http://www.judged.com/jdfirmrssfeed_ny.php Judged Law Firm en-us (C) 2006 Judged. All rights reserved. contact@judged.com(Judged) contact@judged.com Wed, 08 Oct 2008 00:40:13 -0500 Law Firms http://www.judged.com/jdfirmrssfeed_ny.php 60 http://www.judged.com/images/xml_rss_feed.gif http://www.judged.com/jdfirmrssfeed_ny.php Address : Suite 126125 Wolf Road, Phone : 518-459-0808, City : Albany H&H's Business Finance Group represented the agent's in connection with a $500 Million senior secured cross border syndicated credit facility structured and agented by one of the country's largest diversified financial institutions and provided to a major global participant in the wireless industry. Partners Steve Seif and Dan Krauss, Counsel Mark Cohen and Associate Emily Fishman handled the matter H&H's Business Finance Group represented the agent's in connection with a $500 Million senior secured cross border syndicated credit facility structured and agented by one of the country's largest diversified financial institutions and provided to a major global participant in the wireless industry. Partners Steve Seif and Dan Krauss, Counsel Mark Cohen and Associate Emily Fishman handled the matter Hahn & Hessen LLP has been selected as counsel to the Official Committee of Unsecured Creditors in the Chapter 11 case of American Home Mortgage Investment Corp. filed in Delaware Bankruptcy Court on August 6, 2007. The firm is also currently representing the Official Creditors' Committees in the Delaware Chapter 11 filings of sub prime lenders, New Century and Resmae. Jeff Schwartz, Mark Indelicato and Mark Power, all partners in the firmís bankruptcy group, lead the team in all three cases. The case is expected to follow a track not dissimilar to New Century in that there are currently motions before the Court to sell the servicing platform on an expedited basis as well to establish procedures for selling other financial assets that the debtor may own, including residual interests, scratch and dent loans and other miscellaneous assets. We are hopeful that our experience in the insolvency arena coupled with our knowledge of the issues peculiar to distressed mortgage lenders will enable us to assist the Committee in maximizing creditor returns, said Partner Jeffery L. Schwartz. Hahn & Hessen LLP has been selected as counsel to the Official Committee of Unsecured Creditors in the Chapter 11 case of American Home Mortgage Investment Corp. filed in Delaware Bankruptcy Court on August 6, 2007. The firm is also currently representing the Official Creditors' Committees in the Delaware Chapter 11 filings of sub prime lenders, New Century and Resmae. Jeff Schwartz, Mark Indelicato and Mark Power, all partners in the firmís bankruptcy group, lead the team in all three cases. The case is expected to follow a track not dissimilar to New Century in that there are currently motions before the Court to sell the servicing platform on an expedited basis as well to establish procedures for selling other financial assets that the debtor may own, including residual interests, scratch and dent loans and other miscellaneous assets. We are hopeful that our experience in the insolvency arena coupled with our knowledge of the issues peculiar to distressed mortgage lenders will enable us to assist the Committee in maximizing creditor returns, said Partner Jeffery L. Schwartz. H&H, representing Greensboro, NC based, TradeWinds Airlines and TradeWinds Holdings, received a favorable and unanimous (9-0) verdict following a 7-day federal jury trial before the Honorable George B. Daniels in the United States District Court for the Southern District of New York. The trial involved a complex commercial dispute concerning the sale of an airline business, anti-competitive issues, breaches of contractual obligations, and a multitude of other issues. TradeWinds, being the defendant, was sued back in July 2003, and was forced to defend multi-million dollar claims, and required to prosecute a number of counterclaims and defenses. The jury found, after hours of deliberation, that the plaintiffs failed to demonstrate a material breach by TradeWinds of the complicated contractual framework, and found, conversely, that TradeWinds proved, by a preponderance of the evidence, that plaintiffs and the third-party defendant materially breached the contracts and awarded TradeWinds nearly $750,000 in damages. A claim for attorneys' fees will follow. Partner Zach Newman and Associate Christina Kang handled the matter. H&H, representing Greensboro, NC based, TradeWinds Airlines and TradeWinds Holdings, received a favorable and unanimous (9-0) verdict following a 7-day federal jury trial before the Honorable George B. Daniels in the United States District Court for the Southern District of New York. The trial involved a complex commercial dispute concerning the sale of an airline