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ABOUT OUR FIRM Benesch is a business law firm with offices in Cleveland, Columbus, Indianapolis, Philadelphia, Shanghai, White Plains and Wilmington. Benesch is dedicated to building a deep understanding of our clients, their businesses and their industries. We develop client-focused teams to ensure first class legal service, view business issues from our clients' perspective and assist in discovering the best legal services to address our clients' needs, drawing upon the strengths of diverse, knowledgeable and experienced lawyers. The firm services national and international clients that include public and private, middle market and emerging companies as well as private equity funds, entrepreneurs, non-profit organizations, trusts and estates.

The 2011 edition of The Best Lawyers in America®, which describes itself as the definitive guide to legal excellence in the U.S. and establishes a system that ranks firms based upon the number of attorneys selected in designated areas, named 45 Benesch attorneys as Best Lawyers in America®.

Our practice areas include Business Reorganization, Commercial Finance & Banking, Corporate & Securities, China, Economic Growth & Development, Employee Benefits & Compensation, Estate Planning & Probate, Intellectual Property, Labor & Employment, Litigation, Public Finance, Public Law, Real Estate & Environmental and Tax. Some of the industries the firm concentrates in include Private Equity, Banking, Health Care, Polymers, Transportation & Logistics, Energy & Natural Resources and Construction.

Our attorneys serve as trusted counselors, advocates, and partners in all aspects of a legal or business issue. We are proud of the client relationships we have developed and work hard to maintain them. Above all else, we take a results oriented, innovative approach to practicing law and are committed to assisting our clients to achieve their goals.

Firm Management Executive Committee Ira C. Kaplan, Managing Partner

James M. Hill, Executive Chairman

John H. Banks, Chief Operating Officer/ Chief Financial Officer

Thomas C. Washbush, Columbus Partner-in-Charge

Raymond H. Lemisch, Delaware Partner-in-Charge

Jeffrey A. Abrams, Indianapolis Partner-in-Charge

Yanping Wang, Shanghai Partner-in-Charge

Jeffrey A. Abrams

George N. Aronoff, Ex-Officio

John H. Banks, Ex-Officio

Frank Carsonie

Gregg A. Eisenberg

James M. Hill

Ira C. Kaplan

Kevin D. Margolis

Megan L. Mehalko

David W. Mellott

Thomas C. Washbush

MERGERS & ACQUISITIONS Benesch has been assisting multinational, middle market and emerging companies in connection with complex public and private mergers and acquisitions as well as joint ventures for more than 50 years. We have approximately 50 attorneys and legal assistants who are devoted to this market.

We counsel clients in all aspects of complex M&A transactions. The types of M&A matters in which Benesch lawyers are engaged covers the full spectrum of negotiated and contested situations, including advance preparation/diligence for prospective targets, asset sales and purchases, mergers, corporate governance advice, joint ventures, leveraged buyouts, private equity, proxy contests, recapitalizations, stock sales and purchases and equity and debt offerings. Benesch’s high degree of sophistication and expertise reflects the decades that our M&A lawyers have spent doing deals domestically and abroad. Together with our high client service standards and entrepreneurial tradition, we are able to provide advice and assistance to our clients on a cost-effective basis.

Our team has completed more than 120 purchase, sale, minority investment, or joint venture transactions in the past four years. Many of these have involved businesses where we have been involved in creating the sell- or buy-side strategy in concert with the company’s financial advisor/investment banker. We understand the importance of moving the deal forward, subject to potential regulatory constraints; each transaction has a pace to it that is important if momentum is to be maintained and positive results achieved.

As an experienced “deal shop,” Benesch adds value by understanding and addressing objectives quickly and efficiently, thus reinforcing a virtual ongoing “best practices” system. We believe that our ability to add value in these ways distinguishes Benesch from other firms.

Representative Mergers & Acquisitions Experience

Benesch has been recognized for representing clients in notable, large and complex M&A transactions, recent transactions include:

Represented an Arizona-based provider of medical transportation services, fire protection and other safety-related services in the company's going private. Transactions included a $60 million deal in Florida as well as a $20 million deal in Colorado.

Represented an Arizona-based helicopter parts manufacturer in the sale of its business to a leading global manufacturer of highly engineered bearings and alloy steels.

Represented Myers Industries (a NYSE listed company and an international manufacturer of polymer products) in its $1.2 billion acquisition by GS Capital Partners, an affiliate of Goldman Sachs. While the transaction did not close due to market conditions, Myers received a substantial termination fee.

Represented Myers Industries in its $250 million senior credit facility with JPMorgan Chase Bank, N.A.

Represented Value Creation Partners/Best Brands, one of the largest premium bakery manufacturers in the U.S. (and controlled by three private equity firms), in the sale to an international public company with annual sales of € 2.6 billion. The acquisition price of $510 million represented a multiple of 8.5 times reported 2009 EBITDA.

Represented Excel Polymers, LLC, a leading global merchant supplier of elastomeric solutions, in the sale to HEXPOL AB, a world-leading polymer materials group headquartered in Sweden, for approximately $220 million after adjustments.

Represented Dealer Tire LLC, the world’s largest distributor of tires to automobile dealers, in a recapitalization of the company involving a $150 million minority equity infusion, a $150 million mezzanine infusion and a $100 million senior term loan.

Represented NCS Healthcare, Inc. in a public merger valued at $400 million following defense of a hostile tender offer launched by a large competitor.

Represented Cleveland Unlimited “Revol,” a personal wireless phone service company, in a $150 million 144A high-yield debt offering, related to corporate reorganization and spectrum acquisitions. Benesch also represented Revol in the sale and leaseback of certain assets.

Represented (jointly with Paul Weiss) Oak Hill Capital Partners L.P., in connection with its acquisition of Duane Reade, Inc., a NYSE listed company in a transaction valued at over $700 million.

Represented WindPoint Partners LP in a consolidation in the pressure label industry of York Label which went from $0 to $250 million plus of top line revenue through a series of acquisitions in three years which was then sold to another private equity firm. Representation included a $200 million credit facility with multiple participants.

Represented Altus Capital Partners the $133 million sale of Sale of Gichner Systems Group, Inc.

Represented SageQuest, a GPS vehicle management solutions company, in its $36.5 million sale.

Represented a manufacturer of custom clothing in an auction with bidders ranging from strategic buyers to private equity funds.

Represented the owner of a consumer products and services business in a recapitalization consisting of debt and private equity.

Represented Turning Technologies in the sale of membership interests to Brockway Moran & Partners in an equity recapitalization. Previously represented the company in the sale of equity interests to Talisman Capital.

Represented Ricerca LLC in an equity recapitalization with Bain Capital and SV Life Sciences.

Represented SageQuest in a capitalization with Hopewell Ventures and the subsequent sale of the company to FleetMatics, a portfolio company of a private equity fund.

Represented the manufacturer of proprietary pharmaceuticals in a $40 million joint venture with a strategic partner.

Served as health care regulatory counsel in the sale of Duane Reade to Walgreens.

Represented Oakhill Capital Partners as health care counsel on several healthcare related acquisitions.

Represented a consumer products distribution company in the sale of equity to TA Associates with a transaction value in excess of $150 million.

Represented a private equity fund in the sale of a portfolio company to a strategic buyer for in excess of $125 million.

Represented a consumer products company in a recapitalization valued in excess of $90 million.

Represented a public manufacturer in the sale of business assets for in excess of $20 million.

Represented an international manufacturer headquartered in Italy in an acquisition of a U.S.-based manufacturer of engineered thermoplastic products.

PRIVATE EQUITY GROUP One of Benesch’s core competencies is the representation of private equity firms, including leverage buyout firms, growth equity firms, mezzanine funds, and portfolio companies located both domestically and off shore, in the acquisition, financing, operation and ultimate disposition of their assets and in the formation and ongoing operation of the fund itself.

Dedicated to fully understanding our clients, their businesses and their industries, we develop client-focused teams. These teams ensure first class legal service and continuity of personnel, view business issues from our clients’ perspective, and assist in discovering the best legal services to address our clients’ needs, drawing upon the strengths of diverse, knowledgeable and experienced lawyers.

Our Private Equity Group is comprised of attorneys with individual specialties that include corporate finance, subordinated lending, senior lending, including second lien lending, securities, recapitalizations, buyouts, mergers and acquisitions and restructuring. We have a successful track record assisting investment firms in reaching their business objectives, including fund formation and maintenance, solicitation of capital, acquisitions, management of portfolio companies, divestitures, leveraged buyouts, PIPEs, SPACS and distressed investments. In addition, we have substantial experience taking private-equity-backed companies public, publicly-traded companies private and in the issuance of public debt. Furthermore, we are equally conversant in representing the company seeking an investment from or an acquisition by a private equity firm.

We believe that our private equity practice is differentiated from that of our competitors because of our focus on the middle market, our ability to represent portfolio companies post-acquisition on a responsive and affordable basis, our CEO-centric program and our commitment of always staffing projects with teams led by senior attorneys that are actively involved in the process.

As a firm, we focus our practice on middle market companies. This allows us to provide immediate value to private equity clients as we recognize changing market conditions, identify potential transactions and proactively counsel portfolio companies in their day-to-day operations. We believe that our emphasis on middle market companies makes us a value-added partner in today’s private equity marketplace.

We offer a strong CEO-centric program, where we team successful CEOs with private equity firms to create industry focused transactions. We actively identify and qualify these CEOs before introducing them into CEO-centric private equity firms. In addition, we provide an ongoing program to attract managers who are considering MBOs of their operating companies.

Our ongoing representation of portfolio companies shows our ability to work with management and private equity owners in a cost effective and responsive way.

Unlike many of our competitors, we staff our client matters with experienced attorneys that remain actively involved in the day-to-day decision making process. We are committed to having an experienced partner involved on all transactions and to building a consistent service team that develops a true partnership with the client. In addition, our Midwest base allows us to provide this benefit at a competitive rate structure.

Although we have represented clients in transactions in almost every industry, we have specific experience in the packaging, plastics, specialty chemicals, consumer products, transportation and logistics, financial services, specialty printing, health care, communications, software, media, retail and distribution, manufacturing, and biotechnology sectors. Additionally, we have vertical industry knowledge with special practice groups for transportation and logistics (asset and non-asset based),

retail and regulated health care as to long term care, assisted living, home health, institutional pharmacy and managed care companies.

As a sophisticated player in the private equity marketplace, we know how to invest the institutional funds properly, how to help with ongoing governance, operational and financing issues, and ensure the proper exit. Through a dedicated team, we get the deal done in an efficient and effective manner while protecting the interests, and achieving the objectives, of our clients.

Representative Funds

AIG

Alpha Capital Partners

Altus Capital Partners

American Capital

Ares Management LLC

Audax Group

Beecken Petty O’Keefe & Company

Blue Point Capital Partners

Castle Harlan

Centre Partners

Chicago Growth Partners

Cincinnatus Partners

Circle Peak Capital LLC

Columbia Capital

Cortec Group

Crimson Capital Partners

Edgewater Capital Partners

General Atlantic Partners

GSC Group

HSBC Capital (USA) Inc.

Huron Capital Partners

Key Principal Partners

Kirtland Capital Partners Linden

M/C Venture Partners

Oak Hill Capital Partners

Oak Investments

Ohio Innovation

Pinnacle Financial Partners

Phoenix Capital Management

Polaris Equity Partners

PNC Equity Partners

Prairie Capital

Primus Partners

Prudential Capital Group

Red Diamond Capital

Reservoir Venture Partners

River City Capital

South Franklin Street Partners

SVP Partners

The Riverside Company

T.A. Associates

Talisman Capital Partners

Thoma Bravo

Thoma Cressey Bravo

Triangle Capital Corporation

Water Street Healthcare Partners

William Blair Capital Partners

Wind Point Partners

Representative Subordinated Debt Funds

Bank One Mezzanine

Brown Brothers Harriman & Co.

Huntington Capital

Key Principal Partners

National City Equity Partners

Roynat Capital

Doing the Deal®

The Benesch Private Equity Group has regionaland national experience in representing theunique needs of private equity funds, includingleverage buyout funds, mezzanine funds, andventure capital funds, as well as their respectiveportfolio companies. A substantial amount ofour business comes from outside Ohio, mainlyconcentrated in the Midwest and the East Coast.

We focus on middle market companies. This isespecially beneficial to our private equity fundclients, as it allows us to recognize changingmarket conditions, identify potentialtransactions, and proactively counsel portfoliocompanies in their day-to-day operations. Webelieve that our emphasis on middle marketcompanies with a senior partner running everytransaction and/or managing a portfoliocompany ongoing relationship differentiates usfrom our competition and makes us an idealteam partner for private equity funds. We alsohave a well-established CEO program thatprovides world class CEOs to LBO funds thatare CEO-centric. Another differentiation is ourindustry specialization in plastics and chemicals,graphic arts, retail, consumer products,regulated healthcare and logistics.

