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TEEN FILES PETITION TO HAVE LAWYER’S ARTWORK FLUSHED Berkeley solo Stephen Pearcy has a nemesis: An angry 15-year-old who, when he gets back next month from a family vacation to Disneyland, plans to derail the lawyer’s budding art career. Andy Nevis, a blogger and aspiring high school sophomore, is leading the charge to get a painting by Pearcy removed from the State Justice Department’s cafeteria. The work, entitled “T’anks to Mr. Bush,” has conservatives flush with anger: It depicts an American flag sinking into a latrine. “I was so outraged,” Nevis said Thursday. A petition linked to his Web site � the California High School Conservative blog � has already secured at least 1600 signatures demanding that Attorney General Bill Lockyer remove the painting. The petition is here. “A desecration of the U.S. flag should not be in a state building,” Nevis said. He plans to submit the petition signatures to Lockyer after he returns from his family trip. Pearcy has become well-known among capital conservatives since another of his art pieces � a soldier (in effigy) hanging from a noose with a sign reading “Bush lied, I died” � received a similar reception earlier this year. It was torn down from in front of a house he owns with his wife, Virginia (an Orrick, Herrington & Sutcliffe associate) in Sacramento. “Typically, my expressions of political thought are expressed in pure text,” Pearcy said last week. “Sometimes I decide to express myself in a different way.” The toilet painting was completed a few years ago � and “in about 20 minutes,” Pearcy said. It found its way into the state building as part of a display by the group California Lawyers for the Arts. And that’s where it should be, Pearcy said, since we all have a right to free expression on state property. A Lockyer staffer told the San Francisco Chronicle last week that the AG agreed. That infuriates capital conservatives like Nevis, who said the seeds of his activism were planted when he started listening to Rush Limbaugh at age 10. Nevis said that while he appreciates free speech, a government building is not an appropriate place � even if it’s not an actual flag that’s actually being flushed. “It’s still a representation of a U.S. flag,” he said. “And it’s in a toilet.” The point that it’s a flag in the toilet was of key importance to petition signers, who don’t seem to have an issue with scatology per se. “Lockyer is a mobile stool sample if there ever was one,” wrote Paul W. Clark of Danville on Nevis’ blog. While Pearcy might disagree, there is one thing about the AG that everybody agrees on. “Mr. Lockyer,” wrote petition signer Debbie Battaglia, “you are no general.” &# 151 Justin Scheck SURVEY SHOWS MARKETING FIELD BROADENING It may still hold true that the nation’s top chief marketing officers make as much as $500,000 a year, but that’s not the case for most of the law firm marketers writing press releases or helping lawyers respond to client RFPs. In actuality, only 26 percent of all law firm marketers receive $100,000 or more in their average base salaries, while the average salary for those with “chief” in their title is about $225,000. For those on the lowest rungs � marketing assistants � the average total compensation is $38,000. These were some of the key findings of the Legal Marketing Association’s latest salary survey, first released publicly today. Of the 864 respondents, half worked at firms with fewer than 200 lawyers and a quarter worked at firms with more than 500 lawyers. “Part of the reason that the numbers may seem low � you’ve got a greater range of salaries,” said marketing consultant Sally Schmidt. “One firm reported 130 people in its marketing department.” Whereas in the past, law firms hired slim marketing staffs, now more entry-level positions are opening up. “I think [the range of salaries] shows there are a lot of new people in the field,” adds Elizabeth Lampert, another marketing consultant. That’s a reflection of the growing importance that marketing has taken in law firms, she added. “It is no longer a luxury. It is a must-have.” CMO salaries in the Pacific region, including California, were higher than elsewhere in the country, according to the survey. The region’s average was almost $300,000 � as opposed to $225,000 nationwide. In the mid-Atlantic region, including New York, the average CMO salary was $262,000. But that was not true of all marketing officers. Those at the director level in the mid-Altantic region made $10,000 more than the average $122,000 earned by those in the Pacific states. � Marie-Anne Hogarth HEADING BACK TO THE BAR If no one takes over Alameda County’s excess criminal defense matters from the local bar, maybe it’s because no one wants to. For nearly 30 years, the county has contracted with the Alameda County Bar Association’s court-appointed attorney program to provide defense counsel for about 7,000 defendants a year. About 125 private lawyers participate. This spring, county officials tried saving money on its four-year, $16 million contract by putting out a new request for proposals. The result: silence. “Nobody bid on it,” said James Giller, an Oakland defense attorney who chairs the bar program. When the contract ended on June 30, the county agreed to extend it until September. Both sides are now preparing to negotiate a new deal. Not that Giller’s terribly surprised. “We have so many cases,” he said. “The county is so big and we have so many courts to cover. Who else could do it?” Warren Lutz INFRINGEMENT DOG FIGHT It’s the little aviation company that could. Sandel Avionics Inc. has already fended off two patent infringement suits by Honeywell Inc. that would have shut down the 20-person company. But the battle isn’t over. Honeywell is appealing the district court’s finding that Sandel’s system to warn pilots of imminent surface collisions does not infringe Honeywell’s patents. “Probably one of the main reasons Honeywell brought the case is that they didn’t want competition,” said Sandel’s attorney, Howard Pollack, a partner at Fish & Richardson’s Redwood City office. But a company shouldn’t be able to “use a patent to monopolize a marketplace that was the subject of a government mandate.” Congress passed a law six years ago requiring passenger airplanes to have an onboard system to warn pilots when they are about to crash into land, water or some other object. Honeywell sued its four competitors that market these terrain awareness and warning systems for infringement. Sandel and its co-defendant, Universal Avionics Systems Corp., are the only ones that have not settled. Honeywell’s attorney Steven McCormick, a partner at Chicago’s Kirkland & Ellis, could not be reached for comment. In November, a Delaware district court judge granted summary judgment, finding that Sandel and Universal did not infringe five Honeywell patents. Honeywell contends in its appeal that the court misinterpreted several claim terms in the patent. Pollack said he expects the Federal Circuit U.S. Court of Appeals to hear arguments in the fall. In a separate suit involving a related patent, a Delaware jury in December issued a verdict of noninfringement for Sandel while finding that Universal did infringe. Pollack said Sandel’s expert witness at trial, a former astronaut and a captain for Southwest Airlines, helped them win that case. &# 151 Brenda Sandburg

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