version of Sanofi-Aventis anti-cancer product Taxoterer, the active ingredient of which is docetaxel.
· Zoltek Corp. v. Lockheed Martin Corp., Patent infringement/government contracting action involving material science aviation technology, pending before Northern District of Georgia 2009 before Judge Forrester.
· Tenneco Automotive v. Visteon Corp. - Lead Counsel. Two-week jury trial during August 2005 before District of Delaware, Judge Robinson. Automotive catalytic converter technology.
· Martek Biosciences v. Lonza - Jury trial during October 2006 before District of Delaware, Judge Sleet. Bio-tech technology related to production of long-chain omega-3 fatty acids.
· KeyTrak v. Key Register Systems - Jury trial during May 2004 before Northern District of California, Judge Alsup. Electro-mechanical key control technology.
· ChemFree, Inc. v. ZYMO Int'l, 2007. Lead Counsel. AAA Arbitration regarding patent co-ownership contract dispute.
· Mannington Mills v. Armstrong - Lead Counsel. Represented accused infringer in two actions during 2001-2002 before District of Delaware, Judges McKelvie and Thynge. Markman ruling reported at 218 F.Supp.2d 594. Mechanical and chemical techniques for embossing vinyl flooring products.
· Riverwood v. MeadWestvaco. 2003. Northern District of Georgia, Judge Thrash. Represented holder of the patent on the "Coca-Cola Fridge-Pack Carton" against competitor in beverage carton industry in preliminary injunction proceedings.
· Graphic Packaging v. Zumbiel. 2005. Lead Counsel. Northern District of Georgia, Judge Thrash. Paperboard beverage carton technology.
· Graphic Packaging v. Lingamfelter. 2005. Lead Counsel. Northern District of Georgia, Judge Carnes. Paperboard beverage carton technology.
· BMS v. Endura Products. 2005. Lead Counsel on Markman briefing and evidentiary hearing. Eastern District of Texas, Judge Clark. Technology involved integral, rot resistant feature in wooden door jambs.
· Andersen Corp. v. Pella Corp. and W.L. Gore & Assoc. 2006. District of Minnesota. Reduced visibility insect screen technology.
· Liberty Diversified Industries v. Headrick Building Products. 2005. Lead Counsel. District of Minnesota, Judge Frank. Passive Roof Ventilation Technology.
· Larson Mfg. v. Andersen Corp. 2007. Lead Counsel. District of South Dakota. Judge Piersol. Retractable insect screen storm door technology.
· Larson Mfg. v. Andersen Corp. 2007. Lead Counsel. District of South Dakota. Judge Schreier. Mortise lock-set technology for residential storm doors.
· TriPath Imaging v. Cytic. 2004. District of Massachusetts. Medical device technology involving automated cytology screening.
· KeyTrak v. Quest Data Technologies. 2000. Lead Counsel. Eastern District of Virginia. Electro-mechanical key control technology.
· North American Oil Co. v. Star Brite Distributing. 1999. Lead Counsel. Northern District of Georgia, Judge Story. Organic coating chemical technology.
· GPC v. Hayes Microcomputer Products. 1998. Central District of California. Computer modem technology.
· Harvey Collins v. C&A Floorcoverings. 1997. Southern District of Michigan. Mechanical furniture lift technology.
· Board of Regents of the University System of Ga v. The Salt Lake Buzz, 2001. Lead Counsel. Northern District of Georgia. Trademark infringement suit against minor league baseball franchise over use of Georgia Tech's "Buzz" mark.
· Peachtree Homes v. Downeast Builders. 2003. Lead Counsel. Northern District of Georgia, Judge Thrash. Copyright infringement action involving residential home designs.
· Collins & Aikman Floorcoverings, Inc. v. Interface, Inc. and David Oakley, 1998. Northern District of Georgia, Judge Shoob. Copyright infringement action involving carpet patterns.
· Hayes Microcomputer Products v. U.S. Robotics. 1997. Lead Counsel. Handled bankruptcy reorganization issues related to licensing of the famous Heatherington '302 "Hayes Compatible Modem" patent through U.S. Bankruptcy Court, appeal to District Court and appeal to 11th Circuit.
Experience
· Duane Morris, LLP
- Partner, 2007-present
· Merchant & Gould, PC
- Partner, 2007
· Womble Carlyle Sandridge & Rice, PLLC
- Member, 1989-2007
· Powell, Goldstein, Frazer & Murphy
- Associate, 1986-1989
· Georgia Air National Guard
- F-4 Phantom II Weapons Systems Officer, 1983-1986
· Lockheed Aircraft
- Senior Engineer, 1982-1983
· Texas Instruments
- Compensation & Benefits Administrator, 1981
· U.S. Air Force
- KC-135 Navigator, 1975-1980
Practice Areas: Intellectual Property.Email: William A. Capp
Joseph A. Ciucci (Partner) born Marquette, Michigan, October 13, 1967; admitted to bar, 1993, Michigan; 1995, Pennsylvania; 1998, Georgia; U.S. District Court for the Eastern and Western Districts of Michigan; U.S. District Court for the Northern District of Georgia; U.S. Court of Appeals for the Sixth Circuit. Education: Alma College (B.A., 1990); University of Detroit Mercy School of Law (J.D., 1993).
Joseph A. Ciucci practices in the areas of traditional labor law, employment litigation and employee relations matters. He has successfully defended discrimination, harassment and wrongful discharge actions in federal and state courts and before the Equal Employment Opportunity Commission and state agencies and obtained injunctions enforcing non-competition agreements on behalf of management clients.
Another aspect of Mr. Ciucci's practice is the representation of clients before the National Labor Relations Board (NLRB) in Board investigations, unfair labor practice charges and trials, and compliance issues. He assists employers through union organizing attempts, representation hearings, strikes and picketing. He also represents clients in labor arbitrations and collective bargaining negotiations.
In addition, he regularly counsels clients on employment issues stemming from Title VII, the ADA, ADEA, FMLA, FLSA and WARN Act as well as on the implementation and documentation of employee policies. He is a member of the state bars of Georgia, Michigan and Pennsylvania. He also is a member of the American Bar Association and its Labor and Employment Law Section. In 2009, Chambers USA: America's Leading Lawyers for Business included Mr. Ciucci in its listing of leading labor and employment lawyers in Georgia.
Mr. Ciucci is a 1993 graduate of the University of Detroit Mercy School of Law, where he was the Labor Law Symposium Editor for the Law Review, and a graduate, with departmental honors, of Alma College.
Professional Activities
· Georgia Bar Association
- Labor and Employment Law Section
· Michigan Bar Association
- Labor and Employment Law Section
· Pennsylvania Bar Association
- Labor and Employment Law Section
· American Bar Association
- Labor and Employment Law Section
Experience
· Duane Morris LLP
- Partner, 2005-present
· Constangy, Brooks & Smith LLC
- Partner, 2001-2005
- Associate, 1998-2001
· Clark Hill P.L.C.
- Associate, 1996-1997
· The Fishman Group
- Associate, 1995-1996
· Plunkett & Cooney, P.C. (Peacock Ingleson)
- Associate, 1993-1995
Honors and Awards
· Listed in Chambers USA: America's Leading Lawyers for Business, 2009 edition
Selected Publications
· Quoted in "Don't sign away your future: Noncompetes done right," PC World (Australia), April 24, 2009
· Co-author, "The Multinational Enterprise and the Third World: Assessing the Old and New Order," Third World in Perspective, Vol. 1 No. 3, p. 51 (1996).
· "Permissible Uses of Objecting Members' Agency Dues: Is the Solution Any Clearer after Lehnert v. Ferris Faculty Ass'n?" 70 Det. Mercy L. Rev. 89 (1992).
· Co-author, "Challenges of a New World Order for the United States: The Middle East Experience," present to and published by the 16th Annual Third World Conference Foundation, St. Louis, Missouri (1990).
Member: Georgia Bar Association (Labor and Employment Law Section); State Bar of Michigan (Labor and Employment Law Section); Pennsylvania Bar Association (Labor and Employment Law Section); American Bar Association (Labor and Employment Law Section).
Practice Areas: Employment Immigration; Immigration Law; Alternative Dispute Resolution; Employment Law; Labor Relations; Employment Litigation.Email: Joseph A. Ciucci
G. Kirk Domescik (Partner) born Atlanta, Georgia, November 30, 1967; admitted to bar, 1994, Georgia; State and Federal Courts of Georgia. Education: Duke University (B.A., 1990); University of Georgia School of Law (J.D., cum laude, 1994).
G. Kirk Domescik concentrates his practice in the areas of healthcare and corporate law, with particular emphasis on mergers and acquisitions, private equity, company organization and governance, including preparation of operating agreements and shareholder agreements, general corporate counseling, and other transactional matters. Mr. Domescik has particular experience in drafting and negotiating licensing, management, distribution, supply and employment agreements and in representing inception-stage companies in obtaining venture capital funding using a variety of financing alternatives. He has participated in the preparation of initial public offerings and various other securities filings.
Mr. Domescik also has substantial experience in advising physician practice groups and other healthcare providers on operational issues affecting their businesses and a variety of healthcare transactional and regulatory matters. He has particular experience in the acquisition and divestiture of assisted living facilities and skilled nursing facilities and related financing arrangements. Mr. Domescik frequently advises healthcare providers on the impact of the Stark law and fraud and abuse laws, contracting issues and their relationships with payors and regulators.
Mr. Domescik is a member of the American Bar Association, the American Health Lawyers Association and the Atlanta Bar Association. He is a 1994 cum laude graduate of the University of Georgia School of Law and a graduate of Duke University.
Areas of Practice
· Corporate and Business Law
- Mergers and Acquisitions
- Joint Ventures
- Private Equity/Venture Capital
- Businesses/Entrepreneurs
- Services for Private Companies
- Corporate Governance
· Healthcare Law
- Mergers and Acquisitions
- Physician Group Practices
- Hospital-Physician Relationships and Joint Ventures
- Medicare/Medicaid Fraud and Abuse and Stark Laws
Representative Matters
· Represented an international temporary and contract staffing company's U.S. subsidiary in the $50 million asset sale of its credit and accounts receivable management services subsidiary to Sterling National Bank. The transaction involved the filing of required notices under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 for expedited approval from federal antitrust authorities.
· Represent an international temporary and contract staffing company in its corporate reorganization, including international tax planning, and the corporate reorganization of its U.S. subsidiary.
· Represented a provider of energy services in its $10 million Reg D private offering of LLC units to provide seed capital for its power generation project in New York.
· Represented a Web analytics company in its $10 million sale to Keynote Systems, Inc.
· Agreement and Plan of Reorganization by and among United Surgical Partners International, Inc., USP Acquisition Corp. and Surgicoe Corporation (March 2002). Reverse triangular merger of privately held company managing and developing ambulatory surgery centers with the subsidiary of a publicly traded company and involving aggregate merger consideration in excess of $30,000,000.
· Purchase and sale of capital stock of Curriculum Advantage, Inc., a subsidiary of Houghton Mifflin Company that develops educational software, to Prime Entertainment, Inc. (March 2003).
· Series A and B Convertible Preferred Stock financing of Atricure, Inc. (2001-2002). $25,000,000 capitalization of medical device company by venture funds.
· Series A and B Convertible Preferred Stock financing of Medivance, Inc. (2000-2001). $20,000,000 capitalization of medical device company by venture funds.
· Series A and B Convertible Preferred Stock financing of Liposonix, Inc. (2001-2002). $5,000,000 capitalization of medical device company by venture funds.
· Sale of The Lenox Building by The Simon Property Group to the Oregon Teachers Pension Fund (1999-2000). Asset and real estate transaction for sale of 20-story office building in Atlanta, Georgia and involving a purchase price of $75 million.
· Redeemable Preferred and Common Stock financing of Alliance Surgery, Inc. (April 2004) $7 million capitalization of company that develops and manages ambulatory surgery centers by venture funds.
· Medical Association of Georgia v. Blue Cross & Blue Shield of Georgia, Inc.
· Agreement of Purchase and Sale between Brentwood Nursing and LTC Properties, Inc. (August 2003). Asset and real estate transaction involving acquisition of four skilled nursing facilities in Georgia for aggregate consideration of $8 million.
· Purchase Agreement between Mariner Health Care, Inc. and Cedala, Inc. (June 2004). Asset and real estate transaction involving acquisition of assisted living facility in Montgomery, Alabama.
