In the News

Louis R. Moffa, Jr., Speaker at ImmigrationWorks 4th Annual Summit

abuechner@mmwr.com () — Wed, 25 Aug 2010 12:00:00 GMT

Montgomery, McCracken, Walker & Rhoads, LLP partner Louis R. Moffa Jr. was a featured speaker at ImmigrationWorks Northwest Summit, a conference held recently in Seattle, WA. Moffa co-presented a segment entitled "In the States: Arizona, Arizona copycats and the U.S. Supreme Court." The event which was sponsored by ImmigrationWorks USA and the U.S. Chamber of Commerce drew 150 employers who rely on immigrant workers for their small to medium-sized business owners, including high-tech, the service sector, agriculture and seasonal businesses.

Moffa is a partner in the firm's Litigation Department and is resident in its Cherry Hill office. Moffa's litigation practice includes commercial and construction contracts, civil rights and constitutional torts, business torts, shareholder disputes, employment discrimination and wrongful termination, immigration and products liability. He has extensive experience in the area of state and local public bidding and contracting.

So, You Want a Career in Criminal Law?

abuechner@mmwr.com () — Fri, 13 Aug 2010 12:00:00 GMT

Montgomery McCracken criminal defense lawyer, Ellen C. Brotman, editor of "Careers in Criminal Law," a publication of the American Bar Association

Montgomery McCracken partner Ellen C. Brotman is the editor of the American Bar Association publication "Careers in Criminal Law," a compilation of articles authored by defense attorneys, prosecutors and judges from across the United States. Brotman describes the book as "a sampler of criminal law career journeys presented by a group of authors with at least one thing in common: their commitment to justice." Organized into five sections: Defense; Prosecution; Judging; Re-Entry, Prisoner Advocacy; and Specialties: Outside the Box, this book seeks to give the reader a sense of career choices in criminal law.

A 20-year criminal defense lawyer veteran, Brotman is a partner in Montgomery McCracken's Government Investigations and White Collar Crime practice. Her work, which often involves complex trial, sentencing and appellate issues, concentrates on government investigations and white collar crime and representation of attorneys before the Disciplinary Board of the Pennsylvania Supreme Court. She is a frequent lecturer and member of numerous industry associations and committees. Brotman is the co-author of a professional conduct article which appears monthly in The Legal Intelligencer.

MMWR partner, Christopher D'Angelo, Moderator at IADC Annual Meeting

abuechner@mmwr.com () — Fri, 30 Jul 2010 12:00:00 GMT

Christopher Scott D'Angelo was the Moderator for the program, The Latest Trends in Europe . . . and Their Implications in the U.S. that was presented at the International Association of Defense Counsel's Annual Meeting in Barcelona, Spain in July, 2010. The program addressed the latest trends in the law in Europe, such as proposals for class actions or collective redress, privacy issues and reforms of Brussels I, and their effect in the U.S. and elsewhere around the world. Considering the new treaty and a new Parliament, and the activities of the Commission and the various Directorates General, the program examined the latest trends and where they are projected to go, how to influence their path, and the implications for business, liability and litigation in the EU and the U.S.

The IADC is the oldest and most prestigious international organization of attorneys representing major corporations and insurers. Its activities benefit not only the approximately 2500 invitation-only, peer-reviewed members and their clients through networking, education, and professional opportunities, but also the civil justice system and the legal profession. Moreover, the IADC takes a leadership role in many areas of legal reform and professional development.

Christopher Scott D'Angelo is a partner in the Litigation Department at Montgomery, McCracken, Walker & Rhoads, LLP and is Chairman of its Products Liability & Mass Torts Section and Vice Chairman of its Sports, Entertainment & Amusements Law Practice. His practice emphasizes litigation and preventive counseling in the fields of business and business torts, intellectual property, class actions, and products liability, including in his role as national counsel for several major U.S. clients and his representation of foreign concerns in the United States and United States concerns abroad, as well as litigation and other matters in the probate courts. Mr. D'Angelo is a member of The American Law Institute and several of its Members Consultative Groups, a member of the International Association of Defense Counsel (where he served on the Board of Directors and as Chairman of its Business Litigation Committee and Vice Chairman of its International Committee), a member of the Product Liability Advisory Council (where he served on its Executive Committee), a member of the Defense Research Institute (where he served as the Chairman of its International Law Committee and as Co-Chairman of its European Corporate Outreach Committee), the Federation of Defense & Corporate Counsel (where he serves on its Corporate Counsel Symposium Committee), and of the International, American, Pennsylvania and Philadelphia Bar Associations.

