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• Jim Eisenbrandt received the Charles M. Shaw Award from the Missouri Association of Criminal Defense Lawyers at their April 2008 annual meeting.  The award is given for excellence in trial advocacy in defense of criminal cases.

• Tony Durone and Christina Birgensmith successfully defended two local broker-dealers against multiple state and federal allegations in a FINRA arbitration matter.  Following oral argument on the clients’ motion to dismiss, a three-person panel granted the motion.  This favorable result was issued notwithstanding FINRA’s recent rule change designed to limit the number of dispositive motions filed. 

• In March 2008, Jim Eisenbrandt was inducted a Fellow in the International Academy of Trial Lawyers.  The Academy’s purposes include cultivating the science of jurisprudence, promoting reforms in the law, facilitating the Administration of Justice, and elevating the standards of integrity, honor and courtesy in the legal profession.  Trial attorneys are admitted to fellowship in the Academy only if they possess, to an exceptional degree, the following qualifications: (1) superior skill and recognized ability in trial and appellate practice; (2) services rendered in promoting the best interests of the legal profession and the highest standards and techniques of advocacy; and (3) excellent character and absolute integrity.

• Lawrence “Barney” Berkowitz was recently named to the 2008 Best of the U.S. listing of the best lawyers and other professionals who, through their continuing education and achievement in their field, have distinguished themselves as one of the best.  Mr. Berkowitz was also selected for inclusion in the 2008 Who’s Who in America, which recognizes him as one of the leading achievers in the country.

• Berkowitz Oliver has been recognized as a “highly recommended” litigation firm in Missouri in the 2008 debut edition of Benchmark: Litigation—America’s Leading Litigation Firms and Attorneys, published by Institutional Investor and Legal Media Group Euromoney.  Benchmark specifically praises attorneys Lawrence “Barney” Berkowitz, David Oliver and Anthony “Tony” Durone for their experience and talents.  In addition, the publication selected three attorneys as “local litigation stars” in Missouri including Lawrence Berkowitz, James Eisenbrandt and David Oliver.

• Lawrence “Barney” Berkowitz, Jim Eisenbrandt, Jeff Morris, David Oliver, Tom Schult, and John Shaw were recently named 2007 Best Lawyers in America.

• In August 2007, John Shaw was selected by the University of Missouri Interim President, Dr. Gordon H. Lamb, as a member of “The Missouri 100,” an advisory group of leading citizens dedicated to assisting the President in uniting support for the University of Missouri’s statewide missions.  The Missouri 100 will work with the President as advocates for public higher education and will assist him in carrying statewide a unified message about the unique role of the University of Missouri.

• The firm represented American Family Mutual Insurance Co. in a breach of contract class action tried to a Jackson County Missouri Circuit Court jury between February and March 2007.  The case challenged American Family’s practices regarding use of aftermarket collision repair parts in settling first party auto damage claims for repairs specified on estimates used as the basis for settling such claims.  After a six-week trial, the jury rendered a verdict in favor of the plaintiff class in the amount of approximately $17 million.  However, on June 29, 2007, the trial court set aside the verdict and granted judgment for American Family as a matter of law.  Click here for a copy of the JNOV order.  The case is now on appeal to the Missouri Court of Appeals, Western District.  Partners David Oliver, Nicholas DiVita, Tim Millman and Nick Kurt represented American Family.

• The firm’s latest victory for its long-standing client, Ford Motor Company, occurred on June 19, 2007, when the Eighth Circuit Court of Appeals affirmed summary judgment in Ford’s favor in the antitrust action Craftsmen Limousine v. Ford Motor Company, et al.  This victory marked the firm’s second win in the Eighth Circuit on this case.  In 2004, attorneys Kurt Williams, Kirk Peterson & Jocelyn Villanueva challenged a $6 million jury verdict for Craftsmen, resulting in the Eighth Circuit reversing the judgment because the trial court erroneously applied a per se standard to the alleged trade restraint.  Upon remand, Craftsmen relied upon a multiple regression model from a new expert to establish an unreasonable restraint of trade under the rule of reason.  However, Chief Judge Dean Whipple found that Craftsmen’s expert testimony was not admissible under Rule 702 after a Daubert challenge, and the District Court granted summary judgment based upon Craftsmen’s failure to establish either a relevant market or anti-competitive effects of the alleged restraint.  On its second trip to the Court of Appeals, the Eighth Circuit affirmed judgment for Ford on all grounds.

