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Richard L. Stone Named a 2013 "Power Lawyer" by The Hollywood Reporter

22 May 2013

Jenner & Block Partner Richard L. Stone has been selected as a 2013 “Power Lawyer” by The Hollywood Reporter in its seventh annual recognition of the top 100 entertainment lawyers in America. This is the second consecutive year that Rick has been named to this prestigious list.

In what the American Bar Association has called a “complete list” of insider entertainment law, the ranking is compiled by Hollywood Reporter editors and entertainment law journalists who look at the biggest deals and legal cases of the past year. Lawyers are categorized as talent dealmakers, litigators or corporate dealmakers and evaluated based on cases won/nature of deals closed and their reputation within the entertainment legal community

Rick was included in the litigation category. In his profile in the “Power Lawyers” issue published on May 22, Rick is called the “tough-minded” attorney who handles Fox’s most important battles, including its fight with Dish Network over the ad-skipping DVR.

Rick is a leading trial lawyer, concentrating on antitrust, intellectual property, and complex commercial litigation with an emphasis on the media and entertainment industries. His experience extends to litigating antitrust, copyright, trademark patent, piracy, securities, commercial fraud and related business tort cases.

Lazar Discusses His Practice and Career with Law360

22 May 2013

Jenner & Block Partner Vincent E. Lazar is featured in Law360’s “Q&A with Jenner & Block’s Vincent Lazar.” Vince responds to five questions about his career and practice area: 1. his most challenging case (debtor’s counsel for Harrah’s Jazz Company); 2. an area of his practice that needs reform (re-level the playing field and simplify the Bankruptcy Code); 3. an important case or issue (ramifications of Stern v. Marshall); 4. an attorney is his field who has impressed him (Jim Bromley at Cleary Gottlieb); and 5. a lesson he learned early in his career (taking on too much can harm the quality of your work).

Vince is co-chair of the Bankruptcy Litigation Practice. Investors, lenders, debtors, trustees and creditors seek his counsel on a wide range of insolvency-related transactional and litigation matters.

Team Wins Victory for Client Embarq When U.S. Supreme Court Denies Appeal

30 May 2013

A Jenner & Block team won a victory for client Embarq Management Co. when the U.S. Supreme Court declined to hear a putative class action suit against the Internet service provider. Two plaintiffs alleged that, in 2009, Embarq diverted nearly all Internet communications of roughly 26,000 customers in Kansas to an online advertiser that, they complained, paid for the data so it could be analyzed to deliver ads to users’ browser screens. Last year, the U.S. Court of Appeals for the Tenth Circuit affirmed a Kansas federal court’s dismissal of the suit. On Tuesday, the Court denied the plaintiffs’ writ of certiorari. The team representing Embarq includes Partners David A. Handzo and Matthew S. Hellman and Associate Matthew E. Price. News of the Court’s decision was covered by Law360.

Insurance Team Wins Chambers USA Award for Excellence

23 May 2013

Jenner & Block’s Insurance Litigation and Counseling Practice won the Chambers USA Award for Excellence in Insurance (Policyholder), a prestigious honor that reflects a law firm’s “pre-eminence” and recognizes “outstanding work, impressive strategic growth and excellence in client service.” In honoring the team as the country’s top Insurance (Policyholder) practice, Chambers USA noted its “powerful presence” and “prowess in sophisticated, high-stakes proceedings.”

“This is a testament to our strength as a practice group and as a firm,” said Practice Chair John H. Mathias, Jr. “We are honored to receive this award, as we have all worked very hard to achieve and maintain the highest level of excellence in keeping with Jenner & Block’s overall national standards. We look forward to an even stronger 2014.”

“It is gratifying to have Chambers USA confirm what we already know: that our Insurance practice is a national powerhouse,” said Managing Partner Susan C. Levy.

The award was presented on May 23 before more than 500 guests at the seventh annual Chambers Awards for Excellence in New York.

In addition to the Award for Excellence, the 2013 Chambers USA edition ranked Jenner & Block as a leading firm in 20 practice areas and recognized 40 partners as leaders in their respective practice areas.

Chambers USA is a widely distributed directory that recognizes law firms and attorneys that have demonstrated "technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment" and other qualities most valued by clients. Chambers’ independent and objective rankings are based on thousands of in-depth, confidential and unattributed interviews with “a vast range” of lawyers and their clients.

