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Home - Merchant & Gould P.C.

DIVERSITY IS MORE THAN JUST AN INITIATIVE.

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Cultivating a diverse workforce is a key part of our core&nbsp;values. We know from experience that recruiting, retaining, developing, and promoting attorneys and staff from a variety of backgrounds contributes to the firm's overall success and, by extension, to our clients' success.

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A diverse workforce—attorneys and staff with distinctive backgrounds, experiences, and viewpoints—benefits both our firm and our clients. &nbsp;We're positioned to look at each issue with fresh eyes and varied lenses, and we find unique solutions to problems as a result.

Numbers and data are not our goal; rather, our primary focus is creating an environment of support and collaboration that allows all team members to thrive.

Diversity is a priority at Merchant &amp; Gould. We get involved in our communities and the legal profession to promote diversity. Our attorneys lead and participate in minority legal organizations, such as Minnesota’s Diversity in Practice, the Hispanic National Bar Association, the National Association of Women Lawyers, and the Women’s Intellectual Property Law Association, to name a few. We also collaborate with clients on diversity events, such as hosting the annual American Intellectual Property Law Association's Women in IP event in our communities and participating in minority recruitment conferences.

Knoxville

Partner & Chief Diversity Officer

John T. Winemiller, Ph.D.

Merchant &amp; Gould, one of the nation’s leading intellectual property boutiques, has been chosen by Minnesota Lawyer as one of the <a href="https://minnlawyer.com/2024/09/26/women-led-law-firms-2024-merchant-gould-p-c/">In the Lead: Best Women-Led Law Firms</a> in 2024. This inaugural recognition highlights law firms with strong female leadership, demonstrating excellence not only in legal practice but also in advancing diversity and inclusion across their teams.



Firms selected for this accolade are those that empower women to thrive, providing opportunities for them to grow as leaders, contribute meaningfully, and drive change in the legal industry. This award underscores Merchant &amp; Gould&#8217;s ongoing commitment to fostering a collaborative and inclusive environment where diverse perspectives are encouraged and valued.



&#8220;We are honored to be recognized by Minnesota Lawyer as one of the best women-led law firms,&#8221; said Heather Kliebenstein, Merchant &amp; Gould Managing Director and Partner. &#8220;This award affirms our dedication to fostering a diverse and inclusive environment where everyone can excel while continuing to provide exceptional legal services to our clients.&#8221;

Merchant & Gould Recognized as One of Minnesota’s Leading Women-Led Law Firms

Please join us on June 10, 2024, from 10:00 &#8211; 11:00 am for a presentation and discussion on Implicit Bias Training with Michael Cohen, JD. The case for creating and sustaining a law firm culture of diversity, equity, and inclusion is not only compelling in 2024 and beyond, it’s an absolute necessity. A diverse and inclusive workforce creates a more comfortable working environment, generates improved decision-making and problem-solving, and positively impacts a firm&#8217;s performance. Implicit bias is the greatest impediment to creating DEI at work, so examining the topic is crucial. Until and unless we realize that we ALL have implicit biases, the journey toward DEI cannot truly begin. In addition, this session will focus on microaggressions and how they can negatively impact notions of inclusion.



For more information or if you would like to attend, please email&nbsp;marketing@merchantgould.com

Implicit Bias in the Workplace

Merchant &amp; Gould has again achieved Mansfield Rule Plus Certification. The certification recognizes Merchant &amp; Gould’s commitment to diversity, equity, and inclusion through its hiring, promotion, and leadership decisions.



The Mansfield Rule is a structured certification process designed to ensure all talent at participating law firms has a fair and equal opportunity to advance into leadership – broadening the talent pool for those historically underrepresented in the legal profession, such as women lawyers, racially and ethnically diverse lawyers, LGBTQIA+ lawyers, and lawyers with disabilities. Mansfield’s methodology is rooted in changes to systems and processes, not exclusivity or discrimination.



To achieve certification, Merchant &amp; Gould implemented a behavioral science and data-driven approach – designed by talent experts, data scientists, and lawyers – to help increase diversity in leadership. &nbsp;While working to achieve these benchmarks, the firm enhanced transparency related to leadership roles, advancement processes, and compensation policies.



“Merchant &amp; Gould is proud to achieve the Mansfield Rule Plus Certification once again and to be part of a community of law firms sharing an essential goal of more inclusive and diverse leadership opportunities, especially among underrepresented groups. At a time when these efforts are especially critical, we are making our advancement processes more open and more transparent than ever. We will continue to use the data from the Mansfield Certification process to continually update policies and outcomes that benefit our firm, our clients, and our community,” said <a href="https://www.merchantgould.com/people/john-t-winemiller/">John T. Winemiller</a>, Chief Diversity Officer and managing partner of Merchant &amp; Gould’s Knoxville office. “Our methodology and commitment to transparency have never been clearer. And that’s good news for all of us.”



More than 240 law firms – including 65 midsize and 175 large – achieved 2022-2023 Mansfield Certification, according to Diversity Lab, an incubator for innovative ideas and solutions that boost diversity and inclusion in law.



“This class of Mansfield Certified firms knows that their efforts to expand opportunities are on the right side of history and the law. Even as the certification requirements get more challenging year-over-year, more and more firms are committing to this important work,” said Caren Ulrich Stacy, CEO of Diversity Lab.



In addition to this year’s 2022-2023 certification, Merchant &amp; Gould participated in three previous iterations of the Mansfield Rule, achieving the <a href="https://www.merchantgould.com/news/merchant-gould-receives-mansfield-certification-for-diversity-efforts/">Mansfield 2.0 Certification in 2019</a>; the <a href="https://www.merchantgould.com/news/merchant-gould-receives-mansfield-certification-for-3-0-version-boosting-diversity-efforts/">3.0 Version in 2020</a>; and the <a href="https://www.merchantgould.com/news/merchant-gould-receives-mansfield-rule-plus-certification/">Midsize Mansfield Rule “Plus” certification in 2022</a>. Merchant &amp; Gould has already committed to continuing this work as part of the next certification cohort in 2023-2024.

