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Happy Holidays from Lewis, Feldman, Lehane & McAtee, LLC
Firm News/Alabama | 2008/12/20 19:03
At this time of the year, we wish to express our appreciation for the friendship and confidence you have shown us. We continue to offer our clients and colleagues the finest service possible. Our firm has recently settled $239,000.00 in cases that were deposited in December. These cases involved auto wrecks, a drunk driver, a guest passenger claim and a false arrest claim.

And, we continue to build relationships and associations with our colleagues. For the month of December, we paid over $34,000 to attorneys in referral fees.

As we look forward to 2009, we would like to share a few inspirational quotes, that we feel will help you through these challenging times.

"You can't steal second base, and keep your foot on first."
Frederick Wilcox, Writer

"So many of our dreams at first seem impossible, then they seem improbable, and then when we summon the will, they soon become inevitable."
Christopher Reeve, Actor

"Excellence is not a skill, it is an attitude."
Ralph Marston, Author

"Anyone who stops learning is old, whether at twenty or eighty. Anyone who keeps learning stays young. The greatest thing in life is to keep your mind young."
Henry Ford, Industrialist

"My father taught me that reputation, not money, was the most important thing in the world."
William Rosenberg, Dunkin Donuts founder

From every member of Lewis, Feldman, Lehane & McAtee, LLC, we wish you a happy, safe holiday season and a healthy, fulfilling New Year.

Jon E. Lewis

Daniel B. Feldman

Danny Lehane

J. Stuart McAtee


Conservatives win court case in Va. church dispute
Headline News | 2008/12/20 17:18
Nearly a dozen conservative church congregations in Virginia have won a lawsuit in which they sought to split from the U.S. Episcopal Church in a dispute over theology and homosexuality.

The final rulings came Friday from a Fairfax County judge who said the departing congregations are allowed under Virginia law to keep their church buildings and other property as they leave the Episcopal Church and realign under the authority of conservative Anglican bishops from Africa.

Several previous rulings had also gone in favor of the departing congregations. The diocese said it will appeal.

Eleven Virginia congregations were involved in the lawsuit, including two prominent congregations that trace their histories to George Washington — Truro Church in Fairfax and The Falls Church in Falls Church.

The congregations voted to realign in late 2006. Since then, the rift in the Episcopal Church has grown, and entire dioceses have voted to leave the denomination. Similar property disputes are expected there as well.

The Episcopal Diocese of Virginia argued it was the true owner of the church property and that the congregations' votes to leave the Episcopal Church were invalid.



Mass. court reprimands judge libeled by newspaper
Headline News | 2008/12/19 17:16
Massachusetts' top court has publicly reprimanded a judge who wrote threatening letters to the publisher of the Boston Herald after he won a $2 million libel judgment against the paper.

The Supreme Judicial Court's punishment for Judge Ernest Murphy is slightly less severe than the public censure and $25,000 fine recommended by the state's Commission on Judicial Conduct. The SJC did order Murphy to reimburse the commission for its costs.

The case began in 2002, after the Herald published a series of stories depicting Murphy as soft on crime. Several quoted Murphy as saying a young rape victim should "get over it."

Murphy won his lawsuit, then wrote threatening letters to the Herald publisher demanding payment.

Murphy agreed in August to step down from the bench, citing health problems brought on by the stress of the case.



Squire, Sanders & Dempsey Elects 16 New Partners
Firm News | 2008/12/18 20:01
Squire, Sanders & Dempsey L.L.P. has elected 16 lawyers to its partnership, effective January 1, 2009, in a move that reflects the firm’s strength, diversity and global reach. The 2009 partnership class includes lawyers from four continents.

“These Squire Sanders colleagues, who join the partnership from offices in Asia, Europe, Latin America and the United States, are an extraordinarily talented group,” said Chairman R. Thomas Stanton. “We are very proud to welcome these new partners, who reflect the firm’s global practice, our strong commitment to diversity and the highest standards of client service we provide throughout the world.”