· Purchase Agreement between Landmark Healthcare Associates, LP and Cambridge Warsaw, LLC (February 2004). Asset and real estate transaction involving acquisition of skilled nursing facility in Warsaw, Indiana.
· $12 million public bond financing of the acquisition of a condominium project in Gwinnett County, Georgia.
· Asset and real estate transaction involving the acquisition of a radiation oncology center by a medical oncology practice group for aggregate consideration of $4.7 million (December 2004).
· Represented international security company in the sale of the assets of certain divisions based in the United States involving consideration is excess of $60,000,000 (2006-2007).
· Represented international manufacturing company in negotiating and restructuring its relationship with its primary distributors based in the United States (2006).
· Represented oncology practice in the formation and operation of a retail pharmacy (2005-2006).
· Represented group of investors in the acquisition of a restaurant facility for aggregate consideration in excess of $4,000,000 (November 2006).
· Represented investment group in the sale of two Georgia-based assisted living facilities for aggregate consideration in excess of $5,000,000 (October 2005).
· Represented owner and operator of assisted living facilities in the acquisition of two South Carolina assisted living facilities, through the acquisition of the loans made to the seller of such facilities involving a loan balance in excess of $8,000,000 (September 2005).
· Represented a leading provider of after-market warranty products and services for owned and leased motor vehicles in the sale of a majority equity stake to a global private equity firm for aggregate consideration of in excess of $50 million.
· Represented international security company in the acquisition of the alcohol and other electronic monitoring equipment division of a California-based security company.
· Represented an international temporary and contract staffing company in the sale of the assets of its U.S. subsidiary specializing in utility technical services.
· Represented international software company in the sale of its cash forecasting software assets to a publicly-traded software company.
· Represented international software company in negotiation of master software license agreements of its enterprise workforce optimization software with several major U.S. banking institutions.
· Represented the subsidiary of a UK-based mobile content and communication services provider in a limited private securities offering, including the preparation of a private placement memorandum and other offering documents.
· Represented ophthalmology physician practice in the development of an ambulatory surgery center, including securing an exemption to the Georgia certificate of need laws for construction of such facility.
· Represented investment group in the acquisition and development of two restaurant facilities located in Atlanta, Georgia, including assistance with lease negotiations and the structuring of required financing.
· Represented international security company in its acquisition of substantially all of the assets of a company providing residential treatment program for youth in the state of Florida.
· Advised large physician group in structuring its operation of various imaging equipment in the context of the Stark Law and the Anti-Kickback Law, including the structuring of ownership and employment arrangements for the physicians.
Professional Activities
· American Bar Association
· State Bar of Georgia
· American Health Lawyers Association
· Represent nonprofit primary health care provider serving uninsured patients
Experience
· Duane Morris LLP
- Partner, 2005-present
- Associate, 2003-2004
· Epstein Becker & Green, P.C. (formerly Vincent, Berg, Stalzer & Menendez, P.C.), Atlanta, Georgia
- Associate, 1997-2003
· Sumner & Anderson, Atlanta, Georgia
- Associate, 1994-1997
Selected Speaking Engagements
· Co-guest lecturer, Venture Capital Structural Matters, Villanova Law School, Villanova, Pennsylvania, March 23, 2006
· Lecturer, Villanova Law School's e-Business Class, March 2005
· Speaker, "Georgia Medical Records Law," Health Care Compliance Update and HIPAA Privacy Rules: A Roadmap to Understanding Complex Federal Requirements, Atlanta, Georgia, November 7, 2002
Member: American Bar Association; State Bar of Georgia; American Health Lawyers Association.
Languages: French. Practice Areas: Health Care.Email: G. Kirk Domescik
Terry P. Finnerty (Partner) born Bellport, New York, April 8, 1964; admitted to bar, 1989, Georgia; United States Courts of Appeals for the Sixth, Ninth and Eleventh Circuits; United States District Courts for the Northern and Middle Districts of Georgia; Court of Appeals of Georgia; Superior Court of Georgia; Supreme Court of Georgia. Education: Emory University School of Law (J.D., 1989).
Terry P. Finnerty practices in the area of labor and employment law. He focuses on representing employers in areas of traditional labor law, particularly union avoidance issues. His litigation experience includes representing management against claims made by employees. Special matters handled by Mr. Finnerty include union election campaigns, collective bargaining negotiations, arbitrations, supervisor and management training, representing clients covered by the National Labor Relations Act and the Railway Labor Act before federal agencies and courts, and compliance with the Civil Rights Act, ADA, ADEA and FMLA, as well as the FLSA.
In 2009, Chambers USA: America's Leading Lawyers for Business included Mr. Finnerty in its listing of leading labor and employment lawyers in Georgia.
Mr. Finnerty is a member of the Labor and Employment Law Section of the State Bar of Georgia. He is a 1989 graduate of Emory University School of Law, where he was executive notes and comments editor of the Emory Law Journal, and a graduate of the University of Richmond.
Areas of Practice
· Labor and Employment Law
Representative Matters
· Counsel to the American subsidiary of an international security services provider on a wide variety of labor and employment issues, including union and litigation avoidance, relations with unionized employees, collective bargaining negotiations, disputes before the National Labor Relations Board and other federal agencies, and litigation of disputes arising under federal and state employment laws
· Counsel to a large insurance company and its subsidiaries on employment matters, including compliance with the Civil Rights Acts, the ADA, the ADEA, the FMLA, and both federal and state wage and hour laws
· Counsel to a large international staffing company, providing union avoidance counseling and training
Professional Activities
· State Bar of Georgia
- Labor and Employment Law Section
Experience
· Duane Morris LLP
- Partner, 2003-present
· Troutman Sanders, LLP, Atlanta, Georgia
- Partner, 1999-2003
- Associate, 1996-1998
· Ford & Harrison, Atlanta, Georgia
- Associate, 1989-1996
Civic and Charitable Activities
· Little League Soccer and Baseball Coach
Honors and Awards
· Listed in Chambers USA: America's Leading Lawyers for Business, 2009 edition
Selected Publications
· "Labor/Employment Alert for Truck Dealers," Successful Dealer, August 2005
· "Current Developments in Labor-Management Relations," Employment Relations Today, Vol. 15, No. 4, Spring 1990
· "Modifying Retirement Benefits: Problems Under ERISA," Employment Relations Today, Vol. 16, No. 4, Winter 1989/90
Selected Speaking Engagements
· "Union Avoidance Strategies," Southern Employment Law Conference, The Cambridge Institute, Atlanta, Georgia, November 10, 1998
Member: State Bar of Georgia (Labor and Employment Law Section).
Practice Areas: Employment Law; Labor Law; Labor Relations; Immigration Law.Email: Terry P. Finnerty
Matthew C. Gaudet (Partner) born Lafayette, Louisiana, November 21, 1972; admitted to bar, 1998, New York; 1999, Georgia. Education: Louisiana State University (B.A., magna cum laude, 1993); Duke University School of Law (J.D., magna cum laude, 1997).
Matthew C. Gaudet practices in the areas of intellectual property litigation with a focus on patent litigation as well as related complex commercial litigation and technology litigation. Mr. Gaudet has represented a wide range of clients in complex, multidistrict patent and antitrust cases. He has successfully tried numerous cases, has defeated dozens of patents prior to trial, and has appeared before panels of the U.S. Court of Appeals, the Judicial Panel on Multidistrict Litigation and federal district courts across the country. He regularly lectures on patent litigation topics. Before entering private practice, Mr. Gaudet served a judicial clerkship for the Honorable Susan H. Black of the US Court of Appeals for the Eleventh Circuit.
In 2009, Chambers USA: America's Leading Lawyers for Business included Mr. Gaudet in its listing of leading IP lawyers in Georgia. Georgia Super Lawyers has included Mr. Gaudet in its "Rising Stars" listing from 2007 through 2009.
A member of the State Bar of Georgia and the New York State Bar Association, Mr. Gaudet is admitted to practice in Georgia and New York. Mr. Gaudet is a 1997 magna cum laude graduate of Duke University School of Law and a magna cum laude graduate of Louisiana State University.
Areas of Practice
· Intellectual Property Litigation
· Antitrust and Complex Commercial Litigation
· Technology Litigation
Representative Matters
· Won jury verdict for a major Internet Service Provider accused of infringing three patents relating to ADSL technology, in which the jury found the patents not infringed and invalid on numerous grounds.
· Won a complete defense verdict on all four patents-at-issue for a major manufacturer of cable set-top boxes in the largest Section 337 proceeding ever tried before the International Trade Commission.
· Won summary judgment of non-infringement in the Eastern District of Texas for a major Internet Service Provider in a complex, multi-party patent infringement matter involving an alleged invention relating to Internet access.
· Won an order shifting $300,000 of e-discovery costs to a plaintiff patent holding company and a corresponding $87,000 attorneys' fee award against that plaintiff on behalf of a major supplier of hardware for routing e-mail, then won summary judgment of non-infringement and/or invalidity against all patents asserted in the case.
· Won summary judgment of non-infringement of all eight patents-at-issue for a major manufacturer of cable set-top boxes in complex, multi-district patent and antitrust litigation relating to interactive program guides.
· Secured dismissal without payment for a major manufacturer of VoIP telephony equipment accused of patent infringement.
· Secured large settlement for two well-known inventors in the aluminum casting industry in connection with the prosecution of trade secret misappropriation claims and related patent claims.
Professional Activities
· New York State Bar Association
· State Bar of Georgia
Experience
· Duane Morris LLP
- Partner, 2005-present
- Associate, 2002-2004
· King & Spalding, Atlanta, Georgia
- Associate, 1998-2002
· United States Court of Appeals for the Eleventh Circuit
- Law Clerk, Honorable Susan H. Black, 1997-1998
Civic and Charitable Activities
· Represented numerous individuals pro bono in appointed federal habeas corpus proceedings and in Section 1983 inmate litigation, including multiple appearances before the Eleventh Circuit Court of Appeals and a jury trial in the Middle District of Georgia.
Honors and Awards
· Listed in Chambers USA: America's Leading Lawyers for Business, 2009 edition
· Georgia Super Lawyer Rising Star in 2007, 2008 and 2009
Selected Speaking Engagements
· Moderated a panel of IP practitioners in a one-hour discussion regarding trends and developments in patent litigation, Georgia Entertainment Law and Intellectual Property conference, November 12, 2008
· Speaker, "Claim Construction and Proving Infringement," Practising Law Institute's Patent Litigation 2008, Atlanta, November 10, 2008
· Speaker, "Appellate Issues in Patent Litigation," Patent Claim Construction 2008: The Advanced Legal Forum, February 27, 2008
· Panelist, "KSR v. Teleflex Supreme Court Decision," State Bar of Georgia IP Section, June 2007
· Panelist, "Major Upcoming Supreme Court Cases on Patent Issues," State Bar of Georgia IP Section, October 2006
Member: New York State Bar Association; State Bar of Georgia.
Practice Areas: Intellectual Property Litigation; Antitrust; Complex Litigation; Commercial Litigation; Technical Litigation.Email: Matthew C. Gaudet
Amelia (Amy) H. Huskins (Partner) born Knoxville, Tennessee, March 2, 1959; admitted to bar, 1984, Georgia; Supreme Court of Georgia. Education: University of Tennessee (B.S., 1981); University of Tennessee College of Law (J.D., 1984).
Amy Huskins practices in the areas of commercial real estate, mortgage and finance, creditors' rights and nonprofit lending. Ms. Huskins represents lenders in commercial real estate matters; owners/developers in the acquisition, holding and disposition of commercial real estate; secured creditors in loan workouts, foreclosures and the enforcement of creditors' rights; and international clients on real estate and other business matters.
Ms. Huskins has considerable experience representing financial institutions in transactions with nonprofit organizations and serves as title agent for many national title insurance companies. She is a past president of Commercial Real Estate Women of Atlanta-CREW, the first attorney to be elected as president and served as Atlanta co-chair of the 1997 National Network CREW convention. Ms. Huskins was the inaugural co-recipient of the 1998 CREW-Atlanta Member of the Year Award. She has been featured by and authored articles for the Atlanta Business Chronicle, was author of "RTC Title Standards" for the State Bar of Georgia Title Standards, and was previously appointed to the Advisory Board of Dorey's real estate publications. She continues to serve on the CREW-Atlanta Past President's Advisory Council.
Ms. Huskins is a member of the State Bar of Georgia, the Atlanta and American bar associations and the Lawyers Club of Atlanta.
