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Bert Greene named Duane Morris Austin office managing partner

Duane Morris LLP has appointed Bert Greene managing partner of its Austin office. Since its opening in 2017, the Austin office has been run by Houston office managing partner Thomas W. Sankey.

“After three short years, we now have a growing nucleus of extremely talented lawyers in Austin, resulting in an office geared to become an even greater force in this high-tech hub,” said Matthew A. Taylor, Chairman and CEO of Duane Morris. “Tom has done an amazing job spearheading the strategic growth of the firm’s presence in Texas. I know Bert will take the baton and run with it in Austin as we continue to propel our growth in the city and state.”

“I’m honoured to lead an office that has made such a major impact on the firm in such a short period of time,” said Greene. “I look forward to working with my colleagues in Austin, throughout Texas and around the firm to keep building the momentum we have established here.”

Greene’s practice is focused on the enforcement and procurement of intellectual property rights, with a primary emphasis on patent litigation and trade secret litigation. His litigation clients have included large and small technology companies, energy and chemical companies, and retailers in cases involving a diverse array of technologies. Greene has represented both patent holders and accused infringers in numerous federal jurisdictions across the country. He also has experience with patent prosecution, opinion work, portfolio management, copyright litigation, and trademark litigation. Greene has also handled numerous pro bono cases on behalf of asylum applicants in U.S. immigration court.

Greene is a graduate of the University of Texas School of Law (J.D., with honours, 2004), where he was managing editor of the Texas Intellectual Property Law Journal, and the University of Texas at Austin (B.S., chemical engineering, with highest honours, 1998).

About the Duane Morris Austin Office

Duane Morris attorneys have longstanding ties to the Texas legal and business communities and have been practicing law in the state for many years. The opening of the firm’s Austin office in October 2017 further aligned Duane Morris’ domestic footprint with the robust high-technology and energy sectors in Texas. Clients benefit from the firm’s presence in the Texas capital and in Houston, along with the firm’s global breadth of services and experience representing public entities, large corporations, middle-market companies, emerging-growth companies and entrepreneurs.

Duane Morris Welcomes Corporate Partner Anastasia N. Kaup

Anastasia N. Kaup has joined Duane Morris LLP as a partner in the firm’s Corporate Practice Group in its Chicago office. Prior to joining Duane Morris, Kaup practiced at Mayer Brown LLP.

“Anastasia is a hard-working, highly skilled lawyer with a strong commitment to her clients and her fellow attorneys,” said Matthew A. Taylor, CEO and Chairman of Duane Morris. “She is a great fit with our collegial and collaborative culture and the level of client service we strive to achieve at the firm.”

“The addition of Anastasia to our strong and growing Corporate Practice Group will deepen our bench in our very busy national commercial finance practice,” said Brian P. Kerwin, chair of the firm’s Corporate Practice Group. “Her skills and sophisticated transactional experience will be very beneficial to our private equity practice as well.”

“We’re excited to welcome Anastasia to the Chicago office and the firm,” said John Robert Weiss, managing partner of the Duane Morris Chicago office. “She has an impressive skill set, a team-oriented approach and she’s an excellent personality fit with our office, which has been recognised as one of the best places to work in Chicago.”

Kaup has represented financial institutions, funds and other corporate clients in financing transactions across the private equity, real estate, hedge fund, private credit and distressed lending spaces. Kaup structures, negotiates and documents complex financing transactions domestically and internationally at all levels of the organisational structure, with specific focuses on fund finance, sponsor finance and financing in distressed situations. Her fund finance experience covers a wide spectrum of transactions to meet the financing needs of various types of funds at every phase of their existence. She also assists with the analysis and negotiation of investor documents with institutional, governmental, high-net-worth and sovereign wealth investors. Kaup has represented private equity sponsors and their portfolio companies in nearly every industry, as well as lenders to such entities, in a wide array of financing transactions. Kaup also has significant experience counselling clients in distressed situations, in bankruptcy as well as out-of-court restructurings, and has represented clients in some of the most complex restructuring cases in the last decade. She has negotiated and documented countless transactions involving multiple creditors and has substantial knowledge of intercreditor and subordination arrangements and agreements. Kaup’s experience with transactions during downturns as well as growth cycles distinctively positions her to assist clients with a broad range of financing-related needs at any time.