business, anti-competitive issues, breaches of contractual obligations, and a multitude of other issues. TradeWinds, being the defendant, was sued back in July 2003, and was forced to defend multi-million dollar claims, and required to prosecute a number of counterclaims and defenses. The jury found, after hours of deliberation, that the plaintiffs failed to demonstrate a material breach by TradeWinds of the complicated contractual framework, and found, conversely, that TradeWinds proved, by a preponderance of the evidence, that plaintiffs and the third-party defendant materially breached the contracts and awarded TradeWinds nearly $750,000 in damages. A claim for attorneys' fees will follow. Partner Zach Newman and Associate Christina Kang handled the matter. http://www.judged.com/jdfirmdetail.php?firmid=980 http://www.judged.com/jdfirmdetail.php?firmid=980&page=1 Address : 3400 HSBC Center, Phone : 716-847-8400, City : Buffalo Marc W. Brown, an attorney with Phillips Lytle LLP, a full service law firm with statewide coverage, was recognized with an Up & Coming Attorney Award by The Daily Record. Nine Buffalo and Rochester area attorneys were honored this year. The Up & Coming Attorney Award is given annually to attorneys admitted 10 years or less who have distinguished themselves from their peers by demonstrating a strong commitment to the legal profession and the community at large. At Phillips Lytle, Mr. Brown concentrates his practice in the area of litigation pertaining to contractual disputes, real property, personal injury, products liability, toxic torts and collection enforcement. He earned a J.D. from University at Buffalo Law School - The State University of New York, a M.B.A. from State University of New York at Binghamton, School of Management and a B.A. from Harpur College at the State University of New York at Binghamton. Mr. Brown is a member of the American, New York State and Erie County Bar Associations and remains active with the University at Buffalo Law School Alumni Association serving on the board of directors and the GOLD Group board of directors. Marc W. Brown, an attorney with Phillips Lytle LLP, a full service law firm with statewide coverage, was recognized with an Up & Coming Attorney Award by The Daily Record. Nine Buffalo and Rochester area attorneys were honored this year. The Up & Coming Attorney Award is given annually to attorneys admitted 10 years or less who have distinguished themselves from their peers by demonstrating a strong commitment to the legal profession and the community at large. At Phillips Lytle, Mr. Brown concentrates his practice in the area of litigation pertaining to contractual disputes, real property, personal injury, products liability, toxic torts and collection enforcement. He earned a J.D. from University at Buffalo Law School - The State University of New York, a M.B.A. from State University of New York at Binghamton, School of Management and a B.A. from Harpur College at the State University of New York at Binghamton. Mr. Brown is a member of the American, New York State and Erie County Bar Associations and remains active with the University at Buffalo Law School Alumni Association serving on the board of directors and the GOLD Group board of directors. David J. McNamara, a Partner with Phillips Lytle LLP, a full service law firm with statewide coverage, has been appointed the firm's Managing Partner, effective October 15, 2007. Morgan G. Graham, who has been the firm's Managing Partner since 2001, will resume his full time practice in the areas of environment, energy, land-use and development. The appointment of Mr. McNamara comes as Phillips Lytle is in the process of finalizing a long-term strategic plan that identifies new opportunities for future growth and success. "Little did I know that my original commitment to serve as Managing Partner for three years would extend to almost six years. That is what happens when you enjoy what you are doing, are part of a prestigious firm with great clients, and collaborate with so many talented legal professionals," said Graham. "In order for any business' strategic plan to achieve success, it must be skillfully and timely executed. David was the choice to guide the firm through the implementation phase of our long-term strategic plan and well into the future. I wish him the best in his new role with Phillips Lytle." "No matter how successful an organization is, it should continuously strive to improve the quality of the services it provides and the environment in which its employees work," said McNamara. "Our strategic plan will give us a framework for our business by focusing on continuous sustained improvement in those two areas. I look forward to helping shape the future of Phillips Lytle with our attorneys and staff for the benefit of our clients and the community." An attorney with Phillips