Ms. Huskins is a 1984 graduate of the University of Tennessee College of Law, where she was elected to the editorial board of the Tennessee Law Review and is a 1981 magna cum laude graduate of the University of Tennessee. She is a past delegate to the University of Tennessee National Alumni Association, past president of the University of Tennessee Atlanta Alumni Association and also continues to serve on the University of Tennessee College of Law Dean's Circle Advisory Council.
Areas Of Practice
· Creditors' Rights
· Commercial Real Estate
· Title Issues
· Secured Transactions
· Capital Markets
Representative Matters
· Represent Canadian commercial real estate developer in the $35 million acquisition of a major retail project from Hamburg-based private equity fund and the resale to ING Clarion.
Professional Activities
· Commercial Real Estate Women (CREW)
- Past President's Advisory Council
· Lawyers Club of Atlanta
· Atlanta Bar Association
· American Bar Association
· State Bar of Georgia
Experience
· Duane Morris LLP
- Partner, 2004-present
· Wombyle Carlyle Sandridge & Rice PLLC
- Partner, 1996-2004
· Parker, Johnson, Cook & Dunlevie
- Partner, 1991-1996
- Associate, 1985-1991
· Smith, Gambrell & Russell
- Associate, 1984-1985
Board Memberships
· Commercial Real Estate Women of Atlanta (CREW)
· University of Tennessee College of Law Dean's Circle
· University of Tennessee College of Law Dean's Advisory Council
· Past Delegate, Board of Governors, University of Tennessee National Alumni Association
· Past President, University of Tennessee Atlanta Alumni Association
Civic and Charitable Activities
· CREW-Atlanta Past President's Advisory Council
· Atlanta Co-Chair, 1997 National CREW Convention
Honors and Awards
· Past President, Commercial Real Estate Women of Atlanta (CREW-Atlanta)
· Co-Inaugural Recipient of the 1998 CREW-Atlanta Member of the Year Award
· Editorial Board, University of Tennessee Law Review
· Co-Inaugural Recipient of the 1998 CREW-Atlanta Member of the Year Award
Selected Publications
· "RTC Title Standards," State Bar of Georgia Title Standards
Selected Speaking Engagements
· Public speaking engagements for commercial Real Estate groups
Member: Commercial Real Estate Women (Past President's Advisory Council); Lawyers Club of Atlanta; Atlanta Bar Association; American Bar Association; State Bar of Georgia.
Practice Areas: Commercial Real Estate; Creditors' Rights; Real Estate Title; Secured Transactions; Capital Markets; Banking Law; Financial Law; International Law; Finance.Email: Amelia (Amy) H. Huskins
Annette A. Idalski (Partner) born Alpena, Michigan, June 24, 1969; admitted to bar, 1995, Texas; 1996, Georgia; U.S. Supreme Court; U.S. District Court for the Northern District of Georgia; U.S. District Court for the Western District of Michigan; U.S. Court of Appeals for the Eleventh Circuit; U.S. Court of Appeals for the District of Columbia Circuit. Education: Central Michigan University (B.S., cum laude, 1991); St. Mary's University School of Law (J.D., 1995).
Annette A. Idalski practices in the areas of labor and employment litigation, employee relations counseling and management training. She has defended numerous employers nationwide against single and multi-plaintiff lawsuits involving race, gender, age and disability discrimination, workplace harassment, traditional labor matters, wage and hour compliance, restrictive covenants, contract disputes, whistleblower actions, and other employment torts.
Ms. Idalski also proactively counsels employers on employment issues arising out of or concerning complex leaves of absence, hiring and firing, wage and hour compliance, mergers and acquisitions, and collective bargaining matters. She conducts legal compliance audits of clients' human resources functions and prepares employee policies and handbooks and employment agreements. Ms. Idalski has conducted hundreds of training courses and seminars on prevention of litigation with respect to sexual harassment and discrimination under Title VII, the Family and Medical Leave Act, the Americans With Disabilities Act, the Fair Labor Standards Act, the Fair Credit Reporting Act, and other state and federal employment laws.
Ms. Idalski is past president of the Georgia Association For Women Lawyers (GAWL) and has served as a board member of GAWL since 2002.
Areas of Practice
· Employment Litigation
· Human Resources and Employee Relations Counseling
· Management Training
Representative Matters
· Lead Counsel in the following cases: Cogburn Healthcare Ctr, Inc. v. NLRB, 437 F.3d 1266 (D.C. Cir. 2006) (Successfully argued before the U.S. Court of Appeals for the District of Columbia Circuit that Gissel Bargaining Order should be reversed); Seward v. Alexander Properties Group, No. 1:05-CV-601-SEB-JPG, U.S. Dist. LEXIS 31150 (S.D. IN Nov. 21, 2005) (Obtained complete dismissal of pregnancy discrimination case for property management company at pre-answer stage based on lack of personal jurisdiction); Anthony Mugno v. Societe Internationale de Telecommunications Aeronautiques, Ltd., et al., No. 05-cv-2037 (DRH) (ARL), 2007 U.S. Dist. LEXIS 6570 (E.D.N.Y. Jan. 30, 2007) (Obtained complete dismissal of claims under the Family and Medical Leave Act and ERISA for technology company).
· Obtained directed verdict as lead counsel in jury trial against retaliation claims under Title VII and the Florida Civil Rights Act and the Florida Whistleblower's Act in United States District Court, Southern District Miami.
· Obtained summary judgment and significant attorneys' fees award for manufacturing client against age discrimination lawsuit in California Superior Court.
· Obtained summary judgment for Michigan employer in multi-plaintiff litigation involving allegations of Title VII national origin discrimination, harassment and retaliation.
· Obtained summary judgment for Georgia public employer in multi-plaintiff litigation involving allegations of Title VII sexual harassment and Equal Pay Act
· Defended employers in complex restrictive covenant litigation brought by competitors, with results that the clients found favorable.
Professional Activities
· Georgia Association For Women Lawyers
- Past President, 2007-2008
- President, 2006-2007
- President-Elect, 2005-2006
- Vice-President, Strategic Partnerships, 2003-2005
- Legislative Co-Chair, 2002-2003
· Society of Human Resources Management
- Member, 2003-2005
Honors and Awards
· Named a "Georgia Super Lawyer," as published in Atlanta magazine and Georgia Super Lawyers magazine, March 2006 and 2007
· Named one of "Georgia's Legal Elite," selected by Georgia attorneys and published in Georgia Trend Magazine, December 2005 and 2007
· Visionary Award, Georgia Association for Women Lawyers, 2005
Selected Publications
· Author, "Averting The March Toward Unionization," Law360, February 10, 2009
· Quoted in "Know Your Layoff Rules & Procedures," HR Focus, February 2009
· Co-author, "Doing Layoffs the Right Way," Workforce Management Online, December 2008
· Columnist, "Managing Your Employees," Craftrends Magazine, 2005-2006
· Contributing Author, How Arbitration Works, Sixth Edition, American Bar Association, 2004
· Published numerous CLE papers on a wide variety of employment law topics
Selected Speaking Engagements
· Speaker, "5 Key Areas to Review in 2009," SHRM GEM meeting, Atlanta, Georgia, May 20, 2009
· Speaker, "Conducting an Effective HR Audit," 2008 HR Star Conference, Atlanta, May 14, 2008
· Speaker, "The New FMLA: Is Your Company Prepared?" HR Star Conference, Atlanta, Georgia, May 13, 2009
· Speaker, "Key Components for a Successful Human Resources Department," Women Leading Business Symposium, Georgia Association for Women Lawyers, 2005
· Speaker, "Human Resource and Legal Issues for Craft, Hobby and Scrapbooking Industry Employers," Memorytrends Trade Show, Las Vegas, 2005
· Speaker, "Keeping It Legal," Lorman Education Services, 2004
· Speaker, "Managing Human Relations," Southeastern Affordable Housing Management Association Regional Conference, 2003
· Speaker, "Family and Medical Leave Act," SHRM Southeast Conference, 2003
· Speaker, "How to Structure a Human Resources Department, Part I and II," SHRM-Atlanta Workshop, 2003
Member: Georgia Association For Women Lawyers (Past President, 2007-2008; President, 2006-2007; President-Elect, 2005-2006; Vice-President, Strategic Partnerships, 2003-2005; Legislative Co-Chair, 2002-2003); Society of Human Resources Management (Member, 2003-2005).
Practice Areas: Employment Law; Management Labor Law; Fair Housing.Email: Annette A. Idalski
L. Norwood "Woody" Jameson (Partner) born Asheville, North Carolina, January 5, 1962; admitted to bar, 1988, Georgia; United States Court of Appeals for the Federal Circuit; United States Court of Appeals for the Eleventh Circuit; United States District Courts for the Northern and Middle Districts of Georgia; Various other Courts of Appeals and United States District Courts. Education: University of North Carolina at Chapel Hill (B.A., Economics, 1984); University of Georgia School of Law (J.D., magna cum laude, 1988).
Louis Norwood ("Woody") Jameson is head of the Intellectual Property Litigation division of Duane Morris' Trial Practice Group and the managing partner of the firm's Atlanta office. Mr. Jameson practices in the area of intellectual property law and litigation with emphasis on patents, trademarks, copyrights, false advertising, licensing and unfair competition. Mr. Jameson has been named a Georgia Super Lawyer in the field of IP litigation by Atlanta Magazine and Georgia Super Lawyers Magazine.
Mr. Jameson has represented several well-known companies in complex patent litigation involving such technologies as cable television technology, Internet technology, MPEG decoding technology, telecommunications and computer hardware and software applications. He likewise has had lead responsibility for trademark and false advertising litigation for Fortune 500 companies, and anti-counterfeiting activities surrounding the 1996 Summer Olympic Games. He is a member of the Litigation and Patent, Copyright and Trademark Law sections of the American Bar Association, the State Bar of Georgia and the Atlanta Bar Association. He has served on the Federal Trial Practice and Procedure Committee of the American Bar Association, has served on numerous committees of the International Trademark Association, and has been a speaker at seminars on a multitude of patent and trademark topics. In 2009, Chambers USA: America's Leading Lawyers for Business included Mr. Jameson in its listing of leading IP lawyers in Georgia.
Mr. Jameson is a 1988 magna cum laude graduate of the University of Georgia School of Law and a 1984 graduate of the University of North Carolina.
Areas of Practice
· Intellectual Property Litigation
- Patents
- Trademarks
- Copyrights
- False Advertising
- Unfair Competition
· Intellectual Property Licensing
Representative Matters
· Capital City Bank Group, Inc. v. Capitol City Bank & Trust Co., No. 5:03-CV-256-1 (M.D. Ga.): Successfully defended Capitol City Bank & Trust Co. against a claim of trademark infringement brought by plaintiff Capital City Bank Group, Inc, including defeating plaintiff's preliminary injunction motion on all four factors (including persuading district court that there was no likelihood of confusion) and concluding case with payment by plaintiff to our client.
· Represented EarthLink, Inc. in obtaining a complete jury verdict of non-infringement and patent invalidity in the defense of a complex, multi-party patent litigation involving ADSL technology in the District of Delaware.
· Represented Cisco Systems, Inc. in the successful defense of a patent infringement matter involving Voice over Internet Protocol telephony.
· Represented EarthLink, Inc. in successfully obtaining a summary judgment of non-infringement in a patent infringement matter in the Eastern District of Texas involving an alleged invention relating to dial-up Internet service; decision was affirmed by the Federal Circuit (MyMail, Ltd. v. Am. Online, Inc., 476 F.3d 1372 (Fed. Cir. 2007).
· Represented Scientific Atlanta, Inc. in the defense and successful resolution of a patent infringement action involving DVR technology in the Eastern District of Texas.
· Representing BellSouth Corporation in the defense of a patent infringement matter in the Eastern District of Texas involving the use of Internet Protocols for long distance transmissions.
· Represented Time Warner Cable, Inc. in the successful defense of a patent infringement matter involving cable set-top boxes.
· Represented Scientific Atlanta, Inc., a major manufacturer of cable set-top boxes, in one of the largest Section 337 proceedings ever tried before the International Trade Commission in an investigation alleging infringement of four patents, and successfully obtained a complete defense verdict on all patents.
· Represented St. Bernard Software, Inc. in the successful resolution of patent infringement matter in the District of Colorado involving methods for downloading multiple software applications from a single server.
· Represented the Complainant in a Section 337 patent proceeding before the International Trade Commission in which Complainant sought and obtained a limited exclusion order based on successful trial of patent infringement claims.
