News Feed https://jenner.com/library News Description https://jenner.com/library Official Committee of Retired Employees Negotiates Agreement with Oversight Board in Puerto Rico Restructuring <p> On June 12, the Official Committee of Retired Employees of the Commonwealth of Puerto Rico and the Financial Oversight and Management Board announced that they had reached a proposed agreement to limit planned pension cuts, an important step toward completing the Commonwealth’s landmark restructuring.&nbsp; Represented by Jenner &amp; Block, the Official Committee of Retired Employees stated that the deal negotiated with the Oversight Board will lower the maximum pension cut for retired employees from 25 percent to 8.5 percent, which will only apply to retirees who receive retirement benefits of more than $1,200 per month—up from the board’s original proposed threshold of $600 a month. &nbsp;The agreement, called a Plan Support Agreement, fully protects 61 percent of the total retirees—102,000 in total—from pension cuts. &nbsp;It is anticipated that the Plan Support Agreement will become a cornerstone of the Board’s Plan of Adjustment, which is expected to be filed later this month, and ultimately should help provide a path for Puerto Rico’s emergence from the bankruptcy proceedings.&nbsp; Relative to the original Oversight Board proposal for treatment of pensioners, as set forth in its certified Fiscal Plan, the agreement provides significantly improved protections, both in the near term and long term, across the entire population of retirees.</p> <p> The Jenner &amp; Block team representing the Official Committee of Retired Employees is led by Partner <a href="https://jenner.com/people/RobertGordon" target="_blank">Robert D. Gordon</a> and includes (alphabetically) Partners <a href="https://jenner.com/people/IanGershengorn" target="_blank">Ian Heath Gershengorn</a>,&nbsp;<a href="https://jenner.com/people/SarahHaddy" target="_blank">Sarah E. Haddy</a>, <a href="https://jenner.com/people/MarcHankin" target="_blank">Marc B. Hankin</a>, <a href="https://jenner.com/people/LindsayHarrison" target="_blank">Lindsay C. Harrison</a>, <a href="https://jenner.com/people/RichardLevin" target="_blank">Richard Levin</a>, <a href="https://jenner.com/people/LandonRaiford" target="_blank">Landon S. Raiford</a>, <a href="https://jenner.com/people/MelissaRoot" target="_blank">Melissa M. Root</a>, <a href="https://jenner.com/people/CatherineSteege" target="_blank">Catherine L. Steege</a> and Associate <a href="https://jenner.com/people/CarlWedoff" target="_blank">Carl N. Wedoff</a>.&nbsp;&nbsp;</p> 22 Jul 2019 https://jenner.com/library/news/19152 https://jenner.com/library Associate Gabriel Gillett Appointed Vice Chair of CBA’s Federal Civil Practice Committee <p> Jenner &amp; Block Associate <a href="https://jenner.com/people/GabrielGillett">Gabriel K. Gillett</a> was recently appointed vice chair of the Chicago Bar Association’s Federal Civil Practice Committee.&nbsp; That committee, which is aimed at federal judges and lawyers who practice civil litigation in the federal courts, focuses on the practical aspects of federal civil practice and on improving civil litigation in the federal courts.&nbsp; As vice chair, Mr. Gillett will work with the committee’s chair and members, as well as CBA leadership, to develop programs and events that advance the committee’s mission.</p> 22 Jul 2019 https://jenner.com/library/news/19154 https://jenner.com/library Partner Patrick Pearsall Appointed to Institute for Transnational Arbitration’s Academic Council <p> Jenner &amp; Block Partner <a href="https://jenner.com/people/PatrickPearsall">Patrick W. Pearsall</a> was appointed to a three-year term on the Institute for Transnational Arbitration’s (ITA) Academic Council.&nbsp; The ITA provides advanced professional education and networking through programs, publications and membership activities.&nbsp; The ITA’s Academic Council comprises top academic scholars in the field of international arbitration.&nbsp; Members play a key role in ITA leadership, program design, publications and educational videos.&nbsp;</p> <p> Mr. Pearsall is chair of the firm’s Public International Law Practice and a member of the International Arbitration Practice.&nbsp; He is an adjunct professor at Georgetown University Law Center, where he teaches courses on international courts and investment arbitration.</p> 23 Jul 2019 https://jenner.com/library/news/19157 https://jenner.com/library Introducing the 2019 <i>Equal Time</i> Diversity and Inclusion Report <p> Jenner &amp; Block is pleased to present the first edition of the diversity and inclusion <em>Equal Time </em>report.