5

LITI6ATION DEPARTMENT OF T1 E YEAR General Litigation - .Large Connecticut Law Firm

•Earning The Trust Of

Global Brands Member 5 of D.-ry Pitney's litigation team. Seated, left to right: Glenn Dod, Beth Balton, Jay Nolan, Al Zakar ran. Dan Fitz1Viaurice, E nie Mattel, Tom Goldberg, Helen 1-1Ju is, Felix Springer. Standing. left to right: John Cruet.. DAY PITNErS Tom O'Neill, Mitch Hauls. Paul Willrams, Dan Wenner mei edith Long, Clifl Nichols, Rene 01 toga, Jim Rotondo. Joe Scully, Beth Alcrtrist. Eric Sussman, Ken clients include national companies and Connecticut icons Rot, Elizabeth Latif, Dan Schtvoitz, Erick Sandler, Rich Colbert, Mike Polio' vlo, Jaime Bachkach, Ashley Hai rison. rvLtt Shitoma, Ben Nissim, Harold Blinder- By JAY STAPLETON Bryan Orticelli

ay Pitney's litigation department has rep- are in Connecticut offices in Greenwich, addressed by having the law changed by the Following a jury trial before U.S. District Dresented some of the best-known compa- Hartford, New Haven, Stamford and West Legislature, or by bringing a complaint to the Judge Alvin Thompson in September a jury nies in the state. Hartford. state insurance commissioner." found the developer liable for the previous Core dients have included national and Day Pitney's litigators keep busy: they cur- To prepare that case for argument, the litiga- judgment. The case remains pending while global brands, such as Priceline.com and Wells rently have more than 160 cases ready for trial. tion department put together a team of four key Wells Fargo seeks an additional $10 million in Fargo bank, not to mention some of Ccenecti- The litigation departments approach is to staff partners, five key counsel and five associates, punitive damages. cufs most venerable institutions, such as Yale each case with a team consisting of key part- Twardy said. "It was an interesting opportunity Twardy said the case was unique in its sheer University. ners, counsel and associates. James Rotondo, a to work together in ways we don't always do," volume of documents. 'Discovery in the case "I think one of the real strengths of our liti- litigation partner, said the key first step is to l'wardy said. "It was a big group effort" was staggering:' Twardy said, "involving the gation department is our diversity' said Stanley identify evidence and legal issues that will ben- Among other appellate victories, Day Pit- production of approximately 1 million paper Twardy Jr., the firms managing partner. 'Were efit their clients, "Up front, we try to analyze ney's commercial litigation team won a vic- and electronic documents and more than 40 split up into six areas of litigation, induding the cases," he said. tory for Yale University, fending off a defama- depositionsf torts, white collar and Intellectual property; and "We try to find out the dispositive issues, tion claim of $50 million brought by South The matter, he said, "was a prime example of the amount of work we have in each will vary the leverage issues, and we try to drive it Kora& Dongguk University. The Korean the ability of Day Pitney to handle large-scale from year to year." there," Rotondo said. "That's what any good school was upset that Yale had erroneously and complex litigation from the filing of the The firm keeps a dose eye on its caseload so trial lawyer will do. We try to use our un- confirmed the academic credentials of an art complaint, through contentious discovery and it can shift attorneys to areas of current need. derstanding about the facts and our under- professor eventually hired by Dongguk, even pretrial motions, all the way through trial and "One thing that's important is. being able to re- standing about the law to make good choices though she never attended the Ivy League postale' motions" • spond to different developments," Twardy said. early on. We have lawyers on the case to schooL The professor was later involved in a "We have a very deep bench, and a significant make good choices:' scandalous relationship with a South Korean number of lawyers with talent and experience In terms of assigning lawyers to the cases, he presidential aide. in all of matters we handler said, "we put together teams on a particular case Dongguk said Yale's mistake caused a situ- That depth of experience and breadth based on relationships with the clients." ation that "severely tarnished" the school's illitGRACE of skill sets has made Day Pitney the Con- Department leaders, including Dennis reputation, sparked a criminal probe, and led necticut Law Tribune's 2014 Litigation De- LaFiura, chairman of the litigation depart- to a decline in donations and student applica- partments of the Year overall winner in the ment, identify which lawyers are available with tions. Yale called the error simply an admin- Legal Staffing Services large law firm category All told, the firm the most experience in particular types of cas- istrative mistake and argued the lawsuit was employs 139 litigators, including 62 litiga- es. "We build from there, depending on what without merit tion partners and 56 litigation associates. A we need and what the lawyers' strengths are," The Korean university was represented by We find world-class legal little fewer than half of those professionals LaFiura said. one of the world's largest law firms, McDer- talent for law firms and The litigation team also touts its use of cut- mott Will & Emery. But last year, the U.S. corporate legal departments. ting-edge e-discovery methods, which reduce Court of Appeals for the Second Circuit af- the amount of time corporate clients have to firmed the ruling of a district court judge, who TR Grace Is a CT based legal staffing agency active In all counties throughout the State. spend on document preparation and review. had sided with Yale in granting a motion for We facilitate individual and group placements The firm has a lawyer, Cliff Nichols, who works summary judgment of legal professionals In all areas of law. full time on e-discovery matters. Day Pitney also won a federal court ruling • Attorneys

/moil dismissing a class action against Norwalk-based • Paralegals • Doc reviewers/E-discovery staff FT Broker Allegations Priceline.com, in which plaintiffs sought recov- 0 • Specialty legal personnel Ly-e. In terms of significance, one of the most ery of millions of dollars in fees they claimed important cases handled last year involved a were improperly collected by the travel website • Direct hire/permanent placement trip to the Connecticut Supreme Court. Day when consumers reserved hotel rooms online. • Temporary placement Pitney's client was an insurance broker sued Plaintiff claims were rejected in their entirety, • Temp to perm DAY PITNEY • Group placements by the state over claims the broker violated and the dismissal was affirmed in 2013 by - the • Law firm mergers the Connecticut Unfair Insurance Practices Second Circuit Total cr Act (CUIPA). Firm Office(s) The violation, the state claimed, was based A Million Documents Masa contact us: on allegations that the broker did not disclose The firm had several other notable out- Sine Amarell, Esq. Litigation Director of Legal Placements 62 29 compensation arrangements with insurance comes, in ch iding a jury verdict of $23 million in Partners [email protected] companies, which the state asserted was a favor of Wells Fargo against a shopping center (1160) 658-5587 violation of the broker's fiduciary duty. When developer. 245 Hoprneadow Street Litigation 56 21 the lawsuit went to trial in Superior Court, the In that case, Day Pitney's commercial liti- Simsbury, CT 06089 Associates trial court ruled in favor of the state. That de- gators were hired to pursue the developer of a www.trgrceegaI.com cision was overturned in August 2013 by the Baltimore shopping center. In 2005, a Mary- TR Grace is a State of CT Certified Other 21 7 Connecticut Supreme Court, which found that land court had ruled that several companies Women-Owned Business and was voted Attorneys breathes of fiduciary duty are not actionable controlled by the developer had committed one of the best Legal Recruiters In under the statute. fraud in obtaining a loan from Wells Fargo Connecticut by the CT Law Tribune Readers % Total Twenty said the decision "is likely to have for the shopping center. The developer was Revenue significant impact on insurance litigation ordered to pay, but never did so. Day Pitney 51% 45% From In the state. The Supreme Court ruled that filed a federal lawsuit in Hartford on behalf )14 Litigation WM. i,Dt. since a claim of breached fiduciary duty is of Welts Fargo, which claimed the developer Nriitv Mb= 4 not among CUIPA:s list of specifically pro- had transferred assets from his companies to scribed practices, such a claim could only be avoid paying the judgment. 4- '

APRIL 28,2014 6 CONNECTICUT LAW TRIBUNE

LITIGATION DEPARTMENT OF THE. YEA General Litigation - Small Law Firm —41k- Good Sports Make A Strong Firm CONWAY STOUGHTON operate. After the initial hire, the lead partners He said that opposing counsel was pushing for uses teamwork to gain a competitive edge Instill the firm's philosophy in the new recruits. the acceptance of new science and it was a chal- "We cultivate our attorneys through our own lenge in learn enough to argue its shortcomings. minor league program. Ifs like everyone buying Conway believes the decision will likely play By ROBIN DeMERELL PROVEY into the same system on a team; Conway said. a role in future traumatic brain litigation. 'After going through the derkship, where the fo- The firm has had a significAnt amount of suc- A A Then former hockey teammates Matthew of Conway Stoughton handles every type of civil cus is on researching and writing, the firm pro- cess in insurance defense cases, including one

V V Conway and Paul Stoughton opened a litigation, from personal injury and property vides extensive trial wadcshops and file-handling complex and precedent-setting matter involv- law firm together 11 years ago, they decided to damage cases to insurance disputes. To add to the seminars in an effixt to have everyone buy into ing the obligation of businesses to pay workers' apply the same competitive edge that helped challenge, the firm does both plaintiffand defense the same philosophy of effidency ancl success!' compensation premiums to insurance compa- them score goals on the ice to reach goals for work. Its founders daim a 90 percent victory rate. The team concept extends to the relationship nies on behalf of independent contractors. their legal practice. For its ambition and for its achievement, the between the two name partners. Laurie Penna, assistant vice president and And so as they grew their practice to 10 at- firm has been named by the Connecticut Law "Matt and I personally interview every per- casualty supervisor of Chubb Group Insurance torneys, they looked for one trait in new hires: a 'Tribune as an overall winner in the Litigation son we hire," Stoughton said, "and we've been Companies, often hires Conway Stoughton to competitive hunger Departments of the Year competition in the very careful tohire people with the qualitiesthat supplement the insurer's small in-house team. "Every attorney [in our firm] has played small law firm category. our lasvyers here have, and as a result we have an She described Conway Stoughton as a small sports competitively—hockey soccer, basketban, Conway Stoughton s mindset is evident from intelligent, hard-wa•lting team of people." firm that delivers like a large firm. rugby—and many still do," said Conway who is its website, which displays hockey photos and Stoughton noted that he and Conway have "They have the creativity to move the cases to currently sporting a cast after breaking his arm the motto: "'Teamwork,. Persistence, Success!' contrasting personalities, and that, too, works the next level because they are savvy on the law," playing hocky this year. "Iran the Hartford Mar- Since its founding, Conway Stoughton has in the firm's favoc "Matt is a tremendous leader. Penna. said. "The lawyers are passionate. You athon two years ago and many of our attorneys added a new attorney group every rat It now He's got boundless energy and infrctious enthu- dont have to wait for anything and you doet still participate in adult leagues in soccer, softball has three litigation partners, five associates and siasm" Stoughton said. "Having a good leader is have to look behind anything. and basketball. ... Our attorneys draw upon their two other attorneys. All of the associates were a huge key to success. He doesn't browbeat but "Matt [Conway] has gotten some great results competitive fire from their sports backgrounds in jrulirinI clerks before coming to the firm, which leads by example. I am more reserved. Mates the for us under some bizarre claims. We insure a lot persistently defending or prosecuting our cases." doesnt hire laterals who might have their own guy running the shiny but people come to me of high-profile commercial accounts and there's a Despite its small size, the West Hartford firm preconceived notion of how a law office should for other things. Ws a balance and it works!' lot of sensitivity involved in that. He really has im- pressed every one of our [policyholders] with his Brain Injury Case ability, passion and. customer service. When Mates Stoughton, who earned his law degree from on a case, we dont worry-about anything" Growing to Better Serve Our Clients the University of California Hastings School of Appropriately enough, one ofthe firm's high- Law, is a commercial litigator. Originally from er profile cases involved a sports figure. Well, at Buffalo, Conway graduated from Suffolk Uni- least a relative of a sports figure. versity School of Law in Massachusetts and is Conway Stoughton successfully dek.nded a • an insurance defense litigator. personal injury lawsuit brought by the sister of Conway Stoughton litigates in state and fed- former baseball pitcher Orel Hershiser, who had eral court, and before workers' compensation asked for $6 million in damages plus pain and commissions and other administrative forums. suffering. Conway took over the case just two It handles trials and appeals on cases that range months before trial from another firm. Prepara- from simple to complex. tion mduded a flight to Georgia to conduct a key Brandon Huseby In one case, Conway and attorney Christo- deposition with a physician and ended up with pher Williams represented Federal Insurance a trial, where the jury returned a defense verdict Reporting & Video Co., which was dealing with a claim from a after only 30 minutes of deliberations. woman who had suffered a traumatic brain in- "What I love about being a lawyer is learning Thank you for voting us jury in a low-speed car crash. The woman set- more every day" Conway said. "Our competi- tled with the other driver's insurer for $100,000 tive backgrounds have wired us to win, whether but then filed suit against the insurance car- it be at trial or by adtievmg a positive resuk for rier for the vehicle in which she was riding. She the client by settlement The name of the game sought the entire $1 million policy limit, but the In litigation is winning" Jury returned a verdict of only $58,000. Because that was less than the $100,000 settlement, the plaintiff received no money from the triaL Court Reporting, Video Conferencing Conway said this was a significant decision and Video Depositions because the plaintiff's counsel was attempting to be the first attorney in the state to prove a traumatic brain injury through the science of In-House Video Department neuroimaging. Traditionally traumatic brain and Trial Director Evidence injuries have not been diagnosed through elec- tronic imagery, but through neuropsychologi- Presentations. cal exams that tests things such as the patient's CONWAY STOUGHTON Conference moms in all locations cognitive abilities. Plaintif& then try to prove their injuries in court through expert physi- Litigation Partners 3 cian testimony. Conway credited his victory to an effective Litigation Associates 5 249 Pearl Street, 1st IL 900 Chapel Slyest Six Landmark Square Hartford, CT 06103 New Haven, CT 06510 Stamford, CT 06901 cross-examination of the pbintiff's experts, the Other Attorneys 2 (860) 549-1850 (800) 852-4589 (203) 316-8591 retention of credible defense experts and a thor- (800) 852-4589 (800) 852-4589 ough understanding ofthe unique medical issues. % Total Revenue 95% He said he is particularly proud of the outcome From Litigation www.b porting.com because of how much he and his cocounsel had to learn about the scientific and medical aspects. APRIL 28,2014 CONNECTICUT LAW TRIBUNE