Merchant & Gould Again Receives Mansfield Rule Plus Certification

Merchant &amp; Gould is pleased to announce that Minnesota Lawyer recognized Minneapolis trademark associate <a href="https://www.merchantgould.com/people/lindsay-jones/">Lindsay Jones</a> as an “Up &amp; Coming Attorney,” chosen for her &nbsp;professional accomplishments, leadership in the community, and commitment to the legal profession.



Each year, Minnesota Lawyer recognizes a group of new attorneys who are off to a fast start in their first decade of practice, already making an impact within their firms and community. The nominations were reviewed and judged by an outside panel and the Minnesota Lawyer team.



“Lindsay is the perfect picture of the future of law and is ‘wise for her years of practice,’ according to every attorney, client, and community member who works with her. As an associate for Merchant &amp; Gould’s Trademark group, she has been up and coming from day one with the right mix of knowledge, skills, confidence, innovation, drive, work ethic, attention to detail, and wit to help every-size brand with trademark work,” said Chris Schulte, partner at Merchant &amp; Gould, who nominated Lindsay.



Lindsay focuses her practice on trademark work, helping companies protect their highly cherished IP assets through both strategy and litigation. In addition to her client work, she is involved in the professional community in many roles. Lindsay is a speaker with multiple engagements under her belt, including with the Colorado and Tennessee Chapters of the Association of Corporate Counsel, and leads numerous CLEs per year focusing on advertising, marketing, and brand protection strategies &#8212; which is unusual for an associate. She is also a member of the International Trademark Association (INTA) and Minnesota Women Lawyers.



Lindsay recently joined the 2022 class of the Leadership Council on Legal Diversity (LCLD) as a Pathfinder, part of the essential dialog on diversity and inclusion that is important across the legal profession. She also volunteers her time promoting the University of Minnesota Law School and its Minnesota Pre-Law Scholars Program to share resources and help diverse applicants move through barriers to law school. Lindsay is a member of Merchant &amp; Gould’s Pro Bono Committee, taking on trademark and copyright infringement issues on a pro bono basis for individuals (especially musicians and artists) who cannot afford an attorney. Her community commitment helps her be a better lawyer and better advocate for others.



“Lindsay shines with her outstanding capabilities, strategic roles, deep roots in the community, and early leadership. While serious about her work and client outcomes, she also adds a sense of humor that energizes and humanizes everything she does,” said Chris.&nbsp;



View the Minnesota Lawyer <a href="https://minnlawyer.com/2023/07/24/up-coming-unsung-legal-heroes-announced/">announcement here</a>.&nbsp; Congratulations, Lindsay!

Minnesota Lawyer Recognizes Trademark Associate Lindsay Jones as “Up & Coming Attorney”

By Jasmin Jackson



<a href="https://www.law360.com/pulse/articles/1585687/merchant-gould-names-1st-female-managing-director-" target="_blank" rel="noreferrer noopener">Law360 (March 14, 2023, 3:37 PM EDT)</a>&nbsp;&#8212; Merchant &amp; Gould P.C. has installed its first female managing director in its more than 120-year history, the firm said Tuesday.



Attorney Heather Kliebenstein will lead the intellectual property firm&#8217;s seven offices after two decades of experience guiding its clients through complex IP and technology litigation. Kliebenstein told Law360 on Tuesday that the appointment is &#8220;a combination of humbling, exciting and meaningful all at the same time.&#8221;



She added that it&#8217;s &#8220;extremely important&#8221; for her to show her two young daughters that &#8220;any opportunity is available to them.&#8221;



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
&#8220;I believe that modeling what we want younger attorneys and younger people to achieve is massively important. … Having that representation at the top level can&#8217;t be replaced,&#8221; she said. &#8220;That&#8217;s actually one of the primary reasons that I decided to jump into the role.&#8221;
</blockquote>



She succeeds former Merchant &amp; Gould managing director Christopher J. Leonard, who joined Shook Hardy &amp; Bacon LLP as senior counsel last month. Kliebenstein stressed that she doesn&#8217;t intend to significantly change the firm&#8217;s direction. &#8220;In a nutshell, we want to elevate what already makes us great,&#8221; she said.



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
&#8220;I think it&#8217;s easy for a new leader to come in and want to change things and shake them up, but when you have an institution that&#8217;s as old as Merchant, I think that the best path, and maybe the more challenging path, is to align who we are as a firm — our history and our culture — with the current trends of the legal market,&#8221; Kliebenstein said.
</blockquote>



Merchant &amp; Gould&#8217;s newest managing director will join forces with the firm&#8217;s chief operating officer, Tracey R. Skjeveland. While Skjeveland manages day-to-day operations, Kliebenstein will be largely client-focused.



Kliebenstein said she and Skjeveland make a &#8220;dynamic duo&#8221; and merge the &#8220;best of both worlds&#8221; — &#8220;somebody who understands the attorney side, the client service side, and Tracey, who really understands the processes and the efficiencies in the firm.&#8221;



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
&#8220;We want to be the best place possible to grow a career in IP and technology law with the brightest and best attorneys, but we also need to have the best support and processes for the practice of law,&#8221; Skjeveland said in a Tuesday statement to Law360. &#8220;And that&#8217;s where the combination of Heather&#8217;s client focus and my attention to day-to-day operations will help steer the firm.&#8221;
</blockquote>



Merchant &amp; Gould hired Kliebenstein in 2004. She was promoted to partner in December 2012.



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
Kliebenstein told Law360 in an April 2015 interview — which covered a lack of gender diversity in IP boutiques — that when she was a young associate, &#8220;it was really hard to imagine myself as a shareholder or managing partner in the future because I didn&#8217;t see anyone in the boardroom that looked like me or had similar career goals.&#8221;



&#8220;When you don&#8217;t have those role models, it&#8217;s kind of easy to convince yourself that another career might be a better choice for you,&#8221; she said at the time.
</blockquote>



The firm said in a statement Tuesday that its selection of Kliebenstein reflects its &#8220;vision for the future&#8221; and reaffirms its &#8220;ongoing commitment to its diversity, equity and inclusion efforts.&#8221;



Kliebenstein earned a bachelor&#8217;s degree in environmental science from Iowa State University and her law degree from the University of Texas School of Law.



