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02/15/2008

Ready for Prime Time: Litigation/Intellectual Property Finalist
The American Lawyer
The firm was profiled in in the Litigation Department of the Year bi-annual issue, as one of the Finalists for Intellectual Property. The article highlighted the firm's recent winners for clients EchoStar and Novell. Partners Michael Jacobs and Harold McElhinny were quoted in the article. Partners Rachel Krevans, Michael Jacobs, Brian Busey, Alison Tucher and James Pooley appeared in a group photo.

02/14/2008
Congress Probes Deportation of Disabled U.S. Citizen
Daily Journal
Partner James Brosnahan was quoted in this article discussing the accountability of the Department of Homeland Security, over its deportation, in 2007, of a developmentally disabled U.S. citizen to Mexico.

02/11/2008
For Sale: Sovereign Wealth Funds Stabilize U.S. Financial Sector, but at What Price?
Investment Dealers' Digest
Partner James Tanenbaum was quoted in this article discussing the ongoing shift in global economic power and the sovereign wealth fund.

02/11/2008
Much More Than a Doorstop
Legal Times
Partner Beth Brinkmann was quoted in this article on the ninth edition of Supreme Court Practice being published.

02/06/2008
JDS Uniphase Victory Tops the State's Defense Verdicts
Daily Journal
Partner James Bennett was quoted in this article discussing the firm's successful defense in the JDS Uniphase case.

02/01/2008
High-Yield Bond Sales Have Slowest Start Since 2003
Bloomberg.com
Partner Thomas Humphreys was quoted in this article discussing the current state of the bond sales and a suggested approach companies should take for this fiscal year.

01/31/2008
Lawyers Say Judgment Key to SEC Valuation Update
Ignites
Partner Robert Kurucza was quoted in this article discussing the SEC providing guidance on hard-to-price securities, which play a major role in the subprime crisis.

01/23/2008
20 Under 40
Daily Journal
Labor/Litigation partner Eric A. Tate was named to the Top 30 Under 40 by the Daily Journal newspaper

January/February 2007
Plugging Information Leaks
EContent
Privacy partner Miriam Wugmeister was quoted in this article discussing the challenge that businesses have today of trying to contain and secure confidential content in a high-tech enterprise setting. 

01/31/2007
Warning! What kind of federal consumer-notification law is needed in case of a data-security breach? It depends on whom you ask.
The Wall Street Journal
Financial Services partner Oliver Ireland was quoted in this article discussing data-security breaches and what kind of law Congress should pass when it takes up the issue as expected this year. The discussion was between Oliver Ireland and Gail Hillebrand, a senior attorney in the San Francisco office of Consumers Union.

01/31/2007
IP privilege debate heats up in the Valley
The Recorder
Intellectual property partner Alison Tucher was quoted in this article discussing the Seagate Technology LLC case regarding the waiver of attorney-client privilege.

01/31/2007
20 To Watch Under 40
Daily Journal
Litigation partner Raj Chatterjee was named to the Top 20 Under 40 List by the Daily Journal.

01/29/2007
Morrison & Foerster Profile
Employment Law360
Labor and employment partners Ray Wheeler and Rick Bergstrom were quoted throughout this article profiling Morrison & Foerster’s labor and employment group.

01/29/2007
Federal Circuit To Revisit Work-Product Question
IP Law360
Intellectual property partner Alison Tucher was quoted in this article discussing the impact that the Seagate Technology LLC case regarding the waiver of attorney-client privilege had on EchoStar.

1/29/2007
MedImmune v. Genentech: The Supreme Court Upends the Federal Circuit’s Declaratory Judgment Jurisprudence
Law.com
Intellectual property attorneys Chuck Barquist and Jason Crotty authored this article discussing the significance of U.S. Supreme Court decision MedImmune, Inc. v. Genentech, Inc.

1/25/2007
Sealing Data Security Breaches Offshore
Legal Technology
Privacy attorney Miriam Wugmeister and outsourcing attorney Alistair Maughan authored this article discussing the state of data security legal protections in India.

1/23/2007
Telemarketing Spat Shows Compliance Strife
Compliance Week
Antitrust partner Roger Fones was quoted in this article discussing the differing views of the Federal Communications Commission and the Federal Trade Commission regarding telemarketing.

1/22/2007
Executive Compensation in the Spotlight
San Diego Daily Transcript
Corporate partner Scott Stanton authored this article discussing the SEC’s adoption of changes to the rules governing disclosure of compensation for executive officers and directors of public companies.

1/17/2007
Defending the Despised
San Francisco Daily Journal
Litigation partner Tony West authored this article discussing attorneys representing and defending terrorists and other individuals that most Americans condemn.

1/16/2007
Trademark Registration and the Importance of Incontestability
Andrews Intellectual Property Litigation Reporter
Intellectual property attorneys Jennifer Lee Taylor and Aaron Rubin authored this article explaining the importance of obtaining a federal trademark registration from the U.S. Patent and Trademark Office in order to establish the incontestability of a trademark.

1/12/207
A Setback for Prosecutors in the ‘Enron of Kansas’ Case
The New York Times
Securities litigation partner Adam Hoffinger was quoted in this article discussing the “Enron of Kansas” case.  Mr. Hoffinger represented David Wittig, a former start investment banker, convicted of looting the company he ran, Westar Energy of Topeka.

1/10/2007
High Court Eases Way For Patent Challenges
The Wall Street Journal
Intellectual property partner Chuck Barquist was quoted in this article discussing the significance of U.S. Supreme Court decision MedImmune, Inc. v. Genentech, Inc.

1/10/2007
Firms Surf M&A Wave
The Recorder
Chair of the firm, Keith Wetmore was quoted in this article discussing the rise of M&A deals in 2006.  This rise in M&A deals lifted law firms’ bottom line in 2006.  Morrison & Foerster’s revenue increased 13% and RPL increased 12%.