Lytle since 1986, Mr. McNamara has been a member of the firm's Governing Committee, and is currently a member of the Strategic Planning Committee. He also served as Trial Department Administrator from 2002-2005. Mr. McNamara maintains offices in both Buffalo and New York City, concentrating his practice in the area of general commercial litigation and has represented individuals, corporations and financial institutions in complex commercial litigation. A member of the American, New York State and Erie County Bar Associations, he earned his J.D. from Louis D. Brandeis School of Law at University of Louisville and his B.S. from State University of New York College at Brockport. Mr. McNamara sits on the board of directors for the Federal Bureau of Investigation Citizen's Academy. He resides with his family in Hamburg. "On behalf of all of the attorneys and staff within Phillips Lytle's Albany office, we thank Morgan for his guidance, particularly with the expansion of the firm's Albany operations," said Richard E. Honen., Partner-In-Charge, Albany. "We look forward to the future of the firm under David's leadership." David J. McNamara, a Partner with Phillips Lytle LLP, a full service law firm with statewide coverage, has been appointed the firm's Managing Partner, effective October 15, 2007. Morgan G. Graham, who has been the firm's Managing Partner since 2001, will resume his full time practice in the areas of environment, energy, land-use and development. The appointment of Mr. McNamara comes as Phillips Lytle is in the process of finalizing a long-term strategic plan that identifies new opportunities for future growth and success. "Little did I know that my original commitment to serve as Managing Partner for three years would extend to almost six years. That is what happens when you enjoy what you are doing, are part of a prestigious firm with great clients, and collaborate with so many talented legal professionals," said Graham. "In order for any business' strategic plan to achieve success, it must be skillfully and timely executed. David was the choice to guide the firm through the implementation phase of our long-term strategic plan and well into the future. I wish him the best in his new role with Phillips Lytle." "No matter how successful an organization is, it should continuously strive to improve the quality of the services it provides and the environment in which its employees work," said McNamara. "Our strategic plan will give us a framework for our business by focusing on continuous sustained improvement in those two areas. I look forward to helping shape the future of Phillips Lytle with our attorneys and staff for the benefit of our clients and the community." An attorney with Phillips Lytle since 1986, Mr. McNamara has been a member of the firm's Governing Committee, and is currently a member of the Strategic Planning Committee. He also served as Trial Department Administrator from 2002-2005. Mr. McNamara maintains offices in both Buffalo and New York City, concentrating his practice in the area of general commercial litigation and has represented individuals, corporations and financial institutions in complex commercial litigation. A member of the American, New York State and Erie County Bar Associations, he earned his J.D. from Louis D. Brandeis School of Law at University of Louisville and his B.S. from State University of New York College at Brockport. Mr. McNamara sits on the board of directors for the Federal Bureau of Investigation Citizen's Academy. He resides with his family in Hamburg. "On behalf of all of the attorneys and staff within Phillips Lytle's Albany office, we thank Morgan for his guidance, particularly with the expansion of the firm's Albany operations," said Richard E. Honen., Partner-In-Charge, Albany. "We look forward to the future of the firm under David's leadership." David J. McNamara, a Partner with Phillips Lytle LLP, a full service law firm with statewide coverage, has been appointed the firm's Managing Partner, effective October 15, 2007. Morgan G. Graham, who has been the firm's Managing Partner since 2001, will resume his full time practice in the areas of environment, energy, land-use and development. The appointment of Mr. McNamara comes as Phillips Lytle is in the process of finalizing a long-term strategic plan that identifies new opportunities for future growth and success. "Little did I know that my original commitment to serve as Managing Partner for three years would extend to almost six years. That is what happens when you enjoy what you are doing, are part of a prestigious firm with great clients, and collaborate with so many talented legal professionals," said Graham. "In order for any business' strategic plan to achieve success, it must be skillfully and timely executed. David was the choice to guide the firm through the implementation phase of our