Proskauer was named one of five "Appellate Groups of the Year" by Law360 in the publication's annual ranking of top practices. Co-headed by Mark D. Harris, a partner in the Litigation & Dispute Resolution Department, and Edward A. Brill, a partner in the Labor & Employment Law Department, Proskauer's appellate practice was noted for its "bevy of high-stakes victories" in 2010.
These included a "clean sweep" at the U.S. Supreme Court in Reed Elsevier v. Muchnick, a victory that "recalibrated hundreds of years of copyright law," and a Third Circuit win in Deutscher Tennis Bund v. ATP Tour, Inc., in which the firm represented ATP in an antitrust fight over control of the men's professional tennis tour.
Proskauer's Appellate Group is a multidisciplinary team composed of more than 40 lawyers that combines the capabilities of the firm's powerhouse litigation and labor and employment practices. The practice includes former U.S. Supreme Court clerks, a deputy chief of appeals in the Criminal Division of the U.S. Attorney's Office for the Southern District of New York, the chief appellate attorney in the Southern District's Civil Division, and many other lawyers who have argued before appellate panels across the country.
In addition to the Reed Elsevier and ATP cases, Proskauer was also noted for its 2009 victory in the U.S. Supreme Court in 14 Penn Plaza LLC v. Pyett, a landmark decision regarding the arbitrability of Age Discrimination in Employment Act Claims that changed 35 years of labor law; its precedent-setting win in the New York Court of Appeals in Hoffman v. Parade Publications, which held that New York City and State Human Rights Laws do not protect employees from discriminatory discharge if they neither live nor work in New York; and its ongoing representation of the American Bar Association as the Federal Trade Commission appeals the legal profession's exemption from the agency's anti-identity theft Red Flag Rules.
Claire Gutekunst, a partner in the Litigation & Dispute Resolution Department at Proskauer, was elected the first female treasurer of the 77,000-member New York State Bar Association. She will begin her term on June 1, 2011.
Active in the State Bar for 23 years, Ms. Gutekunst serves on the organization's Executive Committee as a vice president for the First Judicial District, chairs the Membership Committee, and co-chairs the Special Committee on Rules for Consideration of Reports.
In addition, she previously chaired the State Bar's Committee on Women in the Law, and the Strategic Planning Advisory Committee. She is also a member of the Commercial and Federal Litigation Section's Executive Committee and the Committee on Diversity, in addition to being a Maryann Saccomando Freedman Fellow of the New York Bar Foundation.