Our Private Equity Group is comprised oflawyers with experience that includes corporatefinance, securities, mergers and acquisitions,and cross-border transactions. We have assistedour private equity fund clients in all aspects oftheir business cycle, including formation,fundraising, acquisitions, management ofportfolio companies, and divestitures. Inaddition, our securities practice has helped takeprivate equity-backed companies public, as wellas their issuance of public debt.

We are a transaction-based practice. Ourlawyers know how to implement the client’sinvestment decisions, how to help with ongoinggovernance’ add-on and financing issues, andhow to execute the proper exit. At Benesch, weknow how to get the deal done in an efficientand cost-effective manner, while protecting theinterests of our clients. Perhaps this is why somany private equity funds trust Benesch.

BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP

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All outstanding membership interests

sold to Hudson HighlandGroup

Investment in Psychiatric Solutions, Inc.

1818 MEZZANINE FUNDS

Acquisition of ILC, Inc.

Acquisition of assets from and entry into joint

venture with CricketCommunications, Inc.

Acquisition ofeleven long-term

care facilities

Disposition by Independent Steel

Company to EsmarkIncorporated

Investment by Fluke Partners and Benaroya Capital

Acquisition of York TapeLabel, Inc.

Acquisition of Multi-Plan, Inc.

from BCE-Emergis

Talisman Capital Management, Inc.Recapitalization of

Turning Technologies

Acquisition of North American

Health PlansOrthohelix Series A

Financing

PRIVATE EQUITY GROUP

Sun Acquisition, LLC aHuehoco Group and

Gotec Group joint venture,acquired the assets of

Sun Manufacturing Coatings, LLC

Independent SteelIndependent Steel

Debt and equity financingfrom Brantley Partners IV, L.P.,Phoenix Life Insurance Co.,

and Wells Fargo Foothill, Inc.

$16 million senior debtsecured credit facility

from Wells Fargo Foothill, Inc.

Transactions We Have Recently Closed

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Disposition toOmnicare, Inc.

Disposition of The Color Matrix

CorporationAcquisition of

Duane Reade, Inc.

Acquisition of outstandingstock of On Line

Alternatives, Inc. and On Line Payroll Services, Inc.

Acquisition of the business of the Matrixx Group and related companies

Acquisition of Chapter 11 Business

Reorganization

Acquisition of outstanding stock of

Rand Medical Billing, Inc.

Healthcare Financings

Acquisition of Canadian and U.S. operations of

ITML Horticultural Products, Inc. for

$110 million

Debt financing in the amount of $7.7 million

Contribution of the assets of two companies

Investment in All Metro Home Health

Acquisition of the assets of RBF, Incorporated

1818 MEZZANINEFUNDS

$50 million minorityrecapitalization

PRIVATE EQUITY GROUP

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Acquisition of assets fromClawson Products Company

Acquisition of the assets of

Oil Skimmers, Inc.

Investment inBehavioral Centers

of America

Centre Partners andELS Acquisition LLC’s

acquisition of Liberty Waste Services LLC

(n/k/a Environmental Logistics Services LLC)

PRIVATE EQUITY Health Care

The Health Care Group and the Private Equity Group of Benesch, Friedlander, Coplan & Aronoff LLP have extensive experience representing private equity firms in their investment in the health care industry. We have also represented health care companies and providers, including long term care providers, institutional pharmacies, preferred provider organizations, third party administrators, psychiatric hospitals and managed care organizations. With this background, Benesch is uniquely situated to provide representation of private equity firms in their merger and acquisition transactions and ongoing representation of the portfolio companies in this dynamic industry.

Private Equity Specialists

The Private Equity Group at Benesch is experienced in mergers, going private transactions, leveraged buy-outs, non-control investments, recapitalizations, tax-free reorganizations and SPACs. Benesch lawyers have been able to leverage this experience to handle private equity investments in the health care industry.

Transactional Representation. Benesch has been lead corporate and regulatory counsel as well as ongoing day-to-day counsel for sellers, purchasers and investors in transactions ranging from psychiatric clinics to chains of nursing homes. Governmental mandates, lending requirements, and financial realities often result in complex ownership structures that cannot be accomplished without the type of thoughtful analysis and knowledgeable legal advice and documentation for which Benesch is known. Benesch has also represented mezzanine fund investors in a wide variety of investments, including nursing facilities, institutional pharmacies, psychiatric hospitals, acute care centers and home health care providers. Benesch’s extensive history of transactional experience in the health care industry has involved management arrangements, lease relationships, partnership investments, asset sales, and, of course, equity infusions.

Benesch is a law firm qualified to assist investors in evaluating opportunities and in structuring and executing private equity transactions. We know the private equity industry. We have been working with private equity funds since the infancy of the industry in the early 1970s. We know the market, the people and the latest financing terms and techniques. Many firms do some private equity work. We do a substantial amount of private equity work. Our legal experience, business insight, network of contacts and knowledge of industry trends offer a compelling competitive advantage. Our goal is to provide our clients with the sophisticated advice and practical guidance needed to achieve business objectives. We can assist our clients in maximizing value by capitalizing on our broad understanding of the private capital markets and our knowledge of the industry.

The private equity market is complex and competitive. Funds need a law firm that understands the complexities, including technical rules that affect your fund and its portfolio companies. In our integrated cross-discipline approach, the Private Equity Group combines knowledge of securities law, tax, ERISA and intellectual property with our firm’s health care industry experience in order to assist and support clients. Our practice allows us to offer our clients a complete understanding of the issues and concerns on both sides of capital financing and allows us to create business relationships between company clients and investors we represent.

Covering All The Bases. What sets Benesch apart from many other law firms competing in the private equity arena is the ability to provide a holistic perspective on the challenges and intricacies of the health care industry based on a depth of understanding in areas ranging from health care lending, Medicare and Medicaid reimbursement, private insurance, antitrust, federal and state fraud and abuse laws, licensure, and survey and certification. Benesch’s health care clients appreciate the

ability to evaluate transactions from a health care perspective and with a knowledge of how health care facilities operate on a day-to-day basis. In the end, it is the familiarity with health care laws and the business of providing long term care that insure that Benesch will remain a powerhouse in the health care industry for years to come. Through the Health Care Group, Benesch is familiar with the health care industries in which private equity funds invest and understands the potential benefits and risks associated with investing in this industry. After assisting a private equity investor client with an investment in the health care industry, Benesch continues to add value by supporting and advising the fund in its ongoing relationship with its portfolio company by providing seamless “end-to-end” know-how.

Institutional Pharmacy Providers

Institutional pharmacy providers face a complex and intricate web of business and regulatory challenges. Benesch prides itself on being a leader in providing innovative solutions to the institutional pharmacy providers to help them confront these issues. Lawyers in our group routinely write and speak about these issues. Some of our experience includes:

Compliance Issues. We assist clients with all types of compliance-related matters such as conducting internal investigations, drafting policies and procedures, implementing compliance programs, and training management and sales forces. We also assist in the drafting of corporate compliance plans for institutional pharmacy providers.

Contracting and Fraud and Abuse Counseling. We counsel manufacturers on matters such as agreements with third party payors, discounting and rebate practices, consolidated billing requirements, and handling gift and other business courtesies.

Government Investigations. We assist clients in responding to criminal and civil federal and state investigations on kickback issues as well as on matters arising under the False Claims Act. A number of the investigations we have handled have involved issues of great significance to the industry as a whole.

Pricing Counseling. We regularly counsel pharmaceutical companies facing issues related to Average Wholesale Price, class of trade pricing and Medicaid Rebates.

Civil Litigation. We have represented a publicly-held institutional pharmacy provider in litigation matters involving contracts with customers and providers, labor and employment issues, and regulatory matters.

Home Health Care

In recent years, governmental and private payors have recognized that the future of elder care rests in home based services. Home health care represents an alternative to the more expensive institutional care provided in nursing homes and other long term care facilities. As a result, home health care has received a great deal of attention from payors and investors. Benesch has, again, found itself at the cutting edge of this trend. Health care provider clients include large Medicare-certified home health chains, home and community-based service waiver recipients, large therapy companies and others. Benesch’s familiarity with these home health segments make it an ideal choice for home health investors evaluating and pursuing investments and acquisitions in the home health industry.

In addition to representing many providers in various segments of the home health industry, Benesch has represented large investors in the acquisition of interests in significant home health care provider chains. Recently, Benesch represented a major equity fund in its investment in one of the largest home health care provider chains in the Eastern United States. Benesch’s immediate on-site

diligence, analysis of operational issues and assistance with transaction documents were key to assuring the health of the target and the success of investment. Combining corporate expertise with health industry experience is a hallmark of Benesch’s success.

Managed Care

Additionally, Benesch’s experience extends back to the beginning of the managed care industry. Benesch structured the earliest health maintenance organizations in Ohio and has been active in the industry ever since. In recent years, there has been a proliferation and consolidation of preferred provider organizations in response to the nation’s need for affordable health care. After representing various health care providers for many years, it was only natural that Benesch move to the forefront in representation of preferred provider organizations as they came into existence.

Transactional Experience. Benesch’s PPO representation ranges from a statewide physician network for a national insurer to the purchaser of a large, nationwide preferred provider network of hospitals and other health care providers. Finance transactions handled by Benesch lawyers in the health care industry include acquisition and consolidation of the largest preferred provider network in the country. The acquisition occurred in multiple stages as the purchaser’s equity investment was used to expand the target network through the acquisition of other large networks.

In connection with this and similar projects, Benesch advises on transaction structuring, transactional due diligence, and coordinating transaction arrangements with a variety of investors, sellers, lenders, and regulatory agencies. Benesch’s participation with a client goes beyond transactional guidance. In addition to forming entities and negotiating transaction documents, Benesch assists its clients in navigating regulatory requirements and in strategic planning which allows its clients to identify and take advantage of opportunities for growth.

Getting the Deal Done Right. The breadth of coverage of preferred provider organizations often requires that counsel be able to act quickly in dealing with agencies and governmental representatives in multiple states. This is where Benesch excels. Utilizing knowledge of insurance regulations, prompt pay laws, and the tendencies of governmental agencies, Benesch has a long track record of meeting client expectations when it comes to negotiating obstacles to transactions in this heavily regulated industry. As a result, Benesch has developed a reputation among preferred provider organizations as the firm that gets the deal done and gets it done right.

Long Term Care

The commitment demonstrated by the members of the Health Care Group over the last 30 years have made Benesch synonymous with long term care transactions throughout the United States.

A Changing Industry. Within the last 15 years, few industries have undergone more change than the long term care industry. With each restructuring of long term care funding programs and each fluctuation in the long term care investment environment, Benesch has led its clients with sound advice and guidance. When the implementation of the prospective payment system (PPS) forced inefficient nursing home operators out of business in the early 1990’s, Benesch helped the healthy survivors identify and acquire undervalued nursing facilities. Benesch’s strong relationships with lenders also helped clients obtain financing during that uncertain time. By the late 1990’s, nursing facilities had adjusted to PPS and were developing strategies for optimal reimbursement for services. In this environment Benesch guided many facility owners and operators through the next industry investment trend: nursing facility leasing. Benesch’s nursing home industry experience was utilized by small single-state facility groups and large multi-state chains alike in complex leasing transactions.

Representative Experience

Represented a medical billing services company in its issuance of $8 million of senior unsecured promissory notes and Class D Common Stock to a private equity fund and insurance company.

Raised a combined $30 million of debt and equity to fund the opening of 15-20 new pharmacies by year-end for a privately owned institutional pharmacy.

Representation of a dental care provider following its $43 million acquisition by three private equity firms we represented as outside general counsel on matters including finance, acquisition of offices, employment, real estate, and four additional rounds of financing and regulatory matters in 17 states.

Representation of an after market medical equipment replacement parts supplier as financing counsel on a $60 million dollar recapitalization of the $150 million business with two institutional investors buying approximately one third of the ownership. We also acted as the investment banker on the transaction and succeeded in getting a valuation for the business that was approximately 20 times projected EBITDA. We continue to serve as outside general counsel on all company matters.

Representation of a contract research organization that serves the preclinical needs for several businesses including pharmaceutical companies in a $75 million financial restructuring with three private equity firms providing the capital. We also represented the client as it expanded its operations by acquiring businesses in France, Taiwan and the state of Washington.

Ongoing corporate, lending and regulatory counsel of a fee for services fibromyalgia series of clinics throughout the southwest and southeast in a follow on institutional financing of $25 million and the original equity round from two institutional investors of $18 million.