&#8211;Editing by Gemma Horowitz.

Merchant & Gould Names 1st Female Managing Director

Heather serves as first female Managing Director of the 123-year-old IP law firm.



Merchant &amp; Gould is pleased to announce that&nbsp;<a href="https://www.merchantgould.com/Professionals/Heather-J-Kliebenstein" target="_blank" rel="noreferrer noopener">Heather J. Kliebenstein</a>, a Minneapolis shareholder who joined in 2004, has been named Managing Director of Merchant &amp; Gould’s seven offices, effective Jan. 30, 2023. She joins&nbsp;<a href="https://www.merchantgould.com/Professionals/Tracey-R-Skjeveland" target="_blank" rel="noreferrer noopener">Tracey R. Skjeveland</a>, the firm’s COO and CFO, and leads a three-person Executive Committee.



Heather will remain client focused, while Tracey manages day-to-day operations. Heather and the Executive Committee will steer the firm and provide direction for long-range planning and growth.



Heather is the firm’s first female Managing Director in its 123-year-old history, reflecting Merchant &amp; Gould’s vision for the future and reaffirming the firm’s ongoing commitment to its diversity, equity, and inclusion efforts. The Heather-Tracey duo is focused on a more modern and collaborative approach to leadership.



“Our industry is ready to increase the role of women in leadership &#8212; supporting the unique perspective and diversity of thinking for our clients, industry, and community. Inclusion and innovation are at the core of Merchant &amp; Gould’s principles and culture, and these values have never been more important,” said Heather.



As an IP litigator with a technical background, Heather represents her clients in court and counsels those clients regarding intellectual property portfolio strategy. She specializes in trademark, trade dress, copyright, advertising, unfair competition, breach of contract, patent, design patent and trade secret litigation, particularly cases that intertwine multiple intellectual properties, contracts and other federal or state claims. Heather is the former chair of Merchant &amp; Gould’s Litigation Practice.



Tracey joined Merchant &amp; Gould in 1999 as a financial analyst. In 2006, she was named CFO. In 2014, Tracey was named the firm’s COO. Throughout her career at Merchant &amp; Gould, Tracey has demonstrated effective, sound leadership and has been a mentor to many.&nbsp;



“We are becoming more process oriented and streamlined to allow us to grow our technology and innovation focus. More than ever, it has become abundantly clear that our platform is highly desirable in the IP legal market,” said Tracey.



Along with Merchant &amp; Gould’s Executive Committee and almost 100 attorneys, Heather and Tracey are working together to find important solutions for their clients, the firm, and the industry.

Heather J. Kliebenstein Named to Lead Merchant & Gould’s Seven Offices

Firm recognized for diversifying its leadership and recruiting efforts



Merchant &amp; Gould has again achieved Mansfield Rule Certification, this time also attaining the more stringent “Plus” certification. The certification recognizes Merchant &amp; Gould’s commitment to diversity, equity and inclusion through its hiring, promotion, and leadership decisions.



Merchant &amp; Gould was one of 26 law firms that participated in a cohort created for midsize law firms. Designed to expand on the early successes of the original Mansfield Rule, the Midsize Mansfield Rule Certification measures whether law firms with between 25 and 150 lawyers have affirmatively considered at least 30 percent women lawyers, underrepresented racial and ethnic lawyers, LGBTQ+ lawyers, and lawyers with disabilities for attorney positions, leadership and governance roles, equity partner promotions, and formal client pitch opportunities. While working to achieve these benchmarks, Merchant &amp; Gould created internal transparency through the establishment of leadership role descriptions and clear leadership appointment and/or election processes. The firm also shared best practices and lessons learned with other cohort firms throughout the certification process. Community-building is an integral part of the Mansfield Rule Certification requirements.



“We are proud to be a Certified Plus firm in the inaugural year of the Midsize Mansfield Rule and to be part of a community of law firms sharing the goal of fostering inclusive, equitable work environments. These actions reflect our culture and core values,” said <a href="https://www.merchantgould.com/Professionals/John-Winemiller-Ph-D">John Winemiller</a>, Chief Diversity Officer and managing partner of Merchant &amp; Gould’s Knoxville office. “One of our firm’s greatest strengths is its ability to harness the diverse backgrounds, identities, and perspectives of our team members to provide the best service for our clients.&nbsp; We will use the data from the Mansfield Certification process to continually inform policies and outcomes that benefit our clients, our firm, and our community.”



Of the 2020-2022 certified firms, 16 Midsize Mansfield firms have achieved Certification “Plus” status, which indicates that, in addition to meeting or exceeding the consideration requirements, the firms have successfully achieved 30 percent diverse representation in current leadership roles, formal client pitches, and staffing on key matters.



Merchant &amp; Gould participated in two previous iterations of the Mansfield Rule, achieving the Mansfield 2.0 Certification in 2019 and the 3.0 Version in 2020. The Midsize Mansfield Rule Certification is something new in the midsize sector, marking a third certification for the firm. Merchant &amp; Gould continues its work to advance diversity throughout the legal industry.



&#8220;We are incredibly proud of – and grateful to – the firms that stepped up to try something new and partner with us to create more diverse and inclusive workplaces in the midsize sector,” said Kate Johnston Ryan, Chief Administrative Officer at Diversity Lab. “Despite launching the Midsize iteration of the Mansfield Rule in the midst of a global pandemic, and in many cases with substantially limited resources, these firms were not deterred from taking on challenging systems changes to increase diversity in the profession.&#8221;

Merchant & Gould Receives Mansfield Rule Plus Certification

Merchant &amp; Gould P.C., a national intellectual property (IP) law firm that has been helping innovators around the globe since 1900, is pleased to announce that it has selected attorney Lindsay Jones as its 2022 Pathfinder in the landmark program created by the Leadership Council on Legal Diversity (LCLD) to identify, train, and advance the next generation of leaders.



