IP Attorney Jeff Michelman on the Public Employee’s Expectation of Privacy

In “The Supreme Court Speaks on Public Employee Electronic Privacy (But What Did the Court Say?)” in the St. Louis Bar Journal, intellectual property attorney Jeff Michelman gives employers and employess a lot to think about regarding privacy and technology in the workplace.

Co-authored by Stefan Knudsen, counsel with MFA, Inc., in Columbia, MO, this article takes a hard look at the 2010 U.S. Supreme Court decision in Ontario v. Quon, which involves public employees’ rights of privacy while using employer-owned technology. In this case, a police sergeant was disciplined for using his work pager for personal texts on the job, casuing him to go over his allowed usage.

In the discovery, it was determined his actual usage for work was minimal, and his personal texts contained inappropriate messages. His employer did not review all of his messages – but chose a representative two-month period for review. The sergeant sued claiming his 4th Amendment rights were violated. The U.S. Supreme Court ruled that the sergeant’s rights were not violated.

How do Michelman and Knudsen believe the ruling will affect employees’ right to privacy?

“It is crucial for employers to proactively notify employees—in writing—that they are to have no expectation of privacy on work-issued technology. Furthermore they need to enforce use policies of work-issued technologies.”

The article gives insight into what the decision may means, and what it does not mean, for employees and employers in respect to privacy on employer-owned electronic devices.

“Where a the employer needs to monitor, audit, search, or seize information from work-issued technology the employer must have a business-related purpose to do so, and the search must be limited to only that purpose. By the same token employees should attempt to keep personal information and data off of employer-owned technology resources.”

To read the full article, log into the St. Louis Bar Journal.

Michelman Gives Advice for Woman Business Enterprise (WBE)

Women business owners face challenges seeking national Woman Business Enterprise designation, maintaining state WBE designation, and learning how to obtain the designation with other government entities. Attorney Jeff Michelman offered this advice to Julie Steis, president of Mercury Communications and Cosntruction Inc.:

“She should make sure that the startup capital was borrowed on her own signature, and make sure it’s clear she is actually in control of the business – not acting as a figurehead.”

Read more … St. Louis Business Journal

Schmitt Gives Chamber’s Perspective on Positive Changes in Clayton Business District

Attorney Jeff Schmitt commented on the goals of the Clayton Chamber of Commerce to increase business in Clayton’s central business district.

“In moving Parties in the Park to Meramec Avenue this year, one focus and goal was to further increase and promote business to dining and retail establishments in the central business district by bringing the people to the streets,” said Jeff Schmitt, president of the Clayton Chamber of Commerce and principal at Danna McKitrick. “Based upon the first two parties this spring, it’s been a success.”

A graduate of the Chamber’s Leadership Clayton’s 2011 class, Schmitt also shared positive results of the class survey of young professionals’ opinions of  Clayton.

Read more … St. Louis Business Journal

Dan Tobben Takes Case of Disabled Firefighter over Disability Pay

A disabled Joplin firefighter has filed a lawsuit against Joplin and its Police and Firemen’s Pension Fund over what he contends is miscalculation of his disability pay over a duty-related disability. Rather than receiving one-half of his prior working wages, he is receiving only slightly more than a third of the wages he made when he was working.

According to his attorney, Dan Tobben, two issues are in play.

First, the city is not granting the full amount of service for the firefighter (15 years and 11 months) but is rounding it down to 15 years.

Second to the case, and more important, involves a change to the plan in 1993. Tobben asserts that the pension board did not disclose to the firefighters prior to a vote to amend their pension changes years regarding a reduction in benefit pay to those with less than 20 years of service. This change decreased the benefit pay from one-half of their working pay at the time of disability to one-third of their pay.

When Tobben appeared before the pension board in May, he stated that there is nothing that documents that firefighters were informed of the change to their disability pay and if they had been informed, the firefighters never would have voted for the amended plan.

Read more… Joplin Globe

David P. Renovitch Joins Danna McKitrick, P.C.

GROWING FIRM EXPANDS INSURANCE DEFENSE, TITLE LITIGATION AND REAL ESTATE/CONSTRUCTION LITIGATION PRACTICES WITH ADDITION OF EXPERIENCED ATTORNEY

St. Louis, MO – June 21, 2011 – The law firm of Danna McKitrick has announced that attorney David P. Renovitch has joined the firm. Renovitch brings his extensive litigation experience to the firm, especially in the areas of title litigation, recoupment and mechanic’s lien litigation, in Missouri, Illinois and Wisconsin.

“I saw joining Danna McKitrick as an opportunity to not only continue my title insurance defense practice but also return to general insurance defense, which I practiced for the first half of my legal career,” stated Renovitch. “My goal is to integrate electronic discovery and systems into our litigation practices.” 

Renovitch assists in all phases of civil litigation, including analysis and strategy, drafting pleadings, conducting discovery, filing and arguing dispositive motions, mediation and trial.

Experienced in preparing appellate briefs at the state and federal appellate court level, Renovitch has first-chair trial experience and has argued in front of the Missouri Court of Appeals.

Renovitch’s litigation practice includes matters related to: defense of insurance companies and their insureds; titles; banking and lending; construction; and real estate.

“We are pleased and excited to bring David into our firm,” said Michael J. McKitrick, principal with Danna McKitrick. “His experience in the title and real estate litigation areas will add depth and additional practical knowledge to these growing practices in our firm.”