&nbsp; After a long history of publishing separate <em>Equal Time </em>newsletters—focusing on the LGBT community, lawyers of color and women—we have combined the three into one report to broaden the scope of inclusivity.&nbsp; <em>Equal Time</em> includes stories about our diverse lawyers’ many important initiatives and accomplishments over the last year.</p> <p> The report highlights the intersectionality of the firm’s innovative inclusion efforts and provides an overview of the firm’s diversity and inclusion initiatives, as well as a look at the firm’s demographics, sponsorships and pipeline programs.&nbsp; At Jenner &amp; Block, diversity and inclusion is a core value; we know that diverse teams help us deliver the best service possible to clients and provides a more supportive and collegial working environment for our people.</p> <p> To read the report, please click <a href="https://jenner.com//system/assets/assets/11005/original/Equal%20Time%20report.pdf">here</a>.</p> 24 Jul 2019 https://jenner.com/library/news/19162 https://jenner.com/library Federal Circuit Dismisses Infringement Suit against Client Coherus <p> Jenner &amp; Block achieved a victory on behalf of Coherus BioSciences when the Federal Circuit <a href="https://jenner.com//system/assets/assets/11004/original/Amgen%20v%20Coherus%20July%2029%202019.pdf">affirmed the decision</a> of the district court that the manufacturing process for Coherus’ UDENYCA® product does not infringe Amgen’s U.S. Patent No. 8,273,707, which is directed to a process for purifying proteins using a particular pair of salts.&nbsp; In June 2017, Coherus filed a motion to dismiss on the ground that the manufacturing process for UDENYCA® could not be found to infringe the ‘707 patent under the doctrine of equivalents (Amgen’s only asserted basis for infringement) in view of Amgen’s clear and unmistakable disclaimer of claim scope during patent prosecution.&nbsp; The United States District Court for the District of Delaware granted Coherus’ motion to dismiss the case in March 2018.&nbsp;</p> <p> On July 29, 2019, the Federal Circuit affirmed the district court’s judgment in Coherus’ favor.&nbsp; The Court held that argument-based prosecution history estoppel barred Amgen from expanding the scope of the claims beyond the recited salt pairs, and thus Coherus’ manufacturing process was determined not to infringe the asserted patent.</p> <p> “We agree with the district court that, during prosecution of the ‘707 patent, Amgen clearly and unmistakably surrendered salt combinations other than the particular combinations recited in the claims,” the Federal Circuit wrote.</p> <p> UDENYCA®, a biosimilar to Neulasta®, is a biologic drug that stimulates bone marrow to prevent infection in patients undergoing chemotherapy.</p> <p> News of the Federal Circuit decision was reported in <em><a href="https://www.law360.com/articles/1182947/contradiction-ends-amgen-s-neulasta-ip-suit-fed-circ-says">Law360.</a></em></p> <p> The firm team included Partners <a href="https://jenner.com/people/AaronBarlow">Aaron A. Barlow</a>, <a href="https://jenner.com/people/LouisFogel">Louis E. Fogel</a>, <a href="https://jenner.com/people/BradfordLyerla">Bradford P. Lyerla</a> and <a href="https://jenner.com/people/AdamUnikowsky">Adam G. Unikowsky</a> and Associate <a href="https://jenner.com/people/SusanOBrien">Susan A. O’Brien</a>.</p> 30 Jul 2019 https://jenner.com/library/news/19173 https://jenner.com/library Partner Christine Braamskamp Featured in Firm’s Diversity and Inclusion Report <p> Jenner &amp; Block Partner <a href="https://jenner.com/people/ChristineBraamskamp">Christine Braamskamp</a> shares her insights about building teams and serving clients in this year’s diversity and inclusion report.&nbsp; Called <em><a href="https://jenner.com/system/assets/assets/11005/original/Equal%20Time%20report.pdf">Equal Time</a></em>, the annual publication highlights the firm’s many diverse lawyers and initiatives.&nbsp; The <a href="https://jenner.com/system/assets/assets/11007/original/Christine%20Braamskamp%20Article%20Reprint.pdf">profile</a> of Ms. Braamskamp traces her legal career starting with when she was 22 years old.&nbsp; Moving from The Netherlands to England, Ms. Braamskamp was criticized for her heavy accent and let go twice by her employer.&nbsp; Fast forward to 2018, and the successful lawyer joined Jenner &amp; Block to co-chair its Investigations, Compliance and Defense Practice in London.&nbsp; In the profile, Ms. Braamskamp discusses the value of mentorship, the importance of relinquishing control and the various paths to success.</p> 31 Jul 2019 https://jenner.com/library/news/19175 https://jenner.com/library Chair Craig Martin Featured in <i>Law Bulletin</i>’s “40 Under Forty: Then & Now” Series <p> Jenner &amp; Block Chair <a href="https://jenner.com/people/CraigMartin">Craig C. Martin</a> was named to the “40 Under Forty” list in 2001; at the time, he was a member of the firm’s Management Committee and the Chair of the firm’s Hiring Committee.