• In April 2007, Jeff Morris was named as one of Ingram’s “40 Under Forty.”  This award honors young leaders in the Kansas City area who balance workplace accomplishments with genuine community service.  Mr. Morris has distinguished himself as a partner since 2001 at Berkowitz Oliver, practicing criminal law and defending claims such as securities fraud, Internet fraud and environmental crime.  He balances his work career with his support of Impact KC and Children’s Connection.

• Chambers USA 2007 Honors Firm:  Berkowitz Oliver was again ranked as a leading commercial litigation firm in Missouri by Chambers USA in 2007.  Chambers also awarded individual rankings to Barney Berkowitz, Jim Eisenbrandt, Jeff Morris and David Oliver.

• Lawrence Berkowitz, Nick DiVita, Jim Eisenbrandt, David Oliver, Tom Schult, and John Shaw have been selected by their peers as 2006 Super Lawyers for Missouri and Kansas, an honor limited to the top 5% of the lawyers in each state.  Mr. Berkowitz, Mr. Eisenbrandt, and Jeff Morris were also named to the 2007 Best of the Bar.   

• Berkowitz Oliver was recently designated as one of eleven firms nationally to serve as a Strategic Law Partner for Morgan Stanley in arbitration matters.

• John Shaw and Johanna Telke recently obtained a victory for a national broker dealer and two of its executive officers in an action brought by a former branch manager alleging wrongful termination, defamation, and tortious interference in a week-long arbitration before a panel of NASD arbitrators.

• Berkowitz Oliver’s Securities Arbitration, Litigation & Regulation Group has successfully represented clients in arbitrations and mediations throughout the country, most recently in Minnesota, Wisconsin, Nebraska and New York, as well as Kansas and Missouri.

• Berkowitz Oliver successfully represented H&R Block in high-profile federal litigation brought against Intuit Inc. regarding Intuit's nationallybroadcast TurboTax television and radio advertising campaign.  Early in the case the Berkowitz Oliver team, led by Tony Durone, won injunctive relief against Intuit's advertising, which required Intuit to pull its ads from distribution.  After substantial discovery, including motion practice regarding electronic and other discovery issues, the litigation settled on terms satisfactory to the client.

• Tom Schult and Sharon Stallbaumer have recently authored the Missouri chapter of Business Torts:  A Fifty-State Guide, a 2008 publication by Aspen Publishers.  This guide provides a summary of business tort laws and is designed as a quick reference for corporate in-house counsel and attorneys handling business litigation in multiple states.  Mr. Schult and Ms. Stallbaumer have also authored the Kansas chapter of the 2007 Edition of the Product Liability Desk Reference, published by Aspen Publishers.  This publication is regarded as one of the leading product liability treatises.

• The Business Journal, which serves metropolitan Kansas City, featured Berkowitz Oliver in its June 24-30, 2005 issue.  The article discussed the firm’s ability to lure nationwide clients with their talented team of lawyers and their exclusive focus on litigation. 
  Click here for complete article.

• Since the firm was founded in 1997, Ford Motor Company has continued to retain the Berkowitz Oliver law firm to handle litigation of employment, dealership, franchise and commercial suits in more than 22 states.  Berkowitz Oliver acts as one of only three Regional Counsel in the United States for Ford.  Berkowitz Oliver also provides legal services in matters that arise across the country for a number of other motor vehicle dealerships, including BMW, Kawasaki, Honda and American Suzuki.