Jones Walker is gratified to publicize that Michael W. Magner has signed up with the organization’s New Orleans office of criminal law attorneys as special counsel. Mr. Magner practices in the firm’s Business & Commercial Litigation Practice Group. His experience focuses on preventative and litigation services for businesses and individuals in corporate and white collar criminal law matters. He additionally represents individuals and organizations associated with grand jury and other sorts of investigations.

Mr. Magner’s particular competence is in anti-corruption conformity and Litigation matters on both a domestic and international level. He served as a federal prosecutor in New Orleans for 20 years where he was a key member of the team that successfully prosecuted former Louisiana Governor, Edwin Edwards, following a 5 month trial. He was also the lead prosecutor in the Department of Justice’s long term investigation and prosecution of judicial and related public corruption in Jefferson Parish, Louisiana known as “Operation Wrinkled Robe.” In recognition of his work, Mike was awarded the Department of Justice‘s highest award for Litigation, the John Marshall Award, as well as the Director’s Award for Superior Performance by a Litigative Team.

Mr. Magner stated, “Joining Jones Walker and being able to work with the Jones Walker white collar team is an exciting opportunity. Their law firm has a number of former U.S. Attorneys and Assistant U.S. Attorneys, all of whom have a stellar reputation in representing clients in the defense of government investigations and prosecutions.”

Mr. Magner has also served as a director of the U.S. Attorney’s Office‘s Anti-Terrorism/Crisis Response Unit, Organized Crime Strike Force, and Violent Crime Unit, and has tried over 40 jury trials to verdict, in virtually all sections of the United States District Court for the Eastern and Middle Districts of Louisiana. He specialized in long term, complex white collar investigations and trials, including export control, mail and wire fraud, government contract fraud, bribery, money laundering, police misconduct, civil rights violations, and RICO. In 2011, he served as the Federal Bureau of Investigation’s Advisor to the Kenyan Anti-Corruption Commission (“KACC”) in Nairobi, Kenya, where he was embedded in the KACC’s principal headquarters for nearly two months, and provided training to KACC’s investigators, auditors, and attorneys on corruption compliance, investigative, and prosecution matters. He has also trained foreign judges and prosecutors in Central Asia and Africa and has regularly trained federal prosecutors through the Attorney General’s Advocacy Institute.

Right before assisting the KACC, Mr. Magner was with the Department of Justice‘s first Counsel for Emergency Management and Crisis Response in the Office of Director, Executive Office for U.S. Attorneys in Washington, D.C. for 18 months, where he represented the DOJ at various White House level emergency exercises and planning meetings relating to the federal government’s response to major criminal events, natural disasters, and pandemics. While with DOJ, Mike was also selected as a trained evaluator of other U.S. Attorneys’ Offices throughout the country on various substantive legal areas as well as ethics and professionalism.

Mr. Magner received his juris doctor certification from Tulane University School of Law, cum laude; and was Managing Editor of The Maritime Lawyer. His Bachelor of Arts in Political Science/International Relations was earned from The George Washington University.

The law organization of Lee Tran & Liang has won yet one more Ninth Circuit appeal; actually is its fourth specific victory with regard to the Ninth Circuit since 2009. On January twenty six, 2012, the 9th Circuit confirmed a grant regarding summary judgment in which LTL secured for its client, the accused in a copyright laws and trade dress lawsuit. Firm associate Enoch H. Liang – combined with lawyer Daniel Taylor – defended Bedrosian’s (in Orange County) and Hirsch Glass Company (in New Jersey) both before the District Court and the Ninth Circuit. The plaintiff was represented by distinguished intellectual property boutique Christie Parker & Hale.

As reported in LTL’s June 2010 press release, the District Court granted LTL’s motion for summary judgment on Plaintiff’s trade dress claims in mid-2009. Then, in September 2009, less than 4 days before a jury trial was scheduled to begin, the District Court also dismissed Plaintiff’s 17 copyright claims. In July 2010, Plaintiff appealed to the Ninth Circuit, arguing that the District Court erred in both holding that the scope of Plaintiff’s copyrights were “thin,” and finding that “there is no substantial similarity (much less virtual identity) insofar as the protectable items are concerned as between Plaintiff’s copyrighted products and Defendants’ glass tiles.”

After extensive briefing, on January 13, 2012, LTL Partner Enoch Liang argued the case, defending the District Court’s ruling. Less than two weeks following the oral argument, the Ninth Circuit Judges W. Fletcher, Fisher, and Zouhary—issued their unpublished opinion. The Ninth Circuit held that “protection over designs is thin.” The Court further held that the defendants’ designs “are not ‘virtually identical’ to because the streaking effect, color blends, and appearance of randomness in designs are different…”

This determination reaffirms the necessity of a two-pronged tactic in copyright infringement actions. Often, the issue of infringement is determined by the “scope” of the copyright that the court determines as a matter of law. Hence, in litigating copyright matters, plaintiffs should pay particular attention to avoid falling into various limiting doctrines that may limit the scope of their copyrights. Defendants should do the opposite.

Lee Tran & Liang, APLC is a California based law firm focusing exclusively on business litigation. The firm’s partners have practiced at prominent law firms, and are graduates of top law schools including Harvard, Stanford, Columbia, and Michigan. Primary practice areas, as outlined by the firm itself and every attorney directory, include business disputes (breach of contract, aggrieved investors and professionals, and commercial disputes) intellectual property litigation (patents, trademarks, copyrights, and trade secrets), and employment litigation (defense). The thing that sets the organization apart is its intent of aligning itself with its customers’ desires, by delivering quite a few imaginative fee arrangements in suitable concerns.