LITIGATION DEPARTMENT OF THE YEAR General Litigation - Out-Of-State Firm with Connecticut Office

Not Just Going About

Members of McCarter & Enghs.h's Htiqrticn team. Seated, left to right: Mova- Their Business hoena Ogilvie, Eric Gtondahl and Paula Cruz Cedillo. Standing, left to right: _ _ Mark Giarratana, Pamela Moore, Thomas Rechen, Thomas Finn, Catherine Mo- han and Charles Ray. MCCARTER efr ENGLISH

litigators expand reputation in wide range of practice areas MEM "That was a chaihning one and we were a state court case that been disposed of in 2011. fortunate to get it resolved on favorable terms, In another case where they served as cocoon- considering the imderlying facts," Rechen said. sel, McCarter & English litigators represented By DOUGLAS S. MALAN plaintiff Genworth Financial Wealth Manage- Asbestos Litigation Dodcet ment in a claim against five former officers and McCarter & English moved into the Grondahl said. Another part of McCarter & English's litiga- employees who allegedly took proprietary infor- Wronnecticut marketplace about a decade Rechen was in the middle of a couple of the tion trademark is its role since 2002 as liaison mation from Genworth to establish a competing ago, there was a general sense the New Jersey- firm's most significant lawsuits in 2013, where counsel in the Connecticut asbestos litigation business and solicit Genworth clients. The case based firm was strong in business litigation. pretrial preparation was vital to the outcome. docket in Fairfield Superior Court McCarter & settled after three days of trial in New Haven Since then, the firm's leaders like to think the One was a long-running' Westport property English attorneys and staff coordinate more than federal court and the defendants paid a damage reputation has. grown. dispute in Owenoke Association v. J.J. Salzman, 100 defense firms and more than 200 defendants award while submitting to a permanent injunc- Perhaps that's so. This year, one year after which was being heard by Judge Douglas Mintz while actively representing approximately 20 dif- tion that restricts competition with Genworth. winning the commercial litigation award in the in Stamford/Norwalk Superior Court ferent defendants. Slimming up the year, Redien said the firm's Connecticut Law Tribune's Litigation Depart- Catherine Mohan, a product liability partner long-standing dedication to keeping clients in- ment of the Year contest, McCarter & English Real Estate Dispute and founding partner of the finxis Hartford of- volved at every step remains a key factor. has been named the top overall out-of-state Rec.hen noted that the case involved "high fice, has a long history of coordinating asbestos "Our clients have a real feeling of ownership firm with a Connecticut office. net-worth individuals and extraordinarily valu- litigation on behalf of manufacturers all over the in their matters, and they are involved in the stra- "I thinkwith this final ithas always beenlmown able property" It centered on a strip of land that country. While she was involved with on-the- tegic decisions and choices made; Rechen said. for its quality of business litigation; said Thomas provides access to Long Island Sound for swim- ground representation of national companies "The McCarter brand is a pretrial assessment on Recheu, one of McCarter & English's leadkig liti- ming, canoeing and beach-going. The bottom In various product liability matters, she brought the front end to take into account clients' goals, gation partners. "I have been with the firm for six line is that a homeowners' association plus in- on John Robinson in 2002 to take the lead role costs and risks and assessing all of those factors years. One thing that has grown over the last six dividual homeowners bad all claimed easement as defense liaison counsel for all Connecticut throughout the litigation process; years is the strength across the bench, if you will, rights to the strip of land owned by the defen- asbestos litigation. induding intellectual property litigation, product dant a real estate haling company represented "We are very proud that the defense attorneys, liability and labor and employment lave by Bingham McCutchen. their clients and the court have entrusted us with Eric Grondahl, managing partner of the To prevail, Rechen and his team—includ- representing the group as a whole and being the firm's Hartford office, signed on in 2003 when ing partner John Mallin and associates Jennifer voice of the defense for well over a decade now; McCarter & English acquired Cummings & Black Struft and Jeffrey Matrullo—dug into the Robinson said. "We try to focus on the fact that Lockwood's litigation team and general practice property archives to trace ownership rights. this is a privilege, and not a right, and we try to go professionals after the Cummings' trusts and es- "We were researching deeds going back to about our bnsineas each day with that in mind." CMF Engineering, Inc. tates practice split off Since that time, McCarter the early 1900s and researching minutes of as- Robinson leads the team responsible for or-

& English's Connecticut-based litigation staff sociation meetings going back to the 1920s', ganizing the overall litigation docket, including • Curt M. Freedman, PE, GEM, CEA, LEEDS AP has grown to 27 lawyers, and Grondahl has seen Rechen said. "All of this was to refute the notion coordinating all joint defense meetings, serving President steady growth in his personal practice area of IP that there was an easement over this particular as communications liaison between the defen- litigation while also observing an overall uptick strip of land. You could see how certain land- dants and the court, preparing joint medical (413) 567-1175 in the firm's clout in the courtroom. owners were gradually engineering this ease- defenses, coordinating group discover); negoti- Opposing counsel "expect us to be well- ment claim" over many years. ating all trial dates and anything else required [email protected] prepared, and they'll know they are in litiga- Rechen built a case strong enough that "all but to keep the docket running efficiently. In 2013, www.CurtFreedman.com tion with a high-quality and professional firm; one plaintiffwalked away from their claims on the more efficiency was demanded by Judge Bar- eve of trial, and these plaintiffs were significantly ham Bellis after she took over the docket invested.emoticaially and financially" Rechen con- "Worldng with the court and plaintiffs' coun- Established in 1985 cluded the favorable outcome "was a direct result sel, as well as other defense counsel, a large por- of our thorough preparation ofthis case." tion of the cases were resolved by way of grant- Offers a wide range of In Carolina Casualty Insurance v. farrow In- ing summary judgment, or settlement, by many dustries, Rechen and partner Mark Dunn Giar- defendants in 2013; Robinson said. professional engineering services: ratana represented the defendants in a California Complex financial services litigation was Insurance coverage dispute. anther growth area for McCarter & English. • Forensic Cause & Origin After Jarrow Inchistries' chairman ofthe board The firm was cocounsel in a six-firm defense of Investigations was fired, he filed a wrongful termination law- MetLife and Massachusetts Mutual Life Insur- • Expert Witness Testimony MCARTER & ENGLISH suit Jarrow turned to its employment practices e= subsidiaries against a proposed class action liability insurance policy with Carolina Casualty, In the U.S. District Court ofthe Southern District • Carbon-MonoxIde Investigations of New York. In Yale M. Fishman 1998 Insurance Total CT only to learn the insurer had canceled the policy. • Condominium Reserve Study The stated reason was that not all of the policy's Bust v. General American Lift Insurance, the Firm Office(s) paperwork had been filled out as completely as plaintiff trusts held insurance products sold by a Evaluations MetLife subsidiary that were invested in a Mass- Litigation it should have been. Rechen argued the insurer • Alternative Energy Systems 108 17 Partners knew about the paperwork problems from the Mutual subsidiary's fund, and the value was lost Evaluation time it issued the policy to Jarrow. when the investments were exposed to Bernard "We raised the specter of an opportunistic Madoff's elaborate Ponzi investment scheme. • Property Condition Evaluations Litigation 97 10 Insurance company collecting premiums and The plafntiffs wanted to move ahead with a Associates • Vehicle Accident Solar Glare then not providing the coverage they promised," shareholder derivative suit, but Judge Thomas Evaluation Rechen said. Geese ruled theylacked standing as shareholders Other 16 0 The case was headed to a bench trial before the and were instead classified as policyholders. Fur- Attorneys parties settled in mediation. Jarrow used that set- then Griesa said the plaintiff derivative claims Registered in tlement money to, in barn, settle the wrongful ter- were barred by res judicata because "similar or CT, MA, ME, NH, NJ, NY, PA. RI, A VT mination. suit brought by its former Wad chair- identical claims were asserted on their behalf" in LI I 'URI !UN I IVItIN I Ut-r- I 1---It Y families Back then, divorces were J,ifetime Achievement Award much less common than they are today and repre- sented a much smaller share of the overall legal market. Most states, including Con- necticut, required divorces lawyers to offer a reascin why the marriage should _The Ultimate be terminated. As a result of those laws, most divorce cases focused on cheating Family Man spouses or cruelty: The claims were often ex- aggerated or even fabricated SAM SCHOONMAKER by divorce lawyers to win a has left a lasting mark on divorce law in Connecticut case. In 1970, a national move- ment pushing no-fault di- By JAY STAPLETON vorce reached Connecticut. Schoonmaker caught wind or more than 40 years, Greenwich divorce The firm now has seven lawyers. Schoon- of the debate, and decided F Samuel V. Schoonmaker III has ad- makes who continues to work in an of counsel to get involved. 'When the vised television personalities and jet-set execu- capacity; provides client support and guidance divorce reform movement tives on how to end their marriages. on an as needed basis. Enjoying his part-time hit Connecticut, I concen- He served as divorce counsel to fashion retirement, and proud that his two sons fol- trated my effirts on family trendsetter Martha Stewart, financier Carl lowed him into the profession, Schoonmaker is law' Schoonmaker said. He Icahn and former football start Frank Gifford. a man with few regrets. never looked back. "I felt He says he represented former General Electric "If you were to pick one city in the world that the old fault system in CEO pack Welsh "in both of his divorces." to do what I do, it would be Greenwich, Con- family law in Connecticut Tough in trial, but smooth in negotiations, necticut If you picked one county, it would was a shame. I felt like you Schoonmaker, now 78, was one of the earliest be Fairfield," Schoonmaker said in a recent could trump up anything SE:mt.:el V. full-time divorce lawyers in the state, and part telephone interview from his winter home in you wanted and I didn't ponent. a national group of high-powered divorce Naples, Ha. think that was tight" lawyers who were dubbed the "Dirty 30" in His reasoning is not based on any higher rate Schoonmaker enlisted the 1990s. of marital failure in southeastern Connecticut other Connecticut lawyers "That was an unfortunate nidmamer Rather, ifs because of the networking of the to go door-to-door to collect signatures and Schoonmaker said. "The real name was the Mat- high net-worth crowd that lives there. "These build support for no-fault divorce in Connecti- rimonial Lstwyers Network. It was a group of 30 people are very rich. And if you get into that cut "We lost in the state legislature in 1967, and narinnolly known family lawyers; we would get circle of referrals of right people, rm telling we won in 1971; he recalled. 'There was a lot of together on think-tank retreats and spend four you, they talk to each other," Schoonmalcer said. resistance among lawyers, and I got my share of or five days discussing family lave "And that has a good affect It increases the odds criticism at the time. A lot of lawyers thought He says the nidmame was bestowed by by a youll get those cases' It would ruin the divorce practice because it lawyer "who wasn't let in." would remove their leverage." In between all the fun, Schoonmalcer was Family Business very serious for many years about reforming When he was growing up, Schoonmalmr's A Challenging Mentor divorce laws in the state, and he served on both family owned and ran Schoonmaker's Depart- Schoonmaker's lobbying ef63rts not only the Connecticut Bar Association and American ment Stores, with stores in Newburgh, Beacon helped change the law but also increased his Bar Association in leadership capacities. and Middletown in New YorWs Hudson Valley. profile. When no-fault finally came, he attracted "He was very active in family law initiatives Schoonmaker was groomed for a career in the a flood of well-to-do clients who weren't con- nationwide. He was the chair of the Family Law family business, and for a time he toiled away as cerned about the steep fees charged by a big Section for American Bar Association," said C. a toy department salesman. law firm. "When you have a heart problem, you Ian McLachlan, a former state Supreme Court But Schoonmaker had dreams beyond the seek out the best cardiologist, and you don't ask justice who now runs a private mediation prac- rocky hills that bordered the Hudson Rivet He the price," Schoomnaker said. "That's what hap- tice. "He was a real national force in family law went to Yale, where he was captain of the ten- pened to usr and he encouraged me and others to be active nis team. After graduation, he was accepted into He also got involved in no-fault divorce ef- in bar matters' graduate schools for medicine, business and forts on a national level, by leading semimars Because of Schoonmaker's many accom- law. He opted to study the latter. "My father said and workshops with peers and academics in plishments in family law, including his effirts I could go to law school and still do anything I other states. His overall success got him ap- to bring no-fault divorce to the state, the Con- wanted to do," he recalled. "I never thought rd pointed managing partner at Cummings & necticut Law Trllmne is honoring him with actually practice law" Lockwood. a Lifetime Achievement Award as part of the After graduating from Yale Law School in While divorce lawyers these days have newspaper's Litigation Department of the Year 1961, his first job was with Cummings & Lock- a reputation for being a contentious group, Awards competition. wood, which he had counted among its clients Schoonmaker said it was always important to Although he's not one to brag, it was not un- his fiunily's business. "I was in literally every de- him handle cases discreetly and to have a civil common back in his heyday for Schoonmaker partment" at the law firm, Schoonmaker said. "I relationship with the opposing counsel. "It was to handle divorce cases involving assets of $100 handled real estate, trusts and estates, you name always a goal to get these matters over with as million or more. After more than three decades It, securities, everything." little publicity and as little fanfare as humanly at Cummings & Lockwood, the last 10 years as There was not much of a family law de- possible," he said. "I used to tell [the lawyer for managing partnex he went out on his own, form- partment to speak of at Cnmmings The firm the other spouse], 'Let's make as small a deal out ing Schoonmakex George & Blomberg in 1996. concentrated, as it does now, on estate and tax of this as we cam"'