Mr. D'Angelo is listed in Who's Who in America, Who's Who in American Law, and Who's Who in the World, and in The International Who's Who of Commercial Lawyers, The International Who's Who of Product Liability Lawyers and the International Who's Who of Trademark Lawyers.

Mr. D'Angelo is a frequent speaker and author on a range of law-related matters. His presentations have involved such topics as products liability and business litigation, multi-national litigation, privacy issues, information and documents management, and issues involving the internet and the use of the internet in litigation and investigations.

Mr. D'Angelo received both his B.A. with distinction and with Honors in History (1975) and his J.D. (1978) from the University of Virginia.

Deepwater Horizon Oil Spill Disaster, Subject of ABA-Sponsored Webinar

abuechner@mmwr.com () — Thu, 22 Jul 2010 12:00:00 GMT

Montgomery McCracken Environmental Law Partner Tim Bergère a Panelist.

Montgomery McCracken partner Timothy J. Bergère was one of four nationally-recognized attorneys selected for a panel discussion on legal issues arising from the Deepwater Horizon oil spill disaster. The much-anticipated and well-subscribed presentation, entitled "Deepwater Horizon Oil Spill - The Legal Fallout" was sponsored by the ABA Tort Trial & Insurance Practice Section (TIPS). Bergère addressed legal challenges faced by the designated responsible parties arising from the many law suits and parallel civil and criminal investigations surrounding the Gulf oil spill, the pursuit of damage and cleanup cost claims before the National Pollution Fund Center, and cost control issues associated with disaster response actions.

Bergère is chair of Montgomery McCracken's Environmental Law Practice. For over 25 years his practice has included representing governmental and private parties in all aspects of environmental counseling and litigation. Bergere has served as lead environmental counsel in numerous business, financial and real estate transactions, and has extensive experience in spill response and natural resource damage assessments, as well as managing environmental issues associated with plant explosions and other significant casualty events. Bergère continues to work on the legal team representing the ship-owner interests in the Athos I incident on the Delaware River in 2004, which recovered over $88 million from the National Pollution Fund Center under OPA ‘90. Prior to the Gulf Oil spill, the Athos I incident was the most expensive oil spill response in US waters post-Exxon Valdez.

Cooper Health System General Counsel to Rejoin Montgomery McCracken

abuechner@mmwr.com () — Wed, 21 Jul 2010 12:00:00 GMT

Joel B. Rosen Rejoins Firm's Partnership

Montgomery McCracken chairman Richard L. Scheff announced today that Joel B. Rosen, general counsel for The Cooper Health System and former Montgomery McCracken partner will rejoin the firm's Cherry Hill, New Jersey office on September 7, 2010 to resume a robust ADR, commercial litigation and internal investigation practice. At that time, Rosen will also become a member of The Cooper Health System's Board of Trustees where he will continue to participate in that institution's important mission.

Rosen is a retired United States magistrate judge whose judicial career spanned nearly twenty years. A broad knowledge of civil and criminal process and procedure in both the federal and state venues, Rosen served as an assistant United States attorney and was the attorney-in-charge of the United States Attorney's Office in Camden, New Jersey.

"The timing is perfect," commented Scheff. "The economy is driving clients to pursue less expensive dispute resolution whenever possible. Joel was highly sought after as a mediator and has mediated literally thousands of cases over his judicial and private practice career. This reunion is mutually beneficial and we are welcoming Joel back to the partnership with open arms."

Rosen is a member of the Disciplinary Oversight Committee of the New Jersey Supreme Court. He is the former president of the United States Magistrate Judges Association. He is admitted to practice in Pennsylvania, New Jersey, the United States Court of Appeals for the Third Circuit, the United States District Court for the District of New Jersey, and the United States District Court for the Eastern District of Pennsylvania.

Rosen is the recipient of many distinguished service awards, including the Hon. Joseph M. Nardi, Jr. Distinguished Service Award, conferred by Rutgers School of Law - Camden, 2004 and the Rev. Martin Luther King, Jr. Champions for Social Justice and Equality Award, conferred by the Black Law Students Association of Rutgers School of Law - Camden, 1999. Rosen was the 2008 recipient of the Honorable John F. Gerry Award.