LCLD is an organization of hundreds of corporate legal officers and law firm attorneys who have dedicated themselves to creating a truly diverse U.S. legal profession. The Pathfinder Program is composed of early-career attorneys who have demonstrated potential to become future leaders in the legal profession.



Jones focuses her practice on trademark work, helping companies protect their valuable IP assets through strategy and litigation. She works with clients to secure federal rights in their intellectual property assets, as well as to protect and defend their assets from trademark infringement and counterfeiting, trade dress infringement, cybersquatting, oppositions and cancellation proceedings, and copyright infringement.



“We all value LCLD’s impact on the legal industry, and we are grateful for Lindsay’s leadership role and commitment,” said John Winemiller, Chief Diversity Officer and managing partner of Merchant &amp; Gould’s Knoxville office. “As a Pathfinder, she will be part of training initiatives and the essential dialog on diversity and inclusion that is important across the legal profession.”



In recent years, Merchant &amp; Gould has made strides in making its organization more diverse and inclusive. Most notably, the firm achieved certification under the Mansfield Rule to boost diversity in its leadership; established scholarships to increase diversity in the legal profession; and adopted comprehensive policies setting the standards for interacting with each other. Merchant &amp; Gould is also focused on diversity through hiring, retention, pro bono services, charitable efforts, community involvement and client development.

Merchant & Gould Announces 2022 Pathfinder for Leadership Council on Legal Diversity (LCLD) Program

Merchant &amp; Gould is pleased to announce that <a href="/people/john-t-winemiller/">John T. Winemiller, Ph.D.</a>, has been named the firm’s first-ever Chief Diversity Officer (CDO), reaffirming the firm’s ongoing commitment to its diversity, equity, and inclusion (DEI) efforts. As the CDO, John will serve as the Firm’s expert on current and emerging developments in DEI, including best practices for the recruitment, retention, and promotion of underrepresented attorneys and non-attorney employees. John previously served as the chair of the firm’s Diversity Committee and has been working on firmwide DEI initiatives for many years. As CDO, he will deepen this dedication and help expand firmwide and industrywide outcomes. 



While a focus on DEI is not new to Merchant &amp; Gould, the newly created CDO position will strengthen the firm’s ongoing efforts to become more diverse and inclusive. The firm recently achieved Mansfield Rule Plus certification, recognizing the firm’s attention to DEI in its hiring, promotion, and leadership decisions. It has also established law-school scholarships for underrepresented students, to increase diversity in the legal profession. And it has adopted comprehensive policies for interactions within the firm and community.&nbsp;



“Diversity, equity, and inclusion are core values of Merchant &amp; Gould and have never been more important.&nbsp; The firm’s creation of the CDO role underscores not only our commitment to hiring and retaining diverse talent, but also our fundamental belief that diverse teams achieve the best results for our clients,” said Winemiller. “My goal is to help all team members thrive at Merchant &amp; Gould, while also helping the legal profession become a more diverse, inclusive and innovative community. And that’s good news for all of us.”



Also managing partner of Merchant &amp; Gould’s Knoxville office, John will integrate his attorney experience with his new CDO role, to combine his professional experience with his ongoing involvement in DEI projects. He will work with other firm leaders to set short-term and long-term DEI goals, monitor progress toward those goals, and evaluate the effectiveness of the Firm’s structure, policies, and practices in the light of those goals.&nbsp;



“Having worked closely with John for many years, I value his work as an attorney and his depth and passion as a DEI leader. He is an advocate who will work with our staff and attorneys in new ways for us to create meaningful change for our firm, our clients, our community and our legal industry,” added Christopher J. Leonard, Managing Director and CEO of Merchant &amp; Gould.



John is based in Knoxville and will work across all seven Merchant &amp; Gould offices to advance DEI initiatives. He has opened up the firm’s Diversity Committee to all staff members and attorneys, fully encompassing participation and new ideas.

Merchant & Gould Names John Winemiller as the Firm’s First-Ever Chief Diversity Officer

Merchant &amp; Gould is pleased to announce that <a href="/people/heather-j-kliebenstein/">Heather J. Kliebenstein</a>, a Minneapolis partner who joined in 2004, has been elected to the firm’s Executive Committee for a two-year term, effective Jan. 1, 2022. She replaces <a href="/people/andrew-s-ehard/">Andrew S. Ehard</a> who completed six years of service on the Executive Committee.  



The Executive Committee manages the business operations of the firm, leads the partnership, and provides direction for long-range planning and growth. The firm leadership represents the values that emerged from Merchant &amp; Gould’s founder John D. Gould, as well as the core group of attorneys who built the firm into a full-service intellectual property law practice nearly 122 years ago. Today, those same values and business principles guide seven Merchant &amp; Gould offices and approximately 100 attorneys.&nbsp;



“Heather represents the qualities, values and integrity that define Merchant &amp; Gould as an industry thought leader with deep roots in intellectual property. Through the combination of her commitment, vision and smart counseling, we believe her leadership efforts on our Executive Committee will strengthen the business goals of our firm and clients,” said Christopher J. Leonard, Managing Director and CEO of Merchant &amp; Gould. “Heather’s leadership perspective brings something unique to the Executive Committee.”



Heather specializes in trademark, trade dress, copyright, advertising, unfair competition, breach of contract, patent, design patent and trade secret litigation, particularly with cases that intertwine multiple intellectual properties, contracts and other federal or state claims.&nbsp;



Leading up to her role on the Executive Committee, Heather has been involved with several firm-wide committees. She is the former chair of Merchant &amp; Gould’s Litigation Practice and previously chaired the Diversity Committee.



Congratulations, Heather!

Heather J. Kliebenstein Elected to Merchant & Gould’s Executive Committee

Merchant &amp; Gould P.C., a national intellectual property (IP) law with clients in the Rocky Mountain Region, selected partner David Harrell to be a member of the 2021 class of Fellows, participating in a landmark program&nbsp;created by the Leadership Council on Legal Diversity (LCLD) to identify, train, and advance the next generation of leaders in the legal profession.