1/9/2007
Will Funds-of-Funds Reg Impact Other Funds
Ignites
Investment management partner Marco Adelfio was quoted in this article discussing an SEC amendment to disclosure forms regarding the transparency of funds of funds’ expenses becoming mandatory for annual updates.

1/9/2007
Supreme Court Ruling Bolsters Licensee Rights
IP Law360
Intellectual property partner Chuck Barquist was quoted in this article discussing the significance of U.S. Supreme Court decision MedImmune, Inc. v. Genentech, Inc.

1/9/2007
Supreme Court: Justices Mute on Ruling Over Guam’s Longstanding Debt Issuance Dispute
The Bond Buyer
Appellate partner Beth Brinkmann was quoted in this article discussing a U.S. Supreme Court that she argued involving a longstanding dispute between Guam’s attorney general and governor over how much debt the U.S. territory may issue without bumping up against its borrowing limit.

01/04/2007
MoFo Teams closes four-way acquisition for $3.7 billion
The Recorder
Corporate partners Robert Townsend and Jaclyn Liu were quoted in this article discussing the complex ADESA, Inc. transaction worth $3.7 billion. Adesa Inc. was the four way purchase of auto-auction and dealership financing company.   

11/13/2006
Betting Biotech
The Daily Deal
Corporate partner Jay de Groot was quoted in this article discussing that in the third quarter of 2006, biotechnology companies surpassed software startups to become the sector to receive the most venture investment.

11/09/2006
A More Active Capitol Hill
The Daily Deal
Antitrust partner Roger Fones was quoted in this article discussing the congressional midterm elections and what changes we can foresee for corporate America now that the Democrats have taken control of Congress.

11/08/2006
MoFo Takes in $1 Million for Opt-In Deal
Daily Journal
Environmental partner Robert Falk was quoted in this article discussing a multi-million dollar Proposition 65 deal that Morrison & Foerster worked on involving allegedly dangerous beer mugs and other glassware.

Private Equity Firms’ Success Brings Antitrust Exposure
Competition Law 360
11/2/2006
Litigation partner Jonathan Gowdy was quoted in this article discussing how antitrust lawyers need to be mindful of their client’s investment holdings when counseling them to a proposed merger or acquisition.

10/31/2006
Uncertainty on patent rulings could be good for companies
San Diego Daily Transcript
Litigation partner Michael Miller was quoted in this article discussing how Manufacturers try to make generic versions of medication and often sue brand name drug makers by claiming their patents are faulty.

10/31/2006
Gaming the Law
The Hollywood Reporter, ESQ
Business partner Russell Weiss along with other partners from various law firms talk about vast opportunities and significant legal challenges facing the video world.

10/27/2006
Hybrids Still Risky Bets as Market Grows
Reuters
Capital markets partner Anna Pinedo was quoted in this article discussing the changing conditions of the hybrid market, and how hybrids are likely to take a back seat to traditional corporate bonds.

10/26/2006
Some of AG’s Signal Suits May Not Survive
National Law Journal
Environmental partner Michele Corash was quoted in this article discussing Attorney General Bill Lockyer’s aggressive stance on environmental causes, and how things may change once his replacement takes office after the November election.
 

10/22/2006
When Stuffing Stockings, Beware of Presents That Keep on Taking
Los Angeles Times
Financial Services partner Rick Fischer was quoted in this article discussing how bank-issued gift cards often charge hidden fees that the consumer is not aware of.

10/16/2006
Climate Change
The Recorder
Intellectual property partner Tom Ciotti was quoted in this article discussing the rising focus on global warming within the legal community.  The articles goes on to say that several law firms, Morrison & Foerster included, are reacting by forming practice groups that will be targeted to the biodiesel and ethanol manufacturers and chemical companies.

10/16/2006
San Jose Deals New Union Model
Silicon Valley Business Journal
Labor partner Ray Wheeler was quoted in this article discussing a new provision in the labor agreement signed between the Hospital Corporation of America Inc. and the Service Employees International Union. The provision guarantees that HCA will not take advantage of a ruling by the National Labor Relations Board to exclude most charge nurses and possibly other workers in a supervisory role from joining a union.

10/14/2006
New Jersey High Court Rejects Popular Corporate Tax Shelter
The Wall Street Journal
Tax partner Paul Frankel was quoted in this article discussing a ruling by the New Jersey Supreme Court. The ruling states that companies doing business in the state cannot use out-of-state subsidiaries to hold their patents and trademarks as a way to shield profits from state corporate income tax.

10/11/2006
H.P. Could Be a Finger-Pointing Case
The New York Times
Litigation partner Jim Brosnahan was quoted in this article discussing his representation of Patricia Dunn, the former chairwoman of Hewlett-Packard, following the company’s investigation of internal leaks to journalists.

10/10/2006
Securities Litigation
California Lawyer
Securities litigation partner Tony Rodriguez participated in this securities litigation roundtable discussing the Ninth Circuit’s decision in Simpson v. AOL Time Warner Inc.

10/05/2006
Definition of FCRA Terms at Core of High Court Case
American Banker
Financial services partner Rick Fischer was quoted in this article discussing the possibility that the Supreme Court will overturn an appeals court decision regarding the provisions of the Fair Credit Reporting Act.

10/05/2006
Big Jump in Legal Work Expected From New Pension Law
The Recorder
Tax attorney Paul Borden was quoted in this article discussing the expected rise of legal work following the passage of a pension reform law that makes broad changes to employee retirement programs.

10/05/2006
Alternative Listing Centres Prove They Also Can Float
South China Post
Corporate partner Paul Boltz was quoted in this article discussing how Chinese venture-backed companies now have a greater choice of exits to recoup investment and raise additional funds. London, Japan, and Singapore have emerged as destinations for companies launching their IPOs.

10/04/2006
Ruling Keeps Some Nurses From Unions
Daily Journal
Labor partner Ray Wheeler was quoted in this article discussing a ruling by the National Labor Relations Board, which is being referred to as one of the Kentucky River cases. The board held in a 3-2 vote, nurses permanently assigned to run hospital shifts should be considered supervisors.

