Holland & Hart News

Attorney Named Among Idaho Accomplished Under 40

The Idaho Business Review has announced the 2009 recipients of the Idaho Accomplished Under 40 awards, and among them is Holland & Hart Boise attorney, Pamela Simmons Howland.

According to the publication, this year was the most competitive to date. More than 140 young movers and shakers across the state were nominated for the distinction. Howland was awarded for her professional accomplishments, leadership, community involvement and long-term goals.

The top 40 achievers were recognized on June 23 at an awards dinner at the Boise Centre on the Grove.

For the entire list of this year's honorees, click here.

Anne Castle Confirmed as Assistant Secretary of the Interior for Water and Science

Holland & Hart partner Anne Castle has been confirmed by the U.S. Senate as Assistant Secretary of the Interior for Water and Science. In this position, Castle will oversee water and science policy and will have responsibility for the U.S. Bureau of Reclamation and the U.S. Geological Survey. 

On June 19, Secretary of the Interior Ken Salazar said of the confirmation, "Anne Castle has more than 25 years of experience in water rights, water quality, and natural resources law." He continued, "I welcome Anne to our leadership team and look forward to working with her on the major water and science challenges we face, from climate impacts, to drought and regional water issues."

Castle is the former Chair of Holland & Hart’s Management Committee and former Chair of the firm’s Natural Resources Department. She is consistently listed in Best Lawyers in America for water law and was selected by The Women’s Vision Foundation for its prestigious Woman of Vision award in 2008.

In 2007, Colorado Governor Bill Ritter appointed Castle to the South Platte River Basin Task Force. Castle was appointed a member of the Colorado Ground Water Commission from 1994 to 2002 by former Colorado Governor Roy Romer. She also was the Chair and an elected member of the Board of Directors for the Genesee Water and Sanitation District from 1989 to 2002.  

Read more about Castle's confirmation, here.

Facebook Secondary Domain Registration

By Ian O'Neill

In just a few days, trademark owners will have a new, potentially powerful online forum to spread their brand… and to defend.  As of 10:01 pm, Friday June 12 Facebook will begin allowing users to register Facebook user names on a first-come, first-served basis at

http://www.facebook.com/username/. This is important because Facebook will tie these usernames to vanity URLs that will include the username in the top level domain address. So, for example, were I to register CocaCola as a username, my new Facebook page address would be www.facebook.com/CocaCola.

Given how ubiquitous and pervasive Facebook has become, the right username and vanity URL has the potential to very quickly become prime virtual real-estate—both for owners of famous marks and for those with less noble intent.

Facebook is offering something unusual in the social networking world: a simple, easy-to-use mechanism for trademark protection.  Rights owners can simply fill out their company name, title, email, trademark, and registration number at http://www.facebook.com/help/contact.php?show_form=username_rights to block registration of an infringing username. Although the last field suggests that only registered marks are eligible, it is advisable that holders of trademark applications in process simply enter the serial number instead.

Additionally, Facebook is attempting to reduce a sudden land rush for famous marks by a new breed of “squatters” by implementing a phased registration process. Only persons that had registered their username prior to June 9, 2009 will have the ability to claim their username in the first phase. New username registrations won't be eligible until Sunday, June 28, 2009.  One purpose of this "land rush"  mechanism is to allow trademark owners a reasonable time in which to reserve their trademarks.

So, you may be asking: why is this a concern for my mark? Well, secondary domain squatting  is on the rise. From forums like Twitter to public blogs, there is a growing trend around the web to use famous marks for illegitimate purposes.  

Most social networking sites have policies in place to address this, for example, Facebook offers a “Notice of Intellectual Property Infringement (Non-Copyright Claim)" form at http://www.facebook.com/copyright.php?noncopyright_notice=1, but Facebook doesn't describe the procedure it follows once it receives these forms or any guarantees that it will take the required action. As in most things, remediation always requires much more time, expense and effort than prevention. As such, a few minutes spent now “blocking” your mark can save a lot of headaches later.