Representation of a medical billing business in a number of rounds of growth equity totaling $65 million of equity capital, as well as in an ongoing regulatory and general counsel capacity and a going private transaction. Recently, we represented this client in a number of rounds of institutional mezzanine debt and equity financings including a $4.5 million preferred stock, an additional $14 million in mezzanine debt and the sale of $22.3 million of senior notes.

Representation of a medical transcription company in its angel rounds of investment, and as counsel in its first institutional round of capital - a minority investment of 20% of the business, which amounted to approximately $15 million dollars. We are now assisting the client in its selection of an investment banking firm to raise another $20-$30 million of capital.

The factors that make investing inregulated health care companies morecomplex are the same ones that makechoosing the right legal representation so critical.

Benesch, Friedlander, Coplan & Aronoff LLP offers the vital combination of private equity deal experience andregulated health care industry knowledgeyou need when investing in health careproviders, payors and intermediaryorganizations within the heavily-regulatedhealth care industry.

By integrating the industry knowledge, legalacumen, contact networks and know-howof our Private Equity and Regulated HealthCare Practice Groups, we offer our privateequity fund clients key advantages in everystage of the investing process.

We evaluate investment opportunities andidentify and suggest strategies to resolvepotential regulatory issues. We structureand execute the deal and provide ongoingrepresentation of the portfolio companies.

Benesch’s Broad Private Equity Experience

Benesch has been instrumental incompleting hundreds of transactions forprivate equity funds involving mergers andacquisitions, recapitalizations, sales anddispositions, and more, and in providingongoing representation to the portfoliocompanies. Our experience in securitieslaw, business taxation, ERISA, intellectualproperty laws and laws impacting businessesgenerally enables us to provide thoughtfulanalysis and wise counsel at every turn.


BENESCH: A Powerful Player in Private Equityand Regulated Health Care

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Benesch’s Extensive Health Care Experience

Health care is among the most heavilyregulated industries. When investing in the health care arena, it is not enough thatyour legal advisor knows how to do privateequity deals; it’s essential that he or she alsounderstands the comprehensive regulationsimpacting health care company acquisitionsand ongoing business operations.

With Benesch on your team, you get morethan legal knowledge—you get decades ofhealth care industry experience. We knowthe issues to look for when evaluating atarget company, including those involvingMedicare/ Medicaid/third-partyreimbursement, federal and state fraud

and abuse and self-referral laws, licensingand certification requirements and more.

Our in-depth knowledge of this sector can help you avoid risks such as:

• Significant fines and civil monetarypenalties imposed by Medicare,Medicaid, and other state and federalregulators

• Termination or suspension of relevantoperating licenses or reimbursementcertifications

• Criminal indictments and investigations

Capitalize on health care opportunitieswith confidence—talk to Benesch first.

Call us today.

AIGAlpha Capital Altus Capital PartnersAmerican CapitalStrategies

Ares Management LLCBank OneBeecken Petty O’Keefe & Company

Blue Point Capital PartnersBrantley PartnersCastle Harlan Caxton-IsemanCentre Partners CID Equity PartnersCincinnatus PartnersCircle Peak Capital LLCColumbia CapitalCortec PartnersCrimson Capital PartnersEdgewater Capital Equitek Capital General Atlantic Partners

GSC PartnersHSBC Capital (USA) Inc.Huron Capital PartnersKey Principal PartnersKirtland Capital PartnersLinden PartnersMax Capital MC Venture PartnersNational City CapitalOak Hill Capital PartnersOak InvestmentsOhio InnovationPinnacle PartnersPhoenix CapitalPittsburgh National CapitalPolaris PartnersPNC EquityPrairie Capital Primus Venture PartnersPrudential CapitalRed Diamond CapitalReservoir PartnersRiver City Capital

South Franklin StreetPartners

The Riverside CompanyTalisman Capital PartnersThoma Cressey EquityPartners

Triangle CapitalCorporation

White Oak PartnersWilliam Blair EquityPartners

Wind Point Partners

SUBORDINATED DEBTFUNDS

Bank One Mezzanine Brown Brothers Harriman & Co.

Huntington Capital Key Principal Partners National City EquityPartners

Roynat Capital

PRIVATE EQUITY FUNDS WITH WHOM WE WORK:

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Representative Health Care Transactions

Investment in Psychiatric Solutions, Inc.

Acquisition of Duane Reade, Inc.

Acquisition of North American

Health Plans

Acquisition of Multi-Plan, Inc.

from BCE-Emergis

1818 MEZZANINEFUNDS

Investment in All Metro Home Health

1818 MEZZANINEFUNDS

Benesch served as general outside counsel for the following transactions:

Investment by Fluke Partners and Benaroya Capital

Disposition toOmnicare, Inc.

Acquisition ofeleven long-term

care facilities

PRIVATE EQUITY/REGULATED HEALTH CARE

Investment inBehavioral Centers

of America

Benesch served as health care transactional and regulatory counsel forthe following transactions:

Debt financing in theamount of $7.7 million

Private securities offering in the amount

of $2.2 million

Contribution of theassets of two companies

PROPERTYINTELLECTUAL

MY BENESCH MY TEAM

Case Book

Benesch’s flourishing Intellectual Property

Practice Group is often asked to identify

and describe representative litigation

engagements. This book is a sampling of

recent litigation matters handled by the IP

Group. We take great pride in successful and

cost-effective representation of our clients.

MY BENESCH MY TEAM

DISCLAIMER: This brochure is for general information purposesonly. It does not constitute legal advice or an attorney-clientrelationship. Any use of this brochure is for personal use only.All other uses are prohibited. Prior results do not guarantee asimilar outcome.

Intellectual Property Practice Group

Benesch’s Intellectual Property Practice Group assists

private and public companies, universities and other

research institutions, and individuals in protecting

and enforcing their intellectual property rights and in

defending against the enforcement of others’ IP rights.

Our attorneys have experience counseling clients in

choosing the most effective means of protection and

enforcement based on each client’s business goals and

objectives. Attorneys in our IP Group have backgrounds

and experience in a wide array of technical disciplines,

including mechanical engineering, chemistry, chemical

engineering, biotechnology, physics, computer

engineering and electrical engineering.

Intellectual Property Enforcement

The IP Group is very active in representing clients

in intellectual property enforcement actions, whether

in litigation, through arbitration or in administrative

actions, including those before the U.S. International

Trade Commission.

We have summarized some of our recent litigation

experience in the following pages. If you have any

questions about our capabilities or experience, please

contact Steve Auvil, Chair of Benesch’s Intellectual

Property Practice Group, at [email protected]

or at (216) 363-4686.

Intellectual Property Case Book

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CASE LSP Technologies, Inc. v. ContinuumElectro-Optics, Inc., Nos. 2:08-CV-00038, 00039

FORUM U.S. District Court,Southern District of Ohio

SUMMARY Lead counsel representing plaintiff in patentinfringement actions involving laser peeningsystems.

CASE Monode Marking Products, Inc. v.Freedom Technologies Corp., No. 1:08-CV-00232

FORUM U.S. District Court,Northern District of Ohio

SUMMARY Represented defendant as lead counsel inpatent infringement suit involving shop floorcontrol software. Negotiated favorablesettlement agreement.

CASE Responsive Innovations, LLC v.Holtzbrinck Publishers, LLC et al., No. 4:08-CV-01184


SUMMARY Lead counsel representing plaintiff in patent infringement dispute involving radiofrequency audience response systems. Casepending after Markman hearing and favorableclaim construction order.

CASE Connective Tissue Imagineering,LLC v. Thomas F. Mitts, M.D. et al.,No. 3:07-CV-00058

FORUM U.S. District Court,Northern District of California

SUMMARY Retained as lead counsel by plaintiff in patentand trade dress infringement suit involvingcosmetic and therapeutic compositions forenhancing tissue elasticity. Negotiatedfavorable settlement on client’s behalf afterMarkman hearing.

Patent

2

CASE Cartner et al. v. Alamo Group, Inc.,No. 1:07-CV-1589


SUMMARY Lead counsel representing defendant in patentinfringement suit relating to hydraulic motorbraking systems. Case pending after favorableclaim construction order (2008 WL 2169005),appeal to Federal Circuit and remand.

CASE Ames True Temper, Inc. v. Myers Industries, Inc. et al.,No. 2:07-CV-01751

FORUM U.S. District Court,Western District of Pennsylvania

SUMMARY Represented defendants as lead counsel indispute concerning settlement agreementinvolving planter. After court denied plaintiff’sRule 60 motion (2007 WL 4268697) inunderlying case, negotiated confidentialsettlement agreement.

CASE MacLean-Fogg Co. v. Eaton Corp., No. 2:07-CV-472

FORUM U.S. District Court,Eastern District of Texas

SUMMARY Represented defendant as lead counsel indispute involving 14 patents and more than 500asserted claims relating to automotive enginecomponents. Negotiated favorable settlementagreement after favorable ruling on summaryjudgment motion and Markman hearing.

CASE Tyeis Baker-Baumann et al. v. Harold A. Walker et al.,No. 3:06-CV-00017

FORUM U.S. District Court,Southern District of Ohio

SUMMARY Defended vendor of precision loading systems used in coal mining as lead counselagainst breach of contract and patentinfringement allegations involving U.S. andAustralian patents. Negotiated favorablesettlement prior to close of discovery.

3

CASE Fitness Quest v. Jonathan Monti,No: 5:06-CV-02691


SUMMARY Lead counsel for plaintiff in declaratoryjudgment action involving fitness equipment.Case pending after favorable summaryjudgment order (2008 WL 2387992), appealand limited remand order (2009 WL 1290341).

CASE Tesseron, Ltd. v. R.R. Donnelley& Sons Co., No. 1:06-CV-02909


SUMMARY Represented defendant as co-counsel inpatent infringement action relating to variabledata printing systems. Favorable settlementagreement reached after Markman hearing.

CASE Baran v. Tyco Healthcare,No. 1:06-CV-03034


SUMMARY Retained by plaintiff as lead counsel toprosecute patent infringement claim involving biopsy instruments. Negotiated favorablesettlement on client’s behalf.

CASE GSK Technologies, Inc. v. Eaton Electrical Company,No. 6:06-CV-358

FORUM U.S. District Court,Eastern District of Texas

SUMMARY Represented defendant as lead counsel inpatent infringement action relating to circuitbreakers. Negotiated favorable settlement afterMarkman hearing, but before favorable claimconstruction order (2008 WL 906713).

Patent

4

CASE Certain Pool Cues With Self-AligningJoint Assemblies, Inv., No. 337-TA-536

FORUM U.S. International Trade Commission

SUMMARY Represented respondent Taiwanesemanufacturer and seven U.S. importers inpatent infringement suit involving consumerand professional pool cues. Investigationterminated based on finding of no violationafter Administrative Law Judge grantedsummary judgment of non-infringement.

CASE Precor Incorporated v. Fitness Quest, Inc., No. C-05-0995

FORUM U.S. District Court,Western District of Washington

SUMMARY Retained as lead counsel by defendant fitness equipment marketer to defend patentinfringement claim. Negotiated favorablesettlement on client’s behalf after denial of plaintiff’s preliminary injunction motion(2006 WL 290555) and Markman hearing.

CASE Turning Technologies, LLC v.Fleetwood Group, Inc.,No. 4:05-CV-2057


SUMMARY Retained as lead counsel by developers andmarketers of audience response systems inseeking declaratory judgment of patent non-infringement against competitor. Negotiatedfavorable settlement of dispute in whichcompetitor stipulated that none of its patentsin the disputed technology were infringed.

5

6

CASE Baran v. AMT Sverige, AB et al., No. 1:04-CV-01251


SUMMARY Lead counsel representing plaintiff in patentinfringement case involving biopsy instruments.Appeal pending after Markman hearing, claimconstruction order (519 F. Supp.2d 698) andsummary judgment order.

CASE Tesseron, Ltd. v. GMC Software AG et al., No. 1:04-CV-2182


SUMMARY Represented vendor of variable data printingsoftware as lead counsel in defending multiple infringement claims brought underseven patents. Favorable settlement reachedafter Markman hearing.

CASE Mr. Bar-B-Q, Inc. v. Big Lots Stores, Inc., No. 1:03-CV-01850

FORUM U.S. District Court,Eastern District of New York

SUMMARY Retained as lead counsel by defendant inpatent infringement action involving multiplepatents. Negotiated favorable settlement of claims.