&nbsp; In January, at age 55, he became the youngest Chair in Jenner &amp; Block’s history.&nbsp; As the <a href="https://jenner.com//system/assets/assets/11009/original/C%20Martin%20CDLB%20Then%20and%20Now%20July%202019.pdf">profile </a>notes, he maintains an active caseload, recently arguing in the 7<sup>th</sup> and 9<sup>th</sup> Circuits as well as several major trials in the past year.&nbsp; His travel-heavy role puts him frequently in the firm’s offices around the country and in London. &nbsp;He also remains active with several charities, including Ann &amp; Robert H. Lurie Children’s Hospital of Chicago.&nbsp; Responding to questions about his accomplishments, Mr. Martin explained that “It’s not about me, it’s about we. The truth is, I just stand on the shoulders of my partners.”</p> 5 Aug 2019 https://jenner.com/library/news/19191 https://jenner.com/library Judge Upholds Firm’s Defense Verdict In $250 Million International Partnership Dispute <p> On Thursday, July 25, a judge upheld a defense verdict the firm obtained in a $250 million jury trial over a long-running partnership dispute between brothers concerning various domestic and international businesses.</p> <p> At issue in the case was an alleged oral partnership agreement between five brothers, under which one of them claimed that all money made from their businesses—primarily diamond and real estate interests worth an estimated $7 billion—was to be shared equally among the brothers.</p> <p> That brother sued our client and several of our client’s companies for breach of oral contract, breach of implied covenant of good faith and fair dealing, and breach of fiduciary duty for wrongfully withholding $250 million from him as his share of the alleged partnership interest in the real estate holdings.</p> <p> Following a two-week trial in Los Angeles County Superior Court and one day of deliberation, the jury returned a verdict in our client’s favor on all three causes of action, finding that the plaintiff’s claims fell outside the statute of limitations.</p> <p> The plaintiff then filed a post-trial motion seeking declarative relief, accounting and equitable estoppel. After a bench trial, Judge Mark Mooney noted in his decision denying the motion that the plaintiff admitted during the course of the trial to committing “outright perjury” and entering into a conspiracy to deprive another brother of business profits. “Far more damaging to plaintiff’s equitable estoppel claim is the doctrine of unclean hands,” the judge wrote. “It is hard to imagine a clearer case for the application of the unclean hands doctrine.”</p> <p> Partner&nbsp;<a href="https://jenner.com/people/RickRichmond">Rick Richmond</a>&nbsp;led the team, which included Partner&nbsp;<a href="https://jenner.com/people/AnnaMarieVanHoesen">AnnaMarie A. Van Hoesen</a>&nbsp;and Associates&nbsp;<a href="https://jenner.com/people/NayiriKeosseian">Nayiri K. Pilikyan</a>&nbsp;and&nbsp;<a href="https://jenner.com/people/CamilaConnolly">Camila A. Connolly</a>. Paralegals Chris Ward and Rachel Yee and legal assistants Laura Saltzman, Julie Lontok, Maria Reyes, Jennifer Rodriguez and Elizabeth Visick also provided support.</p> 25 Jul 2019 https://jenner.com/library/news/19198 https://jenner.com/library Partner Kelly Hagedorn Discusses the “Right to be Forgotten” <p> Jenner &amp; Block Partner <a href="https://jenner.com/people/KellyHagedorn">Kelly Hagedorn</a> is quoted in an article that examines the rapidly evolving legal concept in the European Union called the “right to be forgotten.”&nbsp; The right allows people to ask that internet search results for their names that include personal information be removed.&nbsp; The article surveys leading practitioners such as Ms. Hagedorn about their insight on whether this right will eventually wend its way into US federal law.&nbsp; “The constitutional right to free speech has a heavy weighting in the US, while in Europe we tend to have a stronger belief in the fundamental right to data privacy,&quot; she observes.&nbsp; “There have been moves toward instituting new rules on data privacy in some states, such as California, but I think it will be a long while before the US as a whole moves toward protecting individual data-privacy rights to the same extent as we see in Europe.”&nbsp; Titled “<a href="https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/global-eu-right-to-be-forgotten.aspx">As Right to be Forgotten Evolves in EU, Will It Find Its Way into US Law?</a>” the article was published by the Society for Human Resource Management.</p> 22 Jul 2019 https://jenner.com/library/news/19205