Finally, a few minutes spent blocking registration now mitigates  the risk that someone else can beat you to the punch, either maliciously, mischievously or otherwise, and fill out the "Preventing the Registration of a Username" form before you and block you from using your own mark as a user name.  

Natural Gas Producer and Holland & Hart Win First Royalty Case Under Rogers

Monday this week, Holland & Hart attorneys Tony Shaheen and Chris Chrisman obtained a verdict in favor of their client, K.P. Kauffman Company, Inc., in a class-action lawsuit tried in Denver District Court. The Class included 2,500 royalty owners alleging that Kauffman underpaid royalties on natural gas production. At trial, the Class demanded over $10.6 million in damages and increased royalties on future gas production. The jury rejected the Class’ claim, and found that Kauffman fulfilled its duty to market the natural gas by selling its gas at the wellhead.

The Class' allegations were based on the Colorado Supreme Court’s opinion in Rogers v. Westerman Farm Company, which dramatically altered state law on royalty calculation. Rogers held that, unless mineral leases expressly provide otherwise, producers are required to make natural gas fit for sale and deliver the gas to the first commercial market, free of cost to royalty owners. Since the Court issued its opinion in 2001, Rogers has generated an enormous amount of litigation, and natural gas companies defending against Rogers-type lawsuits have either settled or lost at trial. 

Relying on Rogers, the Class claimed Kauffman’s gas was not marketable until it was processed, and that royalties should have been paid on the residue gas and natural gas liquids. The jury disagreed, finding that Kauffman’s gas is marketable at the wellhead and, therefore, that Kauffman correctly paid its royalty owners.

 

"We knew we had the facts, but the efforts of our counsel at Holland & Hart ensured that the facts spoke loud and clear: natural gas is marketable at the wellhead," said Kevin P. Kauffman, CEO, Chairman and President of K.P. Kauffman.

Practice Areas and Attorneys Recognized in the 2009 Edition of The Legal 500 Guide

The Legal 500 recognized 13 attorneys and three practice areas at Holland & Hart in its 2009 United States edition.

Published for more than twenty years, the Legal 500 Series provides comprehensive worldwide coverage currently available on legal services providers, in more than 100 countries. Used by commercial and private clients, corporate counsel, and CEOs, the series is widely regarded as offering the definitive judgment of law firm capabilities.

The publication says Holland & Hart's Bankruptcy group has handled some of the largest bankruptcy sales in Colorado. It continues by saying Holland & Hart's Mergers and Acquisitions practice provides  "an excellent level of service. Clients note that most impressive is their
ability to act as a business partner - they give the best advice you can get, and deliver it in a way that gives you a chance to challenge and review it prior to having to make those final decisions." Finally,the Legal 500 argues that "the Construction lawyers at the firm benefit from close alignment with the practice’s talented and deeply experienced Real Estate group."

You can view the independent editorial commentary on Holland & Hart, here. 

Large Firm Praised for Unique Culture

Holland & Hart is very pleased to be mentioned not only by The Wall Street Journal's Law Blog, but also The American Lawyer and the Denver Business Journal, among others, for its balanced firm culture.

Susan Beck's piece, "Stretched Too Far," featured in the June issue of The American Lawyer says, "Of the law firms I've covered, the one that has struck me as having the happiest, most well-rounded lawyers and has been consistently delightful to deal with, is Holland & Hart."

"Holland & Hart lawyers put in an honest day's work, but leave time to ski, and hike, and fish, and enjoy life outside their offices," it continues. "And they genuinely seem to like each other. They've never demoted a partner to nonequity status, never merged with a big firm to improve their "platform," never boosted their partner-associate ratio beyond 1:1, and never laid off associates for economic reasons."

Read the full American Lawyer article here.