WEDNESDAY, MAY 28, 2014 LawTribune THE BOND BALLROOM APRIL 28,2014 CONNECTICUT LAW TRIBUNE 9

was learning what to ask for LITIGATION DEPARTMENT OF THE YFAR during the discovery phase. The other party settled "be- Solo Litigation Practice cause it was going to cost them more if the discovery continued; Hightower said. "In that case, my client re- ceived $45 million, which was the result of research, -under- standing the business, hiring experts and estimating the A Civil Approach value of the marital assets." Asked about the rewards of her practice, Hightower To An Emotional Job spoke of reaching equitable settlements that allow both parties to rebuild their DORI HIGHTOWER lives. Hightower finds it very satisfying to run into seeks less confrontational ways to practice family law clients years later and find out they are dating and fi- By ROBIN DeMERELL PROVEY nancially stable. What concerns High- tower most about fam- ramily law tuft about winning or tearing of one. "Family law is highly emotional, but I ily law is seeing so many down your opponent. Ifs about coming to have compassion. And I have tolerance for the people representing them- a fair and reasonable agreement so that both screaming, yelling and threats. I also have my selves in divorce actions. In parties and their &mines can move forward. Ifs own coping skills, such as doing yoga, exercis- part, she sees this as a lack about finding the best way to rebuild lives that ing and meditation." of confidence in the legal have been ripped apart Retired state Supreme Court Justice Lubbie profession. Hightower said That's the philosophy of Stamford solo Dori Harper Jr. touts Hightower's sensitivity in help- self-represented parties end Hightower who handles contentious and com- ing clients through the emotional and complex up wasting a lot of court plex marital litigation cases, often involving process of divorce. Harper became frightower's time because people don't spouses fighting over millions of dollars. But mentor a few years ago after she attended a re- have the skills and training 'It's complex litigation,' Stamford solo Dori High- theres more than money at stake. Just recently; ception in his honor. He said Hightower is able to handle the nuances of tower says of her high-net-worth divorce cases. 'I Hightower represented a father about to have to achieve the proper balance in being sensitive more complicated cases. She bring a different level of scrutiny that you might his parenting time reduced by a schedule rec- to her clients' emotional needs while also giving thinks the answer is for law- not see In the run-of , the-mill family lawyer.' ommended by the guardian ad litem. objective advice. yers to win back confidence "I had to hammer that it was unjust and un- Harper advised Hightower to advocate for of prospective clients by be- fair; Hightower said. "I took it to the max with her clients without being adversarial to the ing more responsive, compassionate and civil. you look at the challenges we face as the prac- the Judge and we prevailed. You have to have other spouse or opposing counsel "Lawyers are "As a profession, we have to redefine who tice is changing, trying to advocate advocates, but they shouldn't view their oppos- my ccanmitment to being civil courage in your convictions we are. We daft just keep doing the same thing and seeing a fair and equitable resobition, that for clients. Emotionally ifs difficult, but some- ing party as an enemy; Harper said, though he we've always done; said Hightower, who is ac- times you have to go there." added that Hightower can be "tenadous if the all makes me a better lawyer. I try to give my tive in the Connecticut Bar Assodaticafs Family clients a positive experience. I provide a service For her persistent, successful advocacy on circumstances warrant it" Law and Small Firm Practice sections. "When behalf of family law clients. Hightower is re- In describing her less confrontational ap- and I malce sure rm at the top of my gamer ceiving a Connecticut Law Tribune Litigation proach, Hightower describes herself as a coun- Departments of the Year Award in the solo at- selor-at-laA which means helping her clients torney category. with all phases of divorce litigation. 'I work When she was a young girl growing up in with forensic accountants [to value the assets of New York, Hightower dreamed ofbeing a clanc- both parties], psychologists and social workers," et As a teenagen she moved to Ohio after receiv- Hightower said. "If we're going to trial we do ing a scholarship to a prestigious dance school. video preparation. I want my clients to know But Hightower encountered racial prejudice as how to answer questions. You can't throw peo- a minority student in a predominately white ple in there and have them testify. They have to school She realized it was a hurdle she wasiit be well-prepared." ready to face and headed home. But when that Most of Hightower's cases are financially Michael A. Mark F. Thomas R Brendan Christine door dosed, another opened. complex, often involving large sums of money D'Amico Griffin Pettinicchi Faulkner Norton "I wanted to understand how you could have from large businesses or hedge funds. She lim- these rules to make things better, but things its her caseload to six to eight clients at a time were getting worse," Hightower said. Setting out to ensure she is accessible to each of them. But to make a difference in the world, she enrolled one thing she refuses to do is dole out emotional at Bennington College in Vermont and earned a pleb:111*unit to the opposing spouse. "I'm not bachelor's degree in three years before attending here to be your tool to advance your vindictive Boston University School of Lot agenda," she tells her clients. "That's not what D'AlvlICOrGRIFFIN After law school graduation, Hightower rm about" worked as a commerdal litigation associate and Because of the nature of her clients, High- cPETTINICCHII in-house fir the Southern New Eng,land Tele- tower estimated that 50 to 60 percent of her ATTORNEYS AT LAW phone Co., where one ofher responsibilities was cases go to trial. 'That's not the norm; she said. OVAMIlesibryOliffIglPf *RON wawa contract Mentigernent She eventually found her "Most people don't have money to litigate" niche as a family lawyer, moving to the practice area initiallybecause ofher aptitude for drafting Teamwork contracts, which is the heart—if not the soul— Though a solo attorney; Hightower has two e welcome all matrimonial law, personal injury, of divorce litigation. full-time staffers with paralegal training to help medical malpractice and nursing home "Family law chose me; Hightower said. "I het She also contracts temporary employees to worked in a number of areas and a friend of assist during trials and with research and hires negligence referrals. mine was working on a divorce case and said, other professionals as needed per case. `Youti be great You're great with contracts: I just She recentlyboned up on hedge funds for one got sucked in." case involving millions of dollars in assets. She learned the legal issues, hired a special discov- www.dgplaw.com An Influential Mentor ery master and found Securities and Exchange In 2008 Hightower took on her first divorce Commission experts. "People think ifs mom- case—a high-stakes, celebrity case. The couple and-pop [as a solo attorney], but it's complex had been in and out of court for 12 years be- litigation; Hightower said. “I bring a different 465 Straits Turnpike Phone (860) 945-6600 fore she took over. Hightower was finally able to level of scrutiny that you might not see in the Watertown, CT 06795 Toll Free (866) 690-2889 forge a settlement and she was hooked on fam- run-of-the-mill faintly lawyet ... Sometimes we Fax (860) 945-666-8 ily law. go to triid within six weeks and then people in "rm looking for what's fair and equitable" my office start working around the dock" AV Rated by Martindale-Hubbell said Hightower, herself a divorcee and mother In the hedge fund case, Hightower said the key APRIL 28,2014 10 CONNECTICUT LAW TRIBUNE

LITIGATION DEPARTMENT OF THE YEAR Personal Injury Litigation -*- Focus On Big-Money Cases Pays Off

