John J. Temporiti, who previously served as Chief of Governmental Affairs and Executive Vice President for Development for St. Louis County, has rejoined the firm as attorney of counsel. Mr. Temporiti’s executive service for St. Louis County included overseeing all governmental departments and agencies, and he managed all legislative initiatives in County, State of Missouri and Federal Government liaisons. John’s service for St. Louis County also included overseeing economic development projects valued at more than $10 billion, including as Chairman of the Airport Area Redevelopment Intergovernmental  Commission. John also managed the successful 2006 election campaign for St. Louis County Executive Charlie A. Dooley, and, on February 13, John was elected chairman of the Missouri Democratic Party. From 1985 to 1996, Mr. Temporiti was a partner at GJN.

                                                
GJN attorneys Jennifer R. Byrne, Angela N. Loehr and Francis X. “Butch” Miller have been elected partners of the firm. Jennifer, who earned a J.D. degree, Magna Cum Laude, from Saint Louis University School of Law and who also is a CPA, serves clients in general corporate matters, mergers and acquisitions, corporate governance, securities and related matters. She works on a wide range of transactions including stock and asset sales and purchases, mergers, joint ventures and strategic alliances. Angela, who earned a J.D. degree, Cum Laude, from Washburn University School of Law, represents manufacturers in product liability actions, medical professionals in malpractice actions, builders in construction dispute matters and businesses in commercial disputes. Butch, who earned a J.D. degree, Cum Laude, from Saint Louis University School of Law, serves clients in areas of Real Estate Law and Corporate Law. His practice includes advising developers, purchasers and sellers in the acquisition, development, construction and financing of medical, office, retail and residential properties.

To serve growing client needs in Intellectual Property Law, GJN’s office in Washington, D.C. is expanding with the addition of Kathleen G. Dussault, who specializes in intellectual property law with an emphasis in patent litigation and prosecution. Ms. Dussault previously served as an Attorney Advisor at the U.S. Patent and Trademark Office where she represented the United States in bilateral and multilateral trade negotiations concerning intellectual property, technology transfer agreements, dispute settlement procedures and compulsory licensing provisions.  Her litigation background includes representing Fortune 100 companies in complex patent litigations. She joins GJN’s veteran Washington, D.C.-based attorney Cathy J. Futrowsky, who represents clients in all aspects of intellectual property and technology protection law, including identification, procurement, transfer and protection of inventions, brands and original works of authorship. Kathy and Cathy work closely with attorneys John W. Kepler III and Don V. Kelly in GJN’s Intellectual Property Law Department in St. Louis. To contact the firm’s Washington, D.C. office, call 202.682.0015 or email kgdussault@gjn.com or cjfutrowsky@gjn.com.

                                                  
Three new associates are advancing GJN’s client service capabilities in fast-growing practice areas. Robert J. Droney, who has significant experience in public financing redevelopment incentives including Tax Increment Financing (TIF) districts, Community Improvement Districts (CIDs), Neighborhood Improvement Districts (NIDs) and Transportation Development Districts (TDDs), serves clients as a member of the firm's Real Estate & Construction Law and Governmental Law & Relations departments. Rob previously served as an Associate County Counselor in the St. Louis County Counselor's office. Gary R. Long , an experienced attorney whose practice focuses on construction law, business litigation, creditors' rights and appellate practice, serves clients as a member of the firm’s Litigation Department. Gary has handled many cases involving contract disputes, mechanics' lien enforcement, creditors' rights, insurance coverage disputes and general business litigation. Robert B. Preston also has joined the firm's Real Estate & Construction Law Department.  Robb represents clients in real estate acquisitions, sales and exchanges, tax appeals, zoning and land use disputes, and other real estate matters, including financing.

A $300,000 tariff on wood cabinets imported by a retail company in Illinois was reduced to zero after GJN attorneys filed a protest and appeal which prompted U.S. Customs and Border Protection officals to reclassify the furniture as "duty free." Attorney David J. Massa intervened as counsel after the retailer imported the cabinets from a company in the People's Republic of China to sell at its stores across the Midwest.

When the cabinets arrived at Port of St. Louis, Missouri in September 2004, U.S. Customs officers classified them as bedroom furniture subject to antidumping duties. Subsequently, the retailer was ordered to deposit duties of approximately $300,000 to comply with antidumping orders issued by the International Trade Administration of the U.S. Department of Commerce.