long-term strategic plan and well into the future. I wish him the best in his new role with Phillips Lytle." "No matter how successful an organization is, it should continuously strive to improve the quality of the services it provides and the environment in which its employees work," said McNamara. "Our strategic plan will give us a framework for our business by focusing on continuous sustained improvement in those two areas. I look forward to helping shape the future of Phillips Lytle with our attorneys and staff for the benefit of our clients and the community." An attorney with Phillips Lytle since 1986, Mr. McNamara has been a member of the firm's Governing Committee, and is currently a member of the Strategic Planning Committee. He also served as Trial Department Administrator from 2002-2005 Mr. McNamara maintains offices in both Buffalo and New York City, concentrating his practice in the area of general commercial litigation and has represented individuals, corporations and financial institutions in complex commercial litigation. A member of the American, New York State and Erie County Bar Associations, he earned his J.D. from Louis D. Brandeis School of Law at University of Louisville and his B.S. from State University of New York College at Brockport. Mr. McNamara sits on the board of directors for the Federal Bureau of Investigation Citizen's Academy. He resides with his family in Hamburg. David J. McNamara, a Partner with Phillips Lytle LLP, a full service law firm with statewide coverage, has been appointed the firm's Managing Partner, effective October 15, 2007. Morgan G. Graham, who has been the firm's Managing Partner since 2001, will resume his full time practice in the areas of environment, energy, land-use and development. The appointment of Mr. McNamara comes as Phillips Lytle is in the process of finalizing a long-term strategic plan that identifies new opportunities for future growth and success. "Little did I know that my original commitment to serve as Managing Partner for three years would extend to almost six years. That is what happens when you enjoy what you are doing, are part of a prestigious firm with great clients, and collaborate with so many talented legal professionals," said Graham. "In order for any business' strategic plan to achieve success, it must be skillfully and timely executed. David was the choice to guide the firm through the implementation phase of our long-term strategic plan and well into the future. I wish him the best in his new role with Phillips Lytle." "No matter how successful an organization is, it should continuously strive to improve the quality of the services it provides and the environment in which its employees work," said McNamara. "Our strategic plan will give us a framework for our business by focusing on continuous sustained improvement in those two areas. I look forward to helping shape the future of Phillips Lytle with our attorneys and staff for the benefit of our clients and the community." An attorney with Phillips Lytle since 1986, Mr. McNamara has been a member of the firm's Governing Committee, and is currently a member of the Strategic Planning Committee. He also served as Trial Department Administrator from 2002-2005 Mr. McNamara maintains offices in both Buffalo and New York City, concentrating his practice in the area of general commercial litigation and has represented individuals, corporations and financial institutions in complex commercial litigation. A member of the American, New York State and Erie County Bar Associations, he earned his J.D. from Louis D. Brandeis School of Law at University of Louisville and his B.S. from State University of New York College at Brockport. Mr. McNamara sits on the board of directors for the Federal Bureau of Investigation Citizen's Academy. He resides with his family in Hamburg. http://www.judged.com/jdfirmdetail.php?firmid=1879 http://www.judged.com/jdfirmdetail.php?firmid=1879&page=47 Address : 150 State Street, Phone : 518-465-8230, City : Albany http://www.judged.com/jdfirmdetail.php?firmid=572 http://www.judged.com/jdfirmdetail.php?firmid=572&page=3 Address : One Steuben Place, Phone : 518-449-8893, City : Albany http://www.judged.com/jdfirmdetail.php?firmid=2560 http://www.judged.com/jdfirmdetail.php?firmid=2560&page=4 Address : 540 BroadwayP.O. Box 22222, Phone : 518-426-4600, City : Albany http://www.judged.com/jdfirmdetail.php?firmid=515 http://www.judged.com/jdfirmdetail.php?firmid=515&page=5 Address : One Commerce Plaza, Phone : 518-487-7600, City : Albany Whiteman Osterman & Hanna LLP, has launched a CleanTech practice to support the rapidly expanding business sector focused on cleaner energy technologies. CleanTech represents a range of technologies emerging in response to global climate change, energy independence and energy security, including renewable energy, demand