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Pro Se — Issue 7

AZA Pro Se! - Issue 7

IN THIS NEWSLETTER

Table of Contents

AZA’s Current Hot Cases:  International, National and Texas Litigation

globe image

AZA is a true trial boutique. We average one trial a month and have already had 14 this year. We may yet have another one or two before the year ends. It’s not unusual for the firm to have a case overseas and certainly normal for trials to be held in other states.

Below are
notes on a few interesting ongoing cases. The issues in dispute couldn’t be more diverse. There’s a lawsuit ove
r the sale of ice cream in the West Bank, litigation involving underpaid emergency room doctors across the U.S., and disputes involving Texas energy companies and a brewery over who pays the costs of a devastating winter storm in 2021.

Ben & Jerry’s brand integrity and social mission litigation

AZA represents the Vermont-based ice cream maker Ben & Jerry’s Homemade Inc. Our client is in a dispute against its parent company, Conopco/Unilever, about the fundamental corporate governance of the global, billion-dollar ice cream brand. After over a year of negotiations, Ben & Jerry’s merged with Unilever in 2000. That merger
agreement created an independent board of directors that has primary responsibility for Ben & Jerry’s brand integrity and social mission.

The dispute, which has garnered a great deal of international media attention, centers on the independent board’s explicit and unique authority under the merger agreement. Specifically, the board objects to Unilever’s attempts to transfer Ben & Jerry’s intellectual property rights, enabling the sale of their ice cream in their name in the West Bank. Harvard Law professor Jesse Fried said of our client’s one-of-a-kind rights under the merger agreement: “It’s not just that I haven’t seen it, it’s that I don’t think it exists anywhere in the world except Ben & Jerry’s.”

Following mediation, an injunction hearing, and settlement discussions this summer, Ben & Jerry’s filed an amended complaint to broaden its claims under a corresponding licensing agreement. The case is Ben & Jerry’s Homemade Holdings Inc., vs. Conopco, Inc., in the U.S. District Court for the Southern District of New York.

Read more

AZA’s Appellate Group Celebrates Wins

courtroom image

When AZA hired former District Judge Daryl Moore, they knew he was a stellar appellate lawyer. They did not know he could argue two appeals in one day and win both handily.

Judge Moore argued two back-to-back governmental immunity cases for the City of San Antonio before the Texas Supreme Court. In early 2022, the court ruled in favor of San Antonio, reversing the intermediate appellate court, and dismissing both cases that dealt with police officers and their police vehicles under the Texas Tort Claims Act. The cases are City of San Antonio v. Armando D. Rioja and the City of San Antonio v. Jimmy Maspero.

“Back-to-back Supreme Court arguments may not be the easiest place to dust the rust off from four years on the bench, so it’s especially gratifying to see our client prevail,” he said.

The AZA appellate practice group has gotten so busy that in late October lawyers Jane Langdell Robinson and Kelsi Stayart White argued cases to the Texas 14th Court of Appeals on two consecutive days. One was an insurance case, the other
a personal jurisdiction case.

Read more

Joe Ahmad’s Been Blogging About C-Suite Issues for More Than A Decade

Joe Ahmad

Eleven years ago, after AZA co-founder Joe Ahmad turned his practice to representing executives, he noticed that even these high-paid folks had a lot of misconceptions about the law. He decided to do something about it.

He started his blog Legal Issues in the Executive Suite. He shares his knowledge about issues like clawback provisions, compensation, fiduciary duties, non-competes, severance packages, trade secrets and whistleblowers.
He frequently gives his opinions of proper executive behavior riffing off current events like the recent remarkable error of a southwest Florida CEO who, with Hurricane Ian approaching, told employees to ignore evacuation orders and go to work (See CEO Leadership in the Eye of the Storm).

“I saw my executive clients making the same mistakes over and over and having the same wrong ideas about the law whether they came from rumor mills or what they gathered from the media,” Joe said. “I saw a need and an opportunity to educate.”