On behalf of the retailer, Mr. Massa filed both a protest and request for classification review under the Harmonized Tariff Schedule of the U.S. Annotated Code. These actions postponed the retailer’s requirement to pay the $300,000 tariff. U.S. Customs and Border Protection officials in St. Louis consequently approved Mr. Massa’s Application for Further Review and the matter was forwarded to the U.S. Customs and Border Protection Office of Commercial & Trade Facilitation for consideration. The appeal noted that the wood and glass cabinets did not possess the attributes of “bedroom furniture” as classified by the U.S. Customs office in St. Louis, but, in fact, were cabinets designed for showcasing quilts and heirlooms of the kind valued by collectors and thus should be classified as “household” items.

Upon review, the Director of the Office of Commercial & Trade Facilitation concurred with the appeal and in November 2006 reclassified the cabinets as “household” items not subject to antidumping duties. The $300,000 tariff order was rescinded. By the time the decision was rendered, the retailer had sold the cabinets, which were popular with customers during the 2004 holiday gift-giving season.

Mr. Massa said, “U.S. Customs and Border Protection is a division of the U.S. Department of Homeland Security. It is fastidious in its review and classifications of goods imported into the United States. Even so, in this case the appeal on behalf of the retailer proved to be valid.”

Mr. Massa represents clients in all aspects of corporate compliance and defense, healthcare law, government and commercial contracting, litigation and governmental regulation. For more information, contact David Massa at 314.615.6207.

Nancy J. Dilley, a GJN partner and chairman of the firm’s Estate and Tax Planning Department, was showcased in a St. Louis Business Journal article in December 2006 highlighting her pro bono role as president of the Estate Planning Council of St. Louis. Founded in 1959, the Council is a not-for-profit association of approximately 150 CPAs, trust officers, attorneys and financial consultants who work to improve their knowledge, skills and awareness of crucial professional issues, such as changes in federal and state tax codes. Nancy asserted that continuous learning is an important process for estate planning professionals. She cited the 2001 federal law that substantially reduces estate taxes over nine years as one occasion when estate planning professionals needed to quickly understand changes in the law to better serve clients. "The industry changes a lot," Dilley said. "Estate planning at the federal level is very much linked with the Internal Revenue Code. In addition, estate planning is linked to court cases at the state level." At GJN, Nancy focuses her law practice in the areas of trusts and wills, estates and probate, and family business succession planning.

GJN Partner John W. Traeger recently wrote an article explaining the potential impact of new amendments to the Federal Rules of Civil Procedure triggered by litigation (E-Discovery rules). The amended rules are prompting many businesses to follow new procedures for storage, preservation and production of electronic documents, including e-mail and voice mail. John’s article notes that failure to follow the new E-Discovery rules may result in sanctions or stiff penalties for corporations, entrepreneurial firms and not-for-profit organizations in the face of litigation or pending litigation. The new rules impact virtually every type of business, governmental agencies and not-for-profit entities. John has extensive experience dealing with federal, state and local regulatory authorities, and with electronically stored records management programs. The new rules were approved by the U.S. Supreme Court as amendments to Federal Rules of Civil Procedure in April 2006 after being considered by federal judiciary committees and, also, the Judicial Conference of the United States, which defines policy for the court system. The amendments were submitted by the Supreme Court to Congress, and were enacted December 1, 2006. John’s article also discusses the new rules’ “Safe Harbor” provisions and steps that can be taken to help organizations obtain such protection. For a copy of the article, which was published in several print and Internet-based magazines, please contact John at 314.615.6113 or email jwtraeger@gjn.com.

Don V. Kelly, who serves clients in areas of intellectual property and business litigation, recently hosted a presentation entitled “Identifying and Protecting Trade Secrets” for clients and guests of the firm. Don explained trade secret identification and protection strategies for corporate decision makers, general counsel, business owners and inventors. “From the moment any business begins, it starts developing intellectual property in one form or another,” Don said. “Business owners know that intellectual property is a legitimate business asset. Trade secrets should be included among a business’ intellectual property, but many executives, unfortunately, don‘t have a working understanding of what their company’s trade secrets are and what they can do to protect them. Beyond this practical requirement, recent laws impose affirmative duties upon executives of publicly traded companies to accurately assess company trade secrets. Yet millions of dollars in intellectual property assets are lost each year due to poor oversight.”  Don is licensed to practice before the U.S. Patent and Trademark Office. He serves clients in areas of drafting and prosecuting patent applications; patent, trademark and technology licensing; trademark registrations; and intellectual property infringement analysis, protection and dispute resolution. His litigation experience includes representing clients in trials and appellate matters, including multi-million dollar trade secret, franchise, contract and business disputes. For information, contact Don at 314.615.6021 or email dvkelly@gjn.com.