Kaup is a graduate of the University of Michigan Law School (J.D., cum laude, 2010) and the University of Utah (honours B.S., cum laude, 2008).

Duane Morris elevates four attorneys to special counsel

Duane Morris LLP is pleased to announce that it has promoted four associates to special counsel. The firm represents a broad array of clients, spanning all major practices and industries.

“David, Heather, Stuart and Gretchen are tremendous attorneys and have proven their commitment to our clients through their hard work and initiative,” said Duane Morris Chairman and CEO Matthew A. Taylor. “We’re pleased to be able to recognise their accomplishments and look forward to watching them continue to build prosperous legal careers.”

David A. Kahn practices in the areas of corporate and healthcare law, with a particular emphasis on mergers and acquisitions, regulatory compliance, corporate entity and limited liability company formation and organisation, and other general corporate matters. He has experience in the preparation of stock, membership interest and asset purchase agreements, operating agreements and shareholder agreements, employment agreements, confidentiality, noncompetition, non-solicitation and nondisclosure agreements, general corporate counselling and other transactional matters.

Kahn is a graduate of Emory University School of Law (J.D., 2007), where he was a member of the Moot Court Society, and a graduate of Union College (B.A., 2002). Prior to entering law school, Kahn worked as a corporate paralegal for two years at an international law firm.

Heather N. King practices in the area of corporate and securities law, representing clients in connection with complex financings, mergers and acquisitions, venture capital and private securities offerings. She regularly advises management teams and board of directors regarding corporate governance and matters relating to company operations. King has extensive experience advising clients in a variety of industries, including corporate clients in the technology, financial services, consumer products and healthcare industries.

King is a graduate of the University of Baltimore School of Law (J.D., magna cum laude, 2008), where she was associate comments editor of the Law Review, and a graduate of Stevenson University (B.S., magna cum laude, 2000).

Stuart I. Seiden practices in the area of litigation and focuses on representing the interests of clients in state, federal and bankruptcy court litigation matters throughout New Jersey, New York and Pennsylvania. He has experience in mortgage-related litigation; consumer bankruptcy, including adversary proceedings; consumer credit card litigation; and consumer and commercial collections litigation. Seiden’s practice includes defending lenders, servicers and credit card companies from actions brought under TILA, RESPA, HOEPA, NJHOSA, ECOA, FCRA, TCPA and state consumer fraud statutes. He also responds to consumer disputes sent to his clients by state attorneys general offices, the Consumer Financial Protection Bureau and other regulatory agencies. Seiden also has appellate experience in the mortgage-related litigation space.

Seiden is a graduate of Rutgers University School of Law–Camden (J.D., 2005), Lebanon Valley College (B.A., 2002) and The Hill School (1998). Prior to entering private practice, he served as law clerk to the late Hon. M. Allan Vogelson, presiding judge, Chancery Division, Camden County Superior Court. Additionally, Seiden worked for The Sports Corporation, a major professional hockey agency in Edmonton, Alberta, Canada.

Gretchen L. Temeles, Ph.D., focuses her practice on patent procurement and patent portfolio management in the biotechnology, chemical and pharmaceutical industries. She counsels clients from multiple industry sectors including established specialty chemical, diagnostic and medical device companies, midmarket biotech companies, medical cannabis and cannabinoids, early stage start-up companies and universities. Temeles’ experience includes both U.S. and international patent prosecution, patent landscape analyses, freedom-to-operate searches, patent due diligence, noninfringement and invalidity opinions and European opposition proceedings. She works with clients to balance their patent and trade secret portfolios and assists clients with transactional work, including material transfer agreements, sponsored research agreements and licensing agreements. Temeles has experience in prelitigation and litigation matters in molecular diagnostics.

Temeles is a graduate of Temple University Beasley School of Law (J.D., 2009), Yale University (Ph.D., biology, 1987) and the University of Pennsylvania (B.A., cum laude, 1974). Prior to her legal career, Temeles was a research scientist and group leader in a biotechnology company, where she worked on target identification and small molecule drug discovery. Previously, she held research positions at the University of Pennsylvania and Merck Sharpe and Dohme Research Laboratories. Temeles is a co-inventor on two U.S. patents and has authored peer-reviewed scientific papers.

Duane Morris Joins Massachusetts COVID Relief Coalition

Duane Morris LLP has joined the COVID Relief Coalition for Small Businesses and Non-profits, a Massachusetts coalition of law firms, non-profits and government agencies providing pro bono legal support, access to emergency loans and other sources of relief to small businesses and non-profits impacted the COVID-19 pandemic.