reduction, sustainable building and other green technologies, according to Terresa Bakner, who chairs the CleanTech practice. "Over the last 32 years, Whiteman Osterman & Hanna has developed an unparalleled expertise in energy and the environment, so it makes sense that we would broaden our focus to include CleanTech, an industry experiencing explosive growth in a highly competitive field. By its very nature, this new industry requires an in-depth understanding and management of various legal issues," said Philip Gitlen, co-managing partner of Whiteman Osterman & Hanna. "As these innovative technologies develop, we want to use our expertise to assure that New York State maintains its position as a leader in clean technology," he continued, noting that Whiteman Osterman & Hanna has review of major projects, including power plants, utilization of tax credits and significant experience in land-use and zoning, the siting and environmental incentives, sustainable building practices and municipal finance. Whiteman Osterman & Hanna LLP, has launched a CleanTech practice to support the rapidly expanding business sector focused on cleaner energy technologies. CleanTech represents a range of technologies emerging in response to global climate change, energy independence and energy security, including renewable energy, demand reduction, sustainable building and other green technologies, according to Terresa Bakner, who chairs the CleanTech practice. "Over the last 32 years, Whiteman Osterman & Hanna has developed an unparalleled expertise in energy and the environment, so it makes sense that we would broaden our focus to include CleanTech, an industry experiencing explosive growth in a highly competitive field. By its very nature, this new industry requires an in-depth understanding and management of various legal issues," said Philip Gitlen, co-managing partner of Whiteman Osterman & Hanna. "As these innovative technologies develop, we want to use our expertise to assure that New York State maintains its position as a leader in clean technology," he continued, noting that Whiteman Osterman & Hanna has review of major projects, including power plants, utilization of tax credits and significant experience in land-use and zoning, the siting and environmental incentives, sustainable building practices and municipal finance. Whiteman Osterman & Hanna LLP, the Capital Region's largest law firm, has named Randall S. Beach partner. Mr. Beach, of Clifton Park, joined the firm in 2002 and is a member of the Real Estate Development, Zoning and Land Use Practice Group. His principal area of practice is commercial real estate, real estate development and base closure law. He has assisted in the economic revitalization of communities affected by military base closure and is experienced with regard to the acquisition, disposition, development and re-development of commercial and corporate real property, commercial leasing, construction law, financing and land use matters. Mr. Beach holds a B.A. in political science from Union College and graduated from Boston University School of Law. He is a member of the New York State Bar Association, the American Bar Association, the Albany County Bar Association, and the Capital Region Building Owners and Managers Association. He is also a member of the Board of Directors of Junior Achievement of Northeastern New York, Inc., a member of the Board of Directors of CASA New York State, a member of the Board of Directors of Literacy Volunteers - Mohawk/Hudson, Inc., and a member of the Community Affairs Committee of the Southern Saratoga Chamber of Commerce. Whiteman Osterman & Hanna LLP, the Capital Region's largest law firm, has named Randall S. Beach partner. Mr. Beach, of Clifton Park, joined the firm in 2002 and is a member of the Real Estate Development, Zoning and Land Use Practice Group. His principal area of practice is commercial real estate, real estate development and base closure law. He has assisted in the economic revitalization of communities affected by military base closure and is experienced with regard to the acquisition, disposition, development and re-development of commercial and corporate real property, commercial leasing, construction law, financing and land use matters. Mr. Beach holds a B.A. in political science from Union College and graduated from Boston University School of Law. He is a member of the New York State Bar Association, the American Bar Association, the Albany County Bar Association, and the Capital Region Building Owners and Managers Association. He is also a member of the Board of Directors of Junior Achievement of Northeastern New York, Inc., a member of the Board of Directors of CASA New York State, a member of the Board of Directors of Literacy Volunteers - Mohawk/Hudson, Inc., and a member of the Community Affairs Committee of the Southern Saratoga Chamber