LITIGATION

Richard D. Porotsky, Jr. | Cincinnati, OH
Douglas A. Feichtner | Cincinnati, OH

In October, Dinsmore’s Rick Porotsky and Doug Feichtner teamed with in-house counsel to present on the attorney/client privilege and work product protection across federal and global jurisdictions. Attached below is the presentation, which includes:

• • common mistakes made by in-house counsel causing potential waiver of the privileged status of communications;
• • how to identify your true “client” (or client group) for each internal communication, to reduce the risk of waiver;
• •  how to maximize the application of privilege in communications with professional consultants or with third parties having a common interest; and
• •  whether and how privilege applies to internal investigations.

Download the presentation

Joshua A. Lorentz | Cincinnati, OH
Brian S. Sullivan | Cincinnati, OH
John D. Luken | Cincinnati, OH

By the time a team of Dinsmore attorneys took over the representation of The Ohio Willow Wood Company (OWW) in a patent infringement lawsuit in Florida, the Mt. Sterling-based prosthetics manufacturer had been found to infringe a patent licensed by a direct competitor, had been permanently enjoined from further manufacture of the accused prosthetic “liners” (cushioning devices worn over the residuum of an amputated limb designed to improve the amputee’s comfort and safety), and had been found in contempt of the permanent injunction. The contempt order appointed a receiver to oversee the company’s affairs and, crucially, prohibited OWW from manufacturing or selling any replacement liners, which accounted for the majority of its business, without prior court approval. In addition, OWW had incurred nearly $20 million in damages.

The Dinsmore attorneys’ first priority was getting our client’s main product line back on the market.

“The most important part of this case—for us and our client—was to get the company back in business. They had been blocked from selling their most important line of products, and they did not want to lay off any of their employees,” said John Luken.

Dinsmore filed a successful request in the district court for approval of replacement liners, and OWW was able to resume manufacture and sale of its most important product.

At the same time, Dinsmore filed for an emergency stay of the contempt order in the Federal Circuit. The court of appeals granted the stay request, and then, after full briefing and argument on the merits, reversed and vacated the district court’s judgments and ordered the complaint to be dismissed for lack of jurisdiction, thereby overturning the damages awards against OWW. The appellate team, led by Mr. Luken, then successfully opposed a petition for panel rehearing and rehearing en banc. The case has been appealed to the Supreme Court of the United States.

“It was a vindication of our position and an important win for the client,” said Joshua Lorentz, Chair of the Intellectual Property Department. “We appreciate this is a family-owned company with a long history helping amputees. It was important to them to make sure they didn’t lose their business, so it was just as important to us.”

OWW is a family-owned business run by the third and fourth generations. The company was founded in 1907 by a bilateral amputee, who began hand carving willow wood for prosthetic use.

Dinsmore has a history of cultivating attorneys whose hard work and dedication lead them to great accomplishments both personally and professionally. From the early days when Potter Stewart, who started his career at Dinsmore as an associate, was named a United States Supreme Court Justice to the more recent selection of a Dinsmore attorney to U.S. Magistrate Judge, Dinsmore will continue to implement mentoring and leadership programs to develop the leaders of tomorrow. Here are a few of our success stories from 2015.

Colin Lindsay Selected as United States Magistrate Judge in Western District of Kentucky

Colin H. Lindsay (Louisville, KY) was selected as the United States Magistrate Judge for the Western District of Kentucky. Lindsay assumed office January 1, 2015 upon the retirement of U.S. Magistrate Judge James D. Moyer.

Lindsay was a partner in Dinsmore’s litigation department, practicing primarily in commercial, intellectual property and product liability litigation and serving as a member of the firm's diversity committee. He has substantial trial experience and has twice served as an adjunct instructor at the Louis D. Brandeis School of Law at the University of Louisville where he taught advanced trial practice.

Lindsay was the 2009 President of the Louisville Bar Association and was appointed as a member of the Center for Racial and Ethnic Diversity by the president of the American Bar Association. He has also been honored for his efforts to fight human trafficking. Lindsay received the 2013 Liberation Award, bestowed by Kentucky Rescue and Restore for dedicated efforts to raise awareness and assist victims of human trafficking.

Lindsay joins Dinsmore’s Karen K. Caldwell, who is the Chief United States District Judge for the United States District Court for the Eastern District of Kentucky, and Michael J. Newman, Magistrate Judge for Unites States District Court for the Southern District of Ohio.

Angela Edwards Elected President of Louisville Bar Association

Angela L. Edwards was elected president of the Louisville Bar Association (LAB). Edwards began her one-year term in January.

Edwards has held various roles supporting the Louisville Bar Association. She serves on the LBA’s Summer Internship and Diversity Committees and has been the secretary, vice president/treasurer and president-elect before becoming president.

Eric Combs Becomes 124th President of the Cincinnati Bar Association

At the Cincinnati Bar Association’s (CBA) May 8 Annual Meeting, Eric K. Combs was sworn in as the CBA’s 124th president.

He served two terms on the CBA Board of Trustees, served as vice president and most recently served as president-elect. Over the years, Combs has been involved in many capacities at the CBA, chairing the CBA’s high school mock trial program as well as the Young Lawyers Section. He has also served on the Admissions Committee, the Professionalism Committee and the Member Services & Development Committee.

Many of America’s most talented litigators have chosen to join our department as we continue to help clients Accomplish more.