JUNE NEWSLETTER
Charlie Faruki, Tom Kraemer and Don Burton participated in a May 6, 2003 "Markman" hearing before Judge Thomas Rose of the United States District Court for the Southern District of Ohio in Dayton on behalf of one of FI&C's clients, a worldwide consumer products company, which is engaged in patent infringement litigation with one of its competitors in the feminine care marketplace. The Markman hearing, designed to allow the Court in a patent infringement action to construe the relevant claim language of the patent at issue, was the first of its kind for Judge Rose, who ascended to the federal bench in 2001 following many years as a state court judge.
FI&C learned on June 2 of an arbitration victory on behalf of another of the firm's clients, a prominent physician practice group, which had been sued by a terminated shareholder alleging a range of discriminatory conduct. Jeff Cox, Brad Anderson and Melinda Burton tried the case in February, 2003 to an American Arbitration Association arbitrator. Finding for the respondent, the arbitrator issued a 64-page opinion addressing claimant's unsuccessful claims of religious and gender discrimination, retaliatory discharge under state and federal whistleblower statutes, sexual harassment, breach of contract, intentional infliction of emotional distress and breach of Ohio public policy.
Charlie Faruki, Paul Horstman and Jeff Sharkey recently concluded hearings before the Public Utilities Commission of Ohio ("PUCO") on behalf of one of the firm's clients, a provider of electric power in west central Ohio. Ohio's statute deregulating public utilities sought, among other goals, to open electric power markets to competition and to enhance consumer choice. The May hearings in Columbus were to resolve issues in connection with the utility's deregulation obligations and appropriate electric rates.
Jeff Cox recently completed his term as President of the Carl D. Kessler Inn of Court, having served in that capacity since 2001. Prior to assuming the presidency, Jeff was the Program Chair for the Inn, a 110-member organization of trial counsel and judges who convene monthly for fellowship, trial skill development and to discuss leading legal issues. FI&C hosted a number of guests at the May 28 Inn of Court meeting at which Congressman Mike Oxley (R-Oh) spoke regarding his signature legislation, The Sarbanes-Oxley Act of 2002. FI&C's guests included a number of in-house counsel and regulatory officers from the region's leading companies, many of whom are charged with Sarbanes-Oxley compliance issues for their respective companies.
Tom Kraemer is a faculty member for the 14th Annual Advanced Computer and Cyberspace Law Seminar, hosted by the University of Dayton School of Law Program in Law & Technology. A national survey has ranked the University of Dayton School of Law as one of the top 20 intellectual property law programs in the United States. Tom's presentation focuses on current trends in computer and online litigation with an emphasis on the continuing implications of the progeny of the United States Supreme Court's ruling in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., ___ U.S. ___, 122 S. Ct. 1831 (2002). Tom is also an adjunct professor at the School of Law.
The May 23, 2003 Dayton Business Journal featured an article "Law Firm Expanding Staff and Office Space" profiling FI&C's response to the strong demand for its litigation services. The firm is expanding its offices by approximately 25% to occupy 41,000 square feet of the Courthouse Plaza, S.W. building in downtown Dayton. With the addition of seven new lawyers in August 2003, FI&C will have over 40 attorneys and a total staff of 80 professional and administrative staff. To obtain a reprint of the Dayton Business Journal article about FI&C, please contact John Kendall at (937) 227-3723.
