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Winter 2010 - 2011
Fall 2010
Summer 2010

Wendy Shepps' Win in Attorney Malpractice Case Makes Front Page of New York Law Journal
Of Counsel Wendy Shepps made the front page of the law journal (above the fold) with her summary judgment win in an attorney malpractice case. The trial court held that the plaintiff couldn't sue her court appointed guardian without permission of the court that appointed the guardian and dismissed the case against our client with prejudice.

Bryon Friedman Wins $582,000 in Commercial Arbitration
After several days of hearings, Bryon Friedman won an award of $582,000 for our client in a dispute arising out of several aspects of our client's purchase of business lines pursuant to an asset purchase agreement.

Sarah Edwards becomes a Partner in the New York City Office
Sarah began her legal career as an English barrister and has become a recognized expert in Insurance Coverage. She has counseled both liability insurers and corporations in resolving complex coverage problems and has been active at all stages of the claims resolution and coverage litigation process. Sarah has also provided claims supervisory and handling services in a number of jurisdictions throughout the U.S. and in the U.K., and acted as a supervising and coordinating counsel in a number of mass-tort litigation situations. She is a co-author of the "General Liability Coverage for Bodily Injury and Property Damage" chapter in the New York State Bar Association's Insurance Law Practice treatise. Sarah also litigates Product Liability and complex Commerical matters in New York and nationally.

CPSC Persuaded Our Client's Product Not a "Consumer Product" Subject to CPSC Recall Jurisdiction
After a distributor reported a product issue concerning our client's product to the CPSC, Bob Littleton negotiated with the CPSC to reconsider the CPSC's initial position that the product was a regulated "Consumer Product". Ultimately, the CPSC General Counsel's Office accepted the position we advocated in our briefing, reversed the Compliance Department's initial finding of jurisdiction, and determined that our client's product fell outside the CPSC's jurisdiction.

James Sheinbaum Joins the Firm as Of Counsel and Co-Chair of Our Commercial Litigation Group
James was a magna cum laude graduate of Lafayette College and editor of the Emory Law School law journal. He is licensed in NY, GA, FL and CA. For almost 30 years, James has successfully resolved business disputes through negotiations, ADR, motions, trials and appeals. James is fluent in Spanish and French, and has litigated in both languages in foreign tribunals. Mr. Sheinbaum has represented clients in complex contract disputes, UCC Article 2 sale of goods claims, UCC Article 3 commercial paper actions, broker commission claims, securities claims (especially involving fraud, lack of supervision and improper broker conduct), complex accountings, copyright actions, trademark proceedings, domain name actions, cases involving covenants not to compete and not to solicit, intellectual property, unfair competition, adversary proceedings in Bankruptcy and obtaining and defending against preliminary injunctions. Mr. Sheinbaum has tried cases and successfully defended the results on appeal.

Bob Kelly Wins Summary Judgment for Product Manufacturer in New Jersey
A Federal District Court accepted our argument that the third-party plaintiff in a personal injury suit arising out of a wrecker component failed to adequately support his claims against our client, a component manufacturer, with expert testimony. The Court dismissed the claims against our client with prejudice.

North Carolina Court of Appeals Overturns Trial Court's Denial of Dismissal Based upon Lack of Personal Jurisdiction
Jin Park and Michael Bai in concert with our local counsel Tracy Tomlin of Nelson Mullins in North Carolina appealed a trial court's denial of our clients' motions to dismiss for lack of personal jurisdiction. Our clients, alleged to be component part suppliers to vinyl siding, moved to dismiss for lack of personal jurisdiction since all of the alleged transactions occurred in the Republic of Korea and since all unrelated contacts with the State of North Carolina occurred after the alleged loss and after the complaint was filed. The trial court denied our clients' motions. On appeal, the North Carolina Court of Appeals reversed the trial court's order and remanded the case with orders to dismiss our clients for lack of personal jurisdiction.

Jason Sultzer Joins the Firm as Partner in the Purchase Office
Jason represents clients in trial and appellate courts throughout the United States, with a special emphasis on class actions, product liability defense, mass torts, real estate and business disputes. He has successfully defended companies in lawsuits in state and federal class actions including unfair competition, breach of warranty, product-related issues, employment discrimination, civil rights, overtime wages, the Fair Debt Collection Practices Act, and consumer protection statutes of nearly all 50 states. Jason has extensive trial and appellate experience. He recently won a multi-million dollar recovery on behalf of a real estate developer in a breach of contract action involving the development of waterfront property in New York City. Prior to joining Littleton Joyce Ughetta Park & Kelly LLP, Mr. Sultzer was a partner at a national law firm where he served as the co-chairman of its class action practice group. Earlier in his career, Mr. Sultzer was in-house counsel for Owens Corning, a Fortune 500 Company, where he was involved in defending the company against thousands of asbestos lawsuits throughout the country.

New Associate Christine Delaney Joins the New Jersey Office
Christine, a 2006 Rutgers University Law School graduate, is the author of "Comprehensive Study of the Formation & Reaction of a Tethered N-Hydroxysulfosuccinimidyl Ester Used to Covalently Tether Proteins to Surfaces", J.Phys.Chem.B. 108 (2004) 15808-15814 , with which you are undoubtedly familiar. Christine joins our NJ office from a Philadelphia firm and is also licensed in PA.

Mississippi Court of Appeals Affirms Daubert Dismissal in Forklift Case
In a result achieved by Jin Park and Michael Bai in concert with our local counsel Bobby Miller of Butler Snow in Mississippi, a trial court's grant of summary judgment to our client was affirmed by the Mississippi Court of Appeals. The Court found that the trial court was justified in holding that plaintiff expert's opinions concerning alleged defects in our client's forklift were not adequately supported. The trial court barred the expert and dismissed the case against our client. The Court of Appeals affirmed.

New Associate Miranda Welbourne Joins the Purchase Office
Miranda is a 2006 honors graduate of the University of Michigan Law School, where she was a journal editor. A Michigan native, Miranda also received her BA with distinction from the University of Michigan. Miranda comes to us from McDermott Will & Emery. She will be assisting us in commercial, insurance coverage and product liability litigation.