10/03/2006
Military, Gambling Bills Raise Concerns; Defense Dept. Gets Sole Rule-Writing on Key Lending Provision
American Banker
Financial services partner Oliver Ireland was quoted in this article discussing two bills approved by Congress. The first bill would restrict lenders from offering consumer products to active military members and their dependents that exceed an effective cap of 36% on annual percentage rates including fees. The second bill requires financial services companies to block payments for Internet gambling sites.

10/02/2006
An Attorney’s 23-year Quest for an ex-Beatle
National Law Journal
Litigation partner Dan Marmalefsky was quoted in this article discussing his representation of a professor who is seeking disclosure of FBI files from its surveillance of John Lennon. Mr. Marmalefsky has been working on the case for nearly 25 years.

10/2006
Big Suits
The American Lawyer
Litigation attorneys Mark Ladner and Jun Tsutsumi were named in this article for their representation of Bank of America in its currency conversion litigation. The issue revolved around fees for credit card purchases in foreign countries. Litigation partners Jim Brosnahan and Jack Londen were named for their representation of Rio Tinto in Sarei v. Rio Tinto. The lawsuit was brought against Rio Tinto by residents of a Papua New Guinea island province alleging international humanitarian law violations.

09/29/2006
Attorneys See Different IP Issues in ‘Clean Technology’
Silicon Valley Business Journal
Intellectual property attorneys Tom Ciotti and Mark Schmidt participated in a Q&A session about the wave of alternative energy technologies in Silicon Valley.

09/29/2006
Small Biz: Regulation a Roadblock to Capital
CFO
Capital Markets partner Anna Pinedo was quoted in this article discussing that regulation is the biggest challenge to small businesses that want to raise capital.

09/27/2006
Holmes: Oil Firm Had Shareholders’ Interests in Mind
Law Week Colorado
Corporate partner Whitney Holmes was quoted in this article discussing his representation of TransMontaigne Inc. in its recent purchase by Morgan Stanley Capital Group, and the bidding war that transpired between SemGroup LP and Morgan Stanley, as well as a Federal Trade Commission review.

09/27/2006
An Interview With: Beth Brinkmann
Washington Law Firm Weekly
Appellate partner Beth Brinkmann participated in this Q&A session discussing her experiences and perspectives on arguing before the United States Supreme Court.

9/25/2006
Dunn’s, H-P’s Accounts Differ in Leak Probe
The Wall Street Journal
Litigation partner Jim Brosnahan was quoted in this article discussing his client Patricia Dunn’s account of Hewlett-Packard’s investigation of internal leaks to journalists.

09/21/2006
Top 100: California’s Leading Lawyers
Daily Journal
Litigation partners Jim Brosnahan and Arturo Gonzalez were named to Daily Journal’s list of Top 100 Attorneys in California.

09/18/2006
Biotechs See Big Danger in Patent Rules Changes
East Bay Business Times
Intellectual property partner Michael Ward was quoted in this article discussing a proposal made by the U.S. Patent and Trademark Office to limit a key portion of the patent application process. The proposal is aimed at reducing the patent office’s backlog of more than 700,000 cases by limiting continuations.

09/18/2006
Alternative Income
The Recorder
Intellectual property partner Tom Ciotti was quoted in this article discussing the alternative-energy boom. In the last few years, investors have put in billions of dollars on renewable-energy projects. Mr. Ciotti also discussed the launching of Morrison & Foerster’s Green Tech group, which will consist of IP and finance attorneys.

09/01/2006
Lennon FBI Files Put California Professor on Long, Winding Road
Bloomberg
Litigation partner Dan Marmalefsky was quoted in this article discussing his representation of a professor who is seeking disclosure of FBI files from its surveillance of John Lennon. Mr. Marmalefsky has been working on the case for nearly 25 years.

09//2006
The Fast Track
Inside Counsel
Intellectual property partner Brian Busey was quoted in this article discussing how U.S. businesses involved in patent disputes are increasingly turning to the International Trade Commission.

08/31/2006
Securities Fraud
New York Law Journal
Securities litigation partner Jack Auspitz was quoted in this article discussing the fact that the number of securities fraud class action lawsuits filed in the first half of this year dipped to the lowest total for any six-month period in a decade.

08/30/2006
Papermaker Jolts Japan Inc.
The Wall Street Journal
Corporate partner Ken Siegel was quoted in this article discussing Oji Paper Co.’s failed takeover bid of Hokuetsu Paper Mills Ltd., and the possibility of companies opting in the future for more hostile takeovers.

08/30/2006
Diligence Pays Off
The Recorder
Intellectual property attorneys Tom Ciotti and Mika Mayer were quoted in this article discussing Morrison & Foerster’s venture intellectual property practice, and the groups due diligence work.

08/21/2006
Smokers Could Cough Up Billions for Health Care if Measure Passes
San Diego Business Journal
Antitrust partner Jesse Markham was quoted in this article discussing a proposed tobacco tax that would make California one of the most expensive places in the nation to buy cigarettes.

08/20/2006
How This Bid Won Petco
San Diego Union Tribune
Securities litigation partner Sean Prosser was quoted in this article discussing the future positioning of Petco Animal Supplies, and how they should maximize shareholder value.

08/16/2006
California Lawyers Still Making Deals in Israel
Daily Journal
Corporate partner Bruce A. Mann was quoted in this article discussing the impact of recent instabilities in Israel on deals involving Israeli companies. According to the article, there has been little adverse impact on cross-border business.

08/15/2006
Women Snared by Life-Science Practice
The Recorder
Intellectual Property partner Catherine Polizzi was quoted in this article discussing the increasing number of women in biotech practice. Unlike many other areas of the law, which tend to lose female attorneys, biotech offers women with advanced science degrees opportunities for faster promotion, recognition by colleagues and a high degree of job satisfaction.