The LCLD is an organization of hundreds of corporate legal officers and law firm attorneys who have dedicated themselves to creating a truly diverse U.S. legal profession.&nbsp;



“This is a big honor for David, as well as for our firm. We all value the LCLD’s impact on the legal industry, and we are grateful for their leadership roles and continued commitment,” said Chris Leonard, Managing Partner and CEO of Merchant &amp; Gould. “Through their participation, David will help drive change and continue the critical dialog on diversity and inclusion in the legal profession.”



Harrell is one of 418 new Fellows, a group of talented and diverse, mid-career attorneys who have been selected by 293 LCLD member corporations and law firms to participate in this career development program. He is a registered patent attorney whose practice encompasses areas including software and information technology, computer technology, and Internet-related technologies. Harrell specializes in patent preparation and prosecution, infringement analysis, and global IP portfolio development.&nbsp;His technical areas include programming, software analysis and development, operating systems and database design and implementation.



In recent years, Merchant &amp; Gould has made strides in making its organization more diverse and inclusive. Most notably, the firm achieved certification under the Mansfield Rule to boost diversity in its leadership; established scholarships to increase diversity in the legal profession; and adopted comprehensive policies setting the standards for interacting with each other.&nbsp;Merchant &amp; Gould is also focused on diversity through hiring, retention, pro bono services, charitable efforts, community involvement and client development.

Leadership Council on Legal Diversity (LCLD) Selects David Harrell, Merchant & Gould, as Fellows Member

Merchant &amp; Gould is proud to sponsor scholarships for law students seeking a career in intellectual property law and coming from diverse backgrounds.&nbsp; In addition to providing financial support, the firm wants to create opportunities and experiences for the next generation of IP attorneys.



A cash gift of $5,000 merit aid shall be awarded annually to selected students from each of the nine schools, where Merchant &amp; Gould has established the scholarship program, located near one of its offices.&nbsp;



“As the legal industry continues to grow, Merchant &amp; Gould is thrilled to enable these law schools to recruit and support more students typically underrepresented in intellectual property law,” said Andrew L. Jagenow, partner and Diversity Committee Chair, Merchant &amp; Gould.&nbsp; “Through the scholarships, we are pleased to give resources to students and, by extension, help make our legal communities more diverse, inclusive, and innovative.”



While Merchant &amp; Gould is providing scholarship funds, selections will be made by each law school’s review committee. For scholarship applications, school-specific criteria, number of students sharing the merit aid, deadlines and any questions, please contact the representative noted at the following law schools:



<ul class="wp-block-list">
<li>University of Tennessee College of Law, Knoxville CONTACT: Office of Admissions and Financial Aid,&nbsp; lawadmit@utk.edu, 865-974-4131</li>



<li>Atlanta’s John Marshall Law School CONTACT: Sheryl Harrison-Mercer, sharrison-mercer@johnmarshall.edu, 678-916-2681</li>



<li>Georgia State University College of Law, Atlanta CONTACT: Monique McCarthy, mmccarthy18@gsu.edu</li>



<li>Mitchell Hamline School of Law, Minneapolis CONTACT:&nbsp; Nick Anderson, nick.anderson@mitchellhamline.edu, 651-290-6471</li>



<li>University of Minnesota Law School, Minneapolis CONTACT: Admissions Office, jdadmissions@umn.edu</li>



<li>University of Colorado Law School, Boulder CONTACT: &nbsp;Admissions Office, law.admissions@colorado.edu</li>



<li>The George Washington University Law School, D.C. CONTACT: Associate Dean of Admissions and Financial Aid, finaid@law.gwu.edu</li>



<li>Benjamin N. Cardozo School of Law, New York CONTACT: Cardozo Financial Aid, clfinaid@yu.edu, 646-592-6249</li>



<li>University of New Hampshire Franklin Pierce School of Law, Concord CONTACT: Grant Keener, Grant.Keener@law.unh.edu, or Maria Gudinas, maria.gudinas@law.unh.edu</li>
</ul>



“Merchant &amp; Gould has sponsored a scholarship with the University of Minnesota Law School for 15 years, as well as the University of Tennessee College of Law for two years.&nbsp; We felt it was the right time to expand our existing scholarship programs to support more students, more schools, and more communities,” added Andrew.&nbsp;

Merchant & Gould Announces $5,000 Individual Scholarships to Diverse, Intellectual Property Students at Nine Law Schools

One of 100 leading law firms completing the certification program,  moving toward a larger goal of diversifying law firm leadership.



Merchant &amp; Gould has achieved Mansfield Certification status for 2020, after completing a 12-month self-study designed to boost the representation of diverse lawyers in firm leadership.&nbsp; Created by Diversity Lab, a data company that leverages research and behavior, the Mansfield Rule certification measures whether law firms have affirmatively considered women, attorneys of color, LGBTQ+ attorneys, and attorneys with disabilities &#8212; at least 30 percent of the candidate pool &#8212; for recruitment, governance roles, equity partner promotions, and inclusion in formal pitch presentations to clients.&nbsp;



“More than ever, it’s important to reaffirm our commitment to each other and to our legal community.&nbsp; We continue the dialog about diversity, inclusion and equality, and we continue to boost diverse leadership and representation,” said Christopher J. Leonard, Merchant &amp; Gould’s Managing Director, CEO, and Chairman of the Board.&nbsp; “The data we have collected during the Mansfield Certification process has been informing new policies and outcomes, benefiting our firm, clients and industry.”



Merchant &amp; Gould was one of 100 law firms completing the certification program, a&nbsp;designation meant to ensure representative promotion processes at law firms &#8212; moving toward a larger goal of diversifying industry-wide leadership as inclusively and effectively as possible.&nbsp;&nbsp; The Mansfield Rule aims to boost the representation of diverse lawyers in law firm leadership by broadening the pool of candidates considered for these roles and opportunities.



