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Greenberg Traurig news
Law Firm News | 2007/07/23 10:01


The international law firm Greenberg Traurig, LLP is pleased to announce that its Trademarks and Global Brand Strategies Group has been recognized as the top ranking practice among law firms in three publications:

IP Law360 gave the firm top rankings in its survey of the 250+ largest law firms most frequently hired for trademark litigation in 2006.

Intellectual Property Today ranked the firm first in its annual listing of Top Trademark Firms. The ranking is a result of having the highest number of trademark applications issued in 2006.

NameProtect Trademark Insider ranked the firm first for three consecutive years for the number of USPTO trademark applications submitted. The ranking is a result of NameProtect’s annual reports from 2004, 2005 and 2006.


Between January 1, 2006 and December 31, 2006 Greenberg Traurig’s Trademark and Global Brand Strategies Group handled 148 federal trademark lawsuits; more than triple that of the firm’s closest competitor and an 18 percent increase from the previous year.

“Every member of our team is diligent at keeping current with the issues that regularly face our clients,” said Rick Harris, Shareholder and National Co-Chair of Greenberg Traurig’s Intellectual Property Litigation Practice. “It’s great to receive this kind of positive feedback and reinforcement for our work.”

In addition to these prestigious rankings, Greenberg Traurig’s trademark and global brand strategy attorneys have a significant international presence as they seek to position and protect clients’ valuable brands throughout the world.

Greenberg Traurig brings together a vast network of resources to obtain, monitor, enforce and leverage trademarks and trade dress worldwide. The firm offers a wide range of services in this area of intellectual property, including trademark clearance, licensing or acquisition, registration worldwide, and licensing of rights of publicity (using a name or persona for commercial purposes). Trademark attorneys also work with clients to develop trademark watch services and monitoring programs for their valuable brands, and counsel the clients on global anti-counterfeiting/anti-infringement, anti-parallel trade and other brand enforcement strategies.

Olswang, a London-based law firm with whom Greenberg Traurig has a strategic alliance, has also received similar praise for its trademark team, which is part of its leading Intellectual Property practice. Olswang was recently recognized as "the UK's most active law firm for UK trademark registry filings" by the Institute of Trademark Attorneys. In 2006 the firm increased its filings by 40 percent from the previous year.

Joel Barry, head of the trademark team and partner at Olswang, said, "Our team is going from strength to strength and making a serious impression on the UK legal market. In the last three years the team's size and turnover has more than quadrupled, and in 2006 we filed more UK registry trade mark filings than any other UK firm. Our achievements mirror the success of Greenberg Traurig. Working closely together we offer a truly unique integrated IP offering which appeals to clients and keeps us both ahead of the market."

“While it’s been exciting for us to receive this praise, the feeling has been magnified by the success of our business partners in London,” said Roxanne Elings, a New York Shareholder and Chair of the Trademark Practice in New York. “Our alliance with Olswang has further strengthened our abilities to provide our clients with the resources and counsel they need.”

“We’re delighted that both our trademark group and Olswang’s have received these well-deserved accolades,” said Richard Rosenbaum, National Operating Shareholder. “Their extensive knowledge of trademark matters is unparalleled and we wish the groups continued success.”

About Greenberg Traurig

Greenberg Traurig, LLP is an international, full-service law firm with more than 1700 attorneys and governmental affairs professionals in the U.S., Europe and Asia. The firm is ranked seventh on The American Lawyer's Am Law 100 listing of the largest law firms in the U.S., based on number of lawyers.

Greenberg Traurig serves clients from offices in: Albany, NY; Amsterdam, The Netherlands; Atlanta, GA; Boca Raton, FL; Boston, MA; Chicago, IL; Dallas, TX; Denver, CO; Fort Lauderdale, FL; Houston, TX; Las Vegas, NV; Los Angeles, CA; Miami, FL; Morristown, NJ; New York, NY; Orange County, CA; Orlando, FL; Philadelphia, PA; Phoenix, AZ; Sacramento, CA; Silicon Valley, CA; Tallahassee, FL; Tampa Bay, FL; Tokyo, Japan; Tysons Corner, VA; Washington, D.C.; West Palm Beach, FL; Wilmington, DE; and Zurich, Switzerland. Additionally, the firm has strategic alliances with the following independent law firms: Olswang, London, Berlin and Brussels; Studio Santa Maria, Milan and Rome; and Hayabusa Asuka Law Offices in Tokyo.

www.gtlaw.com


Cold-fX maker sued for $110-million lawsuit
International | 2007/07/23 07:58
CV Technologies, the Edmonton-based makers of flu and cold remedy Cold-fX, has been hit with a $110-million consumer class-action lawsuit.

