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PHILADELPHIA FIRM HIRES GRAY CARY MARKETER PHILADELPHIA — As part of its effort to make itself more profitable, Ballard Spahr Andrews & Ingersoll has hired its first senior-level marketing professional. Blain Banick, a native of Edmonton, Alberta, comes to the firm from the San Diego office of Gray Cary Ware & Freidenrich — currently in merger talks with Piper Rudnick. He will spearhead the firm’s efforts with business development, marketing and communications. Banick had served as Gray Cary’s marketing director for the past two years and accepted the position at Ballard Spahr before the negotiations with Piper Rudnick began. Before his time at Gray Cary, Banick held senior-level marketing positions at Strasburger & Price in Dallas and McLennan Ross in Edmonton. Philadelphia’s Ballard Spahr began a search for a chief marketing officer early this year as part of Chairman Arthur Makadon’s series of proposed changes to improve the firm’s financial performance. Despite its reputation and political connections in Philadelphia, as well as its ability to attract numerous high-profile attorneys and elite law graduates over the past decade, Ballard Spahr’s profits per partner and revenue per lawyer were below most of the city’s large firms in the most recent edition of the AmLaw 100. — The Legal Intelligencer VERIZON/YELLOW BOOK CASE ENDS IN SETTLEMENT NEW YORK — A combination of settlement and court opinion Thursday ended the dispute pitting Verizon Directories Corp., a subsidiary of Verizon Communications, against Yellow Book USA, a leading competitor in the $15 billion phone book directory market. The case centered on an advertising campaign Yellow Book initiated on radio, TV and billboards. Verizon argued the campaign was built around the false claim that Yellow Book’s directories were more frequently used than Verizon’s. After battling through months of discovery and nearly a monthlong trial this summer, the parties ended their dispute through a settlement. While they declined to reveal the terms of the agreement, Eastern District Judge Jack Weinstein issued a ruling on the outstanding issues. The bench trial, Verizon Directories Corp. v. Yellow Book USA, 04-CV-0251, was the first in a two-stage process. Judge Weinstein initially had to decide whether an injunction was suitable against Yellow Book. If he had ruled that Yellow Book acted wrongly, then the trial would have entered a second phase before a jury set to determine damages. Although Judge Weinstein found that Yellow Book violated the Lanham Act by making false claims in its advertising campaign, he ruled that an injunction was unnecessary. In defending its practice, Long-Island based Yellow Book maintained that Verizon consistently lost market share in the “yellow pages” wars to smaller, more nimble competitors and was exploiting the judicial system to resist competition. — New York Law Journal

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