08/08/2006
Ruling Lets Islanders Sue British Mine in U.S.
Daily Journal
Antitrust and competition partner Jack W. Londen was quoted in this article discussing a recent ruling by the 9th Circuit of Appeals, which reinstated a human rights case against a British mining company filed under the Alien Torts Act on the behalf of the residents of Bougainville, an island in the Pacific.

08/08/2006
Nasdaq Operational As National Securities Exchange
Compliance Week
Corporate partner Andrew Thorpe was quoted in this article discussing the envisioned effects of the SEC approval of Nasdaq Stock Market’s application to become a self-regulatory organization, separate from NASD. Several regulatory differences are expected to result from the decision.

08/07/2006
Public-TV Station Challenges FCC Indecency Fine
Daily Journal
Communications and media litigation partner Margaret Tobey was quoted in this article discussing a Bay Area public television station’s challenge of an FCC fine for profane words used in a documentary aired during an hour when children could be watching. The suit claims that the FCC’s standards are too broad and are applied in an arbitrary manner, and has the potential to appear before the Supreme Court if the FCC fails to back down.

08/07/2006
Credit Card Lawyer Aids Home Depot’s Bank Plan
Daily Report
Financial services partner L. Richard Fischer was mentioned in this article discussing Home Depot’s and Wal-Mart’s recent attempts to purchase and form their own banks, respectively. These attempts have generated widespread opposition because of their potential to put traditional banks out of business or even hurt the U.S. economy.

07/31/2006
In Date with Mercury, HP Looks Forward, Not Back
The Recorder
Corporate partner Bruce Alan Mann was quoted in this article discussing the details of Hewlett-Packard’s acquisition of Mercury Interactive Corp.

07/27/2006
More Local Firms Entering US Through M&As
The Singapore Business Times
Corporate partner Joseph Anderson was quoted in this article discussing the many opportunities for Singapore-based companies to enter the US market through mergers and acquisitions.

07/27/2006
Hedge Reg U-Turn Renews Competition Concerns
Ignites
Investment Management partner Marco Adelfio was quoted in this article discussing the impact on hedge funds of potential increases in how they are regulated.

07/25/2006
Ruling Threatens Consumer Lawsuits: A State Court Decision Could Void Many Cases Filed Before Proposition 64's Passage
Los Angeles Times
Litigation partner David McDowell was quoted in this article discussing two recent rulings regarding Proposition 64, which amended California’s Unfair Competition Law to require that plaintiffs in unfair-competition suits have suffered personal harm.

07/24/2006
Smoke and Mirrors at SBA: Research Firm Uncovers Large Companies in Agency's
Prime Contracts Database
Washington Technology
Litigation partner Richard Vacura was quoted in this article discussing a finding by an independent research company that some large businesses make their way into the agency’s contracts.

07/23/2006
Court Overturns Hedge-Fund Rule
The Boston Globe
Investment Management partner Marco E. Adelfio was quoted in this article discussing a federal appeals court’s decision to overturn an SEC rule for hedge-fund registration.

07/22/2006
Trainer's Silence Could be Key to Bonds Case
The New York Times
Litigation partner Tony West was quoted in this article discussing Barry Bonds’ trainer Greg Anderson’s refusal to testify before a grand jury regarding Bonds’ use of steroids.

07/21/2006
Judge: No Infringement in Assays Patent Case
IP Law 360
Intellectual Property partner David Doyle was quoted in this article discussing a court decision in favor of General Atomics, which ruled that it had not infringed on Axis-Shield’s patent for enzymatic homocysteine assays technology with substantially identical specifications.

07/20/2006
The Daily Transcript is Proud to Present its Top Attorneys 2006
The Daily Transcript
Litigation partner Don Rushing, energy partner Mark Zebrowski, and corporate partner Jay deGroot were featured in this article highlighting some of the best and brightest attorneys in San Diego from The Daily Transcript’s peer-selected Top Attorneys 2006.

07/20/2006
Court Order Freezes Funds Suspected in Illegal Trading
SignOnSanDiego.com
Litigation partner Sean Prosser was quoted in this article discussing the Securities and Exchange Commission’s decision to freeze a sum of $862,000 it suspects was made through illegal insider trading in Petco Animal Supplies options immediately prior to an announcement of the company’s acquisition.

07/17/2006
Cultural Differences Cause Offshoring Problems
Silicon.com
Technology Transactions partner David Skinner was quoted in this article discussing cultural differences in communication and management styles as the primary difficulty in offshore outsourcing deals.

07/10/2006
Options Gone Wild!; Separating the Flagrantly Illegal from the Merely Slimy
Fortune
Securities Litigation partner Jordan Eth was quoted in this article discussing the different kinds of violations that are being scrutinized as corporate options-backdating.

07/08/2006
Filmmaker Sues U.S. Over Iraq Detention; Cyrus Kar’s Civil Case is Said to be the First to Test the Legality of Pentagon Policies on Detainees
Los Angeles Times
Litigation partner Dan Marmalefsky was mentioned in this article discussing a lawsuit against the United States government for its detention policies in Iraq.

07/07/2006
UCL Suits to Target Illegal Hiring
The Recorder
Litigation partner William Stern was quoted in this article discussing an Orange County attorney’s plans to sue several business owners who hire illegal aliens under the Unfair Competition Law.

07/06/2006
Local Attorney Testifies Before Congress on Whistleblower Ruling
San Diego Source: The Daily Transcript
Labor partner Rick Bergstrom was quoted in this article discussing his testimony before a congressional committee on government reform addressing the impact of a recent Supreme Court ruling regarding first amendment whistle-blowing protections in the workplace.

07/05/2006
What Options Scandal?
Forbes
Corporate partner William Sherman and Litigation partner Eugene Illovsky were quoted in this article discussing the different perspectives in Silicon Valley with regards to the options-backdating scandal.