KOSKOFF, KOSKOFF efrg RIEDER knows how to choose its battles carefully

By CHRISTIAN NOLAN

Prop 10 lists are popular. Here's one that's more handle fewer numbers of cases and devote more 1 than a little interestin& Of the top 10 personal resources to them. So we're not looking at a vol- injury verdicts in Connecticut history, the Bridge- ume practice. We never have." Michael Koskoff Kathleen Nastt- t port firm ofKoskoft Koskoff& Mader says it's rep- Koskoff said the firm gets an average of 1,500 resented the plaintiffs in six of them. inquiries per year for just medical malpractice In 2013, the firm won a $41.75 million jury cases, and it generally files 30 to 35 mecl-mal In Connecticut. He said about 60 percent of lived up to its responsibilities. That's true with verdict on behalf of a student who contracted tick- lawsuits. The firm has 18 lawyers and all but one the firm's work is med-maL It also handles civil a lot of cases we see." borne encephalitis on a school-sponsored trip to litigates. That lawyer, Joel Lichtenstein, screens rights, product liability and motor vehicle cases Last fall, in a med-mat case, a jury award- China. The firm was able to prove the school failed all of the potential med-mal cases that come in. involving catastrophic injuries. ed $9.2 million after a 72-year-old woman to take precautions that could've prevented the ill- The screening process is rigorous. Some Even though a high percentage of civillaw- was given too much of a blood-thinning ness, which left the young woman unable to speak people call with legitimate complaints against suits end in out-of-court settlements, Koskoff medication while being treated for a urinary and with damaged motor skills. health-care providers, but the potential dam- said a key to the firm's success is pursuing each tract infection at Bridgeport Hospital. The With such a proven track record of success, ages aren't high enough to make the case worth case as if it's going to triaL For one thing, he said, woman bled into her abdomen and devel- a record that has led the Connecticut Law Tri- pursuing. In other cases, it turns out the provid- clients typically want their day in court oped a blood clot requiring surgery. Dur bune to honor KoskofC Koslcoff & Bieder with er wasn't at fault for the bad medical outcome. "Were ready to go to trial and not settle said lug her recovery; she developed a bacterial a Litigation Departments of the Year Award in In the evaluation process, the firm's leaders KosksrtE "There's been a huge push on media- infection and an abscess on her neck and the personal injury category, it's a challenge for work backward, first estimating the potential tion. However, I think there are a lot of lawyers eventually had part of her shoulder bone re the law firm to decide what clients to take on. award and then looking at the circumstances now who view mediation as the way the case moved. She is now in a wheelchair. 'First of all, we only do cases involving signifi- that caused the injury. 'You start with the dam- is going to end up and not trial rand I thinkit's The firm alarrecovered a verdict of $63 mil- cant injuries or damages,' said partner Michael ages, and [then] you say what happened to the a huge mistake if you want to do right.by your lion against Danbury Hospital after meclirn1 Koskoff "Because of that we feel that we can person and how could it have been prevented? client There are a lot of cases worth more than professionals raised the sodium levels of a pa- If you can answer that question, then you've what an insurance company is willing to spend tient too quickly; causing immediate brain. dam- found the fault nine times out of 10 3 said Kos- at a mediation." age and eventual death. kafE "So it's a icverbe process, a unique process That strategy paid off last year in the $41.75 Also last year, four of the firds lawyers and an effective way of looking at a case." million verdict against the Hotchkiss School in served as part of the Michael Jackson family And a necessary process, said KoskofE The Lakeville. In 2007, Cara Munn, then a ninth- legal team that brought a wrongful death case dollar figure has to be a major consideration, grader, was bitten by insects as she and class- against the pop music legend's concert promot- he said, given the cost of bringing a med-mal mates walked through a densely wooded area ez The Koskoff lawyers helped with the medical claim, particulady in paying expert witnesses. in China. In its lawsuit, the Koskoff lawyers, led aspects of the case. "The screening we do I think is helpful even by Antonio Ponvert, claimed the school failed Lawyers at the firm say their team approach for people whose cases we don't bring: he said. "At to ensure the students took precautions even to cases is crucial to their success. least we give them answers when they haverit been though the wooded region was known to be a Litigator Kathleen Nastri explained that ev- KOSKOFF, KOSKOFF given them. It prevents frivolous lawsuits from risk area for tick-borne encephalitis and other ery Monday the firm's litigators meet to go over BIEDER being filed. In telling them why there is no case, Insect-transmitted illnesses. their cases. She said everyone is willing to help sometimes they feel relieved. Part of the anguish is The result was afar cry from what the school's out "I think one of the great things about the of- not only to have a serious injury but have the feel- insurer initially offered, according to KoskafE fice in general is there is no competition among Litigation Partners 13 ing it was preventable. We feel good about trying "If you withdraw [the lawsuit], we'll give a us," said NastrL "If someone's on trial, there's no to help in those gritnatinne Litigation Associates 3 little money to the Hotchldss School in your negative feeling when a person wins. [There' no client's honor,* Koskoff recalled the defendants' one thinking,] 'Oh I wish I had that kind of case Other Attorneys 2 Trial Focused insurer saying. 'They just didn't see it. I think or had that kind of result' We all root for each Koslcoff said his firm handles about 10 to 12 they tend to blind themselves to the fact this is other and fad each other's pain when things percent of the med-mal cases that are brought a little girl in the care of a school that had not don't go as someone had hoped? •

ACCEPTING NOMINATIONS 4 NEW The Connecticut Law Tribune is now accepting nominations LAW L tMut.RS for New Leaders in the Law. Nomination Deadline: May 16th , New Leaders Magazine Publishes August 25

Fir ii =1 io cel -.1Drai9 Go to ctlawtribune.com Thursday, November 6th, 2014 Click on the New Leader Application under the Top News Section. The Bond Ballroom 1th 1boot. Homewoocl SuittasHot,Ttl 32Et Asy:um i3lraai. Harlfold. CT 05103 To learn more about nominations contact Editor-in-Chief, Paul Sussman at 860-757-6640 Cocktails - 6:00pm I Dinner & Presentation - 7:00-9:00ptn For sponsorship opportunities please contact Vanessa Hayward at 860-757-6628

APRIL 28,2014 CONNECTICUT LAW TRIBUNE 11

LITIGATION DEPARTMENT OF THE YEAR Town & Municipal Litigation DANAHERLA.GNESE PC ATTORNEYS AT LAW Putting Heads Together For Public Servants The attorneys and staff of DanaherLagnese, PC HOWD & LUDORF are proud to be recognized for their work on uses group effort to improve its defense of municipalities behalf of Connecticut's medical profession.

We, in turn, wish to thank the medical professionals of Connecticut for the enormous good they do for the people of this state.

OUR ATTORNEY TEAM

Principals Associates R.. Cornelius Danaher, Jr. Alice L. Vautour Joyce A. Lagnese Thomas N. Lyons III Frank H. Santoro Laura A. Waltman ■ ir/1 10Vri. .1 , f! /1();11 . M r Cab= B. Anderson Sean T. King '.t /`,. ( - kirk, I Ri!ci ()Fniir (. 1:', 1,1.P11/•t11. f\ilif1(11 , . r)oli, I. , f I() mild. A I .i%/t/1 , •11(r.:, M. Karen Noble Kimberly M. Hammond kivIu A. I:on:H....EL `-,11(1- 1- 1 I 1;,It Bhidirn - d, ()Ii(li A. f)v1- )(,vv.,1 , 1, 1 - 11.11‘, .1 NI. ( I(•f Vriti Andrew S. Wildstein Patrick J. Glinka `,. Hiuhivi , i ro , Edward W. Mayer, Jr. Nicole M. Kelleher i)r ■ vifi I V.,r I: P(11 , .. Jonathan A. Kocienda Tara C. Nenart By AMARIS ELLIOTT-ENGEL Robert E. Kiley April H. Rosen.krantz

owd & Ludorf doesiit have a roundtable of just got a new case involving a parks and recre- Michael R. McPherson Andrew R. Veale L].knights.ButithasaroundiBbleoflawyers. ation employee alleging on-the-job injuries. She The Hartford firm, winner of the Connecti- quicldy fired off an email to find out what other Hilary Nelson Fisher cut Law Tribunes 2013 Litigation Departments attorneys thought about the liability risks and ofthe Year Award for municipal litigation, regu- the possible value of the case. "It's invaluable to larly holds group discussions on cases to use the have a really good team that you can really trust firnis brain trust of 19 lawyers. that has a lot of experience and can really give Of Counsel Martha Shaw, a partner who handles cases you a sense of where they think a jury would involving police, education and employment, go," Shaw said. Kenneth R. Neal Alan Dembiczak, a partner who handles po- lice and serious general liability cases, said the Nancy A. DeRose firm is good at representing municipalities and Gerry A. DeSimone other governmental entities because of the law- yers' knowledge and experience. Janine E. Leary Howd & Ludorf has 'a very good-open-door Agnes M. Cahill /ilmeza policyf Dembiczak said. The firm's lawyers meet ( 1 I. 1, yea7t, en masse every few months to talk about effec- tive ways to deal with legal issues, and emit& on similar topics are frequently circulated. "By pooling our knowledge, the lawyers ckait have HOWD efr LUDORF to invent the wheel every time Dembiezak said. Total Cr The firm, said its leaders, is dedicated exclu- Firm Office(s) sively to "public entity defense work" Thcanas HARTFORD, CT BOSTON, -MA Gerard% firm manager and head of the munici- Litigation pal liability group, said his lawyers are constantly (860) 247-3666 (617) 371-2997 16 14 Partners reading up on a wide variety of munidpal law dedsions and handling multiple cases or appeals Litigation that are "very important to tramicipalities." 16 14 Associates "It becomes a strategic advantage to make that kind of dedication," Gerarde said. "I think that people who are out there in the business Other tend to know who is dabbling in [the practice Attorneys WWW.DANAHERLAGNESE.COM area] and who is immersed in it"

Continued on PAGE 14

APRIL 28,2014 12 CONNECTICUT LAW TRIBUNE

LITIGATION DEPARTMENT OF THE YEAR Appellate Litigation

A Cohesive Group Builds Confidence, Credibility

ROBINSON eb. COLE'S appellate unit thrives with team-first approach

By DOUGLAS S. MALAN

Standin g , left to li g ht: James R. Nault, VV y stan M. Ackerman, J. Ty ler Butts, es a trend that Robinson & Cole partner Jef- appP1101- lawyers," said White, who took over Thomas J. Donlon, Bracliord S. Babbitt, Amanda B. Gordon, Stephen 0. Clanc y Ifrey White has noticed over the past 10 years. as chairman of the firm's 12-lawyer appellate and Jaime M. Landr y. Seated: Linda L. IVIorkan and Jeffre y J. White Larger firms outside of the appellate hub of group at the beginning of 2013, lesaiing seven Washington, D.C., have been focusing on build- other partners/counsel and five associates. "We ing up teams of appellate lawyers to show their Insist they all dedicate some time to being an depth and expertise. appellate lawyer We want people who are fo- man. Plaintiff Greg Knowles filed a dass action less than $5 million for the class, and so the When White looked at Robinson & Cole's cused on the rules of appellate procedure, know In Miller County, Ark, against Standard Fire, federal court sent the case back to the Arkansas ranks, he saw every reason to believe that the the judges, know how to write briefs and have alleging that the insurer failed to pay contractor court system. AmLaw 200 firm could follow suit and create them work together efficiently!' fees on certain homeowners' insurance claims The U.S. Court of Appeals for the Eighth a powerful Connecticut-based appellate group So far, so good. Robinson & Cole's appel- following damage from a 2010 hailstorm. Circuit refused to hear their appeal, so Ack- equipped to handle cases in courts throughout late group delivered many impressive perfor- Ackerman and Goldnian knew insurance erman and Goldman petitioned the U.S. Su- the country. mances during 2013, taking a key case to the companies had been forced into high-dollar set- preme Court, which had denied certiorari on It's not as simple as cobbling together law yers U.S. Supreme Court As a result the firm has tlements in the Arkansas court, and they were the issue in a separate case in 2011. "We took who have handled some appeals, White said. A won the Connecticut Law Tribune's Litigation Interested in moving the case to federal courts a flyer on the Supreme Court,' Ackerman said. strong group must be dedicated to understand- Departments of the Year Award in the appel- under the Class Action Fairness Act (CAFA) of "Ifs a case that Travelers really wanted in fed- ing various rules of appellate procedure, know- late law category. 2005. The law states that any class action dispute eral court;" where the law provided the corn- attn.:Ala*. mg-Irma lartri %writ-incl. MAI:hrs. Th syrm..111 Marl nava-not rrrrrtrtrofirtrt ttriA irrimirrirtn. mrrro •""15 the `"`" T"'"'"'"" r""b"'" " ""``b "`"'"'"' e showcase from 2013 imirthrPri 1416.11 briefs that address those judges' concerns. The Standard Fire Insurance Co., a subsidiary of than $5 minion must go to federal court, which The Supreme Court granted Ackerman and "We knew we had the people in place and we Travelers Companies, which was represented b y then scrutinizes the claim. In federal court, wanted to implements teamlike attitude among partnerystan Ackermair and Stephen Gold- Knowles argued that he could potentially seek • Continued on PAGE 13

s SCHOONMAICER, GEORGE, e5 BLOMBERG P.C. B FAMILY & MATRIMONIAL LAW

Commitment. Compassion. Confidence.