Read more

AZA Partner Monica Uddin Harnesses Storytelling to Charm Jurors

AZA partner Monica Uddin, daughter of Bangladeshi immigrants, has harnessed both her storytelling skills and her empathy, enabling her to see complex legal entanglements through the lens of the people involved and translating that to something that can enthrall jurors. By seeing the human element in each case, Monica sets the tone, frames the story, and persuades juries and judges to see it her way by showing them the world through the eyes of her clients.

Monica Uddin

“There is always a person, a human being who is accused,” Monica said. Her clients, even corporations, appreciate her ability to get juries to see their side of the argument. Just ask LyondellBasell, Plains, and Chevron. Or ask her smaller clients, like the heir of a fisherman whose valuable fishing rights were stolen by a predatory seafood company. Or the students of Magnolia ISD, where Monica and other colleagues helped the ACLU win protection against a gender-based hair-length policy.

Monica grew up in San Antonio where few of her acquaintances had
heard of Bangladesh. She started honing her legal skills while negotiating as a teenager with her strict parents. She knew she wanted to be a lawyer by the time she attended Stanford University. After Stanford, she attended the University of Chicago Law School, while also serving those in need at the Chicago Legal Assistance Foundation (now Legal Aid Chicago) and the Mississippi Center for Justice.

Read more

Six terrific additions to the AZA team

We are proud of our new crop of lawyers. The team includes a lot of expertise in IP and trial work, of course. Some are experienced like Lila B. Glaser, a former in-house counsel who taught at Yale. Some are newer lawyers from law schools like Harvard and the University of Texas, and quite a few of those are law review types. We welcome them all to our trial-ready and diverse team.

Thomas Cooke

Thomas Cooke is a trial lawyer and University of Texas School of Law honors graduate who was an editor at the Texas Law Review and the Texas Review of Law and Politics. Read more here.

Chun Deng focuses on intellectual property litigation and commercial litigation. He was managing editor at the Arizona Law Review at the University of Arizona Law School, where he graduated summa cum laude. Read more here.

Chun Deng

Lila B. Glaser

Lila B. Glaser focuses on patent litigation and has been an expert/consulting economist, and a university professor for more than 20 years. She is a former assistant attorney general in Texas and an in-house counsel. Read more here.

Michael Gorrell is a Harvard Law School graduate who focuses on trial work and has been active in veterans’ legal issues. He served on active duty in the U.S. Air Force as an acquisitions officer directing weapons systems development and test programs. Read more here.

Michael Gorrell

Ab Henry

Ab Henry is a trial lawyer and graduate of Harvard Law School. He has experience working as a legal advisor for the Houston Dynamo soccer club and for the UCFB Wembley at Wembley Stadium in London. Read more here.

Sujeeth Rajavolu focuses on intellectual property litigation and commercial litigation. He represents both patent holders and challengers. His practice includes inter partes review, commercial litigation, and trademark disputes. Read more
here.

Sujeeth Rajavolu

Another award-packed year for AZA

Not only was AZA once again named a #1 litigation boutique by Texas Lawyer, but the firm and its lawyers won several elite national awards.

  • John Zavitsanos was one of only 10 lawyers nationwide named by Law360 as a “Titan of the Plaintiffs Bar.”
  • Jason McManis was named by Law360 as one of only five nationwide Rising Stars in the Trials category for 2022.
  • The American Lawyer and the National Law Journal both named John Zavitsanos a “Trailblazer” for his healthcare jury wins for ER doctors.
  • The National Law Journal named AZA a
    “highly commended” finalist among their National Elite Trial Law Firms for 2022.
  • AZA’s trial victories for underpaid emergency doctor groups earned recognition among the Top Verdicts for 2021 by the National Law Journal and Texas Lawyer.

Here are some of the other awards the firm garnered this year:

Why You Need an AZA IP Trial Lawyer

Video - Why You Need an AZA IP Trial Lawyer

When you need to defend or attack a patent, you need someone who is more than just a smart engineer-type with a law degree. You need experienced, courtroom-savvy lawyers like AZA’s IP team.

What in the Word?

You may already be addicted to an online word guessing game. Here you guess legal words with 4, 5 and 6 letters. Nothing too hard like the word “gypsy” in this lot. Play on!

What in the Word?

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