The new partners are:

   * J. Philip Calabrese, a trial lawyer in the firm’s Cleveland office who focuses his practice on complex business litigation, defense of securities fraud and antitrust actions, product liability and toxic tort litigation, trade secret disputes and appellate practice. His experience includes cases for clients in the pharmaceuticals, specialty chemicals, steel, automotive and manufacturing industries. He was a law clerk to Judge Alice M. Batchelder, US Court of Appeals for the Sixth Circuit. He has been recognized as a Rising Star by Ohio Super Lawyers. He received his J.D. in 2000 from Harvard University, cum laude, where he was articles editor of Harvard Journal on Legislation, and his B.A. in 1993 from College of the Holy Cross, summa cum laude. Calabrese was a Fulbright scholar in 1994.
   * Sean T. Cork, a bankruptcy and restructuring lawyer in the Phoenix office. Cork has represented clients in a number of bankruptcy-related contexts including representation of both debtors and creditors in large scale Chapter 11 proceedings, as well as representing acquirers of a debtor’s assets. His industry segment experience includes airlines, energy, manufacturing, real estate development and retail enterprises. Cork served as a law clerk to the Honorable William T. Bodoh, US Bankruptcy Judge for the Northern District of Ohio. He is a member of the American Bankruptcy Institute. Cork received his J.D. in 1999, with high distinction, from Ohio Northern University, where he was editor in chief of Ohio Northern University Law Review, and he received his B.A., with honors, in 1995 from Marlboro College.
   * Peter W. Culp, an environmental, health and safety lawyer in the Phoenix office who focuses his practice on water law, natural resources law, and permitting and regulatory compliance with major federal and state environmental laws. His experience includes representing private, public and nonprofit entities in matters related to surface and groundwater rights and policy, the law of the Colorado River, land development, industrial facility siting and permitting, the management and remediation of contaminated property, legislative affairs, and the management, development and conservation of state trust lands. Culp has also represented clients doing business on Native American lands. His previous experience includes serving as a law clerk in the Indian Resources Section of the US Department of Justice, Environment and Natural Resources Division, and as a lawyer for the Sonoran Institute, a nonprofit organization that works on land and water policy issues throughout the Intermountain West. Culp has published numerous articles and reports on environmental, water and natural resource issues and serves as a member of several advisory commissions and policy groups focused on state, federal, and bi-national water management issues. He received his J.D., summa cum laude, in 2001 from the University of Arizona and his B.A., with honors, in 1994 from the University of California, Santa Cruz.
   * Carlos A. Derraik, an energy lawyer in the Rio de Janeiro office. Derraik focuses his practice on Brazilian and international business transactions including mergers and acquisitions, corporate reorganization, real estate, privatizations, financing and taxation. He advises companies, joint ventures and consortiums on structures, taxation, financing, secured lending transactions, real estate acquisitions and property rights. He has counseled clients on international and Brazilian legal aspects in a wide range of transactions. Before joining Squire Sanders, Derraik was a lawyer with one of the leading global accounting firms, concentrating on taxation and business transactions. He also acted as in-house counsel for a leading international mining company where he developed substantial expertise in real estate, concessions and mineral rights. He received his LL.B. in 1993 from Pontifical Catholic University of Rio de Janeiro.
   * Aneca E. Lasley, a trial lawyer in the Columbus office whose practice concentrates on general and complex commercial litigation. Her practice involves product liability, trade secret misappropriation, commercial contract disputes and business torts. Before joining Squire Sanders, she served as a judicial clerk for the Honorable David D. Dowd, Jr. of the US District Court, Northern District of Ohio in Akron. She has served as president of the Women Lawyers of Franklin County, as a member of the Columbus Bar Association’s Ethics Committee and a member of Defense Research Institute, and is active in several community organizations. Lasley has been recognized as a Rising Star by Ohio Super Lawyers. She received her J.D., with honors, in 2000 from The Ohio State University, where she was managing editor of The Ohio State Law Journal, and her B.A., cum laude, in 1997 from Ohio Northern University.