Patent

7

CASE Litetronics International, Inc. v.Technical Consumer Products, Inc., No. 1:03-CV-05733

FORUM U.S. District Court,Northern District of Illinois

SUMMARY Retained by defendant lighting productmanufacturer as lead counsel in patentinfringement case involving cold cathodefluorescent lamps. Negotiated favorablesettlement on client’s behalf near close of discovery.

CASE Tele-Cons, Inc., et al. v. Harmony Lighting, Inc., et al.,No. 1:03-CV-11250

FORUM U.S. District Court,District of Massachusetts

SUMMARY Represented defendant as lead counsel inpatent infringement case involving three-waycompact fluorescent lamp. Negotiatedsettlement agreement and license afterMarkman hearing and favorable claimconstruction order.

CASE Nilssen et al. v. Technical Consumer Products, Inc., No. 9:03-CV-80548

FORUM U.S. District Court,Southern District of Florida

SUMMARY Represented defendant as lead counsel in 13-patent infringement dispute involvingcompact fluorescent lamps and electronicballasts. Negotiated patent license andsettlement on favorable terms.

Trademark / Trade Dress

CASE The Council of IndependentRestaurants of America, Inc. d/b/aDine Originals v. Cleveland Originals,No. 1:07-CV-00105


SUMMARY Represented plaintiff national organization of restaurateurs in action for service markinfringement and cybersquatting. Obtainedpermanent injunction.

CASE Ohio Savings Bank v. Amtrust Mortgage Corporation, No. 1:06-CV-00151


SUMMARY Retained by plaintiff mortgage lender to defend a trademark infringement claim.Case settled on favorable terms after courtexcluded adversary’s expert.

CASE Zinsser Brands Company et al. v. The Glidden Company,No. 1:06-CV-01230


SUMMARY Represented defendant in trademarkinfringement action involving paints andcoatings. Negotiated favorable settlement after court denied plaintiffs’ motion fortemporary restraining order (81 U.S.P.Q.2d1588).

CASE Vita-Mix Corp. v. Taiwan Star Industrial, Inc.,No. 06-CV-2228

FORUM U.S. District Court,Central District of California

SUMMARY Represented plaintiff in patent and trade dress dispute involving imported electricblenders. Case resolved by judgment and order for permanent injunction againstmanufacturer/importer.

8

9

CASE Cleveland Unlimited, Inc. v. Perfect Cellular Inc. et al., No. 1:05-CV-0901


SUMMARY Represented plaintiff wireless telephoneproduct and service provider in trademarkinfringement action against former licensee.Obtained permanent injunction.

CASE Vita-Mix Corp. v. Welbon, Inc., et al.,No. 1:05-CV-2326


SUMMARY Represented plaintiff in patent and trade dress dispute involving imported electricblenders. Obtained permanent injunction.

CASE Vita-Mix v. Conair CorporationNo. 1:05-CV-01675


SUMMARY Represented plaintiff as lead counsel intrademark infringement action involvingcommercial blender. Negotiated early,confidential settlement agreement, andconsent injunction entered against defendant.

CASE Fitness Quest, Inc. v.Next Wave Marketing, Inc. et al.,No. GIC842709

FORUM Superior Court of the State of Californiafor the County of San Diego,Central Division

SUMMARY Represented plaintiff in counterfeiting action.Obtained temporary restraining order,permanent injunction and consent judgmentagainst importer of counterfeit fitnessequipment.

CASE Eastgate Health Care Center, Inc. et al. v. Highland Heights Nursingand Rehabilitation Center, LLC, No. 2:04-CV-00065

FORUM U.S. District Court,Eastern District of Kentucky

SUMMARY Represented plaintiff in trademark infringementsuit against competing nursing home usingsimilar service mark. Obtained permanentinjunction.

CASE Elmer’s & Toagosei, Ltd. andToagosei Ltd. v. Ming Yang Trading, Inc.,No. 1:04-CV-08153

FORUM U.S. District Court,Eastern District of New York

SUMMARY Represented plaintiff in trademarkcounterfeiting action. Obtained $2.5 millionjudgment and permanent injunction afterobtaining ex parte seizure order, temporaryrestraining order and preliminary injunction.

CASE Plasticolors, Inc. v. Plasticoncentrates, Inc., No. 1:03-CV-0654


SUMMARY Represented plaintiff manufacturer ofengineered polymer products in trademarkinfringement suit involving defendant’s use of plaintiff’s trademark as a metatag on Web site. Obtained permanent injunction.

10

Trademark / Trade Dress

11

CASE In Zone Brands, Inc. v. Global Consumer Products, Inc., No. 4:02-CV-01129


SUMMARY Represented defendant in trade dressinfringement action involving containerdesigns. Case settled after court deniedplaintiff’s motion for preliminary injunction.

CASE Toolovation LLC v. ICC InnovativeConcepts Corporation, No. 1:02-CV-01963


SUMMARY Represented declaratory judgment plaintiffin trade dress infringement action involvingcolor applied to power tools. Case settled aftercourt denied defendant’s motion to dismiss.

CASE Right Ascension, Inc. v.Action Software, Inc. et al.,No. 2:01-CV-00666

FORUM U.S. District Court,Western District of Pennsylvania

SUMMARY Represented defendants as lead counsel inaction involving e-commerce web site. Aftercourt granted summary judgment on seven of eight counts in complaint, negotiatedconfidential settlement agreement ofremaining claim.

CASE Dominic Ierace, p/k/a Donnie Iris v.MDNH, Inc.,No. D2006-0145

FORUM World Intellectual Property OrganizationArbitration and Mediation Center

SUMMARY Represented complainant, a popular music singer, in UDRP action relating torespondent’s registration of the domain name<donnieiris.com>. Respondent voluntarilytransferred the domain name to complainantbefore decision issued.

CASE Micro Electronics, Inc. v. J. Lee,No. D2005-0170


SUMMARY Represented complainant in UDRP actionrelating to respondent’s registration of adomain name comprising a typographicalvariant of complainant’s registered trademark.Panel ordered transfer of the domain name tocomplainant.

CASE Micro Electronics, Inc. v. Name Administration,No. D2005-0880


SUMMARY Represented complainant in UDRP actionrelating to respondent’s registration of adomain name comprising a typographicalvariant of complainant’s registered trademark.Panel ordered transfer of the domain name to complainant.

Internet—Uniform Domain NameDispute Resolution Policy

12

13

CASE Micro Electronics, Inc. v. Collazo,No. D2005-0170


SUMMARY Represented complainant in UDRP actionrelating to respondent’s registration of adomain name comprising a typographicalvariant of complainant’s registered trademark.Panel ordered transfer of the domain name to complainant.

14

Copyright

CASE Reed, et al. v. Freebird FilmProductions, Inc., et al., No. 1:08-CV-1761


SUMMARY Represent multiple defendants in copyrightinfringement and breach of contract actionalleging unauthorized use of film footage inlive performances and video projects.

CASE Geovision, Inc. v.PCSurveillance.net,No. 4:06-CV-0659


SUMMARY Represented plaintiff as lead counsel incopyright infringement action relating to digitalsurveillance software. Negotiated confidentialsettlement, and consent injunction enteredagainst defendant.

CASE Testa et al. v. Channel FourTelevision Corporation, No. 1:06-CV-0297


SUMMARY Represented plaintiff in copyright infringementaction relating to musical composition.Negotiated favorable settlement of claim.

CASE Bema Music Co. v. Motorola, Inc. et al.,No: 1:03-CV-1060


SUMMARY Represented plaintiff as lead counsel incopyright infringement case relating to cellphone ringtones. Negotiated favorablesettlement agreement.

CASE Fitness Quest, Inc. et al. v. UniversalMusic Publishing Group, Inc., No. 5:02-CV-02528


SUMMARY Represented declaratory judgment plaintiff inaction involving use of plaintiff’s music infitness videotape series. Negotiated favorablesettlement after court granted client’s motionfor partial summary judgment.

CASE Glanton v. Sony Records, No. 2:02-CV-0631


SUMMARY Represented defendant in copyrightinfringement action relating to plaintiff’smusical composition. Plaintiff dismissed claim after briefing.

15

Cleveland | Columbus | Philadelphia | Shanghai | Wilmington

www.beneschlaw.com

Intellectual PropertyTransactions

Benesch’s IP transaction lawyers havesubstantial experience in all phases of a sale or transfer of intellectual assets.We help companies prepare for sale to enhance the value of their IP andperform due diligence for purchasers of intellectual assets. Our businessacumen and extensive experience in all aspects of negotiations provide clients sound counsel on appropriatelystructuring the transaction.

Services include:

• Conducting due diligence of targeted IP assets to identify strengths andweaknesses

• Conducting audits of IP portfolios and procedures to assess the valueand coverage

• Counseling clients on technologytransfer strategies to maximize value

• Drafting and negotiating agreementsinvolving intellectual property, includinglicenses

Recent representative engagementsinclude:

• Represented a technology company in the expansion of its product linesthrough the acquisition of softwarerights and the transfer of subscription-based license agreements

• Represented automotive suppliers ininternational IP license agreements

• Represented a biotechnology companyin negotiating license, supply anddistribution agreements

• Represented a multitude of diversepurchasers and sellers in stock andasset transactions involvinginternational patent and trademarkportfolios

• Represented a major consumerproducts company in negotiatingagreements regarding various music-related properties

• Represented a major music publication regarding various licensing and co-branding deals with major music publishers and record companies

Benesch Friedlander Coplan & Aronoff LLP

200 Public Square

Suite 2300

Cleveland, OH 44114

216.363.4500

www.beneschlaw.com Cleveland • Columbus • Indianapolis • Philadelphia • Shanghai • White Plains • Wilmington

LABOR & EMPLOYMENT Benesch’s Labor & Employment Practice Group provides a full range of services to clients on a national basis. From counseling clients on daily employment issues to the handling of the most complex litigation, our Labor and Employment lawyers have the experience, skills and commitment to client service your needs to minimize the risks inherent in today’s workplace.

Our lawyers are keenly aware that client representation means not only providing the highest quality, result oriented legal services, but doing so in a manner which is cost effective and consistent with the clients’ circumstances and goals. We work with clients at the outset of each matter to make sure we understand the desired end result and that the client understands what will likely be involved in obtaining that result. This process continually repeats throughout the representation. In short, we recognize that sound business judgment is every bit as important as sound legal judgment.

We are actively involved with many clients in the public sector as well as industries such as retail, automotive, health care, manufacturing, trucking, technology, food and beverage distribution, industrial product distribution, professional services and banking, to name just a few. Summarized below are the types of matters our Labor & Employment lawyers typically handle and descriptions of some of the actual cases in those areas:

Employment Litigation

Benesch’s Labor & Employment lawyers have a wealth of experience in employment litigation. We have represented employers in virtually every type of lawsuit, in every kind of forum. Examples of the kind of cases our Labor and Employment lawyers handle include discrimination charges before the EEOC and state fair employment practice agencies, including the Ohio Civil Rights Commission; employment discrimination, wage/hour, wrongful discharge and breach of contract claims in federal and state courts; and arbitrations under employment and collective bargaining agreements. Whether it’s the arbitration of a single employee’s discharge or complex class action defense, our lawyers have the experience necessary to provide the highest quality representation available.

Beyond this experience, our lawyers also possess the awareness that client needs and desires vary with each case. Litigation demands that counsel not only provide sound legal analysis, but also design a strategy consistent with the client’s business objectives. Our approach is to work with our clients to formulate the best legal strategy, understand the client’s business needs and goals and then together devise the approach best suited to achieve the desired result. Just some of the employment litigation matters handled by Benesch’s Labor & Employment Practice are summarized below:

Resolved an age discrimination and wrongful discharge lawsuit brought against a global household products manufacturer in federal court in Jackson, Mississippi.

Obtained summary judgment on behalf of a multinational consumer products company in a sexual harassment matter brought in the Eastern District of Missouri.

Obtained summary judgment on behalf of a nursing home in a wrongful discharge and defamation matter in Ohio and recovered attorney fees on behalf of the client pursuant to Ohio’s Frivolous Conduct Statute.

Represented a national beverage distributor in a wage/hour class action, obtaining summary judgment by establishing that the client’s employees were exempt from overtime requirements.

Obtained summary judgment in favor of a multinational telecommunications equipment manufacturer in a disability discrimination matter in Ohio and successfully defended the appeal of this decision.

Won a jury trial in a class action wage and hour lawsuit in federal court in the Northern District of Ohio.

Obtained summary judgment on behalf of financial institution in hotly contested age discrimination matter brought in the Cuyahoga County Court of Common Pleas.

Obtained dismissal of class action ERISA breach of fiduciary duty lawsuit brought in the District Court of Massachusetts.

Defeated certification of class in FLSA collective action litigation brought in the Northern District of Ohio based on the retail sales exemption to the FLSA.