· Represented a foreign company in the pursuit of a patent infringement matter involving the encoding and decoding of data packets in MPEG technology.
· Represented a major manufacturer of cable set-top boxes in complex, multi-district patent and antitrust litigation pending in federal court relating to interactive program guides, and prior to settlement, successfully obtained summary judgment of non-infringement of six of the eight patents-at-issue.
· Represented Verance Corporation in the defense of a patent infringement matter involving digital watermarking technology.
· Represented EarthLink, Inc. in complex, multi-district patent litigation relating to spam blocking technology.
· Represented a manufacturer of cable set-top boxes in the pursuit of patent infringement claims on three different patents relating to Interactive Program Guide technology.
· Represented The Coca-Cola Company in the successful defense of $200 million misappropriation of idea claim.
· Represented The Coca-Cola Company in a number of trademark matters, including trademark infringement and anti-counterfeiting.
· Represented the Jamaican Coffee Industry Board in variety of intellectual property matters, including the successful pursuit of Lanham Act false advertising claim.
· Represented a major dental implants manufacturer in the successful pursuit of multiple false advertising and trademark litigations.
· Represented several major carpet manufacturers in the prosecution of numerous lawsuits for claims of copyright infringement.
· Represented a major pharmaceutical company in connection with various intellectual property issues, including false advertising and Lanham Act issues.
· Represented the Atlanta Committee for the Olympic Games in connection with trademark protection, anti-counterfeiting programs and ambush marketing issues.
· Represented porcelain doll manufacturer in successful defense of trademark infringement claim.
· Represented regional bank in successfully defeating a motion for preliminary injunction in which plaintiff alleged trademark infringement and related common law causes of action.
· Represented merchandise manufacturers such as Rolex and Nike in connection with trademark anti-counterfeiting matters (including ex parte seizures).
· Represented Allied Signal in connection with Lanham Act ex parte seizure of counterfeit containers containing Freon gas.
· Represented Reed Elsevier in connection with ex parte seizure of counterfeit CD-ROMs.
Professional Activities
· American Bar Association
- Litigation Section
- Patent, Trademark and Copyright Section
- Member, Federal Trial Practice and Procedure Committee
· State Bar of Georgia
· Atlanta Bar Association
· International Trademark Association
- Past Member, Meetings Committee
- Past Member, Anti-Counterfeiting Committee
- Past Member, Publications Committee
- Past Member, Editorial Board, Trademark Reporter
Experience
· Duane Morris LLP
-Partner, 2002-present
· King & Spalding, Atlanta, Georgia
-Partner, 1996-2002
-Associate, 1988-1995
Honors and Awards
· Listed in Chambers USA: America's Leading Lawyers for Business, 2009 edition
· Georgia Super Lawyers, 2007 and 2008
Selected Publications
· Co-author, "Can Anti-Counterfeiting Be Cost-Effective?" The National Law Journal, May 12, 1997.
Selected Speaking Engagements
· Participant in mock Markman hearing, Law Seminars International Patent Claim Construction Seminar, Atlanta, April 25, 2008
· Speaker, 13th Annual Intellectual Property Law Institute, San Juan, Puerto Rico, November 7-11, 2007
· Speaker, Practising Law Institute's Patent Litigation 2007, Atlanta, Georgia, November 5-6, 2007
· Speaker, The Corporate IP Institute, Atlanta, Georgia, October 23-24, 2007
· Panelist: "IP Litigation: A View From the Bench," 12th Annual Intellectual Property Law Institute, Cancun, Mexico, November 2-6, 2006
· Speaker, "How Phillips Changes Patent Practice," 11th Annual Intellectual Property Institute, San Juan, Puerto Rico, November 11-13, 2005
· Speaker, "Advanced IP Litigation -- Impact of Knorr-Bremse on Need for and Reliance on Opinions of Counsel in Patent Litigation," 10th Annual Intellectual Property Law Institute, Cabo San Lucas, Mexico, November 12-16, 2004
· Speaker, "Trademark Practice: Current Developments in Domestic and International Practice," 18th Annual Intellectual Property Law Conference, Washington, D.C., April 3-4, 2003
· Speaker, "Strategic Patent Litigation Issues," 8th Annual Intellectual Property Law Institute, Puerto Vallarta, Mexico, November 16, 2002
· Speaker, "Trademarks 101: Fundamentals," International Trademark Association Seminar, Atlanta, Georgia, October 23, 2002
· Speaker, "Mock Patent Trial," American Bar Association's Intellectual Property Litigation Meetings, Seattle, Washington, June 2001
Member: American Bar Association (Litigation Section; Patent, Trademark and Copyright Section; Member, Federal Trial Practice and Procedure Committee); State Bar of Georgia; Atlanta Bar Association; International Trademark Association (Past Member, Meetings Committee; Past Member, Anti-Counterfeiting Committee; Past Member, Publications Committee; Past Member, Editorial Board, Trademark Reporter).
Practice Areas: Intellectual Property Litigation; Intellectual Property Licensing; Patent Litigation; Trademark Litigation; Copyright Litigation; Unfair Competition; False Advertising; Intellectual Property; Licensing.Email: L. Norwood "Woody" Jameson
Rebecca M. Lamberth (Partner) born Louisville, Kentucky, September 12, 1960; admitted to bar, 1985, Georgia; U.S. District Courts for the Northern and Middle Districts of Georgia; U.S. Court of Appeals, Fourth, Seventh and Eleventh Circuits. Education: Vanderbilt University (B.A., summa cum laude, 1982); University of Virginia School of Law (J.D., 1985).
Rebecca M. Lamberth practices in the area of securities and complex commercial litigation. Ms. Lamberth represents public and private companies, including REITs, with extensive experience in complex business and securities litigation, securities disclosure and corporate governance. She has defended companies and corporate officers and directors, lawyers, accountants and other professionals. Her clients include real estate investment trusts, global financial services companies, distributors, law firms, and major insurers and insurance brokers.
Ms. Lamberth also advises public company clients on securities disclosure, corporate governance and D&O insurance issues and represents corporate clients before the SEC. A significant portion of her practice is dedicated to advising and representing lawyers facing potential liability.
Atlanta Magazine named Ms. Lamberth a Georgia Super Lawyer in 2006, 2007 and 2008 and she is a Master of the Joseph Henry Lumpkin American Inn of Court.
Ms. Lamberth is a 1985 graduate of the University of Virginia Law School and a summa cum laude graduate of Vanderbilt University, where she was elected to Phi Beta Kappa.
Areas of Practice
· Securities Litigation
· Commercial Litigation
· Professional Malpractice Litigation
Representative Matters
Trial
· Represented principal defendant in Florida state court trial of numerous fraud and alter ego claims asserted in the wake of a failed $100 million real estate transaction. Plaintiff was a major New York investment fund. Obtained defense verdict on all fraud claims.
· Represented REIT in Maryland state court trial of claims for finders fee on $200 million financing transaction. Obtained reversal of lion's share of plaintiff's verdict on appeal.
· Represented major insurer as plaintiff in South Carolina federal court trial of claims concerning certain business losses sustained by insurer based on cancellation of conference due to Hurricane Hugo. Obtained plaintiffs' verdict on all claims.
· Represented corporate defendant in Georgia federal court trial of claims asserted by sales representative for commissions.
Representative Securities and Shareholder Cases
· Represented a public REIT, the Acquisition Target Company, and certain of its former directors in this class action alleging violations of Sections 11, 12(2) and 15 of the Securities Act of 1933, Sections 14(2) and 20 of the Securities Exchange Act, and ERISA, as well as claims for alleged breaches of fiduciary duty. The Court granted in part and denied in part Defendants' motion to dismiss and granted in substantial part and denied in part Defendants' summary judgment motion. The Court granted Defendants' motions as to all ERISA claims and as to a substantial portion of the securities and breach of fiduciary duty claims. The case settled on terms the client found favorable on the eve of trial.
· Represented a public company in a formal investigation conducted by the Securities and Exchange Commission in the face of two successive financial restatements. This investigation resulted in no adverse findings or action by the Commission and has since been officially closed.
· Represented a public company in litigation filed in the wake of the company's announcement of an internal investigation into potential issues related to the dating of stock options granted to corporate employees.
· Represented a major manufacturer and distributor of towing vehicles and its directors and officers in related state and federal securities class actions alleging violations of the Securities Exchange Act and state Blue Sky statutes. The Tennessee state court dismissed all claims based on our motion to dismiss on behalf of all Defendants, and the Tennessee Court of Appeals affirmed. The Tennessee Supreme Court denied the Plaintiffs' petition for certiorari. The federal court granted our motion for summary judgment and entered judgment for Defendants on all issues, including accounting-related allegations. Plaintiffs did not appeal.
· Represented former officers and directors of failed savings & loan institution sued by the RTC on breach of fiduciary duty claims through early motions practice and discovery. Litigation was resolved on terms clients found favorable.
· Represented former officer, director and major shareholder of failed banking institution sued on breach of fiduciary duty claims. Litigation was resolved on terms clients found favorable.
· Represented various former officers and directors of several additional failed banking institutions sued by FDIC or RTC on breach of fiduciary duty claims. Litigation included extensive motions practice and discovery.
· Represented a public company and several of its officers and directors in class action cases filed in the wake of a substantial stock price drop based on recent newspaper articles. Currently pending in Washington federal court.
· Represented a public company and several of its officers and directors in Illinois class action and shareholder derivative cases filed in the wake of substantial stock price drop following announcement of disappointing earnings results. Litigation predated PSLRA and involved special litigation committee work and report, as well as litigation concerning committee's conclusions.
· Represented a public company in federal class action securities and derivative litigation filed in Georgia in the wake of substantial cost overruns on large project and subsequent stock price drop. Litigation predated PSLRA and involved special litigation committee work and report, as well as litigation concerning committee's conclusions.
· Represented a public company and several of its officers and directors in Maryland class action cases filed in the wake of announcement of strategic merger transaction. Litigation was settled on terms the corporate client found favorable.
Representative Law Firm Representations
· Represented Atlanta office of regional law firm under investigation by federal agency.
· Advised Atlanta office of national law firm concerning potential conflict of interest with existing litigation client concerning potential evidentiary spoliation issues.
· Represented national law firm and partner in Georgia litigation filed by heirs of musical recording artist. Claims asserted include professional malpractice, fraud and conspiracy. Two cases are currently pending.
· Represented major Atlanta law firm in Oregon and Texas litigation filed by former client concerning failed IPO. Claims asserted included professional malpractice, fraud and conflicts claims. Obtained voluntary dismissal of Oregon suit on jurisdictional grounds. Resolved Texas suit on a negotiated basis
· Represented Atlanta law firm in Georgia federal bankruptcy adversary proceeding filed by trustee of law firm's failed client. Resolved suit on a negotiated basis.
· Represented several other major law firms sued by former clients or bankruptcy trustees of former clients, alleging professional malpractice and other theories of liability and claiming as much as $250 million in deepening insolvency damages.
· Hired by numerous major law firms in New York, Texas, Georgia and elsewhere to make a lawyer liability presentations.
· Hired by major New York law firm to review and advise the firm on its internal new Sarbanes-Oxley policy.
· Hired by Association of Corporate Counsel to draft white paper subsequently circulated to entire membership of more than 15,000 in-house lawyers.
Representative Recent Business Cases
· Represented national accounting firm for professional malpractice in Florida state court following failure of accounting firm's rental car company client. Numerous issues concerning the accounting firm's audit and accounting services performed over several years were at issue. Damages alleged exceeded $100 million.
· Was a member of the small group of lawyers working with the Examiner in the Enron bankruptcy to review, analyze and report on all persons and entities under examination, including Arthur Andersen. Work in both respects involved extensive analysis of accounting issues critical to the examination of the SPE transactions
· Represented REIT in defense of a putative class action filed by former Governor Roy Barnes in Cobb County, Georgia concerning REIT's gift card program. Obtained Georgia appellate decisions dismissing all claims asserted under Georgia's Unclaimed Property Statute.
· Represented REIT in defense of litigation contesting REIT's right to further develop the Phipps Plaza property - a major retail mall. This case is currently pending in the Georgia Court of Appeals
· Represented global financial services company in a Michigan state court action filed by investors concerning life insurance policies. Obtained dismissal of all claims asserted against client.
· Represented affiliates of global financial services company in a putative Maryland class action. Obtained stipulated dismissal of all claims.