Jenner & Block Receives Top National Rankings in Chambers USA 2013

23 May 2013

Jenner & Block is once again ranked among the country’s leading law firms by Chambers USA. Overall, Chambers USA ranked Jenner & Block as a leading firm in 20 practice areas, including six national categories and 16 state categories. Of those, the firm received six “Band 1” practice rankings, Chambers’ highest level of recommendation. Forty partners are recognized as leaders in their respective practice areas.

The six “Band 1” practice areas are Media & Entertainment (District of Columbia), Environment (Illinois), Insurance: Dispute Resolution (Illinois), Litigation: General Commercial (Illinois), Litigation: White-Collar Crime & Government Investigations (Illinois) and Media & Entertainment: Litigation (Illinois).

The 10 “Band 1” partners are David A. Churchill, Robert L. Graham, E. Lynn Grayson, Lorelie S. Masters, John H. Mathias, Jr., Harry J. Roper, David P. Sanders, Charles B. Sklarsky, Paul M. Smith and Anton R. Valukas.

Noting that Partner Thomas P. Sullivan “contributes a wealth of experience to the firm’s white-collar practice,” the directory recognized him as a “Senior Statesman” in Litigation: General Commercial.

Further, the firm also won the Chambers USA Award for Excellence in Insurance (Policyholder), announced May 23 at the seventh annual Awards for Excellence in New York. This award reflects a law firm's pre-eminence in a key practice area and recognizes the winning firm’s “outstanding work, impressive strategic growth and excellence in client service.”

Chambers USA is a prestigious and widely distributed directory that recognizes law firms and attorneys that have demonstrated "technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment" and other qualities most valued by clients. Chambers’ independent and objective rankings are based on thousands of in-depth, confidential and unattributed interviews with “a vast range” of lawyers and their clients.

“I am proud that our attorneys are continuing the tradition of excellence. Our Insurance team has unmatched depth and breadth of knowledge about the workings of the insurance industry—as recognized by this remarkable award,” said Managing Partner Susan C. Levy.

Below is a list of all Jenner & Block practices and partners recognized in the 2013 edition, with links to each Chambers USA profile.

Practices

National

California

Insurance: Policyholder

District of Columbia

Illinois

Antitrust
Bankruptcy/Restructuring
Corporate/M&A & Private Equity
Environment(Band 1)
Insurance: Dispute Resolution(Band 1)
Intellectual Property
Litigation: General Commercial(Band 1)
Litigation: White-Collar Crime & Government Investigations(Band 1)
Media & Entertainment: Litigation(Band 1)
Real Estate
Tax