Obtained dismissal of class action FLSA claim in the Northern District of Ohio based on the companionship services exemption to the FLSA.

Labor-Management Relations and Collective Bargaining

In the area of “traditional” labor law, our Labor & Employment lawyers represent employers in collective bargaining, union avoidance, before the State Employment Relations Board and the National Labor Relations Board and in arbitration. The clients we represent in their relationships with unions, or in attempting to avoid such relationships, come from the public sector as well as diverse industries such as health care, household product manufacturing, retail, steel and trucking. A sampling of matters our Labor & Employment lawyers have handled in this area include:

Representation of a hospital in bankruptcy which included the rejection of the collective bargaining agreement in the Bankruptcy Court, counseling the client through a bitter strike and obtaining Court ordered injunctive relief during the strike, significantly limiting the number of pickets around the hospital’s premises.

Representation a shopping center management firm in the Sixth Circuit Court of Appeals, successfully overturning an NLRB order involving a union’s right to picket on private property. This matter was a case of first impression and greatly expanded management’s right to control access to private property.

Coordinated the legal and labor relations aspects of a multinational manufacturer’s efforts to consolidate operations following the acquisition of a large competitor. This representation involved counseling on layoffs, advising on the closing of several large manufacturing plants throughout the United States and bargaining with the unions representing the employees at both the closing and continuing plants.

Successfully represented a manufacturing operation in its union avoidance efforts in the face of a multi-year organizational campaign. This representation included counseling on permissible campaign material and programs, as well as the defense of numerous unfair labor practice charges.

Successfully represented an employee leasing firm in the trucking industry in obtaining a court order vacating an arbitration award which reinstated a discharged truck driver who had tested positive for drugs.

Successfully represented a health care employer through collective bargaining, a strike and ultimately the withdrawal of recognition from the union. The matter was the subject of extensive litigation before the NLRB and the Sixth Circuit Court of Appeals. The Court of Appeals found that the client engaged in lawful hard bargaining, reached a legitimate impasse, lawfully implemented its final offer and lawfully withdrew recognition from the union after two -thirds of the bargaining unit resigned from the union and crossed its picket line.

Representation of a platform company in the baked goods industry, which acquired the foodservice and bakery division of a major publicly-held company, with operating plants and distribution throughout the US. During the acquisition, we protected the buyer from liabilities relating to the seller's closing of a major plant, and re-negotiated a collective bargaining agreement for a key facility, obtaining concessions in a number of areas. This contract is enabling our client to be more competitive in its industry.

Negotiation of contracts with most major unions in Ohio and in many parts of the United States by way of Benesch attorneys who are OSBA-certified specialists in labor and employment law.

Client Counseling

We recognize that proactive, preventive maintenance is the most effective way of avoiding costly litigation. To that end, we are very active in counseling clients on day-to-day employment issues as they arise. This counseling takes many forms, such as reviewing disciplinary or discharge decisions; reviewing policies, programs and compensation plans for compliance with the Title VII, FMLA, ADA, FLSA, ADEA, O.R.C. § 4112 and the myriad of other employment laws; advising employers during reductions in force; providing supervisor training on issues such as employment-at-will, equal employment opportunity and workplace harassment; preparing employment agreements; and implementing alternative dispute resolution programs. The counseling we provide is always with complete recognition that maximizing the client’s business position is as important a priority as avoiding litigation. Specific examples of the counseling we have provided include the following:

Advised a multinational client on the consolidation of manufacturing plants in several states, together with the reduction in force of its national sales organization, which involved the implementation of layoffs and severance programs, as well as WARN compliance.

Conducted a workforce assessment for a multinational household product manufacturer. Our Labor and Employment lawyers first worked with the client’s human resource professionals in reviewing current practices and formulating guidelines for the implementation of self-directed work teams. Some of the issues which needed to be addressed were compensation structure, the implications of the team concept under the National Labor Relations Act, joint employer status in connection with the use of temporary workers, and structuring lines of supervisory and management authority. After the framework was established the labor and employment lawyers, again in concert with human resources professionals, conducted training sessions at the various plants as part of the implementation process.

Counseled a multinational office supply chain on the structuring and implementation of an alternative dispute resolution program for its employees.

Counseled an international telecommunications company in connection with the downsizing of several plants and compliance with WARN and Older Worker Benefit Protection Act requirements.

Counseled the Board of Directors of a client regarding an extremely sensitive termination of the client’s Chief Executive Officer.

Workplace Safety, Workers Compensation and Unemployment Compensation

Attorneys in the Labor & Employment Practice Group represent clients in administrative and judicial forums in Ohio and throughout the country.

A client’s problems related to workplace safety, unemployment and workers’ compensation matters are often linked with other aspects of labor and employment law. For example, a serious employee injury can result in a lawsuit, an OSHA complaint, and a workers’ compensation claim. The same injury may draw into question and interpretation the employer’s policies regarding leaves of absence and accommodation of disabilities. Giving competent advice in a workers’ compensation matter may require resolving issues regarding the Family and Medical Leave Act, the Americans with Disabilities Act and Ohio’s disability discrimination law.

The extensive experience of the Labor & Employment Practice Group has prepared attorneys to be responsive to the full gamut of potential issues. In addition to the experience of the Group’s attorneys, a nurse paralegal plays an active role in preparing for hearings and responding to pleadings and discovery requests.

With the advent of managed care organizations (MCOs) in Ohio’s workers’ compensation system, employers are reviewing their overall workers’ compensation administration. Some are now relying on their MCOs to provide basic administrative and gatekeeping services and relying on their attorneys to represent them in disputed claims and in administrative matters with the Bureau of Workers’ Compensation. The following examples show the breadth of the services provided to clients in workplace safety issues:

Representing a foundry before OSHA and the Industrial Commission after one of the company’s employees died, allegedly from a workplace injury.

Negotiating a favorable settlement for a plastic products manufacturer, which was defending against its employee’s application for an award for the violation of a specific safety requirement.

Representing a foundry in defending against its employee’s application for an award for the violation of a specific safety requirement.

Representing a computer manufacturer in court and before the Industrial Commission and the Bureau of Workers’ Compensation in Columbus, Ohio on matters dealing with the company’s unintentional failure to pay timely its workers’ compensation premiums.

Working with a large health care provider to lower both its claims and administrative costs by advising on how to handle more of its own workers’ compensation administration.

Proving that an employee of a national rental chain was feigning total disability for months and was entitled to no benefits.

Successfully representing a furniture retailer in defending against a claim made by a disgruntled worker for unemployment compensation and a subsequent lawsuit for workers’ compensation retaliation.

Successfully defending a large forgings producer in a workers’ compensation appeal by asserting that the trial court did not have the jurisdiction to hear case.

Successfully representing a national market research firm, which had 150 Ohio employees, before the Court of Appeals in Columbus, Ohio in an unemployment compensation contributions dispute.

Representing clients at Industrial Commission hearings. Few employers realize that only their attorneys are authorized to cross-examine witnesses and argue facts and points of law to the Commission’s hearing officers. Other representatives, even if they are attorneys, can simply present facts on behalf of employers. This distinction was important when, on behalf of a steel fabricator, one of the Group’s attorneys successfully argued that a claimant was not entitled to the hefty percentage permanent partial disability award that he requested for the loss of his arm.

Ira C. Kaplan

Managing Partner Executive Committee Member

Mr. Kaplan is the firm's Managing Partner and serves as a member of the firm's Executive Committee. Mr. Kaplan has Co-Chaired the firm's Private Equity Group and Middle Market Group and is a member of its Polymer Group. He focuses his practice on mergers and acquisitions as well as public and private debt and equity financings. Mr. Kaplan represents both publicly and privately held companies at various stages of growth. He has been involved in planning for growth companies, helping to position them for various stages of private financing and anticipated public offerings. Mr. Kaplan also represents private equity, subordinated debt and venture funds as well as portfolio companies of such funds.

■ Co-Chair of Southern Region, United Way of Greater Cleveland ■ Board Member and Executive Committee Member, Cleveland Leadership Center ■ Board Member, Jewish Education Center of Cleveland ■ Board Member, Business Volunteers Unlimited ■ Treasurer, Executive Committee Member and Trustee, Menorah Park Center for Senior Living; Chair of the Budget and

Finance Committee; Member of Strategic Planning, Audit, Budget and Finance and Government Relations Committees, 2004-2008

■ Trustee, Jewish Community Federation of Cleveland, 2008 ■ Trustee, The Temple Tifereth Israel Foundation, 2008 ■ Board Member, Trustee and past Board Chair, Council Gardens, 1990-2008 ■ Alumni, Leadership Cleveland ■ Served, Governor's Third Frontier Task Force on Biotechnology ■ Member, Case Western Reserve University - Government Relations Advisory Committee

■ Listed, The Best Lawyers in America® 2011 (Copyright 2011 by Woodward/White, Inc., of Aiken, SC) and named Best Lawyers’ 2010 Cleveland Corporate Lawyer of the Year

■ Listed, Chambers USA 2010 Leading Lawyers, Corporate/M&A ■ Listed, Ohio Super Lawyers 2004-11 ■ Listed, Leading Lawyers, Inside Business Magazine

■ The George Washington University Law School, 1979, J.D.

■ University of Rochester, 1976, B.A., Political Science■ Scott Paper Scholarship Award■ Student Life Award

■ Member, American Bar Association ■ Member, Cleveland Metropolitan Bar Association

[email protected]

T: 216.363.4567 M: 216.789.8722 F: 216.363.4588

Assistant ContactJoan [email protected]

Cleveland200 Public Square Suite 2300 Cleveland, OH 44114-2309 US

PRACTICE GROUPS AND FOCUS AREASCorporate & Securities Bank and Institutional

Borrowings Capital Formation Contract Preparation,

Negotiation and Compliance

Corporate Governance Domestic and International

Joint Ventures Mergers, Acquisitions and

Divestitures Public Offerings and Private

Equity Financings Regulatory Compliance Shareholder, Operating and

Partnership Agreements Private Equity Economic Growth and

Development Team Private Equity/Health Care Polymers

MEMBERSHIPS/AFFILIATIONS

OTHER DISTINCTIONS

EDUCATION

COURT AND BAR ADMISSIONS/ASSOCIATIONS

NEWS

Benesch Management Elections March 2, 2011

32 Benesch Attorneys Named 2011 Super Lawyers January 3, 2011

Forty-Five Benesch Attorneys Named 2011 Best Lawyers in America August 11, 2010

Wild Received Bennett and Donna Yanowitz Leadership Award and Kaplan Received Irving Stone Award December 28, 2009

Ira Kaplan Named Best Lawyers' 2010 Cleveland Corporate Lawyer of the Year November 17, 2009

Regional and Global Competition Counseling

Thirty-Eight Benesch Attorneys Named 2010 Best Lawyers in America July 30, 2009

RELATED ARTICLES AND PRESENTATIONS

Benesch's Subdebt Survey June 2006

Highlights from Benesch's Annual Private Equity Conference February 15, 2005

Acquiring a Troubled Company: How to Navigate Through a Mine Field May 12, 2004

Real Estate as a Financing Tool March 12, 2004

Research Is Essential When Acquiring Troubled Companies James M. Hill and Ira C. KaplanMarch 2004

Megan L. Mehalko

Partner

Ms. Mehalko is Chair of the firm's Corporate and Securities Practice Group. Ms. Mehalko is also a member of the firm's Executive Committee. Ms. Mehalko focuses her practice on mergers, acquisitions, divestitures, domestic and cross border strategic alliances and joint ventures, general business counseling, and distressed/insolvent company acquisitions and restructurings. She advises public companies on corporate governance issues and securities law issues. She represents private equity funds as well as portfolio companies of funds. She also has experience representing companies in the plastics, rubber, metal stamping and fabricating, healthcare, telecom, equipment manufacturing, logistics and financial services industries. Ms. Mehalko is also actively involved with the Private Equity group, the China group and chairs the Polymer Industry group. Ms. Mehalko also sits on the firm's Professional Development Committee and its Finance Committee.

■ Seeds of Literacy - Board Member ■ College Now Greater Cleveland (formerly Cleveland Scholarship Programs) - Board Member, Chair of Governance

Committee, Executive Committee Member

■ Listed, The Best Lawyers in America® 2011 (Copyright 2011 by Woodward/White, Inc., of Aiken, SC) ■ Listed, Leading Lawyers, Inside Business Magazine ■ Listed, Ohio Super Lawyers 2004, 2005, 2008 ■ Listed, Chambers USA 2010 Leading Lawyers, Corporate/M&A

■ Case Western Reserve University Law School, 1990, J.D.

■ Bucknell University, 1987, B.A.