Congratulations to

SAMUEL 'V. SCHOONMAKER, III

Named as the 2014 Lifetime Achievement Award Winner By the Connecticut Law Tribune

Dedicated to prim idimg, high qualit ■ legal repro,entat ion INN\ Ik.solidmii\ Lm.Loin (203) G2-00() APRIL 28,2014 CONNECTICUT IAW TRIBUNE 13

• From A COHESIVE on PAGE 12 Second Circuit analyzing a case that involved a meg Leasing canceled its service and refused to v. Miracle Faith World Outreach, she success- spouse suing for lifetime benefits following her pay any more money because the communica- fully represented a bank that had foredosed on Goldman's petition in August 2012 as the first husband's death. The husband had contracted tions system malfunctioned too often. a church that owed nearly $1.7 million. In Cal- case the high court reviewed involving CAM. Alzheimer's disease and the insurance company Nutmeg Leasing prevailed at trial, arguing lender v. Reficcite, Morkan represented a com- The Robinson & Cole duo continued working was paying out only partial benefits, per the in- that malfunctions created a special instance pany that was sued by a female employee who on the case, assisted by high-profile Los An- smees interpretation of the policy coverage. The allowing it to back out of the contract without complained that her job was eliminated after geles constitutional lawyer Theodore Boutrous plaintiffs wanted full benefits. honoring termination fees or any other associ- she filed several worked compensation claims. 'who presented the arguments to the Su- Morkan, representing the insurer, prevailed ated costs, known as "frustration of purpose" in Morkan successfully argued there was no retali- preme Court. in district court and by summary judgment in contract law. ation involved, but the firm had simply phased Boutrous and the Robinson & Cole lawyers the Second Circuit. "It was a very sad case. Our "We wrote a black-letter treatise about this out some jobs after moving some operations out argued that Knowles had no authority to limit job there was to argue that the policy provided and why it didn't apply in this case," Morkan of Connecticut an entire class's claims to less than $5 million in [only] what the policy provided.' said, which led to an Appellate Court victory Marken and her colleagues' wide-ranging damages before the class was certified and be- Several of Morkan's appeals ended with vic- for DDS Wheless. "Our client said, 'We can't appellate case experience in 2013 highlights the fore Knowles was determined to be an adequate tories in the Connecticut Appellate Court. In have people just dropping out of their service objectives White has put in place as chairman of representative of the class. In Standard Fire In- DDS Wireless International v. Nutoteg Leasing contracts: Often in appeals, the client is choos- the group: Take advantage of each other's appel- surance v. Knowles, the Supreme Court justices Marken represented the wireless provider in a ing to appeal on principles that are bigger than late expertise, be dedicated to the work and find in 2013 decided unanimously that the case be- dispute with a company that had signed a con- the case itself." opportunities everywhere. longed in federal court. tract to use mobile services allowing dispatch- Two other Appellate Court cases handled by "We can say we handle appeals in any court

"Having the argument we came up with be es- ers to communicate with drivers. With nine Morkan resulted in the court affirming judg- in the country and ifs not lip service,' White poused by the US. Supreme Court unanimously months remaining on a five-year contract, Nut- ments in her client's favor In Silicon Valley Bank said. "Were certainly very proud of this:' it was a tremendous experience," Ackerman said. "It has elevated our profile as an appellate firm, and it's something that has helped us expand our class-action practice in the insurance industry especially. Client relationships have grown or have started On the basis of Knowles." ;111111" 'Level Of Confidence' Linda Morkan, who dedicates her practice 1111111111. to appellate work, said existing and potential Myles H. Aldennandr. Joseph Biraglla Noel L Bishop Amanda Brosy Cheryl LV. Cassella Jesse D.Conrad Michael Cruz clients are recognizing Robinson & Cole as Partner- Hartford Counsel - Danbury Associate-Hartford Associate. Hartford Associate-New Haven Associate-Hartford Counsel - Middletown — having a deep appellate group with nation- wide experience. "And they like the familiarity and cred- ibility we have with the courts; said Morkan, coc.hairwoman of the Connecticut Bar Asso- ciation's Appellate Advocacy Section. "When a judge is familiar with you and your approach, there's a level of confidence in the information Spencer A.G.Curtis Melanie Dylms Brian G. Enright Radial J. Fain Hon. Frederidc A. Freedman &shone C George Frederick& Hedberg you're sharing that goes a long way to help you Associate- Hartford Associate-Hartford Partner- New Haven Associate-Hartford Counsel-Westport Assodate - Hanford Partner-Hartford win the case." Morkan has been an appellate lawyer at the firm for 25. years and handles about a dozen cases per year Her experience stretches from various state appellate courts up to the US. Su- preme Court 'Most trial, lawyers used to handle their own appeals, but I have seen a major sea change as Jonathan W. Kelly lawyers have become more focused on particu- Associate- Hartford lar areas; she said. "Clients are calling for peo- 3 years ago we invited ampitious attorneys ple with specific skills needed to prevail in an appeal, dealing with discrete rules and discrete to come and grow their practices with us judges. It's a different skill set" Morkan's 2013 appeals covered a range of 860.522 61_03 I halloransage com ooh who hasjoined our team to build practices topics In Frank v. Reassure LO Insurance, Morkan ended up in the U.S. Court of Appeals for the Daniel J. Misch Partner-Hartford

Michael A. Leone vincent A. Llberti Jr. Daniel M. Undenberg Brad N. Malidd Christopher J. McCarthy James C. McGuire Peter R. Meggers Associate-New Haven Partner-Hartford Associate - Hartford Counsel -Middletown Partner-Hartford Counsel -New London Associate- Hartford ROBINSON & COLE

Total CT Firm Office(s)

Litigation 26 22 Partners Arnold I. Menchel Zachary& Mintz Andrea N. Moffitt Matthew& Neal Casey D. O'Connell Ban O'Hara Allen Gary Palmer Partner- Hartford Associate-Westport Associate -Hartford Partner- Hartford Associate-Hartford Associate-Hartford Partner-Westport Litigation — muttemateensms 14 13 Associates

Other 14 9 Attorneys

% Total Revenue tquar irks Olt 27% 30% Jennifer A. Pedevillano James.i. Pedal Cherie Rosemond Andrew I. Schaffer Geoffley L. SquItiero Alyssa Swaniger Brian ETims From Associate-Hartford Partner- New Haven Associate- Hartford Partner-New Haven Partner -New Haven Associate-Hartford Assodate -Westport Litigation

ome firOW Your Practice 1 Contact David Urbanik, COO • Direc : 2 • -Ma : uoanihgha oransage.com APRIL 28,2014 14 CONNECTICUT LAW TRIBUNE

LITIGATION DEPARTMENT OF THE YEAR Complex Federal Litigation

Making Clear Arguments In Complex Cases

AXINN VELTROP has patented approach to succeeding in federal court

By JAY STAPLETON Members of Axinn Veltrop's litigation TansIti and Francis Morrison III. A Johnson 8r Johnson subsidiary sought to court jury to award its client $16 million; Glo- ..stop a manufacturer. of spinal implants bus has appealed the ruling. from violating its patents related to the tech- Because of the firm's repeated success with nical issues to attorneys with particular exper- motion to dismiss on seven of eight causes of nology Fast action was needed. So the compa- federal litigation, Axinn Veltrop is being recog- tise in those areas. action. "There was a general perspective that ny turned to a Connecticut law firm that prides nized by the Connecticut Law Tribune as the That approach, in turn, helps Axinn. Vel- state court in New Mexico is not a good place itself on getting results in federal courts across winner of the Litigation Department of the Year trails lawyers make dear presentations In for an complaint against an insurance compa- the country—Axinn, Veltrop & Harkrider. Award in the complex federal litigation category. courtrooms. "You don't want to get lost in the ny" Rohback said. The firm filed a lawsuit on behalf of the sub- Axinn Veltrop, with offices in Hartford, weeds with the technological stuff; said Fran- In addition to continuing to work for firms sidiary, DePup Synthes Products, against Glo- New York City and Washington, D.C., was cis Morrison Ell, a Hartford lawyer who was a such as Google, for which the firm served as bus Medical Inc. in 2011, seelcing damages. for founded in 1997 by three former Skadden, lead attorney in the Johnson & Johnson case. an antitrust counsel during its $700 million ac- three claimed patent infringements Last year, Arps, Slate, Meagher & Flom lawyers. Shire "You can't try theses cases without people who quisition of ITA Software Inc. in 2011, Axinn Axinn Veltrop convinced a Delaware federal then, it has grown to 60 lawyers. The firm has understand the technology enough to make a Veltrop in. 2013 saw an increase in litigation used lateral hires and gradual expansion of the dear presentation to the trier of fact, or here business from pharmaceutical companies on Washington office to strategically develop its [in the spinal implant case], it was a jury" a variety of issues, including efforts to secure antitrust, intellectual property and complex As its record shows, the firm is not afraid Food and Drug Administration approvals for litigation practices, attracting clients ranging to prepare a case for trial, and has worked in medication. from footwear manufacturers to Google. many cases involving federal agencies. In Janu- One of the cases that kept Morrison busy last 'Axton can be described by what it is not," ary 2013, Axinn Veltrop resolved a case favor- year involved a contract dispute aver the use of said Thomas Rhobacic, the litigation depart- ably fiv a client, Alvogen Inc., after intervening debit cards. He led Axinn Veltrop's representa- ment chairman "Asian is not a large, general in an action brought against the FDA by the tion of Evolution 1, a company that provides practice law firm with an army of associates brand company over generic versions of an an- debit cards to be used for out-of-pocket medi- in a pyramid structure. Axinn is a litigation tibiotic drug. cal expenses. Evolution 1 had a contract with a boutique. The firm has experienced and so- The Axinn team successfully defended benefit administratot Flex-Plan services. When AXINN VELTROP phisticated trial lawyers, a core of aggressive against the brand company's motion for a Flex-Plan sought to terminate the contract on young partners and a small number of very temporary restraining order and preliminary short notice, Evolution 1 brought a breach-of- Total CT bright associates drawn from the top talent Injunction and prevailed in an intervenors' contract claim in federal court in Seattle. Firm Office(s) pool nationwide' motion to dismiss. The team also continued While the debit card technology wasn't In other words, the firm is built for com- to represent Mega Brands, which had com- complicated, the legal issues surrounding the Litigation plex federal litigation on the national scale, 19 10 plained that U.S. Customs officials had halted contract and possible damages were. "We had Partners handling cases from California to New York to Imports of its toys. Axinn Veltrop in early 2012 to come up with an irrevocable harm argu- Florida. "The whole firm is a litigation firm; got U.S. Customs and Border Protection to lift ment, that our client was going to be harmed Litigation said managing partner Jame& Veltrop. "Every the import barriet because it would not be able to collect what is 30 10 Associates lawyer here has trial experience; that's the Veltrop said the firm uses its nationwide called a swipe fee, for every time the card was heart of the whole firm; knowledge of the courts to create leverage for not going to be used after the contract was vio- % Total their clients. In one case, the firm defended lated," Morrison said. Revenue 100% 100% 'Lost In Weeds' Travelers Insurance against a claim the in- Morrison moved for a preliminary injunc- From IP and other federal cases can get quite com- surer had violated state regulatory laws in New tion, which prevented Flex-Plan from termi- Litigation plicated. The firm addresses that with a team Mexico. The claim was brought in state court, nating the contract. "[The case] virkly settled, approach. A senior partner is put in charge of but the firm's lawyers managed to have the case and the rlient was very pleased with the result: the case; the partner then assigns highly tech- moved to federal court, where Travelers won a Morrison said. •

from PUTTING on PAGE 11 experience to have six police officers sitting St. Juste won a workers' camp case in the Con- al intrigue" to the practice of law behind her in the courtroom, Shaw said. And necticut Appellate Court that focused on how Even more intrigue comes from parrying For example, the insurance carriers who pro- It was interesting to work with the judicial much time an employer has to contest an em- with the plaintiffs bar, which often lobbies vide coverage of towns in municipal risk pooh district's state's attorney. and learn about legal ployee's alleged injury to limit the types of actions for which mu- and the corporation counsel for self-insured concepts such as asset forfeiture. "It's one rea- Griffin said workers' compensation cases nicipalities enjoy immunity from lawsuits. cities tend to know that Howd & Ludorf is im- son I love being a lawyer," Shaw said. "Often- illustrate the 'complexity" of municipal law. "We're constantly in a battle protecting the mersed in this practice area, Gerarde said. times you have to learn a whole new area and There are different statutes that apply to town Immunities or clarifying what's the scope of the immunities that municipalities have," Police Chase Case Gerarde said. The firm had several wins in 2013 for its Howd & L w1orf hanates every type Of mutticipat imgation Howd & Ludorf handles every type of mu- municipal clients. Gerarde estimates that five nicipal litigation under the sun, Gerarde said, attorneys won jury trials in state and federal under the sun, whether it's claims brought by students injured whether ifs claims brought by students injured courts. Dembiczak won a jury verdict against a in gym class, by developers who believe they defendant who led Hartford police officers on a in gym class or by developers who believe they have been have been unfairly denied permits, by accident high-speed car chase and a foot chase and then unfairly denied permits. victims alleging highway defects, or by parents filed, a lawsuit claiming excessive force was used upset by the services provided to schoolchil- in his arrest. dren with disabilities. Shaw won a case involving claims that Me- you have to become an expert in order to win official% police officers, firefighters and teach- "When you work with municipalities, you riden police made an illegal entry and then your case." ers. Their "are so many different facets that a get to meet a great group of people, who are took cash from a safety deposit box that alleg- Colette Griffin, a partner who leads the firm's municipality has, from educators to police and your clients," Gerarde said. "Municipalities are edly shouldn't have been seized. It was a great workers' compensation practice, and Harrold firefighters," Griffin said. "It brings an addition- stocked with dedicated public servants." • APRIL 28,2014 CONNECTICUT LAW TRIBUNE