New York

Corporate/M&A: Highly Regarded

Individual Rankings

Andrew H. Bart, Media & Entertainment: Copyright & Contract Disputes (New York)
Joseph G. Bisceglia, Construction (Illinois)
David J. Bradford, Litigation: General Commercial (Illinois)
David A. Churchill, Government: Government Contracts (National)
Jeffrey D. Colman, Litigation: General Commercial (Illinois)
Geoffrey M. Davis: Tax (Illinois)
W. Jay DeVecchio, Government: Government Contracts (National)
Christopher C. Dickinson, Insurance: Dispute Resolution (Illinois)
Steven B. Fabrizio, Media & Entertainment (District of Columbia)
Samuel L. Feder, Telecom, Broadcast & Satellite (District of Columbia)
Robert L. Graham, Environment: Mainly Transactional (Illinois)
E. Lynn Grayson, Environment: Mainly Transactional (Illinois)
Joseph P. Gromacki, Corporate/M&A (Illinois)
Mark A. Harris, Corporate/M&A: Private Equity (Illinois)
Matthew L. Jacobs, Insurance: Policyholder (District of Columbia)
Christian E. Kimball, Tax (Illinois)
John Kinney, Antitrust (Illinois)
Tobias L. Knapp, Corporate/M&A (New York)
Vincent E. Lazar, Bankruptcy/Restructuring (Illinois)
Bradford P. Lyerla, Intellectual Property (Illinois)
Lorelie S. Masters, Insurance: Dispute Resolution: Policyholder (National)
Lorelie S. Masters, Insurance: Policyholder (District of Columbia)
John H. Mathias, Jr.,Insurance: Dispute Resolution (Illinois)
Kevin P. Mullen, Government: Government Contracts (National)
Daniel R. Murray, Bankruptcy/Restructuring (Illinois)
Thomas C. Newkirk, Securities: Regulation: Enforcement (National)
Ronald R. Peterson, Bankruptcy/Restructuring (Illinois)
Donald I. Resnick, Real Estate (Illinois)
Harry J. Roper, Intellectual Property (Illinois)
David P. Sanders, Media & Entertainment: Litigation (Illinois)
Lawrence S. Schaner, International Arbitration (National)
Gabrielle Sigel, Environment: Litigation (Illinois)
Steven M. Siros, Environment: Litigation (Illinois)
Charles B. Sklarsky, Litigation: General Commercial (Illinois)
Charles B. Sklarsky, Litigation: White-Collar Crime & Government Investigations (Illinois)
Paul M. Smith, Appellate Law (National)
Paul M. Smith, First Amendment Litigation (National)
Paul M. Smith, Media & Entertainment (District of Columbia)|
Catherine L. Steege, Bankruptcy/Restructuring (Illinois)
Richard L. Stone, Media & Entertainment: Litigation (California)
Thomas P. Sullivan, Litigation: General Commercial (Illinois)
Andrew J. Thomas, Media & Entertainment: Litigation (California)
Anton R. Valukas, Litigation: Trial Lawyers (National)
Anton R. Valukas, Litigation: General Commercial (Illinois)
Anton R. Valukas, Litigation: White-Collar Crime & Government Investigations (Illinois)
Richard F. Ziegler, International Arbitration (National)

Jenner & Block’s Appellate Practice Recognized by The National Law Journal for Fifth Consecutive Year

5 Jun 2013

Jenner & Block has been named to The National Law Journal’s “Appellate Hot List” for the fifth consecutive year, recognized again as among the elite law firms that are “doing killer appellate work before the Supreme Court, federal circuit courts of appeal and state courts of last resort." To be chosen for the list, the firm had to achieve “at least one significant appellate win between May 2012 and May 2013” and possess an “impressive track record overall.”

In its annual list, the NLJ noted that the Appellate and Supreme Court Practice’s representation of copyright owners has become “a white-hot area for the firm’s renowned appeals practice during the past year.” The publication highlighted a number of the firm’s recent precedent-setting victories on behalf of media and entertainment companies, citing:

The firm’s win in Columbia Pictures v. Fung (IsoHunt), where Paul M. Smith, chair of the Appellate and Supreme Court Practice, and Steven B. Fabrizio, co-chair of the firm’s Content, Media and Entertainment Practice, won an important victory for content owners and creators. The Ninth Circuit Court of Appeals found that IsoHunt, by running websites that linked to BitTorrent files, induced infringement of copyrights held by our clients, including Columbia Pictures Industries, Inc.; Disney Enterprises, Inc.; Paramount Pictures Corporation and Twentieth Century Fox Film Corporation. The Court also rejected Gary Fung’s argument that he was protected by some of the Digital Millennium Copyright Act’s “safe harbor” provisions.
The firm’s win in UMG Recordings Inc. v. Escape Media Group Inc., where a team of Jenner & Block lawyers, led by Partner Andrew H. Bart, won an appeal from the Appellate Division of the New York State Supreme Court dismissing the affirmative defense asserted by Escape Media Group, Inc. that the Digital Millennium Copyright Act bars UMG’s claims of common law copyright infringement.
The firm’s representation of a consortium of broadcast television companies (including Fox Television Stations, PBS, WPIX, Univision Television Group and WNET) in an action against a company, Aereo, Inc., that captures over-the-air television programming and retransmits that programming over the internet without the authority of the copyright owners. TheNLJ noted that the pending case “is widely expected to set a precedent that could shape the future for the broadcast media.”

The article also highlights other important cases that Paul has led. For example, in January 2012, he secured a victory for his clients when the U.S. Supreme Court vacated the Texas District Court’s interim redistricting electoral plan in Perry v. Perez. The NLJ also notes that Paul was instrumental in securing the first appellate court ruling to strike down the Defense of Marriage Act (DOMA). The U.S. Court of Appeals for the First Circuit ruled in Gill v. Office of Personnel Management that Section 3 of the DOMA, which defines the term “marriage” as being between a man and a woman when the term is used in all federal statutes, is unconstitutional. Now, the matter is one of several challenges to the DOMA pending in the U.S. Supreme Court.