■ Member, American Bar Association ■ Member, Cleveland Metropolitan Bar Association; Executive Council, Corporation and Business Law Section ■ Member, Ohio State Bar Association

[email protected]

T: 216.363.4487 M: 216.410.3657 F: 216.363.4588

Assistant ContactAimee [email protected]


PRACTICE GROUPS AND FOCUS AREASCorporate & Securities Capital Formation Contract Preparation,


Domestic and International Joint Ventures

Mergers, Acquisitions and Divestitures

Public Offerings and Private Equity Financings

Regulatory Compliance Shareholder, Operating and

Partnership Agreements Workouts and Restructurings Polymers Regional and Global

Competition Counseling Private Equity Economic Growth and

Development Team


OTHER DISTINCTIONS

EDUCATION


NEWS

Benesch Management Elections March 2, 2011

Benesch Deal Announced as Finalist for 9th Annual M&A Advisor Awards November 16, 2010




Litigation Contingency Disclosure: An Area of Increased SEC Scrutiny May 2011

Regulation FD Policies: Best Practices February 7, 2011

Considerations for Appointing a Lead Director April 2009

Plastics News Processor of the Year Best Practice Panel

Plastic News Executive ForumFebruary 25-28, 2007

Transactional Trends and Considerations SPI ConferenceApril 27, 2006

The Impact of Contract Terms and Conditions Plastics News Executive ForumMarch 8, 2006

Capitalize on Your Intellectual Capital Plastics News Executive ForumMarch 2, 2005

Gregg A. Eisenberg

Partner

Executive Committee Member

Mr. Eisenberg is a partner with the firm's Corporate and Securities Practice Group and a member of the firm's Executive Committee. Mr. Eisenberg focuses his practice on mergers and acquisitions as well as public and private debt and equity financings. He represents both publicly and privately held companies at various stages of growth. He has been involved in planning for growth companies, helping to position them for various stages of private financing and anticipated public offerings. Mr. Eisenberg also represents private equity, subordinated debt and venture funds as well as portfolio companies of such funds.

In 2010, Mr. Eisenberg was chosen as one of 40 distinguished individuals under the age of 40 to be recognized with the M&A Advisor's 40 Under 40 Award. This award honored the top 40 M&A professionals in the country under 40 years of age. The M&A Advisor, renowned globally for its recognition of leading M&A, financing and turnaround professionals, designed this award to promote mentorship and professional development amongst emerging business leaders.

■ Board Member, Cleveland Clinic Children's Hospital ■ Board Member, Cuyahoga Community College ■ Board Member, Cystic Fibrosis Foundation, Rainbow Chapter ■ Board Member, March Of Dimes ■ Board Member, Youth Opportunities Unlimited ■ Board Member, Boy Scouts Of America - Greater Cleveland Council

■ Recipient, M&A Advisor's 40 Under 40 Award ■ Listed, Super Lawyers - Rising Stars 2005, 2006, 2007 ■ AV Rated Martindale-Hubbell Peer Review

■ The Ohio State University, Moritz College of Law, 1997, J.D.

■ University of Rochester, 1994, B.A.■ magna cum laude■ Phi Beta Kappa

■ Member, Cleveland Metropolitan Bar Association ■ Member, Ohio State Bar Association

[email protected]

T: 216.363.4693 M: 216.410.7464 F: 216.363.4588

Assistant ContactSherri [email protected]


PRACTICE GROUPS AND FOCUS AREASCorporate & Securities Private Equity Bank and Institutional

Borrowings Capital Formation Contract Preparation,


Mergers, Acquisitions and Divestitures

Public Offerings and Private Equity Financings

Shareholder, Operating and Partnership Agreements


OTHER DISTINCTIONS

EDUCATION


NEWS

Eisenberg Receives M&A Advisor's International 40 Under 40 Award July 13, 2010

Carsonie and Eisenberg Elected to Benesch's Executive Committee February 9, 2009


In Times Like These, How Sure Can We Really Be? The Right to Adequate Assurance August 2009

The NonControlling Investment and How to Protect It Law 360: http://www.law360.comJuly 1, 2009

Planning for the Future of Your Business

November 9, 2006

Anna Raske

Partner

Ms. Raske serves as Co-Chair of the ERISA Litigation Group and is a member of the Employee Benefits and Litigation Groups. Ms. Raske also serves as deputy risk management partner to the Firm.

Ms. Raske's primary focus is on assisting the firm's clients in finding solutions to complex problems that are consistent with the client's business objectives. She has a particular expertise in ERISA litigation and also concentrates her practice on commercial business disputes, real estate litigation, employment discrimination litigation, wage and hour litigation and non-compete and unfair competition litigation. Ms. Raske represents business employers in a multitude of industries, all with an eye on maximizing economic results for the clients. Whether through counseling, alternative dispute resolution or litigation, she is committed to generating solutions that make sense for her clients.

Primary Areas of Practice and Experience ERISA Litigation Agency Investigations Employee Benefit Claim Cases and Appeals Claim Procedure Fiduciary Breach Investment Advisor Claims Service Provider Claims Preemption Prohibited Transactions Collectively Bargain in Multi-Employer Benefit Plans Litigation Real Estate Litigation Litigation on behalf of institutional lenders and developers Contentious mortgage foreclosures Lawsuits between purchasers and sellers of real estate and landlord and tenant disputes Receiverships and receivership sales Evictions Contract Business and Commercial Disputes Professional Malpractice Labor and Employment Administrative Agency Proceedings Employment Discrimination Litigation Non-Compete Agreement and Trade Secret Litigation Unfair Labor Practice Wage and Hour Litigation

■ University of Dayton School of Law, 1996, J.D.■ cum laude■ Law Review

■ Miami University, 1993, B.A., Political Science

■ Member, Ohio Bar Association ■ Member, Cleveland Metropolitan Bar Association ■ Admitted, Supreme Court of Ohio ■ Admitted, U.S. Court of Appeals, Fourth Circuit ■ Admitted, U.S. Court of Appeals, Fifth Circuit ■ Admitted, U.S. Court of Appeals, Sixth Circuit ■ Admitted, U.S. Court of Appeals, Eighth Circuit ■ Admitted, U.S. District Court for the Northern District of Ohio ■ Admitted, U.S. District Court for the Southern District of Ohio

[email protected]

T: 216.363.4552 F: 216.363.4588

Assistant ContactLinda [email protected]


PRACTICE GROUPS AND FOCUS AREASEmployee Benefits &

Compensation ERISA Fiduciary

Responsibility and Liability ERISA Litigation Litigation State and Federal

Discrimination Claims Contract, Business,

Commercial and Consumer Disputes

Unfair Competition Employment Litigation Real Estate & Environmental

Litigation

EDUCATION



U.S. Supreme Court Opened the Flood Gate Today. Be Prepared.

Peter N. Kirsanow

Partner

Mr. Kirsanow is a partner with the firm's Labor and Employment Practice Group and a member of the Diversity Committee. Mr. Kirsanow returned to Benesch in January 2008 after serving on the five-member, President-appointed National Labor Relations Board in Washington D.C. for two years. While serving on the NLRB, he was involved with significant decisions including Oakwood Healthcare, Inc., Dana/Metaldyne and Oil Capital Sheet Metal, Inc. Mr. Kirsanow has also been reappointed by President Bush to the U.S. Commission on Civil Rights, where he will serve his second six-year term. This is a part-time position. Mr. Kirsanow focuses his legal practice on representing management in employment-related litigation, as well as in contract negotiations, NLRB proceedings, EEO matters and arbitration. He continues to testify before and advise members of the U.S. Congress on various employment laws and matters. Mr. Kirsanow formerly served as senior labor counsel of Leaseway Transportation Corp. and labor counsel for the city of Cleveland. He has extensive experience in public sector employment matters as well as in industries such as health care, trucking, heavy manufacturing, radio and television and employee leasing. Mr. Kirsanow is past chair of the board of directors of the Center for New Black Leadership, has been an adjunct professor at the Cleveland Marshall College of Law, and testified before the Senate Judiciary Committee on the nominations of John Roberts, Samuel Alito, Sonia Sotomayor and Elena Kagan to the Supreme Court.

■ Member, Diversity Committee

■ Cornell University, 1976, B.A.

■ Cleveland State University, Cleveland-Marshall College of Law, 1979, J.D.■ Articles Editor, Law Review

[email protected]

T: 216.363.4481 F: 216.363.4588

Assistant ContactTracy [email protected]


PRACTICE GROUPS AND FOCUS AREASLabor & Employment Transportation & Logistics Collective Bargaining Employment Law Counseling Employment Litigation Workers' Compensation

Matters General Transportation Administrative Agency

Proceedings Arbitrations Corporate Compliance &

Regulatory Enforcement Corporate Compliance Forums Regulatory

Enforcement/Advocacy School Law


EDUCATION

REPRESENTATIVE MATTERS

Labor & EmploymentCollective Bargaining

■ Represented a hospital in bankruptcy which included the rejection of the collective bargaining agreement in the Bankruptcy Court, counseling the client through a bitter strike, and obtaining Court ordered injunctive relief during the strike thereby significantly limiting the number of pickets around the hospitals premises

Labor & EmploymentWorkers' Compensation Matters

■ Represented a foundry before OHSA and the Industrial Commission after one of the company's employees died, allegedly from a workplace injury

■ Represented a steel processing manufacturer in OHSA, workers' compensation and personal injury litigation proceedings following a machine failure resulting in the death of the machine operator

Labor & EmploymentArbitrations

■ Successfully represented an employee leasing firm in the trucking industry in obtaining a court order vacating an arbitration award which reinstated a discharged truck driver who had tested positive for drugs

NEWS

Kirsanow to Testify at Kagan Supreme Court Hearing June 29, 2010

Peter Kirsanow to Testify at Sotomayor Hearing July 16, 2009

Kirsanow Speaks on the Employee Free Choice Act at Benesch's 23rd Annual Labor & Employment Conference June 5, 2009

Kirsanow to be a Guest on Cleveland's 1330 AM

January 14, 2009

Peter Kirsanow to be a Guest on WCPN Radio December 11, 2008

Benesch Holds Employee Free Choice Act Briefing November 19, 2008


Important NLRB Case March 7, 2011

The NLRB Notice and Invitation to File Briefs in Specialty Healthcare, 356 NLRB No. 56 January 18, 2011

NLRB Proposed Rule Requires Posting of NLRA Rights December 23, 2010

Pressing Employment Policy Concerns – Leave Law Update June 30, 2010

EEOC Proposes Revised Regulations Regarding the Americans with Disabilities Act November 2009

Employee Free Choice Act Update: Senator Specter Breaks Silence March 25, 2009

Employers’ First Resolution Of The New Year: Update FMLA Policies January 2009

The Employee Free Choice Act: Fundamental Change In Support of Union Organizing Will Require Immediate Employer Action October 23, 2008

President Signs ADA Amendments Act October 15, 2008

Ohio Healthy Families Act: What Next? August 19, 2008

Jeffrey D. Zimon

Partner

Mr. Zimon serves as Chair of the Employee Benefits and Compensation Department and Co-Chair of the ERISA Litigation Group.

Mr. Zimon's primary focus is on helping his clients meet both human resources management and business growth objectives. Whether that means counseling clients on ways to save money in providing health care coverage, improving ERISA fiduciary functions and reducing liability, winning an ERISA case in court, or improving the way in which a company advises and communicates with employees about how much it is investing in their benefits, Mr. Zimon's passion is to maximize economic results for his clients. He represents employers in diverse industries with expertise in ERISA related counseling, compliance and litigation that routinely generates solutions, contributes measurable value and optimizes employer-employee relationships. Primary Areas of Practice and Experience- Collectively Bargained and Multiemployer Benefit Plans Withdrawal and Partial Withdrawal Liability Defined Benefit Pension Liabilities and PBGC Controversies Funding and Benefit Issues in Bankruptcies and Restructurings ERISA Fiduciary Responsibility and Liability Claims and Appeals Procedures Third Party Service Provider and Investment Manager Agreements Benefit Plan Fees and Expenses Governmental Audits Health and Welfare Plans such as Funding, Design, Pharmacy Benefits, Disability Plans COBRA Self Insured Arrangements Mergers and Acquisitions Retirement Plan Design and Compliance All Aspects of 401(k) Plans Reporting and Disclosure ERISA Litigation- Agency Investigations Employee Benefit Claim Cases and Appeals Claims Procedures Multiemployer Delinquent Contribution Claims and Audits Withdrawal Liability Claims PBGC and Title IV Funding Disputes Benefits in Bankruptcy and Restructurings Fiduciary Breach Investment Advisor Claims Service Provider Claims Preemption Prohibited Transactions Tax Court Disputes Collectively Bargained and Multiemployer Benefit Plans Fiduciary Liability and Litigation Including Class Actions

■ Member, American Bar Association ■ Member, Federal Bar Association ■ Member, Cleveland Metropolitan Bar Association ■ Patient Advisory Committee, Murdoch Family Center for Psoriasis ■ Leadership Circle, United Way of Greater Cleveland ■ Human Resource Committee, United Way of Greater Cleveland

■ AV Rated Martindale-Hubbell Peer Review ■ Listed, Chambers USA 2010 Leading Lawyers, Employee Benefits & Executive Compensation

[email protected]

T: 216.363.4657 F: 216.363.4588

Assistant ContactDeborah [email protected]


PRACTICE GROUPS AND FOCUS AREASEmployee Benefits &

Compensation Collectively Bargained And

Multiemployer Benefit Plans Benefit Plan Funding for

Retirement Plans ERISA Fiduciary

Responsibility and Liability ERISA Litigation Health and Welfare Plans –

Strategies and Funding Mergers and Acquisitions of

Employee Benefit Plans Retirement Plan Design and

Taxation

ACTIVITIES

OTHER DISTINCTIONS

EDUCATION

■ Case Western Reserve University Law School, 1992, J.D.■ 1991 Winner, Dunmore Moot Court Competition

■ Brandeis University, 1985, A.B.