07/04/2006
After the Abacus: China's Accounting Switch Holds Perils as Well as Promise ASIA: Through its Embrace of Recognized World Standards on Financial Reporting, Beijing Aims to Close a Credibility Gap with Foreign Investors
Financial Times
Corporate partner Robert Woll was quoted in this article discussing the potential impact of China’s recent decision to adopt an accounting system based on International Financial Reporting Standards by January in order to replace its own, which has been widely criticized as opaque and misleading.

07/01/2006
Hui Yuan Illustrates Thirst for Capital
Asian Legal Business
Corporate partner Xiaohu Ma was quoted in this article discussing the challenges of executing a recent set of deals closing a series of convertible bonds and share placements for the Hui Yuan Group.

07/01/2006
Barring Lawyers From the Board
Corporate Board Member Magazine
Corporate partner Bruce Alan Mann was quoted in this article discussing the hesitation to allow lawyers to be board members. Because their input could possibly represent the firm they are working for, lawyers are either rejected from being a board member or they must make it clear that they are not representing their firm.

06/30/2006
AG Makes Deal with Makers to Reduce Lead in Mexican Candies
Associated Press
Environmental partner Robert Falk was quoted in this article discussing a recent settlement with three candy manufacturers which commits them to reduce the amount of lead found in spicy Mexican candies they produce.

06/29/2006
Opinions Tangled in Taxes
San Francisco Chronicle
Tax partner Patrick McCabe was quoted in this article discussing possible employer strategies to protect their employees from personal income taxes and penalties for improperly backdated stock options under a recent tax provision.

06/27/2006
Jury Trial For Inequitable Conduct Not Mandatory
IP Law 360
Litigation partner Jose Patiño was quoted in this article discussing a Federal court’s decision to uphold a District court ruling that a jury trial is not mandatory for issues of unenforceability in patents cases where invalidity is tried by jury.

06/26/2006
Robert's First Term Gave Companies Most of What They Sought
Bloomberg.com
Appellate partner Beth Brinkmann was quoted in this article discussing the Roberts Supreme Court decisions in business cases thus far, and guessing at future decision trends.

06/26/2006
Local Attorneys Concerned About Possible Effects of High Court's Ruling on Employer Retaliation
San Diego Source
Labor partner Rick Bergstrom was quoted in this article discussing possible local effects of the recent Supreme Court ruling to expand protection against employer retaliation in response to charges of discrimination.

06/23/2006
Concerns Raised Over AT&T Privacy Policy
The Washington Post
Privacy and data protection of counsel Charles H. Kennedy was quoted in this article discussing the potential impact of the recent changes to the AT&T privacy policy, which now allows the company to share data about their customers’ phone and online behavior in certain circumstances.

06/23/2006
Brussels Group Collected Finance Records for CIA
NPR, All Things Considered
Financial Services partner L. Richard Fischer was interviewed in this episode of All Things Considered discussing the privacy implications of the government’s monitoring of international banking records through the database belonging to SWIFT, the Society for Worldwide Interbank Financial Telecommunications.

06/23/2006
Authorities Focus on Charges for Fuel, Insurance and Security
Financial Times
Antitrust and Competition partner Roger Fones was quoted in this article discussing the investigation into price-fixing by passenger carriers, which was prompted by an ongoing class action suit against cartel activity in the air cargo sector.

06/23/2006
Bank Data Sifted in Secret by U.S. to Block Terror
The New York Times
Financial Services partner L. Richard Fischer was quoted in this article discussing the potential for banking privacy and due process violations of a government program to fight terrorism through tracking the financial records of an international database.

06/23/2006
Supreme Court Gives Employees Broader Protection Against Retaliation in Workplace
The New York Times
Labor partner Daniel P. Westman was quoted in this article discussing the recent Supreme Court decision that makes it more difficult for employers to punish employees who complain about discrimination or harassment by broadening the definition for retaliatory actions forbidden under Title VII of the Civil Rights Act of 1964.

06/22/2006
Company's Business Plan is Main Factor
The Business Times
Corporate partner Joseph Anderson is interviewed in this article discussing the strengths and weaknesses of different modes of entry into the US market for Singapore companies.

06/22/2006
Envisioning a New Model of IP Licensing: IP Guru Redesigns Yahoo's Approach to Content
The Recorder
Intellectual Property partner Michael Jacobs was quoted in this article discussing Yahoo’s attempts to bring a business sense to the management of its intellectual property assets in order to strategically expand its IP portfolio and capitalize on its contents through joint ventures with other companies and innovative new products. Largely responsible for this marriage of business and IP is Yahoo’s first vice president of IP, Joseph Siino.

06/22/2006
A Behind-the-Scenes Adviser Aids Paper Heirs
The New York Times
Financial Services partner Henry M. Fields was quoted in this article discussing the involvement of former Morrison & Foerster partner Thomas Unterman in the business decisions of the Chandler family, a Los Angeles publishing giant, particularly in its attempts to reverse the recent Times Mirror – Tribune Company merger.

06/19/2006
SPACs Gain Ground In Federal M&A Action; 'Blank-Check' Companies Reach Important Milestones
Federal Computer Week
Corporate partner Larry Yanowitch was quoted in this article discussing the growing activity of special purpose acquisition corporations (SPACs) – “blank-check” companies whose only operation is to raise public money to finance acquisitions – in the federal market.

06/19/2006
Inventor Scores Again in Microsoft Patent Battle
IP Law 360
Litigation partners Charles Barquist and Vince Belusko were quoted in this article discussing a Federal Appeals court ruling against Microsoft in a patent infringement suit.

06/16/2006
Option Scandal Spreading
Business Journal
Securities partner Jordan Eth and Tax partner Paul Borden were quoted in this article discussing the impact of the new IRS rule 409A, which attempts to crack down on fraudulent stock incentive practices, on both public and private companies.

06/16/2006
Federal Circuit Upholds Fujitsu Ruling
IP Law 360
Intellectual Property partner Karen Hagberg was quoted in this article discussing a Federal ruling that Fujitsu, represented by Morrison & Foerster LLP, did not infringe on a university’s patent.