The firm’s Appellate and Supreme Court Practice also includes Partners Jessica Ring Amunson, Marc A. Goldman, Lindsay C. Harrison, Matthew H. Hellman, Barry Levenstam and Joshua M. Segal; Associates Ishan K. Bhabha, Irina Y. Dmitrieva, Daniel T. Fenske, Matthew S. McKenzie, Matthew E. Price, Bharat Ramamurti and Adam G. Unikowsky; and Of Counsel Benjamin K. Miller.

Managing Partner Susan C. Levy Profiled in ABA Journal Article

6 Jun 2013

Jenner & Block Managing Partner Susan C. Levy is profiled this month in an ABA Journal article about women in law firm leadership.

Titled “Meet 6 Law Firm Leaders, Each with a Different Story, Each at the Top of Her Game,” the article notes that, while each of them is unique, they share “a commitment by each woman to reach her goal of managing a law firm, and to not let obstacles stop her from achieving that goal.”

The ABA Journal observes that Jenner & Block has had a longstanding commitment to the advancement of women, dating back well before Susan joined the firm. “We were one of the relatively few firms with women in leadership positions and women who were business generators….The women leaders ahead of me—the mothers who went on maternity leave before I did—all helped me in my career because I never felt like I had to be a trailblazer," Susan says.

In the article, Susan attributes her success and advancement to the many mentors she has had at the firm – including retired partner Joan M. Hall, the second woman to practice law with the firm and the first female chair of the American Bar Association Section of Litigation – and Partner Robert L. Graham, regarding her involvement in law firm management. Susan recalls that she took the initiative and asked Bob, the then-managing partner, to appoint her to the Management Committee. Acknowledging that it was a bold move, Susan tells the ABA Journal, “You’ve got to ask.”

Jenner & Block's core values include promoting diversity and maintaining an inclusive workplace environment. The firm has been hiring female attorneys since the 1960s and is committed to advancing women in the legal profession. In addition to Susan, other women in key roles at the firm include Executive Director and Chief Operating Officer Meredith W. Mendes; Partner and Chief Talent Officer Charlotte L. Wager; and Chief Marketing Officer Suzanne Donnels.

Insurance Team Succeeds in Limiting Scope of Discovery by Insurer in Indemnification Action

10 Jun 2013

Jenner & Block secured a significant victory for the firm’s client ProBuild Holdings, Inc., in an indemnification dispute with its excess insurer Fireman’s Fund Insurance Company (FFIC) over settlements of defective Chinese drywall claims against ProBuild. At issue was whether FFIC would be permitted to conduct open-ended discovery beyond what had already been conducted in the underlying lawsuits. The firm sought to limit FFIC to litigating the reasonableness of the settlements, as determined by facts and discovery learned in the previous litigation. On June 5, 2013, the Boulder County, Colorado District Court ruled in ProBuild’s favor, limiting the discovery that FFIC can undertake.

The firm team representing ProBuild includes Partners Matthew L. Jacobs and Brian S. Scarbrough and Associate Jan A. Larson.

Matt was quoted in a Law360 article about the decision, entitled “Insurer Can’t Investigate Merits of Chinese Drywall Claims.” Discussing the significance of the court’s ruling, he told the publication, “This makes clear that an insurer cannot stand on the sideline while a policyholder settles an underlying claim and then much later seek to relitigate the merits of that underlying claim, as opposed to merely the reasonableness of the settlement.”

Carpenter Elected to D.C. Bar’s Government Contracts and Litigation Section

5 Jun 2013

Jenner & Block Partner Julie M. Carpenter was recently elected to the D.C. Bar’s Government Contracts and Litigation Section. The Government Contracts and Litigation Section advances the development of its members and fosters discussion of developments and issues affecting federal and local government procurement law and litigation. The Section also participates in community projects and monitors procurement reform initiatives affecting the District of Columbia government. Conducted primarily online for the first time, the Bar elections closed on May 24, with steering committee results announced on June 5.