■ Supreme Court of Ohio ■ U.S. Tax Court ■ U.S. Court of Federal Claims ■ U.S. District Court, District of Colorado ■ U.S. District Court, Northern District of Ohio ■ U.S. District Court, Sourthern District of Ohio ■ U.S. Court of Appeals: Fourth, Fifth, Sixth, and Eighth Circuits ■ U.S. District Court, Central District of Illinois ■ U.S. District Court, Western District of Michigan ■ U.S. District Court, Eastern District of Michigan

COURT ADMISSIONS

NEWS

New Videocast: Employee Benefits Strategies in a Down Economy March 24, 2009


Urgent Benefits Department Advisory: Department of Labor Issues Interim Final Rules on ERISA Plan Fee Disclosures - Where are the Advocates for ERISA Plan Fiduciaries? July 16, 2010

New COBRA Provisions February 23, 2009

U.S. Supreme Court Opened the Flood Gate Today. Be Prepared. February 21, 2008

Steven M. Auvil

Partner Chair, Intellectual Property Practice Group

Mr. Auvil's practice is principally focused on litigation of intellectual property disputes. He has first chaired numerous patent, copyright, trademark and trade dress cases in federal and state courts and the U.S. International Trade Commission. In addition, he has argued several patent-related appeals at the U.S. Court of Appeals for the Federal Circuit. Mr. Auvil has also handled a significant number of patent interferences before the Board of Patent Appeals and Interferences relating to a variety of technologies. Mr. Auvil has considerable experience negotiating agreements that involve intellectual property. These include asset purchase and strategic alliance agreements, sponsored research agreements, joint development agreements, confidentiality agreements and technology license agreements. Mr. Auvil regularly advises clients regarding patent and trademark infringement, validity and enforcement issues. This frequently involves preparing freedom to operate and other advisory opinions. Mr. Auvil also has significant involvement in patent and trademark preparation and prosecution on behalf of the firm's clients. As a member of the firm's China Group, Mr. Auvil works to protect and enforce clients' patents, trademarks, know-how, trade secrets and other intellectual property rights while conducting business in China.

Mr. Auvil currently chairs the firm's Alternative Fee Committee and previously served on Benesch's Executive Committee from 2004-2009.

■ Member, Cleveland-Marshall College of Law Visiting Committee ■ Board of Trustees, Young Audiences of Greater Cleveland (2003-2006) ■ Member, William K. Thomas Inn of Court ■ Member, UDRP Panel of Neutrals, World Intellectual Property Organization ■ Adjunct Faculty Member, Patent Law and Practice, Cleveland-Marshall College of Law at Cleveland State University

(2000-2002) ■ Faculty, National Institute of Trial Advocacy, Deposition Skills ■ President-Elect, President and Past-President, Cleveland Intellectual Property Law Association ■ Chair, Law Practice Management Committee of AIPLA

■ Listed, Chambers USA 2010 Leading Lawyers, Intellectual Property; listed for 3 years ■ Listed, The Best Lawyers in America® 2011 (Copyright 2011 by Woodward/White, Inc., of Aiken, SC); listed for 5 years ■ Listed, Ohio Super Lawyers 2004, 2005, 2007, 2008, 2009, 2010, 2011 ■ Listed, 2007, 2008 Leading Lawyers, Inside Business Magazine

■ New York University School of Law, 1994, LL.M. in Trade Regulation

■ Cleveland State University, Cleveland-Marshall College of Law, 1993, J.D.■ summa cum laude■ Highest Rank in Class■ Editor, Law Review ■ Third year student at University of Pennsylvania Law School

■ The Ohio State University, 1988, B.S. Mechanical Engineering■ Engineering co-op program

■ Admitted, U.S. Supreme Court ■ Admitted, U.S. Court of Appeals for the Federal Circuit ■ Admitted, U.S. Court of Appeals for the Sixth Circuit ■ Admitted, U.S. District Court for the Northern District of Ohio ■ Admitted, U.S. District Court for the Southern District of Ohio ■ Admitted, U.S. District Court for the Northern District of Illinois

[email protected] T: 216.363.4686 M: 216.570.5162 F: 216.363.4588

Assistant ContactRebecca [email protected]


PRACTICE GROUPS AND FOCUS AREASIntellectual Property Copyrights Patents Trademarks Transactions Medical Devices China Group Polymers Regional and Global

Competition Counseling


OTHER DISTINCTIONS

EDUCATION


■ Admitted, U.S. District Court for the Eastern District of Texas ■ Admitted to practice, State of Ohio ■ Admitted, U.S. Patent and Trademark Office ■ Member, American Bar Association ■ Member, American Intellectual Property Law Association ■ Member, Cleveland Metropolitan Bar Association ■ Member, International Trademark Association ■ Member, Ohio State Bar Association ■ Member, Federal Circuit Bar Association


Intellectual PropertyCopyrights

■ Bema Music Co. v. Motorola, Inc. et al. 1:03-CV-1060 (N.D. Ohio) Represented plaintiff as lead counsel in copyright infringement case relating to cell phone ring tones; negotiated confidential settlement agreement without serving complaint.

■ Geovision, Inc. v. PCSurveillance.net, 4:06-CV-0649 (N.D. Ohio) Represented plaintiff as lead counsel in copyright infringement action relating to digital surveillance software; negotiated confidential settlement, and consent injunction entered against defendant

Intellectual PropertyPatents

■ Avery Dennison Corporation v. Toray International, Inc., 1:07-CV-01268 (N.D. Ohio) Representing defendant as co-counsel in patent infringement suit involving radio frequency identification labels.

■ Baran v. AMT Sverige, AB, et al., 1:04-CV-01251 (N.D. Ohio) Lead counsel representing plaintiff in patent infringement case involving biopsy instruments. Appeal pending after Markman hearing, claim construction order (519 F.Supp.2d 698) and summary judgment order.

■ Baran v. Tyco Healthcare Group, L.P., 1:06-CV-03034 (N.D. Ohio) Represented plaintiff as lead counsel in patent infringement case involving biopsy instruments; negotiated confidential settlement agreement without serving complaint.

■ Cartner et al. v. Alamo Group, Inc., 1:07-CV-1589 (N.D. Ohio) Lead counsel representing defendant in patent infringement suit relating to hydraulic motor braking systems. Case pending after favorable claim construction order (2008 WL 2169005), appeal to Federal Circuit and remand.

■ Fitness Quest Inc. v Next Wave Marketing Inc. et al., GIC842709 (Cal. Sp. Ct., San Diego Div.)Represented plaintiff as lead counsel in counterfeiting action involving Ab Lounge® fitness machine; negotiated confidential settlement agreement, and consent injunction entered against defendants

■ Fitness Quest, Inc. v. Jonathan Monti, 5:06-CV-02691 (N.D. Ohio)Lead counsel for plaintiff in declaratory judgment action involving fitness equipment. Case pending after favorable summary judgment order (2008 WL 2387992), appeal and limited remand order (2009 WL 1290341).

■ GSK Technologies Inc. v. Eaton Electrical Company, 6:06-CV-358 (E.D. Tex.)Represented defendant as lead counsel in patent infringement action relating to circuit breakers; negotiated confidential settlement after Markman hearing, but before favorable Markman order (2008 WL 906713).

■ Litetronics Int'l., Inc., et al. v. Technical Consumer Products, Inc., 1:03-CV-05733 (N.D. Ill.)Represented defendant as lead counsel in patent infringement case involving cold cathode fluorescent lamps; negotiated confidential settlement agreement and license.

■ LSP Technologies Inc. v. Continuum Electro-Optics, Inc., 2:08-CV-00038, 00039 (S.D. Ohio) Lead counsel representing plaintiff in patent infringement actions involving laser peening systems.

■ MacLean-Fogg Co. v. Eaton Corp., 2:07-CV-472 (E.D. Tex.) Represented defendant as lead counsel in dispute involving 14 patents and more than 500 asserted claims relating to automotive engine components. Negotiated favorable settlement agreement after favorable ruling on summary judgment motion and Markman hearing.

■ Monode Marking Products, Inc. v. Freedom Technologies Corp., 1:08-CV-00232 (N.D. Ohio) Lead counsel representing defendant in patent infringement suit involving shop floor control software.

■ Nilssen, et al. v. Technical Consumer Products, Inc., et al., 9:03-CV-80548 (S.D. Florida) Represented defendant as lead counsel in 13-patent infringement suit relating to compact fluorescent lamps; negotiated confidential settlement agreement and license.

■ Precor Inc. v. Fitness Quest, Inc., C-05-0993L, (W.D.Wash.) Represented defendant as lead counsel in patent infringement action relating to elliptical exercise machines; negotiated confidential settlement agreement after district court denied motion for preliminary injunction (2006 WL 290555), and Markman hearing and claim construction order (2006 WL 2469123).

■ Responsive Innovations, LLC v. Hotlzbrinck Publishers, LLC, et al., 4:08-CV-01184 (N.D. Ohio) Lead counsel representing plaintiff in patent infringement dispute involving radio frequency audience response systems.

■ Tele-Cons, Inc., et al. v. Harmony Lighting, Inc., et al., 1:03-CV-11250 (D. Mass.)

Represented defendant as lead counsel in patent infringement case involving three-way compact fluorescent lamps; negotiated settlement agreement and license after favorable Markman order.

■ Tesseron, Ltd. v. GMC Software et al., 1:04-CV-2182 (N.D. Ohio) Represented defendants as lead co-counsel in patent infringement action relating to variable data printing systems; after Markman hearing, negotiated confidential settlement agreement and license.

■ Tesseron, Ltd. v. R.R. Donnelley & Sons Co., 1:06-CV-02909 (N.D. Ohio) Representing defendant as co-counsel in patent infringement action relating to variable data printing systems.

■ Turning Technologies, LLC, et al. v. Fleetwood Group Inc. 4:05-CV-2057 (N.D. Ohio) Represented plaintiff as lead counsel in declaratory judgment action involving radio frequency audience response systems; negotiated release after non-infringement demonstration.

■ Vita-Mix Corporation v. Taiwan Star Industrial Inc., et al., 1:05-CV-02326 (N.D. Ohio) Represented plaintiff as lead counsel in patent infringement suit relating to commercial blenders; consent injunction entered against two defendants and default judgment against a third.

■ Vita-Mix v. JIT Products 1:06-CV-01005 (N. D. Ohio) Represented plaintiff as lead counsel in patent infringement suit relating to commercial blenders; negotiated early, confidential settlement agreement, and consent injunction entered against defendants.

Intellectual PropertyTrademarks

■ Council of Independent Restaurants of America, Inc. v. Cleveland Originals, 1:07-CV-00105 (N.D. Ohio)Represented plaintiff as lead counsel in trademark infringement involving national association of independent restaurateurs; negotiated confidential settlement agreement, and consent injunction entered against defendant.

■ Eastgate Health Care Center, Inc., et al. v. Highland Heights Nursing and Rehabilitation Center, LLC, 2:04-CV-00065 (E.D. Ky.)Represented plaintiff as lead counsel in trademark infringement suit against competing service provider; negotiated early, confidential settlement agreement, and consent injunction entered against defendant.

■ Elmer's & Toagosei Co. v. Ming Yang Trading Inc., 1:03-CV-4213 (E.D. NY)Represented plaintiff as lead counsel in trademark counterfeiting action involving Krazy Glue® adhesive; $2.5 million consent judgment and permanent injunction entered against defendants after ex parte seizure order, temporary restraining order, and preliminary injunction entered against defendants.