Renovitch earned his J.D. from University of Wisconsin—Madison Law School (2001). He received his B.A. in Philosophy from Trinity International University (1994). He is a member of the Missouri Bar, the Illinois Bar, the Wisconsin Bar, and the Bar Association of Metropolitan St. Louis.

A frequent author and speaker on title and other real estate and construction related matters, Renovitch authored “Mechanic’s Lien Law:  Section 429.016 Establishes New Notice Requirements” in the May-June issue of the Journal of the Missouri Bar. He was also a recent speaker at two NBI-sponsored CLEs: “Advanced Title Issues,” February 2011 and “Illinois Foreclosures,” June 2011.

Read more … St. Louis Business Journal

Joe Soraghan Named One of the St. Louisans to Know

One of Danna McKitrick’s own, Joe Soraghan, has been named in St. Louis Small Business Monthly’s “100 St. Louisans to Know to Succeed in Business – 2011″.

Soraghan’s motivation to help small businesses first stems from the fact that small businesses constitute the bulk of business in this country and are likely the developers of new ideas, processes and products to improve people’s lives.

Read more… St. Louis Small Business Monthly

Danna McKitrick Named as One of the Best Law Firms

Danna McKitrick, P.C. is honored to be named as a top law firm in the June 2011 issue of St. Louis Small Business Monthly: The Best in Business awards.

Read more… St. Louis Small Business Monthly

Jeffrey L. Michelman joins Danna McKitrick as New Principal

INTELLECTUAL PROPERTY, INFORMATION TECHNOLOGY, AND ENTERTAINMENT LAW ATTORNEY EXPANDS SERVICE OFFERINGS OF GROWING FIRM

St. Louis, MO – June 1, 2011 – The law firm of Danna McKitrick, P.C., announced today that intellectual property, information technology and entertainment law attorney Jeffrey L. Michelman has joined the firm as its newest principal.

Michelman is involved in intellectual property management and litigation in the U.S. and abroad. He assists his clients with the development, acquisition, use and licensing of products and services under intellectual property law, particularly trademarks, copyrights, and proprietary computer software. Michelman also advises clients on legal issues regarding E-commerce and social networking activities as well as protection of trade secrets and “know-how”.

“There is definitely a different perceived professional ethic in the Midwest,” he says. “We’re perceived as more client-oriented and cost-effective. With technology I can easily stay in contact with my clients nationwide and in foreign countries and provide the same services and quality as the firms on the East or West Coast. What’s more, I can do it at a fee rate that is more palatable than on either coast,” Michelman said.

Michelman’s substantial client work in entertainment law will take Danna McKitrick into a new practice area. Michelman reviews his clients’ print and broadcast material for compliance with copyrights and trade regulations. He also manages his clients’ contracts for publicity and performance work, public appearances, endorsements, licensing, recording contracts, movie and TV options and development deals, and book publication.

His experience in the entertainment field includes: endorsements contracts with A-list actors; recording contracts with Grammy Award-winning artists; reality TV productions; and contracts with Academy Award-nominated producers and American Idol contestants.

Michelman has participated in successful litigation before the Supreme Court of the United States regarding trademark matters and represented KangaROOS U.S.A. against numerous corporations around the world for patent infringement. He has also represented an entertainment conglomerate in trademark and copyright infringement suits against clothing manufacturers that were settled favorably. Michelman recently successfully represented distributors for the South Butt parody clothing line.

“Jeff’s unique legal experience brings additional depth to the firm’s Intellectual Property Practice,” said Ruth Binger, Principal with Danna McKitrick. “Intellectual property issues continue to become more prominent as our lives center around technology. We anticipate Jeff’s extensive experience in this area of law will put the firm ahead of the curve in intellectual property now and into the future.”

Michelman earned his J.D. with Honors from Villanova University, an M.E. from Washington University in St. Louis, and his B.A. from Pennsylvania State University. He has served as an adjunct professor at both St. Louis University School of Law and Washington University School of Law in St. Louis. The founder and co-chair of the E-Commerce and Computer Law Committee of the Bar Association of Metropolitan St. Louis, Michelman is a frequent speaker and noted author on intellectual property and entertainment law subjects and issues. He holds the honor of being a decorated Captain in the United States Army.

In addition to these professional accomplishments, Michelman has participated in numerous community activities: President, Inventors Association of St. Louis; Vice President, Art St. Louis; Board Member, Edison Theater, Washington University; Chair, Small Business Committee, St. Louis Counts; Graduate, Leadership St. Louis.

Read more … St. Louis Business Journal

DeWoskin Comments on Chemical Building Situation

Bankruptcy attorney Tom DeWoskin remains hopeful Chemical Building Acquisition LLC can yet obtain crucial financing for renovating historical downtown St. Louis building.  The lender, Centrue Bank, has commenced foreclosure against the building, which is valued at $4-4.2 million against a debt of $7.8 million. Without financing, planned renovations cannot be made. About the situation, DeWoskin said: “It’s still a very difficult economy to find financing.”

Read more… St. Louis Post-Dispatch

Technology and Divorce

Our own Sophy Qureshi Raza is quoted in a Ladue News article: Computer Privacy in Divorce.

This is a very hot topic due to the increasing role of technology in discovering a spouse’s infidelity. And many people contemplating divorce or those in the midst of it wonder about the admissibility of discovered texts, emails, and social media posts in their divorce case.