Marking the latest setback for the besieged biotech company, the lawsuit was filed in Ontario Superior Court in Toronto by two law firms, Siskinds LLP of London, Ont. and Sutt Strosberg LLP of Windsor.

The action, based on Ontario's new investor legislation, arose from CV Tech's June restatement of finances, after it was discovered earlier this year that U.S. sales of lead product Cold-fX were vastly inflated.

The suit was filed by two investors on behalf of any Canadians who acquired CV Technologies (TSX:CVT) shares between Dec. 11, 2006 and June 2007.

Also named in the action are CV Tech president Jacqueline Shan, directors Gordon Tallman and Harry Buddle, who signed the company's financial statements, and the corporation's auditors, Grant Thornton LLP of Edmonton.

Lawyer Jay Strosberg said it is alleged that CV Tech's financial statements were misleading. Strosberg, who specializes in class-action litigation, said his firm received a number of calls from shareholders. "They were concerned at the decrease in share price. We decided to investigate."

The two legal firms have set up a website with information for shareholders who may want to join the action, www.coldfxclassaction.com.

"Investors and members of the public expect that a company's financial statements can be relied upon at all times. Our goal is to prosecute this class action and seek meaningful compensation for the class members."

CV Technologies and the other named defendants have not yet been served with copies of the action and no court date has been set.

"It's going to be an interesting road," Strosberg said.

Dimitri Lascaris, a lawyer with Siskinds', said investors deserve relief when they suffer losses due to inaccurate information.

"Our securities laws must have teeth if the investments of Canada's working families are to be protected."

Officials with CV Technologies did not immediately return a phone call seeking comment today.

Typically, such actions can take years to wind their way through the legal system or reach settlement.

This is the second time that Ontario's investor protection legislation has been used in a court case. The first proposed class action, currently before the courts, was brought against Imax Corp., also filed jointly by Siskinds LLP and Sutts Strosberg LLP.

CV Technologies has had a rough ride in recent months. On June 12, the company resumed trading on the TSX for the first time since April, when regulators in Alberta, B.C. and Ontario slapped cease-trade orders against the company.

On June 14, the company filed restatements of previously reported financial statements for the year ended Sept. 30, 2006, and the quarters ended Dec. 31, 2006, and March 31, 2007. The company restated 2006 sales at $41.4 million, compared to the originally reported revenue of $47 million.

The company is restructuring and has hired a new COO. Following the disappointing launch of Cold-fX in the U.S. market, the company's vice president of sales resigned.

CV Technologies shares closed Friday's session up a penny to $1.02. Its 52-week trading range has been between 60 cents and $1.15.



U.S. District Court Final Approval of Settlement of Class Action
Class Action | 2007/07/23 07:00

Copernic Inc., (the "Company"), (NASDAQ: CNIC), formerly Mamma.com Inc., previously announced on March 8, 2007, that an order by the U.S. District Court for the Southern District of New York in the consolidated securities class action was filed preliminarily approving the proposed settlement of the class action.

The court has approved the settlement following a hearing on July 9, 2007, at which time the Court heard from all parties before concluding that the settlement is fair and all procedural requisites were met.

As a result, all claims asserted in the class actions against the Company and the individual officer defendants have been resolved, with the exception of three shareholders who have indicated they will exclude themselves from the settlement so as to preserve rights to maintain separate actions should they elect to do so. The amount paid into escrow, along with any interest earned, will be distributed as provided under the settlement to pay class members, plaintiffs' attorney fee, and the costs of claims administration.



Poyner & Spruill Named Top Law Firm in the Triangle
Legal Marketing | 2007/07/22 12:00
For the third year in a row, Poyner & Spruill LLP, one of North Carolina’s oldest and largest law firms, was named by Metro Magazine readers as the best general law firm, receiving the “Standing Ovation” award.

The magazine’s popular “MetroBravo” winners are highlighted in the July issue. Over 2,000 readers cast their ballots in over 250 categories including the area’s best professional services.

About Poyner & Spruill
Poyner & Spruill LLP is a large, multidisciplinary North Carolina law firm, providing a comprehensive range of business and litigation legal services. The firm has a reputation for professional excellence and client service throughout the Southeast. Poyner & Spruill is one of the largest firms in North Carolina and has offices in Charlotte, Raleigh, Rocky Mount, and Southern Pines. To learn more visit www.poynerspruill.com.