Holland & Hart Ranked as a Top Trademark Firm

Holland & Hart was ranked as one of the leading trademark firms in the nation by Intellectual Property Today.Of the 277 firms included in the listing, Holland & Hart was placed as the 27th largest trademark practice in the U.S., the highest ranking firm headquartered in the Mountain West. The rankings were based on the number of U.S. trademark registrations issued in 2008.

The firm had a 40.8% increase in registrations over the last year, even when the Patent and Trademark Office experienced a mere 1.8% increase in applications. Of the top 30 firms listed, Holland & Hart's growth rate was rated fourth.

The complete list of top trademark firms can be found in the May 2009 issue of Intellectual Property Today.  

Client's Product Installed for ABC's "Extreme Makeover: Home Edition"

Holland & Hart's client, Mariah Power, and its vertical axis wind turbine were on display this Sunday as green technology for the Emmy award-winning reality show. The Windspire® wind turbine, a residential and commercial wind power appliance, was installed at the latest "Extreme Makeover: Home Edition" project in Indianapolis.

The new home was turned over to the McFarlands, an inspiring and deserving family.

"We are proud to represent such an innovative company that not only is committed to the environment, but also serves its community," said Holland & Hart attorney, David Garcia who provides counsel to Mariah Power. As the energy industry has changed and expanded to include alternative and renewable sources, Holland & Hart has kept pace, helping both established companies and new industry entrants.

Windspire is a low-cost, low-noise, attractive wind power appliance for use with residential, business, and commercial buildings. Manufactured entirely in the U.S. by Mariah Power, Windspire is a 30-foot tall, propeller-free, vertical-axis wind turbine designed for harnessing wind power in urban, suburban and rural locations. Read more, here.

The reality program Extreme Makeover: Home Edition is now in its sixth season. For more information on the show, click here.

Leadership Boise's Service Project Helps Homeless Shelter

As part of its spring service project, Leadership Boise and Leadership Boise Academy are raising $25,000 for a new roof for the homeless shelter, Interfaith Sanctuary Housing Services. In addition to raising funds, the service project included repairs, construction, landscaping and clean up for the shelter. On April 25th, a group of about 75-80 young professionals and high school students gathered at Interfaith Sanctuary for the labor.

“As leaders in this community, we felt it was important to dedicate our assistance to those who are most in need, especially during these tough economic times,” said project leader and Holland & Hart attorney, Kelly Barbour. “This is a tremendous collaborative effort that will make a very real difference in the lives of thousands of people for years to come.” Barbour is also Vice President of the 2008-2010 Leadership Boise class.

Census estimates that as many as 2,000 people are homeless in Boise every night. Interfaith Sanctuary has been serving Boise's increasing homeless population since 2005. The facility serves an average of more than 120 people a night.

Donations can be made online, here. Please indicate that you would like to contribute to the "Roof Project" when you donate.

Partner Made Member of WVPI Committee

Partner Steve Gutierrez has been invited to sit on the Workplace Violence Prevention and Intervention (WVPI) Committee. The WVPI Committee was established to develop the joint WVPI American National Standard-- the first of its kind.

Workplace violence presents one of the most challenging security problems a company can face. The WVPI Standard will provide information and practical methods that will enable a company to develop an effective plan for prevention and intervention. The WVPI Standard will provide an overview of general policies and processes companies can adopt to thwart violence in the workplace.

Gutierrez was selected as a committee member for his extensive background and experience with workplace violence. As a committee member, Gutierrez will review and help create content for specific sections of the WVPI Standard. 

 

ASIS International and the Society for Human Resource Management (SHRM) are collaborating on the development of this standard, and the Committee is comprised of both organizations' members. 

 

 

Attorney Named Fellow of American College of Real Estate Lawyers

The American College of Real Estate Lawyers has elected Holland & Hart attorney Beat Steiner as a Fellow.