06/16/2006
ITC Increasingly Popular For Patent Litigation
IP Law360
Intellectual property partner Brian Busey was quoted in this article discussing the rise of patent litigation before the U.S. International Trade Commission. Foreign infringers are being investigated more and more by the ITC because they bring speedy results.

06/15/2006
Perjury Probe Sought for Ex-Fannie Officials
The Washington Post
Litigation partner Adam Hoffinger was quoted in this article discussing the perjury charges made against former executives of Fannie Mae by a key House member after their testimony before Congress regarding the company’s accounting practices.

06/15/2006
High-Profile Investor in Japan Said to Be Under Investigation
The New York Times
Corporate partner Kenneth Siegel was quoted in this article discussing the investigation of Yoshiaki Murakami for insider trading. The article questions whether the investigation is based on actual insider trading or if it is occurring because of tightening regulation in Japan.

06/14/2006
Undercut firm files suit over reverse auction
The Recorder
Securities litigation partner Jordan Eth was quoted in this article discussing a lawsuit against plaintiff lawyers for breaching their fiduciary duty. The plaintiff lawyers were suing the board of Tenet Healthcare and are now being sued for settling the case inadequately.

06/13/2006
Analysis-Options Timing Seen Costly for Companies
Reuters
Corporate partner James Tanenbaum is quoted in this article discussing stock option investigations which cause companies to lose money, management time, and their reputation.

06/12/2006
Firms net gains from option woes
Silicon Valley Business Journal
Securities litigation partner Darryl P. Rains was quoted in this article discussing stock option backdating in Silicon Valley. Many companies are being investigated and there is a high demand for attorneys during the investigation process.

06/12/2006
Wall Street News Roundup: Market Fluctuated Between Optimism and Fear in Response to FOMC Minutes
Nikkei
Corporate partner Michael Braun was quoted in this article discussing the optimism and fear that the minutes from a U.S. federal Open Market Committee meeting brought to the table. While some are concerned about the American economy slowing down, others believe it will soon increase because of an abundance of the international money inflow for American companies.

06/08/2006
When deals happen in Vegas, viva Valley lawyers
The Recorder
Corporate partner Timothy Harris was quoted in this article discussing the abundance of work representing public offerings in the gaming industry. Morrison & Foerster attorneys have handled three transactions in Las Vegas in the last few months, proving that the gaming industry will continue to be a recession-proof market.

06/07/2006
Net makes - and breaks – brands
The Recorder
Litigation partner Douglas Hendricks was quoted in this article discussing the difficulty of keeping trademark brands from being everyday terms because of the internet. Because information travels so fast on the internet, CMP Media is having a hard time enforcing trademark rights for the conference Web 2.0.

06/06/2006
Threat Remains Murky, but Businesses Preparing for Bird Flu Outbreak
Associated Press
Labor partner Daniel Westman was mentioned in this article discussing the possible bird flu pandemic. Large companies in the United States are taking drastic measures to prepare for an outbreak if it may occur, however some of these plans could cause possible employment lawsuits and poor risk management.

06/05/2006
Murakami Says He May Be Indicted for Insider Trading
Bloomberg
Corporate partner Kenneth Siegel was quoted in this article discussing Yoshiaki Murakami’s confession to insider trading in Japan. While enforcing the law is good for foreign investors, Siegel is also worried about the possible discouragement that this could bring to legitimate shareholding in Japan.

06/03/2006
Stock options and rigged prices - Silicon Valley firms fear that more could be caught up in scandal
The San Jose Mercury News
Securities litigation partner Darryl P. Rains was quoted in this article discussing back dated stock options that occurred during the technology boom. Several Silicon Valley companies are being investigated for stock option abuses while other companies are reviewing their past option practices to make sure their company will not be investigated as well.

06/01/2006
Government Contracting M&A Persists: War-driven defense shifts prompt industry players to hunt for acquisitions
Mergers & Acquisitions
Corporate partner Larry Yanowitch is quoted in this article discussing the increase in funding and production of military technology. While technology sales seem to be on the rise, equipment sales are declining. There is question about whether this will change when new equipment is needed after the war in Iraq.

06/01/2006
TIPRA Draws Strong Reactions
Accounting Today
Tax of counsel Susan Glen was quoted in this article discussing the new tax reconciliation legislation featuring a number of extenders, tax breaks and revenue raisers.

06/01/2006
Justices consider applying Prop 64 retroactively
The Recorder
Litigation partner David McDowell was quoted in this article discussing whether or not Prop 64 should be retroactive. Some believe current cases should be rejected while others believe Prop 64 should only be applied to future cases.

06/01/2006
Staying Loyal - MoFo's David Doyle looks out for his neighbors in San Diego's biotech community
IP Law & Business
Intellectual property partner David Doyle is quoted in this article discussing his biotech cases in San Diego. Doyle has spent his career defending San Diego companies being sued for patent infringement by larger public companies

06/01/2006
The 100 Most Influential Lawyers in America
The National Law Journal
Litigation partners James J. Brosnahan and Jack Londen were featured in this national list honoring the 100 most influential lawyers in America.

06/01/2006
Top 25 Women Litigators: How They Got There
Daily Journal
Environmental partner Michèle Corash and Intellectual Property litigation partner Rachel Krevans are honored in this feature describing the career paths and recent cases of California’s top female litigators.

05/31/2006
Demand Outstrips New Projects; 3 Buildings Offer Desirable Space, but Most is Already Taken
Crain's
Real estate partner Mark Edelstein was quoted in this article discussing the current building projects and real estate demands in downtown New York.

05/31/2006
Court Will Decide if Tort-Reform Measure Can Be Applied Retroactively
Daily Journal
Litigation partner David F. McDowell was quoted in this article discussing the pending California Supreme Court decision regarding the retroactive application of Proposition 64, a tort-reform measure limiting lawsuits brought under the Unfair Competition Law, Business & Professional Code §17200 to public prosecutors and plaintiffs who have suffered damages.