   * Kevin S. Levey, an energy lawyer in the Washington DC office. Levey’s practice includes international business transactions such as infrastructure project development, project finance, mergers, acquisitions, divestitures, joint ventures and privatizations. He has particular expertise in the development of nuclear, solar, biomass and other renewable energy-based power projects and clean coal-fired power projects in the United States and other countries. He has also represented large multinational companies in the design, financing, construction, operation and acquisition of major power generation, LNG terminal and pipeline projects in Latin America including Brazil, Guatemala and Mexico. In addition, he has advised the governments of Nigeria, Panama and Serbia on a variety of public infrastructure privatization and commercialization projects. He received his J.D. in 1997 and his B.A. in 1993, both from The American University.
   * Francis Li, a corporate/corporate finance lawyer in the Hong Kong office whose practice focuses on corporate finance matters including initial public offering transactions, mergers and acquisitions, private placement transactions, private equity and other capital market transactions in Hong Kong and other Asia-based markets. He has experience advising companies in China in business restructuring, mergers and acquisitions, and offshore listings, and has been involved in a number of capital market transactions in Hong Kong, Singapore, Taiwan and other Asian countries. He received his LL.B. in 1994 from the City University of Hong Kong.
   * José Luis Martín, an intellectual property lawyer in the Palo Alto office. Martín represents companies in intellectual property and complex business litigation, with particular emphasis in patent and trade secret matters. He has extensive experience representing high technology clients in disputes concerning patent and trademark infringement, trade secret misappropriation, unfair business practices, antitrust and a variety of business torts in federal and state courts and before the International Trade Commission. Martín also represents clients before the American Arbitration Association (AAA) and the AAA's International Centre for Dispute Resolution. He is a member of the Hispanic National Bar Association, the San Francisco La Raza Lawyers Association, the Santa Clara County La Raza Lawyers Association and the Hispanic Chamber of Commerce. He has been appointed Special Counsel in the Assisted Settlement Conference Program of the US District Court, Northern District of California. Martín frequently serves as a panelist and presenter on various intellectual property topics. He received his J.D. in 1999 from University of California, Hastings, where he was a member of the Hastings Law Journal, and his B.A. in 1995 from the University of California, Los Angeles.
   * Munehiro Matsumoto, a corporate/corporate finance lawyer in the Tokyo office. His practice primarily focuses on corporate, securities, real property, and labor and employment laws. He regularly handles mergers and acquisitions, real estate transactions, regulatory work for financial institutions, executive hiring and compensation issues, and antitrust law matters. Recently he has been extensively involved in advising on corporate governance and compliance law issues for Japan-based corporations including those listed on stock exchanges in both Japan and the United States. He is a frequent speaker at seminars and has published books and theses on several topics including financial inspection and compliance systems, corporate director and officer liability, corporate splits (kaisha-bunkatsu), treasury stock and real estate transactions. He received his LL.M. in 2002 from University of Pennsylvania, his Diploma of Completion in 1999 from the Legal Training and Research Institute of the Supreme Court of Japan and his L.L.B. in 1996 from the University of Tokyo.
   * Pedro J. Miranda, a public finance lawyer in the Miami office. He serves as bond counsel, underwriters’ counsel and disclosure counsel on bond issues in the state of Florida and the Commonwealth of Puerto Rico. He has broad experience as bond counsel, disclosure counsel and underwriters’ counsel in various types of transactions including general obligation, revenue and special assessment financings. A native of Puerto Rico, Miranda has broad experience serving as bond counsel for the Commonwealth of Puerto Rico and its public corporations and authorities including electric power, public buildings and highway. He received his J.D. in 1999 and his B.A., with honors, in 1996, both from University of Florida.