“We’ve participated for two years and have already seen changes in more diverse client teams and hiring.&nbsp; We have also opened our firm’s leadership to reflect a broader coalition of attorneys having various backgrounds.&nbsp; It’s more than an initiative to us; these actions are part of our firm’s culture and core values,” added Andrew L. Jagenow, Merchant &amp; Gould’s Diversity Committee Chair.&nbsp;



Merchant &amp; Gould participated in the previous iteration of the Mansfield Rule and achieved Mansfield 2.0 Certification in 2019, in addition to the Version 3.0 just earned.&nbsp; The firm continues its work to advance diversity throughout the legal industry.

Merchant & Gould Receives Mansfield Certification for 3.0 Version, Boosting Diversity Efforts

Merchant &amp; Gould is pleased to announce that attorneys Heather Kliebenstein, and Luciano Ricondo have been selected as members of the Leadership Council on Legal Diversity (LCLD) 2018 Class of Fellows and Pathfinders, respectively.



“It’s a well-deserved honor for Heather &amp; Luciano to be recognized for their leadership potential in connection with LCLD’s Fellows and Pathfinders programs,” said Chris Leonard, CEO and Managing Director of Merchant &amp; Gould, as well as an&nbsp;<a href="http://www.lcldnet.org" target="_blank" rel="noopener">LCLD Member</a>.&nbsp; “We are extremely proud of them both and are excited about their participation in these programs.”



<h2 class="wp-block-heading">Heather J. Kliebenstein</h2>



Heather is an intellectual property attorney and partner at Merchant &amp; Gould. She is also the chair of the firm’s litigation practice group. As someone with deep technology and IP experience, Heather is the go-to resource for companies requiring focused, strategic intellectual property insight.



Heather focuses mainly on trademark, trade dress, copyright, false advertising and unfair competition litigation.&nbsp; However, with a technical background, Heather has prosecuted patents and litigated many patent disputes.&nbsp; This allows her to offer something unique in the IP and technology litigation field—someone who can understand and litigate intellectual property disputes that combine multiple forms of intellectual property.&nbsp; &nbsp;



As an IP litigator, Heather has secured several victories in court and settlement negotiations (see some Representative Cases below). She is the trusted advocate you can turn to when you need representation in or before federal court, appellate court, the Trademark Trial and Appeal Board, the Federal Trade



A strong IP strategy does not stem only from handling litigation well. It also comes from smart counseling regarding your business’s assets. To that end, a significant part of Heather’s practice is counseling clients to strengthen their intellectual property portfolios and to manage their risks. &nbsp;Heather works with a number of clients to help identify and secure their intellectual and property technology needs, including through building and managing trademark and copyright portfolios worldwide, and reviewing agreements such as technology licensing and vendor agreements. Heather also counsels clients regarding advertising claims and online advertising issues under the Lanham Act and state false advertising laws.



She offers these services to companies of all sizes, from solo startups to Fortune 500s. She knows that what most business owners need is a reliable counselor they can turn to when they need help in the intellectual property and technology space.



According to LCLD President Robert J. Grey, Jr., the LCLD Fellows Program offers participants “a year-long, in-depth program devoted to relationship-building, in-person training, peer-group projects, and extensive contact with LCLD’s top leadership and the best teachers in the business.”



<h2 class="wp-block-heading">Luciano A. Ricondo</h2>



Luciano drafts&nbsp;and prosecutes domestic and foreign&nbsp;patent applications in the mechanical, electrical, computer, and software-related arts. He also prepares and prosecutes domestic and foreign industrial designs. As part of his patent prosecution practice, Luciano helps clients traverse obstacles to patenting software and business methods, such as subject matter eligibility challenges based on the United States Supreme Court’s Alice v. CLS Bank decision.



In addition to patent prosecution, Luciano provides litigation support in a variety of areas, including drafting&nbsp;opinion letters regarding patentability, patent infringement, and freedom to operate.



Technologies and industries relevant to Luciano’s practice include&nbsp;medical devices, telecommunications,&nbsp;renewable energy, industrial machinery,&nbsp;consumer products, software, and e-commerce.



Luciano&nbsp;serves on the diversity committee at the firm and is a member of the Hispanic National Bar Association (HNBA). In his spare time, Luciano&nbsp;has an active lifestyle which includes hiking, running, and traveling.



According to LCLD President Robert J. Grey, Jr., the LCLD Pathfinder Program offers participants “intensive in-person training, online experiential learning, and opportunities to network with peers and esteemed LCLD Fellows in small group gatherings.”



“We believe it’s a program that can help catapult a person’s career forward.”



Merchant &amp; Gould is proud to be an&nbsp;<a href="http://www.lcldnet.org" target="_blank" rel="noopener">LCLD Member Firm</a>.



<h2 class="wp-block-heading">The Leadership Council on Legal Diversity (LCLD)</h2>



Founded in 2009, LCLD is a growing organization of more than 285 corporate chief legal officers and law firm managing partners who are personally committed to creating a more diverse and inclusive legal profession. The LCLD Fellows program, which has trained more than a thousand mid-career attorneys since 2011, is one of LCLD’s most important initiatives. The LCLD Pathfinder Program is now in its third year as a full-scale program, having been piloted in 2015 among a select number of LCLD Member law firms and corporations. It is an initiative that has filled a gap in LCLD programming, targeting junior associates and the youngest members of corporate law departments. For information, visit www.lcldnet.org.

Heather Kliebenstein and Luciano Ricondo named to Leadership Council on Legal Diversity

Laura Hupp as “Up &amp; Coming Attorney” and Laura Mitlyng as “Unsung Legal Hero”.



Merchant &amp; Gould is pleased to announce that two members of its Minneapolis team were recognized by Minnesota Lawyer for their hard work, talent and dedication.  Laura Hupp, associate, was named “Up &amp; Coming Attorney” for her commitment to the community, her dedication to her profession, and an overall impressive start to her legal career; and Laura Mitlyng was named “Unsung Legal Hero” for her marketing commitment to the firm and for always going above and beyond.