05/31/2006
SEC Institute Panelists Discuss Staff Reviews and Executive Compensation
SEC Today
Corporate partner Bill Sherman was quoted in this article discussing the developments in SEC reporting as well as the projected impact of its executive compensation proposal on disclosure controls and data mining operations.

05/31/2006
Some Whistle-Blowers Lose Free-Speech Protections
The New York Times
Labor partner Daniel P. Westman was quoted in this article discussing the impact of a recent Supreme Court decision limiting free speech protection for internal complaints, and the decision’s impact on whistle-blowing.

05/30/2006
Whistleblower Ruling Receives Mixed Reviews
San Diego Source
Labor partner Rick Bergstrom was quoted in this article discussing opposing reactions to the Supreme Court decision to restrict free speech protection for employee concerns expressed via internal communication.

05/26/2006
Patent Office Overwhelmed by Bio-Inventions
San Francisco Business Times
Intellectual property partner Mike Ward was quoted in this article discussing the changes to review and follow-up policies being considered by the U.S. Patent and Trademark Office in order to combat a backlog of patent applications, and the adverse impact the proposed changes may have on the biotech industry.

05/19/2006
In New Economy, Patents Untended Are Assets Wasted
Daily Journal
Intellectual property partner Michael Jacobs was quoted in this article discussing the changing landscape of intellectual property, and the importance of properly managed intellectual patent portfolios.

05/19/2006
Patent Lawsuit Reforms Move Ahead on Two Different Tracks
Business Journal
Intellectual property partner Michael Jacobs was quoted in this article discussing the forthcoming changes in rules of the U.S. Patent and Trademark Office and the Supreme Court decision to strike down the automatic injunction rule, and the potential impact they will have on reducing the abuses of patent infringement litigation.

05/19/2006
Westar's Link to DeLay Mess Spurs Low-Key Approach
The Wall Street Journal
Litigation partner Adam S. Hoffinger was quoted in this article discussing Westar’s internal reforms in response to government prosecution of its illegal lobbying activity.

05/15/2006
State's Prop. 65 Authority Stripped Along With Tuna Warnings
Daily Journal
Environmental partner Michèle Corash was quoted in this article discussing a recent California Superior Court ruling regarding federal limits on Proposition 65 requirements for labeling food containing hazardous substances.

05/12/2006
Socially Responsible Investing Does Not Have to Be a Liability
Daily Journal
Corporate partner Susan Mac Cormac was quoted in this article discussing the existence of discretionary room in American law for socially responsible institutional investing.

05/12/2006
Japan Adds to Corporate Crackdown
The Wall Street Journal
Corporate partner Ken Siegel was quoted in this article discussing the Japanese authorities’ actions to raise the country’s level of corporate governance and crack down on business irregularities.

05/09/2006
In Flush Times, Suits Follow Talent out the Door
Daily Journal
Labor partner Scott Silverman was quoted in this article discussing the increased willingness of corporations to sue in order to stop competitors from hiring away executives and engineers in spite of California’s rejection of employment restrictions common in other states.

05/08/2006
Smaller Firms Find Environmental Niche
The Recorder
Environmental partner Michèle B. Corash was quoted in this article discussing the increasing demand for smaller legal firms in routine environmental work, and the remaining monopoly of larger firms in high-stake and global environmental litigation.

05/03/2006
Ed Thomas Asks How IT Departments – and IT Providers – are Handling Their Growing Legal Challenges
Computer Business
Technology transactions partner Alistair Maughan was quoted in this article discussing the growing demand for legal advice in outsourcing contracts in the context of increasing concern about intellectual property and data protection.

05/03/2006
In the Roberts Court, There’s More Room for Argument
The New York Times
Appellate partner Beth S. Brinkman was quoted in this article discussing the changed dynamic of the Supreme Court, both internally and in relation to the attorneys arguing before it.

05/01/2006
Merger Mania Could Create Largest Japanese Firm
Asian Legal Business
Corporate partner Matt Berger was quoted in this article discussing a potential merger that would create the largest Japanese law firm and the increasing demand for Japanese law-qualified attorneys that is prompting the move.

05/01/2006
White-Collar Defense
California Lawyer
Litigation partner Stephen Freccero was a panelist in this roundtable discussion of the new federal requirements for internal investigations and government agencies’ increasing tendency to expect privilege waivers.

 

05/01/2006
CACI Seeks Scale and Depth in Acquisitions; Consolidation Strategy Opens New Doors for Integrator
Federal Computer Week
Corporate partner Larry Yanowitch was quoted in this article discussing CACI’s recent and forthcoming acquisitions responsible for its expansion and increasing appeal to government as a national security management vendor.

05/01/2006
CACI Seeks Scale and Depth in Acquisition; Consolidation Strategy Opens New Doors for Integrator
Federal Computer Week
Corporate partner Larry Yanowitch was quoted in this article discussing CACI International and the emergence back into the acquisition market.

04/30/2006
Cries to Change Patent Law
Baltimore Sun
Intellectual property partner David Doyle was quoted in this article discussing the recent surge in patent law cases to be heard before the U.S. Supreme Court.

04/29/2006
Papers Ponder Sharing Delivery; But MediaNews, Hearst Expect Fierce Newsroom Rivalry

San Francisco Chronicle
Antitrust partner Jesse Markham was quoted in this article discussing MediaNews' $1 billion deal to acquire four newspapers.

04/28/2006
Fibrogen, Astellas Anemia Deal: $300M, Plus $465M in Milestones
BioWorld
TTG partner Jonathan Dickstein was quoted in this article discussing Morrison & Foerster's representation of Astellas Pharma Inc. in its multi-million dollar deal with FibroGen Inc.

04/28/2006
The Most Influential Women in Bay Area Business
San Francisco Business Times
Litigation partner Rachel Krevans was honored in this list featuring the top female business leaders in the Bay Area.