Democrats Continue Push for Iraq Troop Withdrawal
Politics | 2007/07/21 15:53
Sen. Harry Reid offered his cooperation in December when the Iraq Study Group unveiled its recommendations with a plaintive call for a bipartisan effort to change the course of the war. "Democrats will work with our Republican colleagues," promised the Nevada Democrat and soon-to-be majority leader, just weeks after an election that swept Democrats into the congressional majority on a wave of public frustration over Iraq. Eight bitter months and nine major Iraq-related votes later, the meaning of Reid's pledge has come into sharp focus: Democrats will work with any GOP lawmaker willing to vote for a mandatory troop withdrawal; other Republicans need not apply.

This bellicose, uncompromising legislative strategy — on display again this week as Reid refused to allow votes on nonbinding GOP-backed Iraq proposals — has been an obstacle to any real bipartisan compromise on the war all year. And it effectively ended any chance that a significant number of Republican lawmakers critical of the war would join with Democrats this summer on any Iraq-related legislation.

The Democratic strategy has yet to yield many tangible results. Just eight of the 250 Republicans in the House and Senate have joined with Democrats calling for a withdrawal.

And President Bush has shown no sign of retreating from his troop buildup, which has boosted the U.S. force in Iraq to 158,000.

But Reid's approach reflects a simple calculation by senior Democrats about how to force a president they see as stubborn to begin winding down U.S. military involvement in Iraq.

Reid and his allies, enraged by years of being brushed off and belittled by the White House, do not believe the president will respond to legislation that merely urges, rather than orders, a new course, even if it is backed by substantial numbers of congressional Republicans.

"The president doesn't take advice," said Sen. Charles E. Schumer (D-N.Y.), chairman of the Democratic Senate Campaign Committee and an architect of the current strategy.

Instead, in the face of continued defiance from the White House, Democrats in the House and Senate are focusing their efforts on making their Republican colleagues as uncomfortable as possible in the belief that that is the only way to get through to the president.

All year, Democrats have forced GOP lawmakers to vote on withdrawal proposals, betting that with each vote Republicans who back the president will feel the renewed rage of voters at home.

Democrats hope that, in turn, will drive Republicans to pressure the president to abandon his Iraq strategy or risk ruining the party's election prospects in 2008.

Since January, Senate Democrats have orchestrated nine major votes on measures designed to change course in Iraq; House Democrats have arranged for four.

Every proposal but one has died in the Senate, where Republicans have used that chamber's rules to block the measures.

(An emergency war spending bill with a withdrawal timeline passed but was vetoed by the president in May.)

This week, the latest proposal, which would have required that most troops be out of Iraq by April 30, died as Democrats failed to reach the 60-vote supermajority needed to cut off debate.

At the same time, Reid stunned Republicans when he shut down votes on alternatives that would have given them opportunities to back less forceful measures. The move locked a political escape hatch for GOP lawmakers, denying them opportunities to tell their constituents that they voted for legislation calling on the president to change course.

One measure — backed by Republican Sens. John W. Warner of Virginia and Richard G. Lugar of Indiana, both widely respected experts on national security — would have required the president to plan for a withdrawal, but would not have required the Bush administration to implement the plan.

A second proposal, which had collected six Republican and eight Democratic co-sponsors, would have called on the president to implement the 79 recommendations of the Iraq Study Group, including a new diplomatic initiative in the Middle East. However, it too would not have required a change in course.


Court grants evidence to Guantanamo lawyers
Breaking Legal News | 2007/07/21 11:53
A federal appeals court on Friday ruled lawyers for Guantanamo prisoners should have access to nearly all government evidence so they can challenge detainees' designation as "unlawful enemy combatants." The unanimous ruling by a three-judge panel of the U.S. Court of Appeals in Washington was a blow to the Bush administration's attempt to limit the lawyers' access to only the evidence presented to a U.S. military tribunal that made the determinations. The ruling came on the same day President George W. Bush ordered the CIA to comply with Geneva Conventions against torture in dealing with detainees held at Guantanamo Bay, Cuba and secret CIA prisons elsewhere.

"Contrary to the position of the government, the record on review consists of all the information a tribunal is authorized to obtain and consider," the court ruling stated.

The court also ruled that detainees' lawyers should have access to classified information relating to clients' cases. "Certain highly sensitive information" may be withheld from the lawyers, but not from the court, the judges ruled.