Thomas J. Campbell, managing partner of Gallop, Johnson & Neuman, has been elected a member of the Board of Directors of the St. Louis Regional Chamber and Growth Association. The RCGA (www.stlrcga.org) represents business and civic enterprises in the 16-county bi-state region and works to support productive public policy and infrastructure initiatives, attract new jobs and stimulate economic growth. Mr. Campbell said, “It is an honor and privilege to serve on the RCGA Board of Directors to help address the St. Louis region’s agenda for business and community advancement. The RCGA and its member organizations play a vitally important role as the region’s leading economic development enterprise.” Tom joins community leaders on the RCGA Board involved with colleges, universities, healthcare institutions and vocational/technical centers, as well as government, corporate and cultural entities, working to improve quality of life and advance the region’s profile. In addition to serving as GJN managing partner, Tom practices in areas of governmental law and relations at local, state and federal levels.  His experience includes gaming law, immigration law, property taxation, municipal taxation, regulatory law, political campaign finance law and legislative relations. Tom recently was interviewed by the St. Louis Business Journal and KMOV-TV Channel 4 regarding the firm’s immigration law practice and client service initiatives.

GJN partners Thomas G. Lewin and Sanford S. Neuman have been selected for the 2007 edition of The Best Lawyers in America, a publication that lists attorneys rated as “the best” by more than 15,000 of their peers in legal practice nationwide. Tom is recognized in the Corporate Law category. His practice focuses on mergers and acquisitions and general corporate and unincorporated business organization matters. Tom has been recognized in The Best Lawyers in America each year since 2001. Sandy, a founding partner of the firm, is recognized in both the Tax Law and Trusts & Estates categories. He represents corporations and owners of corporations in tax-related transactions, including tax-free exchanges of real estate and executive compensation planning, and in tax controversies with state and federal governments, as well as owners of closely held businesses addressing estate planning problems. Sandy has been recognized in The Best Lawyers in America each year since 1995. The Best Lawyers in America is considered the preeminent referral guide to the legal profession in the United States. The 2007 edition is based on more than 1.8 million confidential evaluations of lawyers by other lawyers.

Jalesia F. “Jasha” McQueen, an associate in GJN’s Governmental Law & Relations Department and newly established Entertainment & Sports Law practice, was selected by the St. Louis Business Journal for its exclusive 2007 class of “40 Under 40” professionals honored for achievement and community service. Jasha is among the professionals chosen by Business Journal editors as extraordinary examples of people who excel in their profession and make a positive difference in their communities. Before graduating Cum Laude with a J.D. degree from Southern Illinois University School of Law, Jasha served as a captain in the U.S. Army. In 2006, she was appointed to the Missouri Hispanic Business, Trade and Culture Commission created by Missouri Governor Matt Blunt. She serves as secretary of the Land Clearance for Redevelopment Authority of St. Louis County, a division of the St. Louis County Economic Council, as appointed by County Executive Charlie A. Dooley. Jasha, who is Peruvian-American, is a graduate of “Leadership Clayton,” a program administered by the Clayton Chamber of Commerce to nurture young leaders. She joined GJN in 2003.

LOOKING AHEAD

Intellectual Property – As more businesses and entrepreneurs decide to protect intellectual property assets with trademarks, copyrights, patents and other initiatives, including litigation against alleged infringements, the practice of Intellectual Property Law has become the fastest growing area of the legal profession in the United States.

At Gallop, Johnson & Neuman, the attorneys in our Intellectual Property Law Practice Group serve companies and people who want to protect their intellectual property assets, or who do not fully understand the value, extent or impact of such assets, including matters of trade secrets, licensing and other issues.

Intellectual property asset management issues, including regulatory compliance matters, extend to every economic sector in today’s global economy. They concern the use or application of ideas, original works, inventions, processes, products and services at small and large entities – not just at R&D enterprises such as technology firms and global corporations, but traditional businesses such as those in construction, real estate, manufacturing, retail, entertainment, sports, franchising and many others.

Development and protection of marketable ideas, processes, patents, trade secrets, service marks, copyrights and other intellectual property are essential for maintaining a competitive business edge. Success in business increasingly depends on product innovation, brand recognition and legal or regulatory compliance. This means organizations should guard their intellectual property from theft, infringement and dilution and, also, understand their rights and responsibilities as users of intellectual property assets protected by other enterprises or licenses. For more information, call 314.615.6000.