of Commerce. Lorraine Power Tharp, a partner in the Albany law firm of Whiteman Osterman & Hanna LLP and past president of the New York State Bar Association, has been appointed to the Bar Association's Special Committee on the Civil Rights Agenda. This 23 member blue-ribbon panel of leading public officials, bar leaders and practitioners was established late last year to develop realizable goals in the continuing effort to break down racial barriers, increase racial diversity in the legal system and the legal profession, and advance the cause of civil rights. It is chaired by former New York State Court of Appeals Associate Judge, George Bundy Smith. "It is an honor to be a member of a panel committed to challenging the legal profession to take a leadership position in the ongoing effort to advance the legal profession's civil rights agenda," said Ms. Power Tharp. "Attorneys have played a key role in promoting the cause of civil rights and breaking down racial barriers so it is a natural outgrowth of this to continue to examine our position and strengthen it." A resident of Saratoga Springs, Ms. Power Tharp chairs the commercial real estate practice group of Whiteman Osterman & Hanna. She served as president of the New York State Bar Association during 2002-2003, is past chair of the City of Saratoga Springs Planning Board and currently chairs the New York Thoroughbred Breeding and Development Fund Board. She is also a member of the board of directors of the Saratoga Performing Arts Center, a member of the board of trustees of Saratoga Care Inc., and a commissioner of the New York State Racing Commission. Ms. Power Tharp is a graduate of Smith College and of the Cornell School of Law. Lorraine Power Tharp, a partner in the Albany law firm of Whiteman Osterman & Hanna LLP and past president of the New York State Bar Association, has been appointed to the Bar Association's Special Committee on the Civil Rights Agenda. This 23 member blue-ribbon panel of leading public officials, bar leaders and practitioners was established late last year to develop realizable goals in the continuing effort to break down racial barriers, increase racial diversity in the legal system and the legal profession, and advance the cause of civil rights. It is chaired by former New York State Court of Appeals Associate Judge, George Bundy Smith. "It is an honor to be a member of a panel committed to challenging the legal profession to take a leadership position in the ongoing effort to advance the legal profession's civil rights agenda," said Ms. Power Tharp. "Attorneys have played a key role in promoting the cause of civil rights and breaking down racial barriers so it is a natural outgrowth of this to continue to examine our position and strengthen it." A resident of Saratoga Springs, Ms. Power Tharp chairs the commercial real estate practice group of Whiteman Osterman & Hanna. She served as president of the New York State Bar Association during 2002-2003, is past chair of the City of Saratoga Springs Planning Board and currently chairs the New York Thoroughbred Breeding and Development Fund Board. She is also a member of the board of directors of the Saratoga Performing Arts Center, a member of the board of trustees of Saratoga Care Inc., and a commissioner of the New York State Racing Commission. Ms. Power Tharp is a graduate of Smith College and of the Cornell School of Law. http://www.judged.com/jdfirmdetail.php?firmid=2513 http://www.judged.com/jdfirmdetail.php?firmid=2513&page=6 Address : 111 Washington AvenueSuite 303, Phone : 518-434-4377, City : Albany Harter Secrest & Emery is pleased to announce that Joseph A. Gawlowicz, Rachel E. Morrissey and Thomas M. Tuori have joined the firm as associates. Joseph Gawlowicz joined the firm's Labor and Employment Law group. He will concentrate his practice on researching key labor and employment issues and strategies to help advise employers involved in litigation as well as to help counsel employers in their day to day operations. In addition, he has been involved with developing internal and external continuing legal education programs for attorneys concerning e-discovery in litigation and the latest updates to the Federal Rules of Civil Procedure. Joseph received his J.D. from the State University of New York at Buffalo Law School, and a M.S. and B.F.A, magna cum laude, from the Rochester Institute of Technology. He resides in Rochester, N.Y. Rachel Morrissey has joined the firm's Employee Benefits Group and will concentrate her practice on preparing plan documents for tax-qualified pension and welfare plans, preparing amendments for such plans, advising clients on the administration of such plans, assisting clients with ERISA reporting and disclosure requirements, and assisting clients regarding IRS and DOL remedial correction programs. Rachel received her J.D. from Harvard