February, 2008

Corporation Law Revisions

On behalf of the Vermont Bar Association Business Associations law committee, Peter Erly has taken an active role in drafting and presenting to the Vermont legislature amendments to the Vermont Business Corporations Act addressing stock options, shareholder agreements, conflicts of interest and other matters. The changes are intended to generally update certain parts of the Act based on changes made by in the Model Business Corporations Act.

February, 2008

Acquisition of Point Bay Marina

A team of Gravel and Shea lawyers (Peter Erly, Michelle Farkas and Chip Mason) has successfully represented PBM Acquisition LLC in connection with its purchase of substantially all of the assets of Point Bay Marina in Charlotte, Vermont.

February 8, 2008

Andrew Manitsky Speaks to International Delegation on Protection of Intellectual Property Rights

Andrew Manitsky spoke to an international delegation from 20 countries who visited the U.S. as part of the Department of State's International Visitor Leadership Program. After meeting with the Department of Justice's Computer Crime and Intellectual Property Section, university professors, and officials from the Copyright Office and U.S. Patent and Trademark Office, the delegation traveled to Montpelier, Vermont to meet with members of the executive and judicial branch as well as with intellectual property attorneys. Speaking from the perspective of a Vermont trademark attorney and commercial litigator, Mr. Manitsky described the procedures and real-world strategies involved in protecting trademarks, including obtaining preliminary injunctive relief, and provided an overview of the legal standard under the Lanham Act for trademark infringement, unfair competition, and violation of the Anticybersquatting Consumer Protection Act. Mr. Manitsky also provided an analysis of copyright infringement litigation, using case studies from across the country in a multimedia presentation.

February 1, 2008

Gravel and Shea Successfully Obtains a Dismissal of State Lawsuit That Sought to Avoid Arbitration

Bob Hemley, Matt Byrne and Norman Williams, working with a team from Kirkland & Ellis, LLP, successfully defended an action brought by the State of Vermont against RJ Reynolds Tobacco Company, and other signatories to the 1998 tobacco Master Settlement Agreement. The action, brought in the Chittenden County Superior Court, sought to compel payments the State claimed were due. RJR and other tobacco companies contend that they are entitled to a reduction in the amounts due because of market share considerations. They successfully argued that the case was improperly brought in state court, and was subject to arbitration under the parties' agreement. The Superior Court agreed, dismissing the action, and in a decision issued on February 1, 2008, the Vermont Supreme Court affirmed the lower court's decision.