Rosen received his J.D. degree with honors in 1973 from Rutgers University School of Law, Camden, New Jersey. He received a B.A. degree from Colgate University in 1969.

Montgomery McCracken Patent Litigation Team Defeats Motion for Preliminary Injunction

abuechner@mmwr.com () — Tue, 13 Jul 2010 12:00:00 GMT

A patent litigation team at MMWR defeated a Motion for Preliminary Injunction filed against MMWR clients Q.I. Press Controls, B.V., a Dutch company, and Q.I. Press Controls North America, Ltd., the North American subsidiary. Wisconsin based Quad/Tech, Inc. filed the Motion in the U.S. District Court for the Eastern District of Pennsylvania (Civil Action No. 09-CV-2561) and alleged that Q.I. Press Control's mRC+^TM system infringes claim 29 of Quad/Tech's U.S. Patent No. 5,412,577. The Honorable Judge Eduardo C. Robreno disagreed and denied the Motion. Download the published opinion here. The opinion is currently on appeal in the Court of Appeals for the Federal Circuit. The successful litigation team was led by David Langfitt, Stephen Madva, and Robert Axenfeld in the firm's Litigation Practice Group.

Maura Lynch Joins Montgomery McCracken’s Business Department

abuechner@mmwr.com () — Thu, 08 Jul 2010 12:00:00 GMT

Montgomery, McCracken, Walker & Rhoads, LLP announced today that Maura Lynch has joined the firm's Business Departments as an corporate associate experienced in securities and general corporate matters.

Before joining Montgomery McCracken, Lynch practiced at Jones Day in New York City where she represented issuers and underwriters in public and private offerings of debt and equity securities, exchange offers, consent solicitations and other complex transactions. She counseled public company clients on corporate governance issues and compliance with respect to reporting obligations under the U.S. federal securities laws and stock exchange rules, including obligations under the Sarbanes-Oxley Act.

Lynch is admitted to practice in New York State and the United States District Court for the Southern District of New York. She is a member of the Brehon Law Society. Lynch received a B.A. degree in English from Rutgers College, Rutgers University, with honors, in 2001, and a J.D. degree from Brooklyn Law School, magna cum laude, in 2004. While there, she was a member of the Brooklyn Journal of International Law and the Moot Court Honor Society.

Montgomery McCracken Partner Joyce Link Speaker at NACUA Conference

abuechner@mmwr.com () — Fri, 02 Jul 2010 12:00:00 GMT

Montgomery, McCracken, Walker & Rhoads, LLP partner Joyce B. Link was a panelist and co-presenter at the National Association of College and University Attorneys' annual conference, held recently in Washington, DC. Link presented a historic overview of Ledbetter v. Goodyear and discussed recent case law and related safeguards that college and university administrators might employ to manage potential fair pay claims in a session entitled "The Fair Pay Act: The Aftermath of Ledbetter One Year Later."

Link is a partner in the Labor & Employment and Commercial Litigation Departments at Montgomery McCracken, and is chair of its Higher Education Law group. Her practice focuses on labor and employment and litigation matters for higher education and nonprofit organizations. She is co-chair of the firm's Diversity Committee.

Montgomery McCracken Attorneys – Speakers at 8th Annual Nonprofit Institute Conference

abuechner@mmwr.com () — Fri, 18 Jun 2010 12:00:00 GMT

Philadelphia, PA _ June 14, 2010 - Montgomery McCracken's Nonprofit Organization practice attorneys Karl Emerson, Donald W. Kramer and Virginia P. Sikes were speakers at the Pennsylvania Bar Institute's 8^th Annual Nonprofit Institute presentation. Don Kramer presented "The Don Kramer Annual Legislative and Case Law Update" and "Legal Advice for the Grassroots and Small Nonprofit Organization." Karl Emerson and Jennie Sikes co-presented "Commercial Co-Venturing."

Kramer, of counsel, has more than 35 years of experience dealing with the concerns of nonprofit organizations, not only as a lawyer, but also as a teacher, writer, publisher and board member.

He is the editor and publisher of Don Kramer's Nonprofit Issues®, a national newsletter of "Nonprofit Law You Need To Know."

Sikes, a partner in the firm's Business Department and chair of its Tax Section, speaks and writes frequently on issues that affect tax-exempt organizations, including nonprofits, charities and foundations. She serves as counsel to other law firms on tax-exempt issues and has counseled tax-exempt organizations on numerous matters, including a reorganization involving the creation of the first national bank held by an exempt organization. She also represents national companies in Pennsylvania sales tax, corporate net income tax and franchise tax controversies.