Professional Activities
· American Bar Association
· Georgia Bar Association
· Georgia Association of Women Lawyers
· ABA Law Firm General Counsel Project Steering Committee
· Master, Joseph Henry Lumpkin Inn of Court
· Atlanta Bar Association
Experience
· Duane Morris LLP
- Partner, 2008-present
· Alston & Bird LLP
- Partner, 1994-2008
- Associate, 1990-1994
· Troutman Sanders LLP
- Associate, 1985-1990
Selected Publications
· Co-author, "Alternative Fee Arrangements: Who's Responsible for Making Them Work? California Litigation, Vol. 22, No. 2
· Co-Author, "Supreme Court Confirms Application of Twombly to All Civil Cases," Duane Morris Alert, May 21, 2009
· "Lawyer Liability and the Vortex of Deepening Insolvency," St. Louis University Law Journal, January 2007
· "Your Company's D&O Policy: Will the Insured v. Insured Exclusion Surprise You?" ACC Docket 24, No. 8, September 2006
· "To Indemnify or Not to Indemnify - Have You Asked the Relevant Corporate Bylaw and D&O Insurance Questions?" The Daily Report, February 6, 2006
· "REITs, Rights and Responsibilities: The Three R's of Executive Liability for Real Estate Investment Trusts," Beecher Carlson Holdings, Inc., November 2005
· "Evolving Theories of Scheme Liability: Does Your D&O Policy Cover Guilt by Association?" Risk Management Magazine, September 2005
· "How Can Corporate Counsel Avoid Getting Caught in the Crosshairs," Association of Corporation Counsel White Paper, September 2005
· "Corporate Scandals: Practical Lessons for Lawyers Representing Issuers," Corporate Governance Advisor, July/August 2004
· "The SEC's New Standard Governing Attorneys' Conduct 'Before the Commission' Adopts an Ambiguous and Perilous Scienter Standard," Mealey's Emerging Securities Litigation Reporter, Vol. 1, 24-32, January 2003
Selected Speaking Engagements
· Speaker, "Firm Counsel Project Roundtable-'This is Privileged, Right?' The Scope of the Privilege for Internal Firm Communications," American Bar Association's Fall 2009 National Legal Malpractice Conference: Identifying Risk in a Changing Law Firm Landscape, Chicago, Illinois, September 24, 2009
· Speaker, "Preparing for Additional Fallout from the Subprime Crisis: Minimizing the Risks Your Firm Could Be Exposed to in the Coming Months," Law Firm General Counsel Summit, New York City, May 1, 2008
· Panelist, "Weathering the Perfect Storm: Securing the Necessary Insurance Coverage and Obtaining Other Protections for Your Company and You to Personally Survive Hurricane Wilma or WorldCom," Alston & Bird LLP Seminar for the ACC America, Embassy Suites Hotel, Cary, North Carolina, April 4, 2006
· Panelist, "How Can Corporate Counsel Avoid Getting Caught in the Cross-Hairs," Alston & Bird LLP and the Association of Corporate Counsel (ACC America), Greater New York Chapter, at Alston & Bird LLP, New York, New York, February 28, 2006
Member: American Bar Association (Law Firm General Counsel Project Steering Committee); State Bar of Georgia; Georgia Association of Women Lawyers; Joseph Henry Lumpkin Inn of Court (Master); Atlanta Bar Association.
Practice Areas: Securities Litigation; Securities Disclosure; Complex Litigation; Professional Liability Defense; Shareholder Derivative Actions.Email: Rebecca M. Lamberth
David M. Maxwell (Partner) born Kansas City, Missouri, August 7, 1964; admitted to bar, 1992, Georgia. Education: College of William & Mary (B.B.A., 1986); Duke University School of Law (J.D., 1992).
David M. Maxwell practices in the area of intellectual property litigation, primarily dispute resolution and counseling in the areas of patents, trademarks, copyrights and related business matters. Mr. Maxwell also assists clients with intellectual property enforcement, licensing and portfolio management.
A member of the American, Georgia, Atlanta and Federal Circuit bar associations, Mr. Maxwell is a 1992 graduate of Duke University School of Law and a graduate of The College of William & Mary.
Areas Of Practice
· Intellectual Property Litigation
· Patent, Copyright and Trademark Disputes
· Intellectual Property Enforcement
Representative Matters
· Represented Defendant-Appellant Electrolux, Inc. in both the trial court and at the federal circuit in defense of patent infringement allegations relating to two United States patents. During discovery obtained for Electrolux what is believed to be the largest sanction ever awarded in the Northern District of Iowa for discovery offenses by opponent. Successfully obtained summary judgment of invalidity of all claims asserted against Electrolux. Maintained the victory on appeal. Maytag Corporation v. Electrolux Home Products, Inc., U.S. District Court for the Northern District of Iowa (2006), U.S. Court of Appeals, Federal Circuit (2007).
· Represented two subsidiaries of Sealed Air Corporation accused of infringing four U.S. patents. Obtained negotiated settlement on behalf of defendants before answer was filed. Frontier Paper and Packaging, Inc. v. Reflectix, Inc., et al., U.S. District Court for the Northern District of Indiana (2007).
· Representing defendants AOL, Netscape, and CompuServe against infringement allegations by Ronald A. Katz Technology Licensing relating to 18 U.S. patents in multidistrict litigation (MDL) in the Central District of California. Ronald A. Katz Technology Licensing v. Time Warner Cable, Inc., et al., U.S. District Court for the District of Delaware; In Re Katz Interactive Call Processing Litigation, Central District of California (ongoing).
· Member of team of lawyers who successfully defended Mohawk against allegations of patent infringement. Obtained jury verdict on Mohawk's behalf after three-week trial. Jury verdict enabled client to continue to make and sell a valuable multimillion-dollar product line. Milliken & Co. v. Mohawk Industries, Inc., et al., U.S. District Court for the District of South Carolina (2004).
· Defended Cryovac, Inc. against claims of patent infringement and obtained summary judgment of patent invalidity of all claims asserted against Cryovac. Ruling enabled client to continue to be the industry leader in a profitable and growing packaging product line. Rock Tenn Company v. Cryovac, Inc., U.S. District Court for the Northern District of Georgia (2005).
· Represented Fortune 20 corporation as plaintiff in a multimillion-dollar arbitration before the American Arbitration Association. Obtained settlement client found favorable on behalf of Company on the eve of the presentation of evidence (2005).
Professional Activities
· American Bar Association
- Intellectual Property Section
-- Subcommittee on Litigation Section
· Georgia Bar Association
· Atlanta Bar Association
· Federal Circuit Bar Association
Experience
· Duane Morris LLP
- Partner, 2008-present
· Alston & Bird LLP
- Attorney, 1992-2008
· General Electric
- Financial Analyst, Treasury and Finance Department, 1986-1989
Member: American Bar Association (Member, Subcommittee on Litigation Section, Intellectual Property Section); Georgia Bar Association; Atlanta Bar Association; Federal Circuit Bar Association.
Practice Areas: Intellectual Property Litigation; Patents; Trademarks; Trade Secrets; Copyrights; Litigation.Email: David M. Maxwell
Scott Mayfield (Partner) born Columbia, South Carolina, November 6, 1961; admitted to bar, 1989, Georgia. Education: Princeton University (B.A., 1985); University of Georgia School of Law (J.D., with honors, 1989).
Scott Mayfield practices in the area of litigation, representing clients in a variety of contractual and business disputes and personal injury and wrongful death claims in both federal and state courts, as well as in alternative dispute resolution such as mediation. Mr. Mayfield has handled disputes regarding breach of real estate and insurance contracts; buy and sell agreements, leases, licenses, service agreements, sale of goods/UCC contracts; express and implied warranties; shareholder, partnerships and employment contracts and related matters such as unjust enrichment, attorney fees, interest, choice of law and forum clauses, conflict of law matters, and post-judgment and collection issues. Other matters include business torts such as fraud, fraudulent conveyance, defamation, product liability, deceptive trade practices, tortious interference with business and contractual relations, UCC, shareholder and partnership disputes, fiduciary claims, discrimination, and wrongful death and slip and fall claims.
Mr. Mayfield began practicing law in 1989 in the general trial practice of a large firm and thereafter co-founded and practiced in a small firm for ten years before joining Duane Morris. He is a member of the American and Georgia Trial Lawyers associations and the Atlanta and Georgia bar associations.
Mr. Mayfield is an Atlanta native. He attended Christ the King School and The Lovett School, returning to The Lovett School after his graduation from Princeton University in 1985 to teach European and American history. He is a 1989 cum laude graduate of the University of Georgia School of Law.
Areas of Practice
· Commercial Litigation
· Personal Injury
Representative Matters
· Trials involving tortious interference, breach of contract, wrongful death, fraudulent conveyance, personal injury and discrimination
· Numerous personal injury cases, including wrongful death
· Representing hotel chain with respect to franchisees
· Representing suntan bed retailer in internal corporate matters and distribution agreements
· Representing acquiring company in sale of a business dispute
· Representing national retailer in dispute with customer
· Representing national corporation in products liability dispute
· Representing broker in brokerage commission dispute
· Representing company in failure to make payments for services provided
· Representing company in failure to make payments for goods delivered
· Representing company in breach of real estate contract for hotel
· Representing company for breach of contract to deliver unique goods for retail
· Representing company for failure to make payments for pharmaceutical drug testing trials
· Representing company in connection with environmental (i.e. CERCLA) issues
· Representing company in employee embezzlement
· Representing corporation in connection with nuclear power plant
· Serving as local counsel in several cases, including class action suit
Professional Activities
· American Trial Lawyers Association
· Georgia Trial Lawyers Association
· The Georgia Bar Association
· The Atlanta Bar Association
- Judicial Nominations Committee
· Certified Mediator
Experience
· Duane Morris LLP
- Partner, 2006-present
· Mayfield, Commander & Pound, LLC
- Partner, 2000-2007
· Mayfield & Milling, LLC
- Partner, 1997-1999
· Peyton S. Hawes, P.C. - Partner, 1995-1997
· Alston & Bird
- Associate, 1989-1995
· The Lovett School
- Teacher, European and American History, 1986
Civic and Charitable Activities
· St. Anne's Episcopal Church
- Vestry member, Executive Committee and Secretary, 2003-2006
· Morris Brandon Elementary School
- Student Council Member, 2006-2008
· Morris Brandon Elementary School
- Teacher, Literary Leaders, 2006-2007
· TopHat Soccer Club
- Coach, 2001-present
· Buckhead Baseball
- Coach, 2005
Member: American Trial Lawyers Association; Georgia Trial Lawyers Association; State Bar of Georgia; The Atlanta Bar Association (Judicial Nominations Committee).
Practice Areas: Commercial Litigation; Business Litigation; Personal Injury; Nuclear Energy.Email: Scott Mayfield
John S. Snelling (Partner) born Orlando, Florida, May 6, 1965; admitted to bar, 1990, Georgia; United States Court of Appeals for the Eleventh Circuit; United States District Court for the Northern District of Georgia; Court of Appeals of Georgia; Supreme Court of Georgia; Superior and State Courts of Georgia. Education: Vanderbilt University (B.A., 1987); Emory University School of Law (J.D., 1990).
John S. Snelling practices in the areas of employment litigation, employee relations counseling, human resources policy development and management training. Mr. Snelling's focus on employment litigation includes employment discrimination and harassment, contract disputes, wrongful discharge and other employment torts. He has experience representing management before federal and state courts and administrative agencies, in labor arbitrations and in private mediations. He also has experience providing daily counsel to clients on compliance with employment laws and regulations, conducting and advising clients on investigations of harassment complaints, conducting management training on employment laws and fair employment practices, developing personnel policies and procedures, advising clients on union avoidance issues and handling union election campaigns. In addition, Mr. Snelling is experienced in settlement negotiation, alternative dispute resolution and negotiation of severance benefits, employment contracts and executive compensation agreements.
Mr. Snelling is a member of the Labor and Employment Law and Litigation sections of the American Bar Association and the Labor and Employment Law and Litigation sections of the State Bar of Georgia. In 2009, Chambers USA: America's Leading Lawyers for Business included Mr. Snelling in its listing of leading labor and employment lawyers in Georgia.
He is a 1990 graduate of Emory University School of Law and a graduate of Vanderbilt University.
Areas of Practice
· Employment Litigation
· Employee Relations Counseling
· Human Resources Policy Development
· Management Training
Representative Matters
· Represented international staffing solutions company on employment litigation in federal and state courts in 37 states.