Massachusetts small businesses and non-profits can visit covidreliefcoalition.com for access to free legal support on pandemic-related issues including real estate, tax and contractual matters. They can also apply for emergency loans and other sources of relief.

Coalition members include the Massachusetts Attorney General’s Office, City of Boston, Greater Boston Chamber of Commerce, Boston Bar Association, The Boston Foundation, the United Way of Massachusetts Bay and Merrimack Valley, Lawyers for Civil Rights and Lawyers Clearinghouse. Additional law firm partners include Brown Rudnick, Dechert, Fish & Richardson, Foley Hoag, Foley & Lardner, Goodwin, Goulston & Storrs, Kirkland & Ellis, Mintz, Morgan Lewis, Nelson Mullins, Ropes & Gray and WilmerHale.

About the Duane Morris COVID-19 Strategy Team

The Duane Morris COVID-19 Strategy Team is advising clients on all aspects of the legal issues and implications of the COVID-19 pandemic including contractual, employment, insurance and healthcare issues. Attorneys are fielding inquiries and providing advice in a wide range of areas, including human resources, travel and transportation, immigration and border entry, hospital and healthcare operations, medical and pharmaceutical supply, FDA, food handling and preparation, OSHA, ADA compliance, data privacy, HIPAA, environmental and EPA, international transactions, shipping, supply chain and logistics, financial reporting, insurance liability, real estate issues, including landlord and tenant matters, and all types of contracts and quasi-contracts.

Duane Morris Celebrates Black History Month

Last year, Duane Morris had the honor of hosting civil rights icon Fred Gray, who shared inspiring stories of being the attorney who represented Martin Luther King Jr., Rosa Parks and others in some of the most consequential cases in the civil rights movement.

Growing up in the segregated South, Gray made a commitment to himself that he would “finish Alabama State, take the bar exam and destroy everything segregated I could find.”

Only months after being admitted to the bar, Gray’s first case was representing Claudette Colvin, who was arrested on March 2, 1955, in Montgomery, Alabama, for refusing to forfeit her seat for a white rider while on her way to school. While unsurprisingly losing that case (young Colvin was put on unsupervised probation), Gray kept all of the court documents, knowing that another opportunity would come.

After much discussion and strategising in the community, Gray’s friend Rosa Parks famously refused to give up her bus seat to a white rider on December 1, 1955. Parks, only his second client, was arrested on a Thursday and the case was quickly slated for the following Monday. Gray prepared the case over the weekend, while the activists in the community simultaneously prepared for the Montgomery bus boycott. Realising the boycott needed a spokesperson, they enlisted the help of Dr. King, who until that time had not been active in the civil rights movement. Gray argued the case for the next year, until finally achieving legal victory in federal court, ending the boycott after 382 days.

The attention drawn by Dr. King during the boycott prompted state authorities to charge King, who had left Alabama, for perjury in connection with filing a false tax return, of which he was acquitted. Of the achievement, Gray said, “We had a good team together and were able to get an all-white jury in the middle of the sit-in demonstrations in the spring of 1960 to end up finding that Dr. King was innocent of perjury.” Gray went on to explain, “I think that was one of the most important cases because he was now protesting the Vietnam War. If it had come out that, while he was leading this new civil rights organisation and at the same time he’s cheating and wouldn’t pay his taxes, it would have been devastating.”

In the decades that followed, Gray’s legal work in the 1960s included paving the way for redistricting and reapportioning legislative bodies across the nation with the “one man, one vote” concept; getting court-ordered protection for marchers as they walked from Selma to Montgomery to present grievances as a result of being unable to vote; one of the first civil rights actions brought to remedy systematic exclusion of blacks from jury service; and integrating all state institutions of higher learning in Alabama under the control of the state Board of Education, as well as most elementary and secondary school systems. In the 1970s, Gray served as counsel to preserve and protect the rights of those involved in the infamous Tuskegee syphilis study and has been the moving force in the establishment of the Tuskegee Human and Civil Rights Multicultural Center.