LFflGA ON PEPAHIMEN OF internal Investigations & .Corporate Compliance

Knowing The Playbook From An Insider's Perspective

WIGG1N AND -DANA'S white-collar group features former prosecutors, regulators

By AMARIS ELLIOTT-ENGEL ••-... If

en big companies face big problems, appeals and assistant-in-charge of the Fairfield Wiley usually hire giant law firms with County office. deep benches of lawyers. But one more mod- Partner Margery Feinzig was an assistant est-sized Connecticut firm is often hired to U.S. attorney for 18 years in the Southern Dis- or embezzlement retain Wiggin to conduct in- the Commodity Futures Trading Commission. enter the ring against government prosecutors trict of New York. David Hall served 23 years ternal investigations. Clients that export pmd- There are even new challenges from SEC whis- and regulators. as an assistant U.S. attorney in Philadelphia. ucts, particularly defense contractors, receive tleblower programs that give employees incen- Wig& and Dands white-collar defense m- Richard Levan worked for the Securities and guidance on complying with federal and inter- tives to report securities law violations. vestigations and corporate compliance practice Exchange Commission. national trade regulations. "Federal authorities have been very aggres- group fights above its weight class, its lawyers David Ring spent 17 years with the Justice White-collar practitioners are operating in sive in pursuing their cases and their matters," say The firms has 150 attorneys in Connecticut, Department, serving in the public integrity sec- an environment of more aggressive enforce- Glasser said, specifically mentioning enforce- New York City and Philadelphia, but takes on tion before moving on to the U.S. Attorney's ment, Martini and Glasser said. While the U.S. ment of the Foreign Corrupt Practices Act. the types of cases usually handled by much larg- Office in Connecticut and then to the post of Attorney's Office in Connecticut still focuses a They're doing ft with great vigor er firms, said James Glasser, the firms litigation United Technology's Corps global director of lot of attention on drugs and violent crimes, it Wiggm's white-collar unit also represents di- department chairman. compliance investigations. Many of the associ- For its success representing clients that in- ates are former prosecutors, too. clude hedge funds, defense contractors, health- Said Martini: 'A lot of the time you only ex- 20.1„i, iwn convnura i*e &a not 40 pursue charges care providers, insurers, accounting firms and pect to see that level of governmental experi- tech firms, Wiggin and Dana has won the Con- ence from a big New York City law firm." against Connecticut and New -York hedge jUnds and tile U.S necticut Law Tribune's Lftigation Departments Said Glasser: "The wealth of governmental of the Year Award in the government investiga- experience we have both as federal and state Commodity Futures Trading Commission not to pursue charge tions and corporate compliance category. prosecutors and working for different agendes One of the practice group's strengths is that and regulators, gives us the ability to ... know against a Connecticut-based securities broker-dealer. many of its nine partners and 15 assodates have the playboalc." worked on the other side—as federal prosecu- Inside knowledge helps Wiggins tors or regulators. defense attorneys know what is going on during is also prosecuting more health-care fraud and eats targeted by state agencies, including the Of- Practice group chairman Joseph Martini various stages of an investigation. Governmen- while-collar matters, Martini said. fice of the Chief State's Attorney and the Attor- worked nine years for the U.S. Attorney's Of- tal service also ors "tremendous courtroom There also are many more federal govern- ney General's Office. Defending companies ac- fice in Connecticut, prosecuting cases involv- experience," Martini said. ment regulators now Martini said. In the past, cused of violating the Connecticut False &ma ing export violations and defense contractor Just as important, said Glasser, the attorneys he said, aggressive enforcement was largely Act is taking up more time and energy fraud, among other things. Glasser spent 19 are able to help clients avoid court in many in- limited to the Justice Department, SEC Depart- Glasser said that Wiggin and Dana is equipped years there, serving as counsel to the U.S. at- stances by demonstrating 'to regulators why ment of Health and Human Service and Inter- to handle a more complex and aggressive regula- torney, chief of the criminal division, chief of whatthey think is at issue is not in fact at issue; nal Revenue Service. tory environment on behalf of dients because the Glasser said. Now white-collar attorneys must understand white-collar group does this sort of legal work In 2013, Wiggin says it convinced the SEC the prerogatives and the priorities of regulators full time and stays on thecutting edge. not to pursue charges against Connecticut and from lesser-known agencies such as the Public "We've got a deep bench; said Glasser, 'and New York hedge funds; the US. Commod- Company Accounting Oversight Board and Ifs a bench that doesn't dabble." ity Futures Trading Commission not to pursue charges against a Connecticut-based securities broker-dealer; and the US. Attorney's Office not to pursue criminal charges against a U.S. sub- • Connecticut sidiary of a British company accused of supply- 014 ing defective items to the US. military. Lawiribune Further, the Treasury Departments Office of Foreign Asset Control was persuaded to resolve, WIGGIN AND DANA "fora small fraction ofthe possible exposure" the no millions of dollars in fines and penalties a global Total CT defense contractor faced after an employee sent Special Sections Firm Office(s) antenna systems to a distributor who intended to sell them to an Iranian-owned tanker company. Litigation 32 24 The law- firm's normal approach in these in- Partners stances is to report to prosecitors and regulators 5/12: Health Law that the firm has conducted its own investigation, Litigation 34 29 and that while violations may have occurred, the 5/26: Personal Injury Hall of Fame Associates problems have been corrected. "We have had a lot of success in that regard," Martini said. Other _6/2: Employment & Imm_i_gratipn Law 6 4 Attorneys Rode Regulations The firm also does a lot of preventive work. To submit an article, email: [email protected] Major companies who suspect employee fraud

APRIL 28,2014 16 CONNECTICUT LAW TRIBUNE

LIT4GATION DEPARTMENT OF THE YEAR Insurance Litigation

Single-Minded Focus Nets Big Results

SAXE DOERNBERGER & VITA T .:,

finds 'niche within niche' representing policyholders ff ev J. arid DC.g.r Si2:11:1,1110, [.= ■ 1_ H Scot 1t^../1111i,171.E- D ■ By GINA PASSAREUA GiFC;;.1!%. Pc ciolAt-4, be r t_ A5E0Ci17.; Of iVlit:1:1•21 tez, Cave Doernberger & Vita leverages its special- Saxe Doemberger's focus on tailoring re- Oized practice with a small but growing team covery strategies resulted in $47.5 million in to benefit its insurance clients to the tune of recoveries for its clients last year—a figure the The firm credits its litigation model for to work with a set team of associates across nearly $48 million a year in recoveries. firm said it has matched or beat every year for much of its success. It assigns a customized several cases. He said his firm has found al- The Hamden-based insurance litigation bou- the past five years. And not only does the firm team to each file opened, grouping together lowing associates to work with a variety of tique describes its practice as a "niche within a recover money for its clients, it creates new a partner, associate and paralegal who make different partners fosters more learning and niche," referring to its decision to solely repre- law in the process, with one of its wins in 2013 the most sense for that particular client and diversity of thought sent policyholders in coverage disputes. But informing courts in two other states deciding matter. The "adaptive" approach,according Knowing the law isn't something taken for limiting the client base has not limited the work similar issues. to the firm's leaders, makes for better re- granted at Saxe Doernberger. The lawyers are In 2013, the firm opened 244 new files, added Saxe Doernberger's enviable track record has sponse time and a more consistent, efficient trained in-house through seminars and one-on- five attorneys and six staffers, and made com- landed the 15-lawyer shop a Litigation Depart- work product. one mentoring. They're also expected to spend mitments to hire two more lawyers in the early ments of the Year Award in Insurance Law from Litigation department chairman Edwin part of this year. the Connecticut Law Tribune. Doernberger said many firms assign a partner 111 Continued on PAGE 17

[ M L i f /—■ I 11/1pca1 Malpractice Litigation

Perfecting A Treatment For Doctors In Distress

DANAHER LAGNESE U.L1not4.•1 11:1(jO1R)11 S,2,1;•.(1,i;cr,i) ;(,) approaches medical malpractice defense from multiple angles I d isL;t1(..; W.:•kon, Poscly i:urn IC) I1 ik ('C" 1(4, C.41 Anci,f 144411 D.iodher, Jovo. ■ By CHRISTIAN NOLAN i;of) Volov V.k.); olc rook S.,.-mio:L

Tlanaher Lagnese has medical malpractice up into teams based on areas of expertise. If a Lagnese said the teams evolved naturally year included a claim broneht by the estate of 1J defense down to a science. doctor who treats cancer patients gets sued, based on the types of cases certain lawyers were a woman who died of breast cancer against the The Hartford firm's 26 lawyers are divided certain lawyers handle those malpractice getting and the medtral professionals they were woman's doctor. The plaintiffs claimed doctors cases involving cancer. Other teams focus on used to working with as dients. did not read earlier mammogram images car cardiology, birth injuries, nursing home and "Then it occurred to us we should formalize redly, It-tiding to her death 14 months after her rehabilitation cases, orthopedics, anesthesiol- it in a more structured way; she said. diagnosis in 2005. ogy and radiology: "It also becomes in part client preference," The defense argued that the tumor in the "We've defended thousands of cases at this said partner Neil Danaher. "Attorneys estab- woman's breast did not follow the usual pattern epadmetel point,' said partner Joyce Lagnese. "Once lish relationships with specific clients, and the for cancer. Rather, it was a "lobular carcinoma" you've been doing this for as long as you have groups [of clients] sort of tend to gravitate to which is less discernible from normal tissue and r a lot of the medicine is similar over similar sometimes one attorney or a couple of attor- more difficult to detect with mammograms. types of cases. Just using birth injuries for ex- neys as opposed to others. You certainly-want to In another case, the estate of a man who ample, the medicine involved in those cases meet those wishes whenever you can." died of a drug overdose sued MidState Medi- is extremely complex. It is so much more ef- The firm has also worked to build its ex- cal Center in Meriden. The man had been DANAHER LAGNESE ficient from a client's perspective if teams of pertise through hiring. Former nurses have taken to the hospital following a heroin over- attorneys become acquainted with medicine been brought on as paralegals and, in the dose. Before his arrival, he had been given Litigation Partners 11 In that area." past, former doctors joined the firm after Narcan, a drug that counteracts the poten- Because of Danaher Lagnesds approach to earning law degrees. tially fatal effects of such an overdose. The Litigation Associates 13 med-mal defense, and its success in the field, "I've had two clients rve represented as plaintiffs claimed the hospital was negligent Other Attorneys 2 the firm has won the Connecticut Law Tribune's doctors who went on to become lawyers; because it released the man before the effects Litigation Departments of the Year Award in Lagnese said. the medical malpractice adegary. The firm's successful defense work in the past • Continued on PAGE 19

APRIL 28,2014 CONNECTICUT LAW TRIBUNE 17

• From SINGLE-MINDED on PAGE 16 on the issue, with most finding in favor of poli- Virginia supreme courts cited Capstone in construction hotels 18-story glass atrium col- cyholders. The Connecticut Supreme Court fol- their decisions. lapsed, resulting in delays in the project's com- several hours a year attending semhiars on na- lowed the majority citing the everyday mean- Saxe Doernberger was involved in another pletion. tional insurance and risk management issues. ing of the ward "accidPne as any event that is notable case, this one in Maryland. The firm The Connecticut law firm fought for insur-