Each year, Minnesota Lawyer recognizes a group of new attorneys who are in their first decade of practice. The criteria for “Up &amp; Coming Attorneys” are professional accomplishment, leadership in the community, and commitment to the legal profession.&nbsp; The nominations were reviewed and judged by an outside panel and the Minnesota Lawyer team.



“Laura is recognized around the firm for her hard work, commitment to excellence, and outstanding client service,” said Rachel Hughey, partner at Merchant &amp; Gould, who nominated Hupp.&nbsp; “She is dedicated to service of both the community and the legal profession.”



Laura Hupp’s practice at Merchant &amp; Gould has focused primarily on patent prosecution, working with inventors in a variety of industries. Her combination of education and experience uniquely position her to assist clients with biotech software inventions such as bioinformatics or computational biology tools. She counsels clients on prosecution strategy in both the United States and in foreign jurisdictions. Additionally, Laura aids clients in review and preparation of various agreements relating to their intellectual property such as licenses and software service agreements. Laura is not just a very talented attorney, but she is also very involved with pro bono and diversity efforts &#8212; both within the firm and within the greater Twin Cities.&nbsp; She volunteers with the LegalCORPS Inventor Assistance Program (IAP) to deliver patent services to low-income Minnesotans and also serves on the IAP committee. Laura is our firm’s representative with Twin Cities Diversity in Practice (TCDIP), was selected as a fellow for the Leadership Council on Legal Diversity (LCLD), and is actively involved with her firm’s internal Diversity Committee.



The award of “Unsung Legal Hero” goes to administrative assistants, paralegals, judicial clerk administrators, office managers, librarians, as well as staff in accounting, information technology and marketing.&nbsp; Winners were chosen for their talent and dedication in the legal support profession &#8212; and for going beyond their responsibilities in ways that support the firm, clients and community.&nbsp;



“Laura has fresh thinking, confidence, creativity and leadership to shape a complex and important role in marketing.&nbsp; She brings everyone together, from all six offices, and has earned the nickname, ‘the connector,’” said Hughey, who also nominated Mitlyng.&nbsp; “She shines with her eagerness to pursue new projects that help grow the firm and grow the culture.”



Laura Mitlyng&#8217;s professionalism shows up in every detail of her work, always executed with intention and with successful outcomes.&nbsp; When she sees need for a change or learns about a new project (even outside the marketing scope), she makes it happen—from idea to implementation.&nbsp; Most recently, during the COVID-19 situation, Laura helped create, write, launch and distribute The Daily Distraction newsletter to bring our Merchant &amp; Gould community together with lightness and humor.&nbsp; A popular section of the newsletter, “3 Bits of Joy,” can also apply to the countless bits of joy and support that Laura brings to the firm. &nbsp;Earlier in the year (pre-pandemic), Laura took over M&amp;G’s event planning with even more responsibility, traveling to the different offices.&nbsp; She also created and hosted a &#8220;LinkedIn 101&#8221; workshop for attorneys.&nbsp; Laura also forms relationships in the community. This year, she joined the Board of Directors for the Young Professionals of Minneapolis; and she also volunteers as the organization&#8217;s Director of Professional Development for 2020.



View the Minnesota Lawyer announcement here:&nbsp; <a href="https://minnlawyer.com/2020/07/10/up-coming-attorneys-unsung-legal-heroes-announced-2/">https://minnlawyer.com/2020/07/10/up-coming-attorneys-unsung-legal-heroes-announced-2/</a>

Minnesota Lawyer Recognizes Two Merchant & Gould Team Members

Merchant &amp; Gould has achieved Mansfield Rule Certification after completing a 12-month self-study designed to boost the representation of diverse lawyers in firm leadership.&nbsp; Measured by Diversity Lab, a data company that leverages research and behavior, the certification assesses whether law firms have affirmatively considered at least 30 percent women, lawyers of color, and LGBTQ+ lawyers for leadership and governance roles, equity partner promotions, formal client pitch opportunities and senior lateral positions.



“We understand both intuitively and from experience that diverse workforces and leadership teams benefit our clients, our firm, and our individual employees. By examining issues from different perspectives, diverse teams find better solutions to complex problems,” said John T. Winemiller, chair of Merchant &amp; Gould’s Strategic Planning Committee. “We recognize the value of the Mansfield Rule’s approach to tracking our diversity and inclusion efforts. The data we have gathered will help us make policy and process decisions that will strengthen our firm.”



Merchant &amp; Gould was one of 64 law firms completing the certification program, moving toward a larger goal of diversifying law firm leadership as inclusively and effectively as possible.&nbsp; To achieve the Mansfield Rule objectives, participating law firms established processes to document and analyze their talent pipelines. Prior to participating in the Mansfield Rule, only 12 percent of firms were tracking their candidate pools for leadership roles, and 25 percent were tracking their candidate pools for lateral partner hiring.&nbsp; Now, 100 percent of participating firms are tracking candidate pools for these categories.



Data collected from the Mansfield 2.0 participating law firms shows they are not only diversifying their candidate pools, but they are also meaningfully increasing the representation of diverse lawyers in senior lateral hiring, leadership positions, and participation in client pitches. &nbsp;The overall results from Mansfield 2.0 reveal that firms are continuing to make progress on the Rule’s goal of diversifying law firm leadership by expanding their pipelines, increasing transparency, and participating in candid knowledge sharing. &nbsp;



“Merchant &amp; Gould is honored to share these values with other firms, working to advance diversity throughout the legal industry,” Winemiller added.



Merchant &amp; Gould is now participating in the next iteration of the Mansfield Rule, which launched in July 2019 and will conclude in July 2020, with 99 law firms.&nbsp; Mansfield 3.0 tracks the firms’ efforts to include lawyers with disabilities, as well as women, lawyers of color and LGBTQ+ lawyers, in leadership candidate pools.