   * Christopher A. Rose, a corporate/corporate finance lawyer who works in the firm’sLondon and Moscow offices. Rose has substantial experience counseling multinational businesses on private equity investments in Europe and currently leads the firm’s Europe-based private equity practice. He also advises clients on fund investments, mergers, acquisitions and joint ventures, as well as general corporate governance and securities matters. He is the author or co-author of several articles on private equity issues arising under Russian law. Rose received his J.D., magna cum laude, Order of the Coif, in 1998 from Tulane University, where he was senior associate editor of Tulane Law Review, and his B.A. in 1993 from Tufts University.
   * Catherine Corrigan Tompkins, a public finance lawyer in the Cleveland office who represents governmental entities and private companies with economic development projects and public-private partnerships. She advises clients on urban renewal and redevelopment, tax increment financing, tax abatements, community reinvestment areas and special improvement districts. Tompkins also serves as bond counsel for tax-exempt pollution control and solid waste facility financings for electric utility and industrial companies, and for tax-exempt financings for private colleges and universities. Before joining Squire Sanders, Tompkins served as a judicial clerk to the Honorable Terrence O’Donnell of the Ohio Court of Appeals for the Eighth District, currently a justice on the Supreme Court of Ohio, and to the Honorable Donald C. Nugent of the US District Court, Northern District of Ohio. She is a past member of the advisory group to the US District Court, Northern District of Ohio. She received her J.D. in 1995 from Case Western Reserve University and her A.B., cum laude, in 1991 from Georgetown University.
   * Sergey A. Treshchev, an international dispute resolution (IDR) lawyer in the Moscow office, leads the firm’s CIS IDR practice team and currently represents several clients in commercial court cases involving complex banking matters, import-export, customs, mining and labor disputes. His practice also includes international trade, financial transactions, mining and restructuring. Treshchev, who is the author of the 2007 book Financial Rehabilitation Under Russian Law, also publishes legal analyses in several publications. He received his Diploma of American Law in 1997 from Emory University, his J.D. in 1995 from Moscow State University and his B.A. in 1982 from Maurice Thorez Moscow State University of Foreign Languages.
   * Michael Wager, a corporate/corporate finance lawyer in the Cleveland and New York offices, represents private and publicly held entities and advises clients on mergers and acquisitions, corporate finance, corporate governance and strategic growth matters. He has particular expertise and experience in representing companies and investors in change-of-control transactions. Wager has served as counsel and adviser to several private and public companies. Before joining the firm, Wager had served as the chair of a Cleveland-based private equity firm and frequently speaks on matters involving capital formation, securities regulation, change-of-control transactions, and infrastructure finance and development. He is active in several civic and philanthropic organizations. He received his J.D. in 1981 from the New York University School of Law, his M.A. in 1976 from Columbia University and his B.A. in 1973 from American University.
   * Greg R. Wehrer, a trial lawyer currently in Columbus who plans to relocate to the firm’s Houston office, focuses his practice on complex commercial litigation and appeals. Wehrer has substantial experience in toxic tort and product liability, business contract disputes, insurance coverage issues, constitutional claims, intellectual property and real estate tax appeals. He has represented several pro bono clients before the Sixth Circuit Court of Appeals. He has been named a Rising Star by Ohio Super Lawyers. He received his J.D. in 1997 from Vanderbilt University, where he was editor of the Vanderbilt Law Review, and his B.A., cum laude, in 1993 from Bowling Green State University.
   * Song Zhu, an intellectual property lawyer in the Palo Alto and San Francisco offices, is a registered patent attorney who handles intellectual property matters in the United States and throughout the world. In addition to preparing patent applications, he regularly advises clients on worldwide patent procurement strategies and the management of patent portfolios. His expertise encompasses a variety of technologies including telecommunications, semiconductor manufacturing, computer software, automotive systems and medical devices. Before entering law school, Zhu was a senior engineer with General Motors. He received his J.D. in 1997 from Georgetown University and his Ph.D. in mechanical engineering in 1991 from University of Wisconsin.