The American College of Real Estate Lawyers is the premier organization of U.S. real estate lawyers. Admission is by invitation only after a rigorous screening process. Election to this College is one of the highest honors a real estate attorney can receive in his or her practice. Steiner was recognized for his years of outstanding work and service to the profession.

To learn more about the American College of Real Estate Lawyers, click here.

SEC Enforcement Presentation

Last Tuesday, Holland & Hart's Michael MacPhail and Patrick Hunnius of White & Case discussed key issues emerging from the SEC’s Enforcement Division, and the impact of these issues on regulated entities and the lawyers who represent them. MacPhail is a former senior attorney with the SEC’s Division of Enforcement. 

According to Compliance Building, the SEC under new Chairman Mary Shapiro’s leadership has obtained budget increases that will be used to increase the number of enforcement lawyers. It has streamlined procedures relating to the issuance of formal orders of investigation and negotiating civil penalties with corporations. Its staff has responded enthusiastically to the change by bringing an unprecedented number of emergency civil actions, cases involving Foreign Corrupt Practices Act violations, and cases targeting lawyers.

For a summary of their presentation in the Securities Docket web-cast entitled, “SEC Enforcement Update: A Wounded Animal is a Dangerous Animal,” please see Compliance Building's website, here.

Colorado Supreme Court Recognizes Holland & Hart for Pro Bono Commitment

Holland & Hart was among 85 law firms that the Colorado Supreme Court congratulated for meeting an annual goal of providing an average of 50 hours of pro bono legal services per lawyer in 2008. Last year, Holland & Hart committed to providing at least that average to indigent people and was one of 85 firms that met the goal.

“These attorneys and firms provide a tremendous benefit, ensuring access to justice for people who otherwise may not have been able to afford any legal services,” said Colorado Supreme Court Chief Justice Mary Mullarkey. “The thousands of hours of legal services given to those in need reflects that most of us who chose the law as a profession did so in the interest of helping people.”

The Pro Bono Commitment Program was created to secure an enduring commitment from Colorado’s legal community to provide free legal services to indigent people in civil matters and to annually recognize law firms, solo practitioners and in-house counsel groups who give generously of their time.

Holland & Hart was honored at the reception held on April 13.  For more information on the program, including the list of participants, click here.

EPA Publishes Proposed Mandatory Greenhouse Gas Reporting Rule

By James Holtkamp
April 10, 2009

EPA published today a 285-page proposed rule to require reporting of greenhouse gases (“GHGs”) from all sectors of the economy. The proposed rule will require reporting of GHG emissions from sources representing approximately 85 to 90 percent of the greenhouse gas emissions in the United States. The GHGs covered by the proposed rule are carbon dioxide, methane, nitrous oxides, sulfur hexafluoride, hydrofluorocarbons, perfluorocarbons and certain other fluorinated compounds. The proposed rules are required by the 2008 Consolidated Appropriations Act, signed by President Bush on December 7, 2007.

Read the full news alert, here.

Partner to Address HRMA Colorado Chapter Annual Conference

Holland & Hart partner Greg Piche will speak at the HFMA Colorado Chapter Annual Conference on April 24, held at the Cheyenne Mountain Resort in Colorado Springs, Colorado. The topic of the conference will be "Consent Orders - Messenger Model."

Recently the Federal Trade Comission issued a press release involving the messenger model and 2 IPA's, one of which involved a consent order for the Boulder Valley IPA. Piche will discuss the FTC Safety Zones specific to provider contracting and will address the BVIPA consent decree.

Download the HFMA PDF for more information and registration instructions.

Holland & Hart Wins Ruling in Colorado

Denver federal district court judge Robert Blackburn granted UBS's motion for summary judgment in a case involving a fundamental revenue practice for banks. The ruling was welcomed by UBS's lawyers from Holland & Hart and Kirkland & Ellis.