· Represented the world's largest telecommunications company on employment litigation throughout the southeastern United States.
· Represented a preeminent private University and its healthcare network on employment litigation and advice and counsel on all aspects of employment law compliance.
· Provided daily employment counseling to three of the country's largest hospital networks. Wrote employee handbooks, advised on discipline, discharge and wage/hour issues, and investigated discrimination and harassment complaints.
· Represented auto dealers and dealership groups in responding to union election campaigns, wage and hour complaints, and employment discrimination claims. Appeared in state and federal courts, as well as administrative agencies, including the EEOC.
· Conducted employment audits for automotive dealer groups with more than 80 dealerships across the country to identify potential employment law problems and solutions to reduce exposure.
· Represented international telecommunications company in defense of 100 separate claims alleging failure to promote because of racial and sexual discrimination. Obtained summary judgment on 96 claims and dismissal at trial of the remaining 4 claims. Appellate courts affirmed, and the U.S. Supreme Court denied certiorari, resulting in a complete victory for our client.
· Successfully defended against union certification campaigns and provided union avoidance counseling for a network of 25 local television stations.
· Drafted and implemented drug testing programs for major companies and small businesses in various health care, automotive and manufacturing industries.
· Conducted nationwide sensitivity training and education programs on discrimination and harassment for publicly traded construction company.
· Handled defense of large wage and hour class action for international staffing company involving thousands of individual plaintiffs.
· Represented senior-level executives in drafting and negotiating various employment agreements relating to compensation, severance, benefits, non-compete covenants and other issues.
· Represented worldwide staffing company in case alleging that senior management took inadequate action in response to claims of sexual discrimination of a male plaintiff by a female supervisor. Obtained summary judgment in federal court that was affirmed in the 11th Circuit, which refused to expand the scope of investigation obligations of employers.
· Handled numerous internal investigations into allegations of sexual harassment or other wrongdoing by senior executives, including factual findings, assessment of potential exposure and recommended remedial actions and settlement solutions.
Professional Activities
· American Bar Association
- Labor and Employment Law Section
- Section of Litigation
· State Bar of Georgia
- Labor and Employment Law Section
- Litigation Section
Experience
· Duane Morris LLP
- Partner, 2003-present
· Troutman Sanders, Atlanta, Georgia
- Partner, 1999-2003
- Associate, 1995-1998
· Ford & Harrison, Atlanta, Georgia
- Associate, 1990-1994
Honors and Awards
· Listed in Chambers USA: America's Leading Lawyers for Business, 2009 edition
Member: American Bar Association (Labor and Employment Law Section; Section of Litigation); State Bar of Georgia (Labor and Employment Law Section; Litigation Section).
Practice Areas: Employment Litigation; Labor Relations; Human Resources Policy Development; Management Training; Employment Immigration; Immigration Law; Labor and Employment; Employment Law; Management Labor Law.Email: John S. Snelling
Philip C. Thompson (Partner) born Baltimore, Maryland, October 21, 1945; admitted to bar, 1973, Georgia; Supreme Court of Georgia; Federal District Court, (NDGA). Education: Washington and Lee University School of Law (J.D., with distinction, 1971).
Philip C. Thompson practices in the areas of domestic and international business transactions; mergers and acquisitions; strategic alliances; corporate finance; commercial real estate finance; and securitized finance. He has a diverse transactional practice representing both domestic and international privately held companies, investment funds and private equity firms. He counsels clients in the areas of structuring and negotiating business acquisitions, strategic alliances and private equity financings, as well as cross-border international business matters in a variety of industry sectors with a recent emphasis in alternative energy projects, food and beverage processing, hospitality projects, mixed-use urban development projects and professional sports franchises.
Mr. Thompson also has substantial experience advising boards of directors/managers in private companies regarding the fiduciary duties and corporate compliance and governance. From 1989 to 1991, he served as special counsel to the FSLIC and RTC regarding the analysis, formation and pursuit of D&O liability claims and actions against boards and directors of financial institutions headquartered in the Mid-Atlantic and Southeast regions of the U.S.
Mr. Thompson served a judicial clerkship to the Hon. Chief Judge Walter E. Hoffman, U.S. District Court, Eastern District of Virginia. He is a member of the Business, Real Estate and International sections of the American Bar Association; the State Bar of Georgia; the Lawyers Club of Atlanta (non-active); and has been designated an adjunct professor at both the Goizueta Business School, Emory University and the Robinson Business College, Georgia State University.
Mr. Thompson is a 1971 graduate of Washington & Lee University School of Law, where he was a member of the editorial board of the Washington & Lee Law Review, and a graduate of Washington & Lee University. He is conversant in German.
Mr. Thompson is currently listed in Chambers USA: America's Leading Business Lawyers. He has also been listed in Best Lawyers in America and Atlanta Magazine's Georgia Super Lawyers.
Representative Matters
Mergers & Acquisitions
· Acquisition of stock for cash of a "S" corporation and several qualified Subchapter S subsidiaries who owned and operated retail gasoline and convenience stores in southeast U.S. Size of transaction: $105 million+; Industry: Retail gas and convenience stores.
· Sale of private real estate brokerage firm to a multi-national brokerage firm headquartered in New York and London. (Note: Prior thereto there was a roll-up of several smaller real estate brokerage firms headquartered in the southeast U.S.) Transaction was accomplished through the combination of a stock purchase and a tax-free recapitalization. Size of transaction: $35 million+; Industry: Real estate brokerage.
· Sale of assets of privately owned company headquartered in Atlanta, Georgia and Tampa, Florida, which is a leading supplier of engineered industrial parts to merchant banking firm located in Greenville, South Carolina. (Note: Assisted client with seller side due diligence to include review of operation of production facilities in India.) Size of transaction: $47.5 million; Industry: Manufacturing of engineered machinery parts.
· Representation of private equity firm in private auction to acquire stock of privately held company engaged in the beverage bottling business in the northeast U.S., to include structuring of the offer, together with a private equity firm, and representation of Buyer in connection with certain preliminary due diligence. (Note: Private Auction discontinued) Size of transaction: $135 million; Industry: Soft drink bottling and distribution.
· Sale of assets (loan portfolios) of federally chartered thrift to U.S. affiliate of one of the 5 largest North American financial institutions headquartered in Canada and New York. (Note: Prior thereto I had served as special counsel to client in organizing and structuring a mezzanine loan portfolio in excess of U.S. $175 million.) Size of transaction: $45 million; Industry: Banking & Financial Services.
· Sale of shares of privately held company headquartered in San Mateo, California engaged in the internet customer data research business to a U.S. company headquartered in Plano, Texas and London. Transaction was structured as a merger. Size of transaction: $25 million+; Industry: Data Research.
· Acquisition of workers' compensation insurance business headquartered in Atlanta, Georgia, based upon recapitalization of business sold in an informal insolvency liquidation. Assisted client in structuring offer and in formulation of recapitalization plan. Size of transaction: $5 million; Industry: Workers' compensation insurance.
· Sale of assets located in five states in southeast U.S. by Volvo Construction Equipment North America, Inc., a Delaware corporation, to the U.S. affiliate of a European holding company headquartered in Spain and Portugal. (Note: Transaction required analysis of franchise tax obligations of various facilities of franchisees.) Size of transaction: $100 million+; Industry: Heavy construction equipment & franchising operations.
· Sale of assets of U.S. affiliate of multi-national company headquartered in London to affiliate of U.S. holding company. Size of transaction: $45 Million+; Industry: Security personnel staffing.
· Sale of assets of U.S. affiliate of multi-national company headquartered in the Netherlands to the affiliate of a US chartered bank holding company headquartered in State of New York. Assisted client with analysis and restructuring of securitized receivable financing portfolio, as well as negotiation of all aspects of transaction. Size of transaction: $50 million+; Industry: Temporary office staffing and receivables financing.
· U.S. counsel to a multinational pet food company headquartered in Switzerland in connection with the acquisition and subsequent divestiture of a specialized pet food company located in Atlanta, Georgia, with annual revenues in excess of US $100 million.
· U.S. counsel to a multinational dairy farming company headquartered in Dublin, Ireland, for the period from 1987 through 1992 in connection with the acquisition and development of several dairy farming operations in the Southeast to include corporate organization, international tax planning, private equity and debt financing, and regulatory compliance with the U.S. Food and Drug Administration and Department of Agriculture. Projects totaled in excess of U.S. $200 million.
· Special project finance counsel to multinational Ireland-based dairy farming company in the establishment of "dry lot" dairy farming operations in Saudi Arabia (Riyadh) and Zimbabwe, to include negotiations of special purpose joint venture entities.
· Special U.S. legal counsel to Peter Queally, Chairman of The Queally Group, a multinational meat and vegetable processing company headquartered in Waterford, Ireland, in connection with the acquisition of several cold storage facilities located in the Southeast.
· U.S. legal counsel to a multinational alcoholic and fruit beverage processing, bottling and distribution company headquartered in Nieder-Olm, Germany, in connection with the acquisition and subsequent sale of a privately held soft drink bottling company (Monarch Beverages) headquartered in Atlanta, Georgia.
· U.S. legal counsel to a joint venture comprised of private investors from both the U.K. and Spain in connection with the acquisition of several poultry processing farms and facilities located in Greensboro, Georgia, for the purpose of importing quail stock, farming and processing of specialized quail products in the U.S. and Canada, to include debt and equity financings, licensing and distribution agreements, and regulatory compliance with both U.S. Food and Drug Administration and Department of Agriculture, as well as the Georgia Department of Agriculture (U.S. operations in excess of U.S. $100 million in revenues).
· U.S. counsel to consortium of Irish private equity investors and financial institutions in acquisition of Mathis Dairies, headquartered in Decatur, Georgia; consolidation of business into U.S. operations of existing client and sale to Parmalat U.S. (U.S. $135 million).
· Represent an investment banking company in a joint venture with Cox Broadcasting in the $1 million asset acquisition of a local NBC affiliate station, W04DB-LPTV. Counsel client in the negotiation of a lead on investment and asset purchase agreement as well as filings with the FCC.
· Represented a Web analytics company in its $10 million sale to Keynote Systems, Inc.
Private Equity Transactions
· Restructuring and recapitalization of the Abaco Inn, Elbow Cay, Bahamas, acquired in 2002 from British privately held investment group.
· $5 million (Rule 505, Reg. D) private offering for Georgia corporation to undertake preliminary feasibility analysis and pre-development activity for $50 million resort hotel and recreation facilities complex to be constructed adjacent to Lake Oconee, Georgia.
· Representation of sponsor in formation of affiliate entity to undertake a series of Reg. D private offerings to use capital for infrastructure development of multi-family and single family master development projects in State of Georgia. Transaction was structured as a master loan facility securitized finance transaction.
· Formation of family-limited liability limited partnership to acquire and recapitalize neighborhood shopping center located in metropolitan Savannah, Georgia to include negotiation of mezzanine loan documents and intercreditor agreements.
· Representation of private investors in formation of series of special purpose entities - Georgia and Delaware limited liabilities companies to (A) acquire 5 acres of land in Bronx, New York through a Section 363 sale pursuant to a Chapter 7 bankruptcy proceeding and (B) develop a $110 million+ 268 MW power generation facility. Initially, I represented sponsors in raising approximately $1 million in investment capital (Reg. D private offering) to fund pre-development activity.
· Representation of founding members of a SPE (Delaware limited liability company) to undertake a $10 Million (Rule 506, Reg. D) private offering to raise venture capital to create a third-party rent database back office company, which is to be populated with data provided by various multi-family property owners who are participants in a National Rental Database Exchange.
· Represented Atlanta-based private equity fund in the establishment of $5 million credit facilities with MDC Homes, Inc.
· Represented Atlanta-based private equity fund in a fund-to-fund subordinate equity financing with Columbus Nova Investment.
· Represented a provider of energy services in its $10 million Reg D private offering of LLC units to provide seed capital for its power generation project in New York.
· Represent a real estate brokerage company in its $8 million stock sale to Cushman & Wakefield of Georgia and affiliates. Also advise client in its recapitalization and reorganization.
Real Estate
· Restructuring of senior financing of major mixed-use commercial development project owned by HINES of approximately 26.5 acres of land situated at intersection of I-75N and I-285 adjacent to the Galleria Complex in Cobb County, Georgia. Size of transaction: $25 million.
· Representation of major Atlanta-based development firm in purchase of hotel and retail portions of Cobb Galleria complex in Cobb County, Georgia to include structuring of multi-use high rise buildings. Size of transaction: $100 million+.