About Squire Sanders: Founded in 1890, Squire, Sanders & Dempsey L.L.P. has lawyers in 32 offices and 15 countries around the world. With one of the strongest integrated global platforms and a longstanding one-firm philosophy, Squire Sanders provides seamless legal counsel worldwide. Offices in the Americas are located in Cincinnati, Cleveland, Columbus, Houston, Los Angeles, Miami, New York, Palo Alto, Phoenix, San Francisco, Tallahassee, Tampa, Tysons Corner, Washington DC, West Palm Beach, Caracas, Rio de Janeiro, Santo Domingo and São Paulo. In Europe, offices are in Bratislava, Brussels, Budapest, Frankfurt, Kyiv, London, Moscow, Prague and Warsaw. In Asia, offices are in Beijing, Hong Kong, Shanghai and Tokyo. Associated firms are in Bucharest, Buenos Aires, Dublin and Santiago.


Appeals court rejects DC missing pants case
Court Center | 2008/12/18 17:17
An appeals court on Thursday turned down a request for a new trial from a former District of Columbia judge who sued his dry cleaners for $54 million over a lost pair of pants.

The D.C. Court of Appeals rejected the request from Roy L. Pearson to overturn a 2007 ruling that denied him damages. Pearson had argued that Custom Cleaners failed to live up to its promise of "Satisfaction Guaranteed."

Three appellate judges agreed Pearson failed to show the store's advertising amounted to fraud and said his argument defied logic.

Pearson can still ask the entire nine-judge appellate court to review the case or appeal to the U.S. Supreme Court.

Pearson did not immediately respond to an e-mail or telephone message seeking comment.

Jin Chung, the dry cleaner owner, said through his lawyer that his family is "very very happy" with the decision. The family said they hope Pearson won't take any further action.

The American Tort Reform Association lauded the court's move, saying the city's easily exploited consumer protection law should be reformed.

The case has taken its toll on both sides. The Chungs have sold the dry cleaning shop, citing a loss of revenue and the emotional strain of defending the lawsuit. Pearson lost his job when a D.C. commission voted not to reappoint him.



FIFTEEN BERGER SINGERMAN ATTORNEYS NAMED TO 2009 EDITION OF THE BEST LAWYERS IN AMERICA
Firm News/Florida | 2008/12/17 22:43
The Florida business law firm Berger Singerman is pleased to announce that fifteen lawyers were recently selected by their peers for inclusion in the recently released edition of The Best Lawyers in America.

Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 25,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

The Berger Singerman attorneys included in the 2009 edition are:

·        James L. Berger - Real Estate Law

·        Mitchell W. Berger - Commercial Litigation

·        John D. Eaton - Bankruptcy and Creditor-Debtor Rights Law

·        Brian K. Gart - Bankruptcy and Creditor-Debtor Rights Law

·        Jordi Guso - Bankruptcy and Creditor-Debtor Rights Law

·        Melanie Ann Hines - Administrative Law

·        Charles H. Lichtman – Commercial Litigation

·        Daniel D. Mielnicki – Tax Law

·        Sheldon S. Polish - Tax Law

·        Leonard K. Samuels - Labor and Employment Law

·        John “Jack” C. Shawde - Bankruptcy and Creditor-Debtor Rights Law

·        Paul Steven Singerman - Bankruptcy and Creditor-Debtor Rights Law

·        Arthur J. Spector - Bankruptcy and Creditor-Debtor Rights Law

·        Daniel H. Thompson - Administrative Law, Environmental Law

·        Bruce L. Udolf - Non-White-Collar Criminal Defense, White-Collar Criminal Defense


Michael E. Starrs Joins Bodman LLP as COO
Firm News/Michigan | 2008/12/17 18:25
Starrs has broad experience in law firm management. Before joining Bodman, he served for 16 years as chief operating officer and chief financial officer for a large Detroit-based law firm with offices in multiple states. He also served for more than ten years as a senior audit manager at Price Waterhouse in its Detroit and London offices.

“We conducted a national search and are delighted to have found a highly experienced and capable professional like Mike Starrs here in Detroit,” said Bodman LLP Chairman Larry R. Shulman. “His diverse talents will be of great benefit to Bodman moving forward.”

Starrs attended Western Michigan University and earned a Bachelor’s degree from Boston College. He is a Certified Public Accountant and an active member of the Michigan Association of Certified Public Accountants, American Institute of Certified Public Accountants, Association of Legal Administrators and the Association of Certified Fraud Examiners.

Starrs will replace Bodman’s Executive Director, Laura A. Collins, who is retiring in January 2009 following a career of more than 44 years with the firm.


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