Emerson serves as of counsel in the firm's Business Department. He provides legal counsel and advice to nonprofit organizations, including advising charitable organizations and their fundraisers on compliance with state charitable solicitation statutes, conducting charitable

organization compliance assessments, and conducting internal investigations for charitable and other tax-exempt organizations. Emerson is a former director of the Pennsylvania Bureau of Charitable Organizations where he was responsible for administering and enforcing Pennsylvania's charitable solicitation law.

Montgomery McCracken Adds Corporate Experience to Litigation Team

abuechner@mmwr.com () — Thu, 17 Jun 2010 12:00:00 GMT

Chandan Sarkar Joins Firm

Montgomery, McCracken, Walker & Rhoads, LLP announced today that Chandan Sarkar has joined the firm's Litigation Department as an associate. Sarkar's practice will focus primarily on government investigations and white collar crime and intellectual property matters. Sarkar also will be a member of the firm's emerging E-Discovery Practice Group, co-chaired by partners Stephen Grossman and Michael Hayes.

A ten-year veteran with Johnson & Johnson holding a variety of management and leadership positions, Sarkar's most recent position focused on domestic and international discovery efforts and the design and implementation of the process by which the company's projects are monitored and managed. Sarkar is certified in Six-Sigma and Lean Manufacturing business management stragegies.

Sarkar was the recipient of many leadership and excellence awards. He has written and presented on the subject of eDiscovery and cost-savings strategies.

Sarkar is admitted to practice in New Jersey, U.S. Court for the District of New Jersey, New York. He received a J.D. degree, cum laude, from Seton Hall University School of Law in 2009 and earned a M.S. degree from Columbia University in Industrial Engineering & Operations Management in 2005. Sarkar received a B.S. degree in Biology (Pre-Medicine) with Biochemistry from The Pennsylvania State University in 1999.

Montgomery McCracken Awarded LEED® -CI SILVER RATING from the U.S. Green Building Council

abuechner@mmwr.com () — Wed, 16 Jun 2010 12:00:00 GMT

On the Heels of BP Crisis, Rating Demonstrates Firm's Commitment to Promoting Sustainable Business Practices and Individual Environmental Responsibility

PHILADELPHIA, June 16, 2010 - Montgomery McCracken today announced that the firm was recently awarded Silver certification under the U.S. Green Building Council's LEED® -CI rating system for renovations done to the Firm's office located on 123 South Broad Street in Philadelphia. The recognition is a testament to the firm's commitment to promoting sustainable business practices and working conditions.

"While we are extremely excited about this award, we consider this just one of the many steps we are taking to promote environmental responsibility as a firm and on an individual level," said Richard Scheff, Chairman of Montgomery McCracken. "The environment and sustainability is a growing concern and the recent crisis in the Gulf of Mexico shows us just how urgent the need is for all of us to play an active role in safeguarding our future-something we encourage among each member of our firm. Our LEED^® certification is an example of how we can slowly but surely reduce our carbon footprint, one day at a time, and at the same time cultivate a culture that champions environmental responsibility."

After a phased renovation process that took almost two years of planning and 11 months of construction, the construction was completed in November of 2009, and the building was awarded with the LEED® -CI silver rating on April 10, 2010. LEED®, a third-party certification program and the nationally accepted benchmark for the design, construction and operation of high-performance green buildings recognized Montgomery McCracken for performance in five key areas of human and environmental health: sustainable site development, water savings, energy efficiency, materials selection and indoor environmental quality. The project represents a successful collaboration between Montgomery McCracken, Partridge Architects, SSH Real Estate, Lakash Constructors and the HPE Group.

"This was a long process that could never have been completed without the dedication and collaboration of all parties involved," said Tricia Sadd, an attorney in the Litigation Department of Montgomery McCracken and a co-chair of the firm's Sustainable Business practice. "It's truly wonderful to see our firm doing just what we advise clients in our Sustainable Business practice to do-that is to create "green" practices and policies. These in turn will promote productivity and profitability. Our goal is to promote a "sustainable" consciousness throughout the firm and we are thrilled for the acknowledgement of our work to date in this area."