04/28/2006
Brussels Snapshot: Morrison & Foerster
Competition Law360
Antitrust partners Chris Norall, Rony Gerrits and Brad Lui, were quoted throughout this article discussing Morrison & Foerster's antitrust practice with respect to the Brussels office and coordinating the firm's global antitrust campaign.

04/18/2006
Tongue-Tied at the High Court
The Wall Street Journal
Appellate partner Beth Brinkmann was quoted in this article discussing the vocabulary of the U.S. Supreme Court justices.

04/16/2006
The Perjury Evidence Against Bonds
San Francisco Chronicle
Litigation partner Tony West was quoted in this article discussing the Barry Bonds/BALCO scandal, and the evidence that exists against Barry Bonds.

04/11/2006
China Venture Capital Market Booms But Challenges Abound
Reuters
Corporate partner Robert Woll was quoted in this article discussing how the venture capital market in China has improved, as well as what challenges it faces.

04/04/2006
Breaking Intellectual Property's Glass Ceiling
San Francisco Daily Journal
Intellectual Property partners Kate Murashige and Harold McElhinny were quoted in this article discussing the growing number of women attorneys in the intellectual property practice.

04/01/2006
In the Line of Fire
Corporate Secretary
Corporate partner Bill Sherman in quoted in this article discussing the increase of director liability concerns and the role of Sarbanes-Oxley.

04/01/2006
New Wrinkles in Equity/Debt Financing
Inside Finance
Real Estate partner Mark Edelstein was quoted in this article discussing the complexity of financings and the blurring of the lines between equity and debt structures.

04/01/2006
Legal Fight Between Inverness and Acon Labs Ends with a Purchase

MX
Intellectual Property partner David Doyle was quoted in this article discussing the settlement and business transaction between Acon and Inverness.

03/31/2006
State High Court to Hear Appeal on Logging Plan
San Francisco Chronicle
Litigation partner Chris Carr was quoted in this article discussing the California Supreme Court's decision to review challenges by environmental groups and a labor union to Pacific Lumber Co.'s long-term plan for logging in large areas of Humboldt County.

03/29/2006
Debate Heats up Over French Fry Warnings
San Francisco Daily Journal
Environmental partner Michele Corash was quoted in this March 29, 2006 article discussing litigation that would force fast-food restaurants to warn consumers of a potential cancer risk posed by their products.

03/27/2006
Small Firms Wearing SOX on Sleeves
San Diego Business Journal
Corporate partner Scott M. Stanton was quoted in this article discussing the costs of compliance with the Sarbanes-Oxley accounting requirements for smaller public companies.

03/26/2006
Embattled Utah CEO Vindicated
Deseret Morning News
Securities litigation partner Darryl Rains was quoted in this article regarding his representation of Gary Kennedy, former CEO of TenFold, against the SEC. Mr. Kennedy was vindicated of all charges.

03/25/2006
Novel Tactic: Legal experts say complaint in unique use of state Unfair Competition Law
San Francisco Chronicle
Litigation partner Will Stern was quoted in this March 25, 2006 article discussing the book about Barry Bonds alleged use of steroids; and using California's Unfair Competition Law, Business and Professions Code section 17200, to prevent authors and their publishers from profiting from the book.

03/23/2006
State High Court Will Hear Auditor Liability Case
San Francisco Daily Journal
Securities litigation partner Jordan Eth was quoted in this article discussing the California Supreme Court decision to decide whether PricewaterhouseCoopers is liable for aiding and abeting fraud after failing to inform investors that a mortgage company they invested in might have been engaged in fraud.

03/23/2006
Supreme Court Faceoff Nears For eBay, MercExchange
IP Law360
Intellectual property partner Michael Carlson was quoted in this March 23, 2006 article discussing a patent case against eBay which is expected to set new standards for the use of damaging permanent injunctions and what kinds of companies are entitled to them.

03/20/2006
Methods Patents Go to Court
Red Herring
Intellectual Property partner Gladys Monroy was quoted in this article discussing the U.S. Supreme Court case, Laboratory Corp. v. Metabolife Laboratories, a patent infringement case regarding diagnostic methods. The case brings into question whether or not natural phenomena are patentable.

03/20/2006
MoFo M&A Partner Talks about Topping Bids and Other Trends
Mergers & Acquisitions Report
Corporate partner Larry Yanowitch was quoted in this March 20, 2006 article discussing the rising focus on termination fees.

03/17/2006
SEC Proposals on Executive Pay May Shrink Exit Packages
Silicon Valley Business Journal
Corporate partner Bill Sherman was quoted in this article discussing the new rules proposed by the SEC regarding executive compensation, as well as the impact that these rules may have.

03/14/2006
China Beckons San Diego Life Sciences Firms
San Diego Daily Transcript
Patent partner Peng Chen was quoted in this March 14, 2006 San Diego Daily Transcript article discussing the trend of San Diego life sciences firms moving to China.

03/06/2006
High Court Rules for Oil Firms
Los Angeles Times
Litigation partner W. Stephen Smith was quoted in this March 1, 2006 Los Angeles Times article discussing a Texaco Inc. and Shell Oil Co. joint venture ruled on by the U.S. Supreme Court .

03/06/2006
Surf's Up; Cash-rich Strategic Buyers are Under Pressure to Catch the M&A Wave
Investment Dealers' Digest
Corporate partner Bruce Mann was quoted in this March 6, 2006 Investment Dealers' Digest article which discussed the outlook for the 2006 M&A market.

03/01/2006
MedImmune Case: Implications for Licensing Agreements
IP Law360
Litigation partner Michael Carlson was quoted in this March 1, 2006 IP Law360 article discussing the U.S. Supreme Court case, MedImmune v. Genentech.

03/01/2006
Blackberry Case Could Spur Patent-Revision Efforts
The Wall Street Journal
Litigation partner Matthew D'Amore was quoted in this March 6, 2006 Wall Street Journal article which discussed the Blackberry / Research in Motion Ltd settlement with NTP Inc. and how it will continue to spur efforts to revise the U.S. patent system.