Lawyers for the detainees argued in mid-May that being able to review all documents compiled by the U.S. government, not just those presented to the military tribunal, could help them clear the detainees, some of whom have been jailed for more than five years.

There are about 385 detainees at Guantanamo, which was set up to handle prisoners captured by the United States following the September 11 attacks.

U.S. government attorneys have argued that any evidence that could help clear prisoners would have been turned over to the military tribunal that made the "unlawful enemy combatant" determination.

In rejecting that argument, the court ruled that an adequate review of the tribunal's determination cannot be made "without seeing all the evidence, any more than one can tell whether a fraction is more or less than one-half by looking only at the numerator and not at the denominator."

The court also rejected the government's position that lawyers should only have one eight-hour visit to Guantanamo to obtain approval from a prisoner to represent him.

The judges said a second visit would allow the lawyer "time to earn the detainee's trust."

Democrats in Congress are considering legislation calling for closing the Guantanamo prison, arguing indefinite detentions and allegations of prisoner mistreatment, which the military denies, is hurting the United States' reputation abroad and stoking potential acts of terrorism.



Court Turns Down Qualcomm Appeal
Intellectual Property | 2007/07/21 10:56

A federal court on Friday dismissed a request by Qualcomm Inc. to delay an import ban on new cell phones containing the company's chips, which were were found to infringe patents held by Broadcom Corp. The decision comes a day after Verizon Wireless cut a deal with Broadcom that analysts said makes it less likely the Bush administration will overturn the ban, as Qualcomm has urged. The U.S. Court of Appeals for the Federal Circuit said it did not have jurisdiction to consider Qualcomm's request, because the import limits are still under review by the Bush administration. The administration has until August 6 to decide whether to veto the import limits.

The U.S. International Trade Commission imposed the ban June 7 after ruling that San Diego-based Qualcomm's chips infringed a Broadcom patent on battery power-saving technology.

The court "made no determination of the substantive merits" of Qualcomm's appeal, said Emily Kilpatrick, a spokeswoman for the company. Qualcomm will renew its appeal and seek a delay in the ban after Aug. 6 if the administration does not reverse the import limits, she said.

The ITC's ruling allows the importation of cell phone models available as of June 7, but bans new models with infringing chips. The ruling will limit the availability of cell phones compatible with high-speed wireless data networks built by Verizon Wireless, an affiliate of Verizon Communications Inc., Sprint Nextel Corp. and AT&T Inc.'s wireless division.

Mobile phone makers LG Electronics Inc., Motorola Inc. and Samsung Electronics Co. will also be hit. The wireless carriers and phone manufacturers joined Qualcomm's appeal and the carriers have also supported its lobbying efforts in Washington.

But in an additional blow to Qualcomm, Verizon Wireless yesterday withdrew its support after striking a deal with Broadcom to license its technology. Verizon Wireless agreed to pay Broadcom $6 for each phone with an infringing Qualcomm chip, up to $40 million a quarter or $200 million over the life of the agreement.

Rebecca Arbogast, a telecommunications analyst at investment bank Stifel, Nicolaus & Co. Inc., said Verizon Wireless's move "substantially reduces the chance there will be a presidential veto."

Verizon Wireless was a driving force behind the wireless carriers' efforts in support of a reversal of the ban, Arbogast said.

The company is a member of CTIA, the wireless industry's top lobbying group, which has urged the administration to overturn the ITC's ruling. John Walls, vice president for public affairs, said CTIA still supports a presidential veto.

The deal between Broadcom and Verizon Wireless also demonstrates that a commercial solution to the dispute exists, Arbogast said.

Presidential vetoes of ITC decisions are rare, with the most recent in 1987, an ITC official said last month. The White House will defer to the recommendation of the Office of the U.S. Trade Representative, as it has on ITC rulings since 2005.

Meanwhile, five Republican members of the House Energy and Commerce Committee wrote U.S. Trade Representative Susan Schwab July 12 in support of a veto.

The ITC's order "will stifle the efforts of wireless carriers to deliver cutting-edge technologies to American consumers," said the letter, which was signed by Reps. Joe Barton of Texas and Cliff Stearns of Florida, among others.

New York Democrats Rep. Charles Rangel and Sen. Charles Schumer also wrote administration officials last week against the ban.

Broadcom's chief executive Scott McGregor said Thursday that Qualcomm "appears...to have bet their future...on their political lobbying skills."



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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