Merchant & Gould Receives Mansfield Certification for Diversity Efforts

Please join for a presentation and discussion on “Implicit Bias: How It Affects the Legal Profession and How to Fix It.” Greene Espel attorney&nbsp;<a href="https://protect-us.mimecast.com/s/xvR_COYZjMuyPA6HvWDcy?domain=greeneespel.com" target="_blank" rel="noopener">Sybil Dunlop</a>&nbsp;will present and facilitate a discussion on Implicit Bias based on race, gender, disability, age, and sexual orientation as well as its impact on the legal industry. She will identify ways to recognize bias, discuss its implications, and share best practices for creating an inclusive legal community



Faculty



Sybil has spent the past several years championing a stronger and more diverse legal community. In 2016, increasingly frustrated by the legal profession’s lack of diversity, Sybil resolved to create an energizing and compelling CLE addressing the issue of implicit bias in the legal profession and—more importantly—how we can combat it. Since then, Sybil has taught the program on over 50 occasions across the country, including to 300 members of the Minnesota Judicial Branch. She has also written extensively on the topic of implicit bias in Minnesota Lawyer, the Hennepin Lawyer, and MDLA’s Magazine. For her work, Sybil was selected as one of the 2018 Diversity and Inclusion Honorees by Minnesota Lawyer. The honor celebrates those in the legal profession who go above and beyond in their efforts to create a more diverse and inclusionary community.



For more information or if you would like to attend please email <a href="mailto:marketing@merchantgould.com?subject=Implicit%20Bias%3A%20How%20It%20Affects%20the%20Legal%20Profession%20and%20How%20to%20Fix%20It.">marketing@merchantgould.com</a>

Implicit Bias: How It Affects the Legal Profession and How to Fix It

Merchant &amp; Gould is pleased to announce that attorney&nbsp;Laura Hupp&nbsp;has been selected as members of the Leadership Council on Legal Diversity (LCLD) 2018 Class of&nbsp;Pathfinders.



“It’s a well-deserved honor for&nbsp;Laura&nbsp;to be recognized for her leadership potential in connection with LCLD’s Pathfinders program,” said Chris Leonard, CEO and Managing Director of Merchant &amp; Gould.&nbsp; “We are extremely proud&nbsp;and are excited about her participation in the program.”



<h2 class="wp-block-heading">Laura L. Hupp</h2>



Laura is an experienced patent attorney at Merchant &amp; Gould’s Minneapolis office. She focuses on chemical and life science intellectual property law. For five years, she has used her unique background in biotechnology and software patenting to assist her clients in understanding the patent process and how it relates to science.



Understanding the languages of biotechnology, software&nbsp;and&nbsp;patents, she translates between them all, streamlining the patent process for inventors and start-ups.



<h2 class="wp-block-heading">SERVING THE INVENTOR, THE BIOTECHNOLOGY INDUSTRY AND THE SMALL BUSINESS</h2>



Laura works with inventors of software, biotechnology software developers and small businesses who strive to patent their products. In these areas, she focuses on preparing and prosecuting domestic and international patent applications. Laura’s experience includes patents for:



<ul class="wp-block-list">
<li>Genetically modified plants</li>



<li>Animal vaccines</li>



<li>Industrial cleaning and sanitizing products</li>



<li>Smartphone applications</li>



<li>Data analytics software</li>
</ul>



Laura understands that the patent process is grueling, often unknown to those who’ve never experienced it before. With her experience, she skillfully guides inventors, developers and businesses through the process, providing clarity and reassurance. Laura has been involved in several notable patent prosecutions in categories such as consumer goods, chemical and software.



<h3 class="wp-block-heading">LEADING WITH A UNIQUE COMBINATION OF NECESSARY TECHNICAL SKILLS</h3>



Laura’s background sets her apart from the rest. With a formal education in biochemistry and molecular biology and work experience in software patenting, the three languages of biotechnology, software and patents come together into a unique combination of necessary technical skill.



During her time in law school, Laura assisted researchers at the University of Iowa Research Foundation in commercializing their inventions and to raise funding for spin-out companies. Also involved in biology studies during graduate school, she studied molecular biology, immunology, genetics, and gene and cell therapy. Her expertise in biology and law is invaluable to biotechnology and software patents alike.



As a client, you don’t need to search for an attorney for each facet of your patent. Instead, Laura handles all patent matters from start to finish. Streamlined services, lower financial cost and a lower time involvement are all benefits of taking advantage of Laura’s expertise. Her strategy involves the assistance of Merchant and Gould, a large team working together towards your business goals.



<h3 class="wp-block-heading">FARM GIRL TURNED LAWYER, WITH AN ARTISTIC FLAIR</h3>



You always wonder who the person behind the practice is. With Laura, there’s no wondering. An open book, she does her best to be as flexible, easy going and laid back as possible. This approach likely stems from her childhood growing up on a farm, where she learned many of the values she carried with her today. Initially drawn to science and biotech, Laura eventually was pulled toward intellectual property law. She’s never looked back.



Her free time is full of activity, from participating in triathlons to painting of all forms, from watercolor to acrylic. Her evenings are filled with super nerdy conversations with her wife, who happens to be a trademark attorney.



According to LCLD President Robert J. Grey, Jr., the LCLD Pathfinder Program offers participants “intensive in-person training, online experiential learning, and opportunities to network with peers and esteemed LCLD Fellows in small group gatherings.”



“We believe it’s a program that can help catapult a person’s career forward.”



Merchant &amp; Gould is proud to be an <a href="http://www.lcldnet.org" target="_blank" rel="noopener">LCLD Member Firm</a>.



<h2 class="wp-block-heading">The Leadership Council on Legal Diversity (LCLD)</h2>



Founded in 2009, LCLD is a growing organization of more than 285 corporate chief legal officers and law firm managing partners who are personally committed to creating a more diverse and inclusive legal profession. The LCLD Fellows program, which has trained more than a thousand mid-career attorneys since 2011, is one of LCLD’s most important initiatives. The LCLD Pathfinder Program is now in its third year as a full-scale program, having been piloted in 2015 among a select number of LCLD Member law firms and corporations. It is an initiative that has filled a gap in LCLD programming, targeting junior associates and the youngest members of corporate law departments. For information, visit www.lcldnet.org.

Diversity

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