■ Ohio Savings Bank v. Amtrust Mortgage Corporation, 1:06-CV-00151 (N.D. Ohio) Represented defendant as co-counsel in trademark infringement action relating to mortgage lending services; negotiated favorable settlement after summary judgment motions, on eve of trial.

■ Vita-Mix v. Conair Corporation, 1:05-CV-01675 (N.D. Ohio) Represented plaintiff as lead counsel in trademark infringement action involving commercial blenders; negotiated early, confidential settlement agreement, and consent injunction entered against defendant.

■ Zinsser Brands Company, et al. v. The Glidden Company, 1:06-CV-01230 (N.D. Ohio) Represented defendant as lead counsel in trademark infringement action involving multiple marks applied to paints and coatings; after court denied plaintiffs' TRO motion (81 U.S.P.Q.2d 1588), negotiated confidential settlement agreement.

Intellectual PropertyTransactions

■ Ames True Temper, Inc. v. Myers Industries, Inc., et al., 2:07-CV-01751 (W.D. Pa.) Represented defendants as lead counsel in dispute concerning settlement agreement involving patented planters; after court denied plaintiff's Rule 60 motion (2007 WL 4268697) in underlying case, negotiated confidential settlement agreement.

■ Monode Marking Products, Inc. v. Freedom Technologies Corp., 1:08-CV-00232 (N.D. Ohio) Lead counsel representing defendant in patent infringement suit involving shop floor control software.

NEWS

32 Benesch Attorneys Named 2011 Super Lawyers January 3, 2011



Auvil Elected President of Cleveland Intellectual Property Law Association May 4, 2009

New Videocast: Changes to the Legal Standard for Design Patent Infringement March 12, 2009

Auvil and Clady Elected to Serve on Cleveland Intellectual Property Law Association Board

July 1, 2008

Fitness Quest Granted Summary Judgment in Patent Infringement Case June 6, 2008


Combating the High Cost of Patent Litigation Silicon Valley Intellectual Property Law AssociationMarch 31, 2011

Injunctive Relief for Patent Infringement: Still Available for Non-Practicing Entities Institute for Intellectual Property & Social Justice Intellectual Property Law SeminarMarch 11, 2011

Patent Damages at a Crossroads Cleveland Metropolitan Bar AssociationMarch 10, 2011

Joint Infringement and the Law of Inducement March 2011

Improper Inventorship: Don't Shoot Yourself in the Foot Columbus Intellectual Property AssociationFebruary 10, 2011

Pitfalls of Licensing: How to Avoid Falling in to the Pit New England Corporate Counsel AssociationOctober 6, 2010

Case Management in Patent Cases: Northern District’s New Patent Rules Change How the Game is Played Bar Journal of the Cleveland Metropolitan Bar Association, Vol. 2 No. 6, pp. 12-14January 2010

The U.S. Supreme Court Hears Oral Argument in Bilski November 2009

U.S. District Court for the Northern District of Ohio Adopts Local Patent Rules October 2009

Business Methods and Software Patents in the United States: The U.S. Supreme Court Grants Certiorari in Bilski June 2009

Protecting and Exploiting your Intellectual Property Global Gateway Lecture SeriesNovember 21, 2008

U.S. Intellectual Property Law: An Overview and Contrast with Chinese IP Law World Trade Center of Cleveland, China DelegationJune 12, 2008

Case Management in Patent Cases: The Name of the Game is the Claim Cleveland Metropolitan Bar Association Journal2008

Recent Cases in IP Law: Changing Rules and Strategies Inside the Minds: IP Litigation Best Practices2008

Recent Broadcom Victories Demonstrate Value of ITC Litigation Intellectual Property TodayJune 13, 2007

Markman Hearings after the Phillips Decision Cleveland Intellectual Property Lawyers AssociationJanuary 24, 2007

New Patent Rules Inside Business2007

Patent Trolling: Entrepreneurial Tool or Menace?

Significant Developments in Computer and Cyberspace Law, University of Dayton Law SchoolJune 9, 2006

Protecting and Exploiting Your Intellectual Property Plastics News Executive Forum2006

The Essentials of Intellectual Property Protection JumpStart, Lorain Community CollegeMarch 24, 2006

The Current Climate of Intellectual Property Litigation Inside the Minds: IP Litigation Best PracticesJanuary 2006

Patent Infringement Risk and Opinions of Patent Counsel PricewaterhouseCoopers General Counsel Forum and Cleveland Intellectual Property Association2003

New Top Level Domain Names American Corporate Counsel Association, Cleveland Chapter2000

Recent Developments Along the IP-Antitrust Interface Cleveland Intellectual Property Lawyers Association1996

Staying Patent Validity Litigation Pending Reexamination: When Should Courts Endeavor To Do So? Cleveland State Law Review Vol. 41, No. 21993

Gray Market Goods Produced by Foreign Affiliates of the U.S. Trademark Owner: Should the Lanham Act Provide a Remedy? Akron Law Review Vol. 28, No. 3Spring 1995

Amanda M. Miller

Associate

Ms. Miller represents clients in a range of intellectual property matters, particularly patent litigation and prosecution matters. She is experienced in preparing patent applications relating to pharmaceutical, chemical and mechanical inventions. Ms. Miller also has prepared patent-related opinions, such as freedom-to-operate and invalidity opinions including those related to Abbreviated New Drug Applications (ANDA). Additionally, Ms. Miller has experience advising on patenting strategy and litigation avoidance/design-arounds, as well as supervising foreign patent prosecution.

In addition, Ms. Miller is experienced in prosecuting and defending patent infringement actions relating to a variety of technologies, having litigated cases in various federal courts throughout the country.

■ Member, Cleveland Intellectual Property Law Association ■ Member, American Bar Association ■ Member, The Cleveland Professional 20/30 Club ■ Member, The Cleveland Leadership Center, Civic Leadership Institute Member

■ Recipient, The Cleveland Professional 20/30 Club, Named One of Northeast Ohio's Top 25 Under 35

■ The Ohio State University, 2002, J.D., with honors■ CALI Award of Excellence in Trial Advocacy■ Symposium Editor, Ohio State Journal of Law ■ Competition Team, American Trial Lawyers Association

■ Capital University, 1999, B.A., Chemistry

■ Admitted, Ohio ■ Admitted, Illinois ■ Admitted, U.S. Patent and Trademark Office ■ Admitted, U.S. District Court, Northern District of Illinois ■ Admitted, U.S. District Court, Eastern District of Michigan ■ Admitted, U.S. District Court, Northern District of Ohio ■ Member, American Bar Association, Committee on Patent Legislation

[email protected]

T: 216.363.4457 F: 216.363.4588

Assistant ContactNancy [email protected]


PRACTICE GROUPS AND FOCUS AREASIntellectual Property Patents Transactions Chemical Industry Medical Devices


OTHER DISTINCTIONS

EDUCATION




■ Fitness Quest, Inc. v. Jonathan Monti, 5:06-CV-02691 (N.D. Ohio) Lead counsel for plaintiff in declaratory judgment action involving fitness equipment. Case pending after favorable summary judgment order (2008 WL 2387992), appeal and limited remand order (2009 WL 1290341).

■ Responsive Innovations, LLC v. Hotlzbrinck Publishers, LLC, et al., 4:08-CV-01184 (N.D. Ohio) Lead counsel representing plaintiff in patent infringement dispute involving radio frequency audience response systems.

NEWS



Federal Circuit Issues En Banc Decision In Ariad v. Eli Lilly

Bryan Schwartz

Partner

Mr. Schwartz advises clients on the protection of their patents, copyrights, trademarks, know-how, trade secrets, and other intellectual property rights while conducting business nationally and internationally. Mr. Schwartz represents parties in federal litigation and appeals in geographically diverse forums, including the U.S. International Trade Commission, and in diverse arts, including mechanical, electrical, and chemical.

■ Board of Directors of the Association of Marshall Scholars ■ Executive Committee, International Trade Commission Trial Lawyers Association

■ Stanford Law School, 1988, J.D.

■ Brown University, 1983, B.A.■ magna cum laude■ Marshall Scholar■ Phi Beta Kappa

■ Oxford University, 1986, M.A.

■ Admitted, Ohio, California, and District of Columbia ■ Admitted, U.S. Supreme Court; U.S. Court of Appeals for D.C., Federal, Fourth, Ninth, and Tenth Circuits; and U.S.

District Court (N.D. California, D.C., Maryland, E.D. Michigan, N.D. Ohio; S.D. Ohio); U.S. Court of Federal Claims; U.S. Court of International Trade

■ Member, American Bar Association ■ Member, Cleveland Metropolitan Bar Association ■ Member, Cleveland Intellectual Property Law Association

[email protected]

T: 216.363.4420 F: 216.363.4588

Assistant ContactNancy [email protected]


PRACTICE GROUPS AND FOCUS AREASChina Group Intellectual Property Patents Trademarks International Trade and

Supply Chain Management Section 337


EDUCATION




■ LSP Technologies, Inc. v. Continuum Electro-Optics, Inc., Nos. 2:08-CV-00038, 00039; U.S. District Court, Southern District of OhioLead counsel representing plaintiff in patent infringement actions involving laser peening systems.

■ Responsive Innovations, LLC v. Holtzbrinck Publishers, LLC et al., No. 4:08-CV-01184; U.S. District Court, Northern District of OhioLead counsel representing plaintiff in patent infringement dispute involving radio frequency audience response systems. Case pending after Markman hearing and favorable claim construction order.

■ Certain Pool Cues With Self-Aligning Joint Assemblies, Inv. No. 337-TA-536; U.S. International Trade CommissionRepresented respondent Taiwanese manufacturer and seven U.S. importers in patent infringement suit involving consumer and professional pool cues. Investigation terminated based on finding of no violation after Administrative Law Judge granted summary judgment of non-infringement.

■ Connective Tissue Imagineering, LLC v. Thomas F. Mitts, M.D., et al.; U.S. District Court, Northern District of CaliforniaRetained as lead counsel by plaintiff in patent and trade dress infringement suit involving cosmetic and therapeutic compositions for enhancing tissue elasticity. Negotiated favorable settlement on client's behalf after Markman hearing.

■ Precor Incorporated v. Fitness Quest, Inc.; U.S. District Court, Western District of WashingtonRetained as lead counsel by defendant fitness equipment marketer to defend patent infringement claim. Negotiated favorable settlement on client's behalf after denial of plaintiff's preliminary injunction motion and Markman hearing.

■ Turning Technologies, LLC v. Fleetwood Group, Inc.; U.S. District Court, Northern District of OhioRetained as lead counsel by developers and marketers of audience response systems in seeking declaratory judgment of patent non-infringement against competitor. Negotiated favorable settlement of dispute in which competitor stipulated that none of its patents in the disputed technology were infringed.

■ Tyeis Baker-Baumann et al. v. Harold A. Walker et al.; U.S. District Court, Southern District of Ohio Defended vendor of precision loading systems used in coal mining as lead counsel against breach of contract

and patent infringement allegations involving U.S. and Australian patents. Negotiated favorable settlement prior to close of discovery.

Intellectual PropertyTrademarks

■ Ohio Savings Bank v. Amtrust Mortgage Corporation; U.S. District Court, Northern District of OhioRepresented defendant as co-counsel in trademark infringement action relating to mortgage lending services; negotiated favorable settlement after summary judgment motions, on eve of trial.

■ Trademark opposition proceedings before the Trademark Trial and Appeal Board.

NEWS



False Patent Marking Statute Found Unconstitutional By U.S. District Court for the Northern District of Ohio February 2011

U.S. Court of Appeals for the Federal Circuit Rejects Foreign Patent Infringement Claims Intellectual Property Litigation Committee of the American Bar Association Section of LitigationWinter 2008

Flipsides: Intellectual Property Protection in China and U.S. Border Enforcement Against Infringing Goods Cleveland Intellectual Property Law AssociationMarch 20, 2007

Training Program for China Experienced Executives February 3, 2006

Developments in Section 337 Law and Practice International Trade Commission Trial Lawyers AssociationNovember 8, 2005

Problems With Knock-Off Imports? Try the U.S. International Trade Commission Midwest In-House Counsel October 2004

MD, VA Vary in Approach to Non-Compete Covenants Washington Business JournalFebruary 27, 2004

Where the Patent Trials Are: How the U.S. International Trade Commission Hit the Big Time as a Patent Litigation Forum ABA Section of Intellectual Property Law NewsletterWinter 2002

Documents

Benesch to bauche and lomb recuced