Legacy in Law

George Boyer Vashon was born in Carlisle, Pennsylvania, in 1824. His father was an abolitionist who was a well-respected leader in the black community and the abolitionist movement. As a teenager, Vashon co-founded the Pittsburgh Anti-Slavery Society in 1838. He was the first African-American to graduate from Oberlin College in Ohio, where he was class valedictorian. Vashon apprenticed for the law in Pittsburgh under Judge Walter Forward, who was later U.S. Secretary of the Treasury.

Despite of his qualifications and academic achievements, Vashon was not allowed to sit for the Pennsylvania bar exam due to his race.

Instead, Vashon moved to New York and became the first licensed African-American attorney in that state. He then taught in Haiti; practiced law in Syracuse, New York; was a professor at New York Central College; and later returned to Pittsburgh, where he became a principal at African-American public schools and served as president of Avery College. He again petitioned to sit for the Pennsylvania bar exam, 20 years after his first attempt, and was again denied. Vashon moved to Washington, D.C., where he was admitted to practice before the U.S. Supreme Court. In 1867, he became the first black professor at Howard University. Vashon became a professor of ancient and modern languages at Alcorn University in 1873.

More than a century and a half after being denied admission to the bar in Pennsylvania because of the color of his skin, Vashon’s great-grandson Nolan N. Atkinson Jr., his firm Duane Morris and others set out to right this historical wrong, finally winning official recognition from the Pennsylvania Supreme Court and getting Vashon admitted to the state bar in an official ceremony in 2010.

When the Minority Corporate Counsel Association awarded Duane Morris with its prestigious Innovator Award in 2012, the MCCA renamed the award after Vashon. Duane Morris has also gone on to keep the pioneer’s legacy going by hosting the annual George B. Vashon lecture series, which has seen academic leaders, federal judges, legislators and others speak on civil rights and social justice issues.

History of Firsts

During Nolan Atkinson’s nearly 25 years at Duane Morris, his focus on his thriving commercial litigation practice never prevented him from making sure he used that position to continue the work of people like Vashon. Atkinson, a participant in the 1963 March on Washington, was instrumental in the Philadelphia Diversity Law Group, Inc., a consortium of law firms and corporations committed to increasing ethnic and racial diversity in Philadelphia’s larger law firms. He was a tireless contributor to the Conference of Minority Partners in Majority Corporate Law Firms, a constituent entity of the Commission on Racial and Ethnic Diversity in the Profession of the ABA and numerous other groups focused on diversity. He was the first Chief Diversity Officer at Duane Morris and served in that role for eight years.

Fittingly, when the City of Philadelphia wanted to establish the role of Chief Diversity and Inclusion Officer, Mayor Jim Kenney turned to Atkinson. Since 2016, Atkinson has brought his energy to knocking down the barriers that had historically kept the city’s large workforce racially and economically divided and creating a culture that attracts talented, diverse leaders to Philadelphia government.

Diversity & Inclusion

Helmed by Joseph K. West, who succeeded Atkinson in 2016 as Duane Morris’ Chief Diversity and Inclusion Officer, the firm’s diversity and inclusion program is managed with the objective of utilising the best talent worldwide in solving legal problems. The firm recruits a diverse pool of lawyers that collectively possess an awareness of cutting-edge 21st century issues—legal, social and economic—for which clients require solutions. West has stated, “We see our robust approach to diversity and inclusion not just as a critical part of the DNA of the firm and essential to our business, but also as central to our every interaction with each of our clients. It allows us to engage with existing and prospective clients, with existing and prospective employees and with every aspect of our public engagement where we consistently emphasise that diversity and inclusion is part of the fabric of our firm and that it informs every aspect of our internal and external relationships.”

West, in addition to being an active litigator representing domestic and global companies, is a nationally recognised subject matter authority in the field of diversity and inclusion, and leader of the firm’s unique Diversity and Inclusion Consulting Group which focuses on crafting sustainable diversity and inclusion programs and solutions for corporate entities. Earlier in his career, West successfully leveraged his role as Head of Global Outside Counsel Management at Walmart to establish and meet diversity and inclusion goals through its outside counsel spend, for which he is recognised as being at the forefront of building the business case for diversity. He also facilitated the company’s role as an initial signatory to the Inclusion Initiative with the National Association of Minority & Women Owned Law Firms. West went on to spend five years as President and CEO of MCCA, tripling membership in the national advocacy group for corporate diversity and inclusion issues. In 2019, West was the recipient of the inaugural Lifetime Achievement Award: Diversity & Equality from Chambers and Partners.