Montgomery McCracken first moved to its Philadelphia Headquarters at 123 South Broad Street in 1996. After deciding to renew its lease in 2008 the Firm's management formed a committee to maximize work spaces while creating an energy-efficient and eco-friendly environment. Partridge Architects, a full-service architecture, planning, and design firm located in Center City Philadelphia, was retained to design a space that would qualify for Leadership in Energy and Environmental Design (LEED®) certification, a U.S. Green Building Council (www.usgbc.org) suite of standards for environmentally sustainable construction.

The project was completed in a phased implementation schedule to minimize disruption to the Montgomery McCracken staff.

"Montgomery McCracken was concerned for the well being of their professionals who would be living through construction and understood the health benefits associated with LEED initiatives such as air quality," said Sari Hara, Senior Associate at Partridge Architects. "The Firm also benefitted from energy and water saving LEED initiatives, which offers savings in operating costs. It was a pleasure working with a client who was already dedicated to sustainable business practices and committed to the process. They relied on their team of architects, engineers and contractors experienced in sustainable practices to guide them through the process."

About Montgomery McCracken

Approaching its century mark, Philadelphia-based Montgomery, McCracken, Walker & Rhoads, LLP is a multi-disciplinary law firm with offices in Wilmington, Delaware, Cherry Hill and Linwood, New Jersey, and Berwyn and West Chester, Pennsylvania. Montgomery McCracken provides a wide array of legal services, with practice concentrations in litigation, business counseling, entity formation, tax, trusts and estates, labor and employment law, intellectual property, e-commerce, computer and information technology, professional liability, real estate, land use and zoning, environmental, health care law, bankruptcy and reorganization, governance counseling, employee benefits, nonprofit, and investment advisor consultation, among many others.

About Partridge Architects

Partridge Architects is an architecture, planning and design firm founded in 1987 specializing in interior architecture, design and sustainable design for the commercial market. Clients include Verizon, Independence Blue Cross, The Children's Hospital of Philadelphia, Chickie's & Pete's Café, radio station B101, City TapHouse, philly.com and The Philadelphia Business Journal. Partridge Architects has been at the forefront of the sustainable design movement, and has completed to date 56% of the total LEED-CI projects in the Philadelphia area totaling over 300,000 square feet.

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BP will likely survive spill, but worth much less

abuechner@mmwr.com (Chris Kahn) — Tue, 01 Jun 2010 12:00:00 GMT

NEW YORK -- BP is probably sturdy enough to survive the worst oil spill in U.S. history. But investors are shaving billions of dollars off its value with every day that crude gushes into the Gulf of Mexico. [more]

Sestak Message Ran Through Clinton

abuechner@mmwr.com (By EVAN PEREZ And NAFTALI BENDAVID) — Sat, 29 May 2010 12:00:00 GMT

WASHINGTON-The White House said Friday that it tapped former President Bill Clinton last year to try to nudge Democratic Rep. Joe Sestak out of Pennsylvania's U.S. Senate primary contest.

Mr. Sestak has said since February that he was offered a high-level job in exchange for dropping his challenge to Sen. Arlen Specter, which Mr. Sestak ended up winning. Republican critics have alleged that the approach may have broken federal law.

Obama Says White House Response Coming Soon to Sestak Job Claim

abuechner@mmwr.com (By Laura Litvan and James Rowley) — Fri, 28 May 2010 12:00:00 GMT

May 28 (Bloomberg) -- President Barack Obama says "nothing improper" occurred in the case of a House Democratic lawmaker who has alleged someone in the White House offered him a job to drop his primary challenge to Pennsylvania Senator Arlen Specter.

In his first direct comments on the issue, Obama said yesterday "there will be an official response shortly" from his administration to questions that have been raised about it. He added that he didn't mean within "weeks or months."

Phila. Firm Honored for Its Support of Troops in Iraq

abuechner@mmwr.com (Zack Needles) — Fri, 28 May 2010 12:00:00 GMT

Jennifer Canfield simply wanted to let her employer know she "might be a little shaky in the next couple of days," recalls Montgomery McCracken Walker & Rhoads partner Jeremy Mishkin.

Canfield, an associate in Montgomery McCracken's litigation department, had recently moved to Philadelphia from Idaho to be with her boyfriend, Lt. Col. Gregg Clark of the Pennsylvania Army National Guard 28th Combat Aviation Brigade, and Clark had just received word that he would be shipping out to Iraq in April 2009.

[see attached file for complete story]