· Representation of private investment firm headquartered in Alberta, Canada in acquisition and resale of Perimeter Center, Atlanta, Ga. retail mall complex to major U.S. pension fund. Size of transaction: $100 million+.
· Acquisition of adjoining tracts of raw land in Hancock County, Georgia (near to Lake Oconee) for purposes of development of $250 Million mixed-use resort hotel and recreation facility complex to include gambling casino. Size of transaction: $250 million+.
· Engagement as special counsel to advise private family trust in the restructuring and recapitalization of a U.S. $100 Million portfolio of real estate located in southeast United States.
· Sale of mini-storage facility located in metropolitan Atlanta to Public Storage Corporation as result of private auction on behalf of foreign investor. Size of transaction: $5 million.
· Sale of Class A office building in metropolitan Dallas to major private investment fund on behalf of foreign investors. Size of transaction : $40 million+.
· Acquisition of 400 unit apartment project in metropolitan Atlanta from U.S. pension fund and conversion of the apartments into condominiums. Size of transaction: $10 million+.
· Private auction of 1,000 acres of timberland located outside of Savannah, Georgia for purposes of joint venture development of commercial office project. Size of transaction: $4 million+.
· Structure of private equity fund to acquire 550+ acres fronting on Sea of Cortez in Baja, Mexico, for development as private mixed-use resort and residential project. Size of transaction: $100 million.
· Represented a private equity/commercial real estate firm, whose primary shareholders are German and Swiss residents, in the $10 million sale of its office/self storage facility in Atlanta.
· Represented a commercial real estate firm in its $10 million joint venture development of a 100 acre residential and multi-family project. Provided corporate and tax planning of holding and development entity and the negotiation of LLC agreement structure.
· Represented a provider of energy services in the joint venture development of two $100 million 79.9 megawatt electrical power generation facilities in Bronx, New York.
· Represented commercial real estate development company in the $50 million purchase, pre-development and financing of a mixed-use (residential and hotel) development on 20 acres in Cherokee County, Georgia.
Hospitality
· Restructuring of Omni Hotel Group (1979-1981) Client: Chase, JP Morgan, First Atlantic, CIBC
· Acquisition of hotels and negotiation of franchise agreements (1981-1983) Client: Ritz Carlton Hotel Group
· Acquisition of hotels and negotiation of franchise agreements (1986-1989) Client: Marriott Corporation
· General representation of French-owned hotel development company of North American projects to include negotiation of construction contracts (1989-1992) Client: SEFRI Internationale
· Local representation of Bass Enterprises (UK) of its acquisition of Holiday Inns/PROMUS; negotiation of headquarters facility lease at Ravinia (1989-1991) Client: Bass Holiday Inn
· Negotiation of acquisition of Lenox JW Marriott (1990-1992) Client: SEFRI Internationale
· Negotiation of management agreements with ACCOR regarding Novotel and Sofitel projects in Canada (1990-1992) Client: SEFRI Internationale
· Development of Lenox Holiday Inn Express (formerly Novotel) (1990-1992) Client: SEFRI Internationale
· Representation of several lending institutions in recapitalization of Intown Suites, an extended stay lodging company (1992-1994) Client: Eagle Bancshares & Lehman
· Representation of Indian investor group in the acquisition and recapitalization of the Four Seasons (Grand Hotel), Atlanta, Georgia (1995-1996) Client: Mahmood Khimji, et al., Republic Hotel Group
· Representation of French SPE in the restructuring of hospitality portfolio in North America & Europe (1996-1997) Client: BNP; Paribas
· Representation of investor group in the acquisition of The Abaco Inn at Elbow Cay, Bahamas (1999-2000) Client: Head Investment Group
· Lead project counsel for the acquisition and redevelopment of the Savannah Hilton Hotel (2000-2001) Client: B.C. Partners, Batson-Cook Development Co.
· Private equity structuring of SPE (Passerine at Abaco, LLC) in acquisition of 530 acres on Great Guana Cay, Abaco, Bahamas for mixed-use hotel project (2002-2003) Client: John F. Head III
Professional Activities
· American Bar Association
- Section of Business Law
- Section of International Law and Practice
- Real Property, Probate and Trust Law Section
· State Bar of Georgia
· The Lawyers Club of Atlanta
Experience
· Duane Morris LLP
- Partner, 2004-present
· Arnall Golden Gregory LLP, Atlanta, Georgia
- Partner, 1994-2003
· Dow, Lohnes & Albertson, Atlanta, Georgia
- Partner, 1986-1994
· Jones, Day, Reavis & Pogue (formerly Hansell & Post), Atlanta, Georgia
- Partner, 1973-1986
· United States District Court, Eastern District of Virginia
- Judicial Clerk, Chief Judge Walter E. Hoffman, 1971-1972
· Captain, U.S. Army Reserves
- 1972-1973
Honors and Awards
· Listed in Super Lawyers, Corporate Counsel Edition, March 2009
Member: American Bar Association (Section of Business Law; Section of International Law and Practice; Real Property, Probate and Trust Law Section); State Bar of Georgia; The Lawyers Club of Atlanta.
Languages: German. Practice Areas: Mergers and Acquisitions; Corporate Finance; Commercial Real Estate Finance; Business Acquisitions; Strategic Alliances; International Business Law; Institutional Lending.Email: Philip C. Thompson
Matthew S. Yungwirth (Partner) born Hagerstown, Maryland, May 13, 1973; admitted to bar, 2000, Georgia; U.S. District Court for the Eastern District of Wisconsin; U.S. District Court for the District of Colorado; U.S. District Court for the Northern District of Georgia; U.S. District Court for the Northern District of Florida; U.S. Court of Appeals for the Eleventh Circuit; Court of Appeals of Georgia; Supreme Court of Georgia. Education: Georgia Institute of Technology (B.S., Civil Engineering, 1996); University of Georgia School of Law (J.D., cum laude, 2000).
Matthew S. Yungwirth practices in the areas of intellectual property and commercial litigation with an emphasis on patents, trademarks, and unfair competition. Mr. Yungwirth has represented clients in a diverse range of litigation and licensing matters related to technologies such as digital watermarking, VoIP, wireless LAN systems, digital signal processing and audio recording devices, digital cable set-top receivers and metallurgical casting devices.
Mr. Yungwirth is a 2000 cum laude graduate of the University of Georgia School of Law, where he served as the managing editor of the Journal of Intellectual Property Law, and a graduate of the Georgia Institute of Technology (B.S., Eng.).
Representative Matters
· Represented Fortune 100 computer networking company in a patent litigation matter related to Voice over Internet Protocol (VoIP) technology that resulted in plaintiff voluntarily dismissing his claims with prejudice
· Represented a digital watermarking company in patent litigation matter that resulted in the plaintiff voluntarily dismissing its claims
· Represented Fortune 500 document management company in successful pursuit of injunction against a distributor of gray market goods
· Represented Internet security provider in patent litigation matter involving distributed security service management
· Represented metallurgical process development company in action to protect its intellectual property rights resulting in settlement that the client found favorable
· Represented a cable service provider in a patent litigation matter related to digital cable set-top receivers
· Represented a healthcare products distributor in the successful pursuit of multiple false advertising, trade dress infringement and trademark infringement litigation matters
Professional Activities
· American Bar Association
· State Bar of Georgia
- Intellectual Property Law Section
· Atlanta Bar Association
- Intellectual Property Law Section
· Republican National Lawyers Association
Experience
· Kilpatrick Stockton, LLP, Atlanta, Georgia
- Associate, 2000-2002
· Duane Morris LLP
- Partner, 2009-present
- Associate, 2002-2008
· Georgia Institute of Technology
- Visiting Professor of Public Policy
Civic and Charitable Activities
· Habitat for Humanity - "Buildable Hours" Team Leader
Honors and Awards
· Recognized by Law & Politics and Atlanta Magazine as a Georgia Super Lawyers Rising Star, 2005, 2006 and 2009
Selected Publications
· Co-author, Conservation Subdivisions: Ecological, Landscape, Construction and Legal Applications to Cherokee County, Georgia; published by University of Georgia, Institute of Ecology, Office of Public Service and Outreach, Spring 1999.
· Author, "Supreme Court Rules that 35 U.S.C. § 271(f)(1) Does Not Apply to Software Copied and Installed on Computers Abroad," Duane Morris Federal Circuit Alert, May 1, 2007
Member: American Bar Association; State Bar of Georgia (Intellectual Property Law Section); Atlanta Bar Association (Intellectual Property Law Section); Republican National Lawyers Association.
Practice Areas: Intellectual Property Litigation; Commercial Litigation.Email: Matthew S. Yungwirth
RESIDENT ASSOCIATES
Stephanie Hansen (Associate) born November 4, 1973; admitted to bar, 2005, Georgia. Education: Simmons College (B.A., 1995); University of Georgia School of Law (J.D., 2005) Editorial Board, Georgia Law Review.
Stephanie A. Hansen practices in the area of intellectual property and commercial litigation.
Admitted to practice in Georgia, Ms. Hansen is a member of the Georgia and Atlanta bar associations as well as the Georgia Association for Women Lawyers. She also serves as a volunteer attorney with Georgia's One Child, One Lawyer program, providing pro bono advocacy on behalf of abused and neglected children.
Ms. Hansen is a 2005 graduate of the University of Georgia Law School, where she was an articles editor for the Georgia Law Review, and a graduate of Simmons College (B.A., Economics). Prior to becoming a litigator, Ms. Hansen spent several years in the publishing industry, working in the marketing and publicity departments of both the University of Georgia Press and the University of California Press.
Experience
· Duane Morris LLP
- Associate, 2005-present
· Chambers of Judge Johnson, Superior Court of Georgia, Alcovy Circuit
- Extern, 2003
· Georgia Lawyers for the Arts
- Summer Associate, 2003
Selected Publications
· Co-author, "Alternative Fee Arrangements: Who's Responsible for Making Them Work? California Litigation, Vol. 22, No. 2
Practice Areas: Trial Practice.Email: Stephanie Hansen
Erin P. Harris (Associate) admitted to bar, 2005, Georgia; Georgia Court of Appeals; Georgia Supreme Court; U.S. District Court for the Northern District of Georgia. Education: Florida State University (B.S., magna cum laude, 2001); Georgia State University College of Law (J.D., magna cum laude, 2005) Editorial Board, Legislation Co-Editor, Georgia Law Review.
Erin P. Harris practices in the area of employment law. Ms. Harris has experience in matters involving age discrimination and other employment-related law and litigation.
Ms. Harris is a 2005 magna cum laude graduate of Georgia State University College of Law, where she was on the editorial board and legislation co-editor of the Law Review, and a magna cum laude graduate of Florida State University.
Areas Of Practice
· Employment Law
Representative Matters
· Counsel employers regarding federal and state discrimination and wage laws.
· Assist employers during investigations conducted by the U.S. Equal Employment Opportunity Commission.
· Draft workplace policies and procedures.
· Draft employee restrictive covenant agreements.
· Represented employer in ADEA trial in the Northern District of Georgia, and obtained jury verdict in favor of employer.
Experience
· Duane Morris LLP
- Associate, 2008-present
· Arnall Golden Gregory LLP
- Associate, 2005-2008
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
· "Perdue v. Baker: Who Has the Ultimate Power Over Ligitation on Behalf of the State of Georgia - The Governor or the Attorney General?" 21 GA. ST. U. L. REV., 751 (2005)
Practice Areas: Employment Law.Email: Erin P. Harris
Leah J. Poynter (Associate) born Baton Rouge, Louisiana, August 4, 1970; admitted to bar, 2003, Georgia; Supreme Court of Georgia; Georgia Court of Appeals; Superior Court of Georgia; U.S. District Court for the Northern District of Georgia. Education: Tulane University (B.A., summa cum laude, 1992); Ohio State University (M.A., 1995); Georgia State University College of Law (J.D., magna cum laude, 2003).
Leah J. Poynter practices in the area of intellectual property litigationwith a focus on patent litigation, as well as related technology litigation.
Ms. Poynter is a member of the State Bar of Georgia, the Atlanta and American bar associations, and the Georgia Association for Women Lawyers. She also serves as a volunteer attorney with Georgia's One Child, One Lawyer program, providing pro bono advocacy on behalf of abused and neglected children.
In 2007, Ms. Poynter was recognized with the inaugural Duane Morris Pro Bono Award for outstanding pro bono work. As the award recipient, Ms. Poynter was able to designate a $5,000 firm donation to Georgia's One Child, One Lawyer Program.