Duane Morris bolsters international trade capabilities

Geoffrey M. Goodale has joined Duane Morris LLP as a partner in the firm’s Corporate Practice Group in the Washington, D.C., office. The addition of Goodale enhances the firm’s international trade capabilities. Prior to joining Duane Morris, Goodale was a partner at FisherBroyles, LLP.

“Geoff is a key addition to our Corporate Practice Group,” said Matthew A. Taylor, CEO and Chairman of Duane Morris. “His extensive experience in the significant and always-evolving area of international trade is a crucial advantage for our global clients.”

“Geoff’s practice brings a key component of strength to our clients as they run their businesses in an increasingly interconnected world,” said Brian P. Kerwin, chair of the firm’s Corporate Practice Group. “His experience will be invaluable to our clients as they navigate the intricacies of a global supply chain.”

“We’re excited to have Geoff join us in Washington, D.C.,” said Patrick D. McPherson, managing partner of the Duane Morris Washington, D.C., office. “He will be a great addition to our office and the firm.”

For over 17 years, Goodale has assisted U.S. and non-U.S. entities of all sizes and in many industries in achieving their international business objectives in cost-effective ways. His practice focuses on export controls, economic sanctions, import compliance, trade litigation, international intellectual property rights protection, foreign direct investment, cybersecurity, anti-corruption, and government contracting matters.

Goodale counsels companies on a wide range of issues relating to the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), the International Traffic in Arms Regulations (ITAR) enforced by the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), and the economic sanctions laws and regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). Additionally, he conducts internal investigations and audits to assess compliance in these areas.

Goodale also advises clients on all aspects of compliance with U.S. import laws and regulations, including those relating to determining the proper classification, valuation and country of origin of merchandise. He regularly represents clients in matters involving U.S. Customs and Border Protection (CBP), including assisting clients in preparing for and undergoing CBP audits. He also assists clients in developing duty-savings strategies through the effective use of duty drawback, foreign trade zones and subzones, preferential duty programs, and free trade agreements, including the North American Free Trade Agreement (NAFTA) and the Dominican Republic Central America-United States Free Trade Agreement (CAFTA-DR).

Goodale’s experience also includes representing both U.S. and non-U.S. companies in all manner of anti-dumping duty and countervailing duty cases before the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC), including investigations, administrative reviews, scope ruling requests and anti-circumvention proceedings, as well as in appeals of certain DOC and ITC decisions to the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. He also has represented complainants and respondents in trade-related intellectual property rights cases filed with the ITC under Section 337 of the Tariff Act of 1930, as amended, and appeals of certain such decisions to the CAFC.

Additionally, Goodale possesses extensive experience in advising clients on international mergers and acquisitions. With respect to acquisitions by foreign entities of U.S. companies, this experience includes, among other things: taking actions necessary to clear proposed deals through the Committee on Foreign Investment in the United States (CFIUS); filing required submissions with DDTC and/or BIS when export-controlled products and technologies are involved; and structuring transactions so as to mitigate foreign ownership, control or influence (FOCI) in a way that is acceptable to the Defense Security Service (DSS) in order for the U.S. company to maintain its Facility Security Clearance (FCL).

Goodale also provides compliance counseling to government contractors on a wide range of matters covered by the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS). In addition, he provides counseling to clients relating to the Foreign Corrupt Practices Act (FCPA) and conducts internal investigations to ensure that clients comply with the requirements of the FCPA and other anti-bribery laws, such as the UK Bribery Act.

A long-standing and active member of the American Bar Association (ABA), Goodale currently serves as co-chair of the ABA Section of International Law’s National Security Committee and vice-chair of the ABA Intellectual Property Law Section’s Business and Trade Division. He also currently is the chair of the Virginia State Bar’s International Practice Section and co-chair of the D.C. Bar’s International Trade Committee.

Goodale is a graduate of the George Washington University Law School (J.D., 2001), where he was a Dean’s Fellow and a notes editor for the American Intellectual Property Law Association Quarterly Journal. Prior to obtaining his J.D., Goodale obtained a M.A. in Government and a B.A. in Russian Studies and Government (with honors) from the College of William and Mary.

About Duane Morris

Duane Morris LLP provides innovative solutions to today’s multifaceted legal and business challenges through the collegial and collaborative culture of its more than 800 attorneys in offices across the United States and internationally. The firm represents a broad array of clients, spanning all major practices and industries.