Law School and her B.A., magna cum laude, from the University of Rochester. She resides in Rochester, N.Y. Thomas Tuori joined the firm's Environmental Practice Group. He will concentrate his practice on advising clients regarding environmental liabilities, environmental permitting, zoning and State Environmental Quality Review Act requirements. Prior to attending law school, Tom spent more than 16 years as an environmental consultant. He received his J.D., summa cum laude, from the State University of New York at Buffalo Law School, where he received the John N. Bennett Prize for the highest academic achievement in the graduating class, and his B.S. in Environmental Engineering from the University of Rochester. He resides in Rochester, N.Y and is a member of the City of Rochester Environmental Commission. Harter Secrest & Emery is pleased to announce that Joseph A. Gawlowicz, Rachel E. Morrissey and Thomas M. Tuori have joined the firm as associates. Joseph Gawlowicz joined the firm's Labor and Employment Law group. He will concentrate his practice on researching key labor and employment issues and strategies to help advise employers involved in litigation as well as to help counsel employers in their day to day operations. In addition, he has been involved with developing internal and external continuing legal education programs for attorneys concerning e-discovery in litigation and the latest updates to the Federal Rules of Civil Procedure. Joseph received his J.D. from the State University of New York at Buffalo Law School, and a M.S. and B.F.A, magna cum laude, from the Rochester Institute of Technology. He resides in Rochester, N.Y. Rachel Morrissey has joined the firm's Employee Benefits Group and will concentrate her practice on preparing plan documents for tax-qualified pension and welfare plans, preparing amendments for such plans, advising clients on the administration of such plans, assisting clients with ERISA reporting and disclosure requirements, and assisting clients regarding IRS and DOL remedial correction programs. Rachel received her J.D. from Harvard Law School and her B.A., magna cum laude, from the University of Rochester. She resides in Rochester, N.Y. Thomas Tuori joined the firm's Environmental Practice Group. He will concentrate his practice on advising clients regarding environmental liabilities, environmental permitting, zoning and State Environmental Quality Review Act requirements. Prior to attending law school, Tom spent more than 16 years as an environmental consultant. He received his J.D., summa cum laude, from the State University of New York at Buffalo Law School, where he received the John N. Bennett Prize for the highest academic achievement in the graduating class, and his B.S. in Environmental Engineering from the University of Rochester. He resides in Rochester, N.Y and is a member of the City of Rochester Environmental Commission. John Elmore joined a notable group of Buffalo public figures to address area high school students on the importance of staying on the right side of the law. The state court system's local Committee to Promote Public Trust and Confidence in the Court sponsored the event, which featured Buffalo Mayor Byron W. Brown, Police Commissioner H. McCarthy Gipson, District Attorney Frank J. Clark, State Supreme Court Justice Penny M. Wolfgang, and federal prosecutor William Hochul. Speakers noted the life changing effects of criminal violence and illustrated the harsh reality of jail time in an effort to steer students clear of the wrong side of the legal system. John Elmore joined a notable group of Buffalo public figures to address area high school students on the importance of staying on the right side of the law. The state court system's local Committee to Promote Public Trust and Confidence in the Court sponsored the event, which featured Buffalo Mayor Byron W. Brown, Police Commissioner H. McCarthy Gipson, District Attorney Frank J. Clark, State Supreme Court Justice Penny M. Wolfgang, and federal prosecutor William Hochul. Speakers noted the life changing effects of criminal violence and illustrated the harsh reality of jail time in an effort to steer students clear of the wrong side of the legal system. The law firm of Harter Secrest & Emery LLP is pleased to announce that Jeffrey A. Wadsworth has joined the firm as an associate in the Litigation Group. Jeff concentrates his practice in the areas of general, appellate/Supreme Court, and antitrust litigation. Prior to joining the firm, he practiced litigation in the Washington D.C. office of Gibson, Dunn & Crutcher, LLP. Jeff also previously served as Counsel to the Assistant Attorney General in the Civil Division of the U.S. Department of Justice, and he is a former law clerk to the Honorable Karen J. Williams of the United States Court of Appeals for the Fourth Circuit. Jeff received his