Julie is a member of the Government Contracts practice. She has successfully represented clients in False Claims Act cases, commercial procurement cases, and contract and tort claims involving subcontractors, prime contractors and disappointed bidders.

Firm Wins Victory for Client SoundExchange in Copyright Royalty Board Matter

28 May 2013

Jenner & Block secured a victory for client SoundExchange when the U.S. Supreme Court declined to hear a challenge to the constitutionality of the judges who set royalty rates for musical works. Petitioner Intercollegiate Broadcast System Inc. had contended that the Copyright Royalty Judges were principal officers who needed to be appointed by the president and confirmed by the Senate, instead of appointed by the librarian of Congress. In challenging the Copyright Royalty Judges, IBS hoped to overturn the judges’ decision setting webcasting terms that were favorable to SoundExchange. SoundExchange, a non-profit entity that collects royalty payments and distributes them to record companies and artists, was a respondent in the matter. On May 28, the Court refused to hear IBS’ appeal. The team representing SoundExchange in the Supreme Court includes Partners Michael B. DeSanctis, Matthew S. Hellman and Jessica Ring Amunson, along with Associate Bharat R. Ramamurti. News of the Court’s decision was reported in media outlets Law360.

Mathias Discusses His Practice and Career with Law360

14 Jun 2013

Jenner & Block Partner John H. Mathias, Jr. is featured in Law360’s “Q&A with Jenner & Block’s John Mathias.” John responds to five questions about his career and practice area: 1. his most challenging case (representing CSX Transportation in CSX Transportation v. Admiral Insurance Company, et al); 2. an area of his practice that needs reform (the length of time it takes to get an insurance coverage case to trial); 3. an important case or issue (judicial compensation is a “near national disgrace”); 4. an attorney in his field who has impressed him (Ken Erickson of Ropes & Gray); and 5. a lesson he learned early in his career (not to blame the judge or jury for disappointing results).

John chairs the award-winning Insurance Litigation and Counseling Practice. Chambers USA regularly rates him in “Band 1” for Insurance (Dispute Resolution) and, in 2013, named the Practice the best in the country for Insurance (Policyholder). He is a veteran trial lawyer whose clients seek his representation in disputes related to contracts, insurance coverage, employment, class actions, professional liability and intellectual property.

Supreme Court Decision Reflects Multi-Year Firm Effort to Achieve Criminal Law Reform

17 Jun 2013

A U.S. Supreme Court ruling of major importance in criminal law, particularly in narcotics cases, announced on June 17, 2013, reflected a multi-year effort by Jenner & Block in support of this significant reform. The Court’s decision in Alleyne v. United States that, because mandatory minimum sentences increase the penalty for a crime, any fact that increases the mandatory minimum is an “element” that must be found by the jury. This ruling reflected the firm’s position in an amicus brief filed in Alleyne, on behalf of New York University School of Law’s Center on the Administration of Criminal Law (CACL).

The brief, prepared by a team led by Partners Anthony S. Barkow, Samuel L. Feder and Matthew S. Hellman and including Associates Jacob L. Tracer and Ann K. Wagner, was the third brief on this issue that the firm filed on behalf of the CACL, a nonprofit established and headed by Tony before he joined Jenner & Block.

An earlier amicus brief filedby the firm in United States v O’Brien on behalf of CACL was acknowledged by reference by the Court in its 2010 decision in that case, which embraced the firm’s argument that a 2002 Supreme Court decision in Harris v. U.S. should be overruled the next time the issue was squarely presented. Alleyne was the next case presenting the issue, and the Court followed through. The O’Brien brief was prepared by a team also led by Sam and including Partner Jessica Ring Amunson.

Firm Client Exonerated: Murder Charges in Son’s Death Dismissed

18 Jun 2013

Capping an extraordinary series of events, on June 17, 2013, Cook County, Illinois prosecutors dropped all charges against Nicole Harris, a pro bono client of Jenner & Block and Northwestern University’s Center on Wrongful Convictions (CWC) who was convicted in 2005 of strangling to death her 4-year-old son, Jaquari Dancy.

The most recent decision by prosecutors ends Ms. Harris’ ordeal after numerous appeals, from state to federal courts, over the use of a video-recorded confession and the barring of eyewitness testimony at her initial trial. After spending seven-and-a-half years in prison, she is now free to rebuild her life without the threat of further proceedings.