The plaintiffs alleged that UBS breached its fiduciary duty and its covenant of good faith with depositors when it placed their non-invested money in lower-interest accounts instead of money market accounts. Holland & Hart moved for summary judgment in May, arguing that UBS made adequate disclosure of its practices to depositors and that it complied with its customer agreements. Judge Blackburn agreed in his ruling on March 24.

Read more about the ruling in The AmLaw Litigation Daily, here.

Idaho Law Review Symposium to Address Internet Law

 Holland & Hart's Newal Squyres will serve as a panelist at the 2009 Idaho Law Review Symposium this year. He will talk about "Electronic Discovery and Traps for Today's Lawyer."

University of Idaho College of Law students will examine the legal complexities of cyberspace at the Symposium titled, “Internet Law: Challenges and Opportunities.” The event will address issues generated by the growth of the Internet and explore how it is shaping commercial, personal and political exchange, globally. Four panel discussions will serve as the core of the symposium, each centered on a topic of Internet law, relevant to the intersecting fields of business, law and communications technologies.

The symposium will be held April 10, from 8:30 AM to 4:30 PM at the Boise Centre on the Grove, 850 West Front St., in Boise.

For more information about the event including registration details, click here.

University of Utah Appoints Attorney to Board of Institute for Secure and Clean Energy

Holland & Hart attorney James Holtkamp has been appointed by the University of Utah to the Advisory Board for the Institute for Secure and Clean Energy. As a member of the Advisory Board, Holtkamp will help guide the ISCE and make suggestions on how best to integrate the results of ISCE activities with efforts in industry, government, national laboratories, and other educational institutions.

The Institute for Clean and Secure Energy's mission is to pursue interdisciplinary, cradle-to-grave research and development of energy for electric power generation and for liquid transportation fuels from the abundant domestic resources of coal, oil sands, and oil shale. The Institute emphasizes minimizing the environmental impacts associated with the development of these resources, including reducing the carbon footprint through the use of CO² capture for subsequent storage. The program consists of chemists, engineers, and computer scientists along with attorneys and economists who study environmental law.

Learn more about the ISCE, here.

Las Vegas Attorney Still Involved with LEED Accreditation

According to a recent article in the Las Vegas Sun, "Two years ago green building was hailed as the future of the American development industry and Leadership in Energy and Environmental Design (LEED) certified buildings were popping up across the country."

Despite the economy, Holland & Hart construction attorney Melissa Orienis using her free time to become even more involved with LEED, instead of abandoning green building as a trend of the past. Last year, she passed the Green Building Council’s LEED Accredited Professional test, becoming one of the state’s first LEED AP lawyers. Orien took the test to prove her green building determination during the construction lull.

The article quotes Orien saying, “I’m trying to stay ahead of the curve and bring new things to my clients. The green trend is big right now, and the industry, for the most part, isn’t experienced in green building issues, whether they be Green Building Council issues or the broader green building movement.”

Read the entire article, "Las Vegas lawyers invest time for LEED accreditation," here.

Management Committee Chair Featured in Super Lawyers

April's issue of Colorado Super Lawyers features an article profiling Holland & Hart's Chair of its Management Committee, John Husband.

"In his 30-year career, John M. Husband, a labor and employment lawyer with Holland & Hart, has represented Fortune 500 companies, tried hundreds of cases in 21 states and faced some of the U.S. 10th Circuit Court of Appeals' toughest judges. Many would balk at the pressure but not Husband. After all, he played football for Woody Hayes...

"[Scott Day,the vice president of human resources at Exempla Lutheran Medical Center] adds: 'John is probably one of the most meticulous attorneys. He must turn things over and over and over in his mind until he understands the case from all perspectives.' ...

"In 2007, Husband was elected to chair Holland & Hart's five-person management committee, the firm's highest elected position, which he assumed in January and will hold for three years. 'I'm looking forward to the challenge of helping the firm grow in the future,' Husband says."

Read the entire article, "From Linebacker to Lawyer" in Colorado Super Lawyers, here.