Risk management goes hand-in-hand with "unexpected or iminteuded." Because defective represented two contractors involved in a joint ance coverage for the rare claim of scheduling Saxe Doernbergefs litigation focus. The firm Impact costs. It was an issue never before ad- said its commercial clients have shown an in- dressed in Maryland courts, and the insurance terest m prevention programs aimed at avoid- Although relatively small in attorney head count, Saxe company vehemently denied responsibility for ing insurance disputes. lb that end, Saxe Do- covering damages related to construction de- emberger has advised clients on modifying Doernberger has natiOnal and international reach. In 2013, lays, Saxe Doernberger said. The insurer fought insurance policies and contractual risk trans- for more than three-and-a-half years before fer requirements, performing such consulting it litigated matters in Connecticut, New Jersey, New York, a confidential settlement was reached in June work m partnership with national insurance 2013, a monthbefiire brokerage firms. Maryland, Virginia, California, Delaware, Texas and Mexico. Doemberger said the firm's focus on poli- Partner Gregory D. Podolak explained that cyholders has "helped us to build a successful insurance brokers know the professionals on practice because we're able to concentrate on a Insurance company staffs. work is tudntended, the court rejected the -idea venture to construct a $900 million hotel and specific goal of our clients, which. is to be able to "We recognized over the last few years that that insurance coverage should be precluded. convention center. The $40 million dispute cen- get insurance coverage that they expect-to get" there is a dovetailing of interests between the After that ruling came down in favor of Sax tered on whether an insurance company was A pretty simple philosophy that carries work that we do and the services that insurance Doemberger's client, the Georgia and West obligated to pay for damages when the under- through a lot of complex matters. • brokers provide, so we work with them and their established client base," Podolak said. The firm is often called in by longtime cli- ents and first-time customers to offer advice on drafting insurance policies. About 17 percent of the firm's revenue comes from counseling work, THE TENTH ANNUAL while the rest comes from liligation. Capstone Case Edwin Archer Randolph Although relatively small in attorney head count Saxe Doernberger has national and international reach. In 2013, it litigated mat- ; ;i v icl J r Diversity Award ters in Connecticut, New Jersey, New York, Maryland, Virginia, California, Delaware, The Lawyers Collaborative for Diversity was founded in 2003 by a consortium of law firms hoping to Texas and Mexico. The firm also handles ap- change the scope of diversity in Connecticues legal community. Our mission is to unite the resources, energy pellate matters, appearing in 2013 before the U.S. Court of Appeals for the Fourth Circuit, and commitment of the States leading law firms, public sector entities, law schools and state bar associations in New York state appellate courts and the Con- the joint mission of making Connecticut a more attractive place for attorneys of color to practice law and find necticut Supreme Court. satisfying professional opportunities. It was in the Connecticut Supreme Court that Saxe Doernberger achieved one of its most For the last ten years, this mission has been realized through our many programs. One notable victories. In Capstone Building v. American Motor- such program is our annual Edwin Archer Randolph Diversity Award Celebration. Every ists Insurance, the high court ruled in favor of year we celebrate a member of Connecticut's legal community who exemplifies the spirit Saxe Doernberger's client Capstone Buikling of Edwin Archer Randolph and has made great strides for diversity in Connecticut This Co., which had served as the general contrac- award is named for Edwin Archer Randolph, a Yale Law School graduate, who was tor for a new residence hall on the University of the first lawyer of color admitted to the Connecticut Bar in 1880. Through his service Connecticut's Storrs campus. In 2004, UConn alleged that the building's construction was de- in various public offices, Mr. Randolph was instrumental in promoting the inclusion fective, citing the work of subcontractors. and advancement of lawyers and other professionals of color in Connecticut The LCD UConn and Capstone mediated a settlement. is honored to present this award annually to a member of our legal community who Capstone than sued American Motorists Insur- emulates the same qualities and progressive spirit. ance Co. to recoup damages paid to UConn. Commercial general liability policies generally state that policyholders cannot collect insur- ance payments unless "property damage" is This year, we will honor caused by an "occurrence," which is most often defined as an "accident" Insurance companies Karen DeMeola have traditionally argued that defective con- struction and faulty workmanship is not ac- Assistant Dean of Students cidental because contractors should know that at the University of Connecticut they could be held financially responsible for a School of Law poor job. The issue had been addressed in a number of states, but not in Connecticut Courts have split Karen received her undergraduate degree in psychology from UConn and her J.D. from UConn Law. After graduation from law school, Karen was a civil rights litigator whose practice focused primarily on employment discrimination, police brutality and housing discrimination. Karen is admitted to practice in Connecticut and the Federal District Court,bistrict of Connecticut Karen has presented on numerous panels, conferences and symposia on diversifying law school populations the intersectionalfty of race, class, gender, religion and sexual epaitinwid orientation; affirmative action and admissions; the Defense of Marriage Act, and numerous pipeline projects. eet. Karen also serves as an adjunct professor teaching Critical Identity Theory." ) Iii . ye We are very excited to honor Karen! We look forward to a wonderful event In order to make our event successful, we depend on the sponsorships of our generous members and others who believe in our cause. SAXE DOERNBERGER If you or your organization would like to become a sponsor, please contact LCD's Program Coordinator, Kai VITA Davis, at (860)524-5386 or at [email protected] .

Litigation Partners 5 Litigation Associates 10 We invite you to join us for this special celebration on

Other Attorneys 0 May 14, 2014 at the Wadsworth Atheneum, 600 Main Street, Hartfird. r.' • % Total Revenue 83% We hope you will join this event specifically designed for From Litigation Connecticut's legal community as we honor Karen's exceptional work! APRIL 28, 2014 18 CONNECTICUT LAW TRIBUNE

toward a black em- LITIGATION DEPARTMENT OF THE YEAR ployee of a security service while both worked at an educa- Labor & Employment tional complex called a c' ,,fl_ 3 the Learning Cor- • 1•■:. =if Litigation ridor The janitor i Wig/ asked for a cigarette, and when the secu- rity worker refused, the janitor reportedly hurled racial slurs. Later, the incident Focused Firm Seeks led to a nose-to-nose verbal confrontation that was witnessed by High-Impact Results another worker The janitor daimed he later apol- SIEGEL O'CONNOR ogized, shook hands with the security em- works hard to be a leader in employment law ployee and said that he thought using the racial slur as a slang By AMARIS ELLIO1T-ENGEL term was OK because he heard the security iegel, O'Connor O'Donnell & Beck likes to do or does it sporadically: employee and the Om= than win cases. The firm, with Hartfind "If you ask me, 'This is the fact pattern I third worker using and New London offices, wants to have an hn- have with my employee I can immediately it in other conver- pact on the law. Its leaders say they're able to do give good advice as far as what you might sations. The janitor that by keeping their focus on one practice area. experience and how you might avoid further complained that the Members of Siegel O'Connor's IHri&:tiion team. Stand- Nearly 90 percent of Siegel O'Connor's cases problems; Dulil said. two other workers ing, left to right: George J. Kelly ii. , Glenn A. Duhl, Involve employment law, ranging from wage But sometimes thoseproblems cadtbemidecl, lied about what hap- Michael J. Spagnola and Michael P. McGoldrick. Seated, and salary law disputes to employee disciplin- and litigation ensues. One Meat)* for the firm pened and that their left to right: Jillian C. Orticelli and Angelica M. Wilson, ary actions to employment discrimination al- last year, included in its application for the Law complaints led to his legations. In 2013, the firm and its 16 litigators Trthune award, was winning a. case that it consid- termination. had enough high-impact success stories to be ers to be "of paramount importance because of its Duhl and another Siegel O'Connor attorney, bad faith by confinable the defendants changed named the Connecticut Law Tribunds Litiga- precedential affect on unionized wadcforces and Angelica Wilson, represented the employer, their commission plan solely to depnve the plain- tion Departments of the Year Award winner for arbitration procedures as a whole." Premier Management Inc. The arbitrator ruled tiffof a commission..Still, the Siegel O'Connor trio labor and employment law Siegel O'Connor attorneys George Kelly Jr. In Premier's favor after finding the security co- persuaded the jury that its client had not breached Glenn Dub!, managing partner and head of and Jillian Orticelli represented the Connecti- workers were more credible witnesses, stating: a ,:aratract or operated in faith. the firm's litigation department, said his attor- cut Jnatchal Branch against claims made by AF- 'Although [the janitor] presents himself as the -Thecase also was an example of the tombese neys can get results faster than "someone who SCME, AFL-CIO, Judicial Employees Local 749. victim of a conspiracy he offers no reason to ac- onterrncilogy. Siegel O'Connor created an inter- picks up an employment case for the first time Herbert Bagwell worked as a juvenile detention cept his version other than his assertion that he nal discovery index and database to put produc- staff supervisor until he was fired in September only did some ofthat ofwhich he is accused and tion records at the fingertips of its legal team 2009. Ills union filed a formal complaint. Bag- that he immediately apologized." during trial and summary judgment 'hearVs. well showed up for the first hearing, but left be- The law firm calls the decision an impor- An outside company was hired to set up the fore the proceedings concluded. He didn't show tant one, as it 'affirmed the employer's right to Hartford courtroom so deposition transcri01 up for a rescheduled date. The arbitrator went manage its workforce, and to enforce its zero- and trial exhibits could be called up at will and ahead with the hearing and dismissed the griev- tolerance policy for workplace discrimination, displayed to the jury on computer screens. ance, finding that Bagwell had both abandoned harassment and violence despite the confines of Ifs just the latest development for a law his grievance and been terminated fir just cause a collective bargaining agreement." firm that's been around for half a century and, under the collective bargaining agreement despite its boutique size, frequently receives In June 2011, a trial court granted the union's Sales Commissions referrals from other firms to handle labor and SIEGEL, O'CONNOR, motion to vacate the arbitrator's decision. But In another case, Duhl, Kichael Spagnola and employment matters. Duhl said in addition to on appeal, the Connecticut Appellate Court Ortkelli won a defense verdict last August in the having an impact cm the law, the firnis goal is to 0' DONNELL & BECK ruled that the arbitrator did nothing improper case of a salesman seeking $18 million after he save clients money both by preventing litigation in reaching his decision. The appeals court daimed he was denied commission payments. losses and keeping legal costs down. Litigation Partners 6 noted that the arbitrator had found there was Siegel Otcamor represented the salesman's em- "We've prided ourselves in trying to keep our Litigation Associates 3 just cause for the Judicial Branch to terminate ployerr, IPT LLC, doing business as FM Facility rates affordable fur our clients," he said "rm [lit- the workerr, that the findings of just cause were Maintenance, as well as individual defendants. igating] against firms that are sometimes c.harg- Other Attorneys 7 imrhallenged, and thus the arbitrator's decision At the summary judgment stage, Superior mg two to three times more than what my rates "legally can stand on that basis' Court Judge William Bright noted that there was are. We try to stay in a building with overhead % Total Revenue 70% From Litigation In another Siegel O'Connor case involving ambiguity in the employment agreement on what that is more cost-effective. At the end of the day wrongful termination claims, an employer fired salesman had to do to earn COMMiSSiODS. The If I can keep my costs down, I dcait have to pass a janitor who allegedly behaved aggressively judge also ruled a reasonable fact finder could find on the markup to our clients." Breaking ew Now in an App. .rPr- Access the bes1 source of legal news and information-on the go, wherever you are.

- App Store DOWI;o1,40AD NOW APRIL 28,2014 CONNECTICUT LAW TRIBUNE 19

LITIGATION DEPARTMENT OF THE YEAR Intellectual Property Litigation

Scientific Method Yields Positive Outcomes

CANTOR COLB URN

brings nonlegal expertise in the IP law arena Members of Cantor Colbni n's litigOtion lonin Seated, loll to right, Michele Perin°, Phil Colburn and Tasii:t 1-insen. Standing, left to right: Nicholas Geicier, By KAREN ALt William Cass, Chad Dever, Charles O'Brien, Michael Contoi, Andrew Ryan, Jamie Plat kin, 'Ihorrios Mango and Michael Rye.