Prior to becoming a litigator, Ms. Poynter worked as a writer and editor for the Eisenhower National Clearinghouse for Mathematics and Science Education, a program of the United States Department of Education.
Admitted to practice in all Georgia state courts and the Northern District of Georgia, Ms. Poynter is a 2003 magna cum laude graduate of Georgia State University College of Law, where she was lead articles editor for the Georgia State University Law Review. In 2002-2003, Ms. Poynter served as a judicial intern for the Honorable Justice Carol W. Hunstein of the Georgia Supreme Court. Ms. Poynter holds a Master of Arts degree in French from The Ohio State University and received her B.A. from Tulane University, summa cum laude.
Areas Of Practice
· Intellectual Property Litigation
· Technology Litigation
· E-Discovery Counseling
Representative Matters
· Part of trial team that won jury verdict for a major Internet service provider accused of infringing three patents related to ADSL technology, in which the jury found the patents not infringed and invalid on numerous grounds.
Professional Activities
· American Bar Association
- Intellectual Property Law Section Member
- Litigation Section Member
· State Bar of Georgia
· Atlanta Bar Association
- Women in the Profession Section Member
· Georgia Association for Women Lawyers
Experience
· Duane Morris LLP
- 2005-present
· Alston & Bird LLP
- Associate, 2003-2005
· One Child One Lawyer
- Pro Bono Attorney, 2004-present
Selected Publications
· Author, "Setting the Standard: Section 508 Could Have Impact on Private Sector Web Sites Through the Americans with Disabilities Act," 19 Georgia State University Law Review, 2003
Member: American Bar Association (Intellectual Property Law Section Member; Litigation Section Member); State Bar of Georgia; Atlanta Bar Association (Women in the Profession Section Member); Georgia Association for Women Lawyers.
Languages: French. Practice Areas: Trial Practice; Intellectual Property Litigation; Commercial Litigation.Email: Leah J. Poynter
Toni J. Read (Associate) born North Carolina, 1976; admitted to bar, 2004, Georgia; U.S. District Courts for the Northern and Middle Districts of Georgia; U.S. Court of Appeals, Eleventh Circuit. Education: Duke University (A.B., 1998); University of North Carolina School of Law (J.D., with honors, 2004) Articles Editor, North Carolina Law Review; Order of the Coif.
Toni J. Read practices in the area of labor and employment law. Ms. Read focuses on representing and counseling clients with regard to a wide range of human resources issues and applicable employment laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and the Fair Labor Standards Act. Her practice also encompasses representing clients in litigation, including traditional business disputes, employment discrimination and workplace harassment matters.
Ms. Read is a 2004 graduate, with honors, of the University of North Carolina School of Law, where she was Articles Editor for the North Carolina Law Review and elected to the Order of the Coif, and a graduate of Duke University.
Areas Of Practice
· Employment Law
Professional Activities
· Atlanta Bar Association
- Member, Labor & Employment Section
· American Bar Association
- Member, Labor & Employment Section
Civic and Charitable Activities
· AVLF Saturday Morning Lawyers' Program
· Hands on Atlanta
Member: Atlanta Bar Association (Member, Labor and Employment Section); American Bar Association (Member, Labor and Employment Law Section).
Practice Areas: Litigation; Employment Law; Labor and Employment; Labor Relations; Management Labor Law; Immigration Law.Email: Toni J. Read
Antony L. Sanacory (Associate) born Tonawanda, New York, July 17, 1974; admitted to bar, 2001, Georgia; U.S. District Court for the Northern District of Georgia; U.S. District Court for the Middle District of Georgia. Education: The Pennsylvania State University (B.A., Political Science, with distinction, 1998) Phi Beta Kappa; Duke University School of Law (J.D., 2001).
Antony L. Sanacory is a litigator who focuses his practice primarily in the area of commercial litigation. This practice includes general and complex litigation, alternative dispute resolution and corporate bankruptcy matters.
Proficient in Spanish and Italian, Mr. Sanacory is a 2001 graduate of Duke University School of Law, where he was executive editor of the Alaska Law Review, and a graduate of The Pennsylvania State University (B.A., political science, with distinction) where he was elected to membership in Phi Beta Kappa. Mr. Sanacory studied abroad at the University of Exeter, England and the University of Guanajuato, Mexico.
Areas Of Practice
· Commercial Litigation
· Construction Litigation
· Intellectual Property Litigation
· Reorganization and Liquidation Matters
Representative Matters
· Represented general contractor in dispute arising from the construction of a 550-megawatt power facility
· Represented energy facility operator in dispute over long-term supply contract
· Represented civil contractor in breach of contract action arising from construction of public schools
· Represented patent owner in several patent infringement actions
· Represented lending institutions in negotiating and enforcing secured loan agreements
· Represented manufacturer of extension cords in defense of product liability claims
· Represented national staffing company in various bankruptcy matters including defending preference avoidance actions brought under chapter 5 of the Bankruptcy Code
· Represented debtor Borden Chemicals and Plastics Operating Limited Partnership in chapter 11 reorganization case
Professional Activities
· State Bar of Georgia
· 2003 Emory Bankruptcy Law Symposium, Participant
Experience
· Duane Morris LLP
- Associate, 2003-present
· Jones, Day, Reavis & Pogue LLP, Atlanta, Georgia
- Associate, 2001-2003
Member: State Bar of Georgia.
Languages: Spanish. Practice Areas: Bankruptcy Chapter 11; Liquidations; Business Reorganization; Trial Practice.Email: Antony L. Sanacory
SPECIAL COUNSEL
Mona P. Maerz (Special Counsel) born 1968; admitted to bar, 1999, Frankfurt, Germany; 2000, New York; 2001, Georgia. Education: University of Passau (J.D., 1994); University of Georgia (LL.M., 1997) Author, Thesis, "Gender Discrimination in Employment - A Comparative Study"; Georgia State University College of Law (J.D., cum laude, 2000).
Mona P. Maerz practices in the area of corporate law with a focus on mergers and acquisitions. Ms. Maerz has experience in local, national and international acquisitions and divestitures in a variety of industries, including media, food, chemicals and construction with deal values ranging from $1 million to $4.6 billion dollars. Ms. Maerz frequently advises her clients on a variety of real estate transactions, such as the negotiation of all types of commercial and land leases and the sale or acquisition of commercial properties. Ms. Maerz works closely with her clients' business executive teams and their in-house lawyers to assist them in all matters essential to the successful operation of their business, including corporate structure and governance, complex contract drafting and review, and legal compliance. In addition to advising her U.S. clients, Ms. Maerz has assisted a number of German and European companies with establishing and operating their U.S. businesses in a variety of industries.
Ms. Maerz formerly served as in-house corporate counsel for Cumulus Media, Inc., in which capacity she assisted the general counsel in all legal matters, including contracts, real estate matters, employment matters, FCC compliance and risk management.
Admitted to practice in Georgia, New York and Germany, Ms. Maerz is a member of the Frankfurt Bar Association and the State Bar of Georgia. She is a 1994 graduate of the University of Passau, Germany (J.D.), a 2000 graduate of Georgia State University College of Law (J.D.) and a graduate of the University of Georgia (LL.M.). She is fluent in German.
Areas of Practice
· Corporate Law
· Mergers and Acquisitions
· Real Estate
Representative Matters
· Multibillion-dollar business unit spin-off from client to its shareholders and simultaneous acquisition of company through the merger with a wholly owned subsidiary
· Numerous mergers/sales/acquisitions of radio stations and/or radio companies nationwide for publicly traded client.
· Several leveraged technology buy-outs for small innovative group of professionals, ranging from 3 to 5 million dollars
· 250 million dollar acquisition of resins business by US Fortune 500 manufacturer of chemicals, fibers and plastics worldwide
· Numerous acquisitions of ready mix cement plants and/or companies in the southeastern United States by US subsidiary of international conglomerate, ranging in single deal value from 2 to 7.5 million dollars Acquisition of cut foil lidding division with production and distribution facilities in the United States by Canadian member of global packaging group
· Sale of US image guided surgery business by Scandinavian owned supplier of radiation oncology and neurosurgery solutions
· Acquisition of sports magazine and related business for Georgia based publishing company
· Complex internal corporate restructuring of client with national and international operations, including consolidation of US subsidiaries through mergers, asset distributions and dissolutions
Professional Activities
· State Bar of Georgia
- Member
· Frankfurt Bar Association
- Member
· Advisory Committee of the Pro Bono Partnership of Atlanta - Member
Experience
· Duane Morris LLP
- Special Counsel, 2007-present
· Bunting Legal Group, LLC
- Counsel, 2006-2007
· Cumulus Media Inc.
- Corporate In-House Counsel, 2005-2006
· Jones Day
- Associate, 1997-2004
Selected Speaking Engagements
· Speaker, "Legal Responsibilities of Board Members," Pro Bono Partnership of Atlanta webinar, October 7, 2009
Member: State Bar of Georgia; Frankfurt Bar Association.
Practice Areas: Mergers and Acquisitions.Email: Mona P. Maerz
Minh N. Nguyen (Special Counsel) born Charleston, South Carolina, September 11, 1976; admitted to bar, 2002, Wisconsin; U.S. Patent and Trademark Office. (Not admitted in Georgia). Education: Marquette University (B.S., 1998); Marquette University Law School (J.D., 2002).
Minh N. Nguyen practices in the area of intellectual property law. A registered Patent Attorney with the U.S. Patent and Trademark Office, Mr. Nguyen has experience in drafting and prosecuting electrical, computer and mechanical patent applications. Mr. Nguyen's specific experience includes electronics, electro-mechanical systems, radio frequency systems, call center systems and applications, telecommunication, data networking, application software, aviation systems, business methods, container/packaging systems, conveyor/processing systems, integrated circuits, Internet-enabled systems, spa designs, medical devices, and system testing and measuring (electrical and optical). Mr. Nguyen also has experience in patentability opinions, infringement/non-infringement opinions and licensing.
Before entering the legal profession, Mr. Nguyen was a radio frequency design engineer, designing low power wireless products. In particular, he designed ferrite antennas, superhet receivers and transmitters in both VLF and UHF that are compliant with FCC and EMI/EMC standards.
Mr. Nguyen is a 2002 graduate of Marquette University Law School and a graduate of Marquette University (B.S., Electrical and Computer Engineering).
Areas Of Practice
· Intellectual Property
· Patents
· Trademarks
Professional Activities
· National Association of Asian American Professionals
- Co-Chair, Professional Development, 2006
· Georgia Asian Pacific American Bar Association
- Chair, Volunteers for SE Regional Conference, 2008
- Secretary, 2006
- Board Member at Large, 2004-2005, 2007-present
Experience
· Duane Morris LLP
- Special Counsel, 2008-present
· Thomas, Kayden, Horstemeyer & Risley
- Associate, 2002-2008
Selected Publications
· Co-author, "Nonpublication Requests May Be Traps For Unwary", The National Law Journal, May 10, 2004
Selected Speaking Engagements
· Speaker, U.S. "Patent Laws and Prosecution Procedures," National Office of Intellectual Property of Vietnam, 2007
· Moderator, Panel Discussion at the National Conference of Vietnamese American Attorneys, 2007
Member: National Association of Asian American Professionals (Co-Chair, Professional Development, 2006); Georgia Asian Pacific American Bar Association (Chair, Volunteers for SE Regional Conference, 2008; Secretary, 2006; Board Member at Large, 2004-2005, 2007).
Practice Areas: Intellectual Property; Patents.Email: Minh N. Nguyen
RESIDENT PATENT AGENT
Freddie Hughes, Jr., Ph.D. registered to practice before U.S. Patent and Trademark Office. Education: Berry College (B.S., Chemistry); University of Kentucky (Ph.D., Organic Chemistry).
Freddie W. Hughes, Jr. is a technical advisor for Duane Morris' Intellectual Property Practice Group, in which capacity he assists attorneys with patent prosecution. Dr. Hughes has over a decade of research laboratory experience, including multistep asymmetric synthic organic methodology, organometallic chemistry and medicinal chemistry, along with large- and small-scale purification techniques (chromatography, recrystallization, distillation, sublimation and trituration).
Dr. Hughes is a graduate of the University of Kentucky (Ph.D., Organic Chemistry) and Berry College (B.S., Chemistry). He is a member of the American Chemical Society.
Email: Freddie Hughes, Jr., Ph.D.