The Cook County medical examiner initially ruled the boy’s death accidental, but changed the cause to homicide after learning that Ms. Harris, who was 23 at the time, had confessed on videotape. The confession, which Ms. Harris said was false and coerced, came after 27 hours of exhausting, intermittent interrogation by detectives at Chicago Police Area 5 headquarters. The interrogation occurred two months before an Illinois law went into effect requiring police to record the entire custodial interrogation of murder suspects. Although the recording equipment required by the new law was in place, detectives chose to record only Ms. Harris’ statement and nothing that preceded it.

The video-recorded confession was the principal evidence against Ms. Harris at trial. Cook County Circuit Court Judge Lon Shultz barred the exculpatory testimony of the sole eyewitness to Jaquari’s death, Diante Dancy, Ms. Harris’ older son who was 5 at the time of the incident and 6 at the trial, on the grounds that he lacked the ability to accurately remember and describe the events, noting that he still believed in Santa Claus and the Tooth Fairy. Diante had told police that Jaquari accidentally strangled himself with an elastic band from a fitted sheet in the bedroom the boys shared in the family apartment on the northwest side of Chicago.

Jenner & Block and the CWC became involved in the case after the trial, appealing the case through the state and federal systems, but losing at every turn until October 2012, when the U.S. Court of Appeals for the Seventh Circuit held that the trial judge’s exclusion of Diante’s testimony was “arbitrary and disproportionate to the truth-seeking and reliability concerns advanced by witness competency restrictions.” The Seventh Circuit directed U.S. District Court James B. Zagel, who previously had denied relief, to grant Ms. Harris’ petition for a federal writ of habeas corpus, ordering the state to retry or release her within 120 days.

The State of Illinois then filed a petition for a writ of certiorari, asking the U.S. Supreme Court to hear the case. But, in a rare move while that petition was pending, the Seventh Circuit ordered Ms. Harris released on recognizance bond in February.

On June 3, 2013, the Supreme Court denied the State’s petition, and on June 17, during a brief hearing before Presiding Criminal Court Judge Paul S. Biebel, the Cook County State’s Attorney’s Office moved to dismiss all charges, officially exonerating Ms. Harris. The State's decision followed meetings with the Jenner & Block team and an interview of Nicole.

The firm’s team was led by Partners Robert R. Stauffer and Sandi J. Toll and included Associates Kara L. Kapp, Andrew D. Kennedy and Elin I. Park. Partners Jeffrey S. Eberhard, Sarah Hardgrove-Koleno and Matthew S. Hellman and Associate Irina Y. Dmitrieva also provided assistance on the matter over the past seven years. The team worked closely with CWC attorneys Steven Drizin and Alison Flaum.

According to the National Registry of Exonerations, Nicole Harris’ exoneration is the 89^th in Cook County since 1989 and the 33^rd wrongful conviction based on a false confession. The Illinois law requiring videotaping of custodial interrogations in homicide cases is the result of the work of the Illinois Governor’s Commission on Capital Punishment, which was chaired by Jenner & Block Partner Thomas P. Sullivan under then-Illinois Gov. George Ryan.

Supreme Court Adopts Firm’s Position in Arizona Voter Registration Case

18 Jun 2013

The U.S. Supreme Court’s significant decision on June 17, 2013, in State of Arizona v. The Inter Tribal Council of Arizona, Inc. and Jesus M. Gonzalez, et al., holding that the National Voter Registration Act of 1993 pre-empts Arizona’s proof-of-citizenship voter registration requirement, adopted the position advocated in an amicus brief the firm filed in the case, on behalf of the League of Women Voters (League).

The firm has been involved in the case since 2007, when an amicus brief for the League was filed in the case’s first appeal to the Ninth Circuit. The brief argued that Arizona could not require documentary proof of citizenship as a condition for accepting the federal mail voter registration form. That position was maintained in amicus briefs through several additional rounds of Ninth Circuit review and, ultimately, in the brief to the Supreme Court.

The firm’s team that prepared the most recent brief was led by Partner Paul M. Smith and included Partners Michael B. DeSanctis and Jessica Ring Amunson and Associate Esteban M. Morin. Partner Carrie F. Apfel participated on previous briefs.