("War CoIbum is a law firm. And a haven entists are needed if you're going to handle lP scientists. cases nationally and against some of the nations "I think almost 90 percent of our lawyers biggest law fu:ms. And that's exactly what Hart- ing it in simple terms for a jury to understand," product The other referred to "moles," which have a science degree. We're either bored or ford-based Cantor Colburn has done. The rare Cass said. "If you can explain the technology is a unit of measurement used in chemistry. To we like to study: joked the firm's cochairman combination of legal, scientific and business ex- to your mother or a layperson," there's a good do a valid comparison, the moles had to be con- of litigation, William Cass, who has a me- pertise is a major reason Cantor Colburn was clumrP you will be able to explain it to the jury- verted into a comparable unit of weight. rhanirel imgineering degree from Worcester chosen for a Connecticut Law Tribune Litiga- The firnis strategy is to assign a trid team at Cass said the dental manufacturing com- Polytechnic Institute. "We have people with tion Departments of the Year award in the intel- the very beginning of each case and involve the pany's general counsel and Dt Leah Reimer, all levels of expertise." lectual property category. lead trial attorney in every step along the way; who =hairs Cantor Colburds chemical prac- All those biochemists and computer sci- "We have a very large chemical group," said Mantling case management, document review tice, put their minds to the task. "In an hour or Michael Rye, the other litigation cochairman. and discovery. The goal is for the lead counsel to so we were able to establish that the employee's "They have Ph.D.s in chemistry. They have a law create a comfort level—and an opportunity for own earlier patent was prior art," meaning it was degree, but they areal litigators. We can lean on input—rather than have the litigator try to learn similar enough to invalidate the plaintiff's pat- them to help us out with the technical areas we on the fly just before the trial. ent. "In my mind, thatis an excellent example of may not have the expertise in." "We typically pair an attorney who also has teamwork between the client and the law firm C eiocedIment Among the 40-year-old firms strongest suits technical knowledge in the field at issue to assist and why having technically trained attorneys is are patent infringement cases. The finds 14 liti- throughout the case," Cass said. "It's very hands- very valuable," Cass said. 01.1 11): 61 gators—out of about 100 total lawyers—repre- on. That way; you cloak get to trial and have a One other notable 2013 case involved a sent plaintiffs and defendants, patent owners new partner trying the case two-week trial in a patent infringement action and accused infringers. They have traveled to brought by Mon Metrology and its affiliates. roughly 30 states to provide counsel for multi- Dental Difficulties In a case that had been pending for four years, CANTOR COLB URN national companies and startups able, not to One of Cass' favorite cases involved defend- the jury found in favor of Cantor Colburn di- mention individual inventors. ing a manufacturer of dental products. The ent FARO, a Florida-based company that, like Total CT Opponents incimie companies such as phar- company was sued for possibly infringing on a Nikon, makes high-tech imaging equipment Firm Office(s) maceutical giant Pfizer and electronic imaging patent for lithium disilicate, a ceramiclike mate- "Both patents relate to scanning technology titan Nikon. Many clients are in high-tech fields rial used to aimeisue the appearance of natural used for three-tlimenainnal measurement op- Litigation 8 7 such as aerospace, biotechnology; pharmaceu- teeth. The lawsuit asserted that the formula for erations. The jury found that the asserted patent Partners ticals, telecommunications, and software and Cass' client's lithium M.:Mr:ate product was too claims [by Nikon] were obvious and therefore chemical engineering. Some of the technologies close to a previously patented one. these patent claims were declared invalid," the Litigation inrhyle 6 5 that have been the focus of litigation "At one particular meeting. I noticed that Cantor Colburn application for the Law Tri- Associates precision instruments, fiber optics, microwave one of the client's employees had previously in- bune competition states. circuit boards, pharmaceutical and drug formu- vented a similar porcelain: Cass said. "I pointed Cass, who was the lead trial lawyer on the % Total lation, LED technologies and corn oil extraction out that if [that] prior formula overlapped the Nikon case, said that he was involved from be- Revenue 14% 11% technologies. asserted patent formula, the patent would be ginning to end. From Cam said one of the challenges lawyers have invalid" and Cass' client would be in the cleat "We like to be involved in every aspect of the Litigation is boiling down and presenting complicated in- But figuring out whether the formulas over- case," Cass said. "We were very pleased that the formation. lapped was no easy task. One of the formulas jury agreed with FARO that the patent claims "You have to come up with away of explain- referred to the "weight" of the ingredients in the were not valid."

• From PERFECTING on PAGE16 dynamic. There's an extraorrlinnry amount from a clients' perspective. At any given time In tarn, Danaher and other med-mal law- of emotion that these caregivers go through. they know they can access any person and get yers argue that high damage awards drive up of the Narcan wore off and that the man died Bad outcomes for patients impact care pro- their questions answered." medical malpractice insurance premiums, and afterward. viders profoundly. Sometimes people don't Besides their courtroom work, the Dana- those escalating costs could drive doctors out But the defense proved the drug had worn appreciate that." her Lagnese partners represent their clients' of Connecticut. offi the discharge was proper and the man later "No one has ever suggested on the defense died from the ingestion of other drugs after his skle that doctors shouldn't be held accountable discharge. • Danaher Lagnese has also worked to build its expertise if they commit quote-unquote medical neg- ligence. But to the extent we're going to com- Emotional 1b11 through the hiring process. Former nurses have been brought pensate for medical harm is where the debate is Lagnese said what's often lost in news reports focused," said Lagnese. - on as paralegals and former doctors have joined the firm aft- of a medical malpractice case is the emotional Lagnese has been active in providing law- toll it takes on the health care provider makers with a doctor's point of view on these - arning law degrees. "We've had many doctors who have said, issues, though she said the argument is more Tm just leaving the practice, I cannot be put effective when physicians make it directly. through this,'" she said. As such, the firm partners said that the team interests with lawmakers. The partners note "I've tried to play a behind-the-scenes "We work hard at making sure that the approach goes beyond lawyers handling the cases. that the plaintiffs bar, typically through the role," said Lagnese. "I do believe the future welfare of the defendant client is recog- "That support starts right at the front recep- Connecticut Thal Lawyers Association, fre- of health care in Connecticut will depend in nized," said Danaher. "It's a focus of support tion desk and continues through the firm," said quently asks lawmakers to resist lobbying large part on striking an appropriate balance staff too. They work hard to help the clients Danaher. "Our model of practice is very; very efforts aimed at capping damage awards in so doctors feel Connecticut is welcoming to through, which is an emotional and stressful team oriented, which has been very helpful medical malpractice cases. them and not puniahing them."

APRIL 28, 2014 20 CONNECTICUT LAW TRIBUNE

LITIGATION DEPARTMENT OF THE YEAR Commercial/Financial Litigation

Eight Is Enough To Handle High Finance BINGHAM MCCUTCHEN'S small Hartford office has many big-name clients

By CHRISTIAN NOLAN lefi to right, Ivlichael P[7-nri-vard, Cn M Kr.jiri , ST.u.5p: D. P,osr-rl, Su',.;-..n Kim ,,,nc.1 Pilich?")el C. ningham McCutchen may only have eight The Hartford team is particularly strong 1/litigators in its Connecticut office. But they in the high-finance practice areas, strong insist there's no shortage of staff or resources for enough for Bingham McCutdieds Connect- the cases they hsndle both in and out of state. icut octet to be awarded the Connecticut After all, there are 450 total Bingham McCutch- Law Tribune's Litigation Department of the Hartford partners Michael D'Agostino and in mass torts, environmental pollution, silica en lawyers workhykle. Year Award in the commercial and financial Hal Horwich, and Boston partner Sabin Wil- and asbestos, construction defects and prop- And just because the eight Connecticut law- categories. let, represented T. Rowe Price and more than erty- damage cases. yers happen to be in Hartford, that doesn't mean Burke, who works out ofthe finth Boston of- two dozen financial institutions and funds He said the firm is on the plaintiffs' side they're not working on a complex case originat- fice, pointed to some of the firm's successes last in actions arising out of the 2007 leveraged sometimes but more often defends claims ing from another part of the country. year as evidence. buyout of the Tribune Company; a media against clients. "The Hartford litigation team is strong; "For example, in 2013, a team Including giant. The court appointed Bingham Mc- In addition to the David Lerner Associates said Timothy Burke, cochairman of Bingham Hartford partner Michael Blanchard and Cutchen, along with several other firms, to a and T. Rowe Price cases last year, Hartford liti- McCutcjien's Financial Institutions Regula- New York partner Kenneth Schacter secured defendants' executive committee responsible gators obtained a dismissal m a class action that tory; Enforcement and Litigation Group. "Our the dismissal of a putative $6 billion dass ac- for coordinating the defense. had been filed against Oppenheimer & Co., a Hartford litigators have active practices that tion against broker-dealer David Lerner As- 'Both of these matters" confirmed Burke, financial services company. seamlessly collaborate with lawyers through- sociates in the Eastern District of New York," "and many others handled by our lawyers in Institutional investors claimed that an out our offices across the U.S. and overseas, said Burke. Hartford and globally, demonstrate why Bing- Oppenheimer private equity fund misrep- providing clients a full range of services:' Another example? A team including ham is a destination firm for high-profile, high- resented its past performance to investors stakes litigation." by altering its valuation methodology. As a result, it reported a 38 percent rate of return Phone Call Away instead of a loss Plaintiffs asked to reclaim Stuart Rosen, a member of the same fi- more than $60 million in lost investments, nancial litigation team and a partner in the citing Wall Street Journal reports of investi- Hartford office, said getting help on a case gations by the U.S. Securities and Exchange from another Bingham McCutchen lawyer is Commission and the Massachusetts attorney as easy as picking up the phone. "We never general. feel we don't have the support: said Rosen. Bingham McCutchen lawyers, including 'We really go out of our way to make sure Hartford's Blanchard, convinced the federal lawyers handling cases have all the resources court in Massachusetts to dismiss the claim. Research On Call they need to do the best job for the client.' Then, in the shadow of the SEC and Massachu- Rosen said a colleague in California recently setts attorney general investigation, a $325,000 Doing research for a complex case? On a tight deadline? needed assistance in a complicated case pend- settlement was reached. ing in Nevada, so he and three other lawyers "We have a nice mix of individual cases for Let us do it for you! helped out. The Hartford firm recently needed a corporation or individual and repeat clients; help on an environmental law issue within a said Rosen. "What we strive for is a destination bigger case. Rosen said he called the firm's en- shop for commercial litigation." vironmental law partner, who referred Rosen to a colleague in the Boston office. They rhen con- nected on the phone. "That's it, simple as that We're very connect- ed," said Rosen. Rosen confirmed that the Connecticut- epaidm&nl based lawyers often have to go out of state for extended periods to handle cases. "A lot of our cases are not based in Connecticut—Nevada, California, New York pretty much anywhere," said Rosen. The Hartford lawyers serve corpora- BINGHAM MCCUTCHEN tions and institutional clients, focusing on complex commercial, banking, insurance, Total CT insolvency and securities litigation matters. Firm Office(s) C2,111-800-1332-1900 x3 to receive The team represents financial institutions, insurance companies, issuers, hedge funds, Litigation same-day rush service on your first search! 191 6 private equity firms and broker-dealers in Partners Refer to promo code VSROCRUSH. litigation in federal and state courts and ar- bitrations. Litigation 209 2 Clients include Merrill Lynch, Bank of Associates America, MG, JPMorgan, Morgan Stanley; Wells Fargo, Charles Schwab, Sovereign Bank, Other Citibank and Wachovia Bank. 42 0 Attorneys VerdIctSearch 1120 Broadway 5th Floor 1 New York. NY 102711 877-807-8076 4P-AUN Rosen said the firm often defends major financial institutions in securities class ac- tions, as well as representing leading insurers APRIL 28,2014 36 CONNECTICUT LAW TRIBUNE

taigribune

N EVENT

Wednesday, May 28, 2014 The Bond Ballroom 6:00 -7:00 p.m. - Cocktail Reception 335 AiumS• 7:00 9:00 p.m. - Dinner Pr.,:s;211tation Hartford. CT

JOIN US ON MAY 28TH AS THE LEGAL COMMUNITY GAT ERS FOR A SDECIAL NIGHT TO HONOR TRUE LEADERS.

GENERAL LITIGATION- GENERAL LITIGATION- GENERAL LITIGATION- LARGE LAW LITIGATION SMALL LAW LITIGATION OUT-OF-STATE FIRM WITH CT OFFICE Day Pitney Conway Stoughton McCarter & English

APPELLATE LITIGATION COMMERCIAL/FINANCE LITIGATION COMPLEX FEDERAL LITIGATION Robinson & Coie Bingham McCutchen Axinn, Veltrop & Harkrider

INSURANCE LITIGATION INTELLECTUAL PROPERTY LITIGATION INTERNAL INVESTIGATIONS & Saxe Doernberger & Vita Cantor Colburn CORPORATE COMPLIANCE Wiggin and Dana c- LABOR & EMPLOYMENT LITIGATION MEDICAL MALPRACTICE DEFENSE Siegel, O'Connor, O'Donnell & LITIGATION PERSONAL INJURY LITIGATION Beck DanaherLagnese hoskoff, Koskoff & Bieder

SOLO LITIGATION PRACTICE TOWN & MUNICIPAL LITIGATION Law Office of Dori B. Hightower Howd & Ludorf

LIFETIME ACHIEVEMENT AWARD

- Samuel V. Schoonmaker, Ill

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