J.D., with highest honors, from George Washington University and his B.A. from the College of William and Mary. He resides in Pittsford. The law firm of Harter Secrest & Emery LLP is pleased to announce that Jeffrey A. Wadsworth has joined the firm as an associate in the Litigation Group. Jeff concentrates his practice in the areas of general, appellate/Supreme Court, and antitrust litigation. Prior to joining the firm, he practiced litigation in the Washington D.C. office of Gibson, Dunn & Crutcher, LLP. Jeff also previously served as Counsel to the Assistant Attorney General in the Civil Division of the U.S. Department of Justice, and he is a former law clerk to the Honorable Karen J. Williams of the United States Court of Appeals for the Fourth Circuit. Jeff received his J.D., with highest honors, from George Washington University and his B.A. from the College of William and Mary. He resides in Pittsford. http://www.judged.com/jdfirmdetail.php?firmid=1022 http://www.judged.com/jdfirmdetail.php?firmid=1022&page=7 Address : 50 Beaver Street, Phone : 518-434-2163, City : Albany Hiscock & Barclay, LLP announces the continued expansion of its intellectual property practice with the addition of Peter J. Bilinski as Partner in the Firm's Syracuse office. Bilinski has extensive experience in the preparation and prosecution of U.S. and international patent and trademark applications representing individuals, corporations, and higher education institutions. Bilinski joins Hiscock & Barclay's Intellectual Property and Technology practice from the firm originally known as Wall Marjama and Bilinski, LLP, and more recently re-named Marjama and Bilinski after founding partner Tom Wall joined Hiscock & Barclay earlier this year. Bilinski was a founding shareholder of the original firm. In addition to expertise in patent preparation and prosecution, he has successfully assisted businesses with due diligence investigations, patent and trademark validity and infringement opinions as well as transactional support relating to the sale and licensing of intellectual property assets. Prior to private practice, Bilinski was an attorney in the Patent Department of the Eastman Kodak Company, where he specialized in patent prosecution and preparation matters as well as the preparation of validity and infringement opinions. Before that he was a design engineer for over 10 years with the Eastman Kodak Company in their Government Systems Division. Bilinski graduated from the Franklin Pierce Law Center, magna cum laude, and received his B.S. in mechanical and industrial engineering from Clarkson University. Hiscock & Barclay, LLP announces the continued expansion of its intellectual property practice with the addition of Peter J. Bilinski as Partner in the Firm's Syracuse office. Bilinski has extensive experience in the preparation and prosecution of U.S. and international patent and trademark applications representing individuals, corporations, and higher education institutions. Bilinski joins Hiscock & Barclay's Intellectual Property and Technology practice from the firm originally known as Wall Marjama and Bilinski, LLP, and more recently re-named Marjama and Bilinski after founding partner Tom Wall joined Hiscock & Barclay earlier this year. Bilinski was a founding shareholder of the original firm. In addition to expertise in patent preparation and prosecution, he has successfully assisted businesses with due diligence investigations, patent and trademark validity and infringement opinions as well as transactional support relating to the sale and licensing of intellectual property assets. Prior to private practice, Bilinski was an attorney in the Patent Department of the Eastman Kodak Company, where he specialized in patent prosecution and preparation matters as well as the preparation of validity and infringement opinions. Before that he was a design engineer for over 10 years with the Eastman Kodak Company in their Government Systems Division. Bilinski graduated from the Franklin Pierce Law Center, magna cum laude, and received his B.S. in mechanical and industrial engineering from Clarkson University. Neil D. Breslin has joined the Albany Office of Hiscock & Barclay, LLP. Breslin brings over 30 years of experience in real estate, torts litigation, and trusts and estates law to the firm. He presently serves as New York State Senator representing the 46th District, which consists entirely of Albany County. As a State Senator he participates on numerous committees, including the Insurance, Agriculture, Banks, Codes, Judiciary and Labor committees. Breslin also participates on many professional organizations including the Character and Fitness Committee for the Appellate Division, 3rd Dept., the National Council of Insurance Legislators, and the New York State Bar Association, holding many leadership positions throughout his years of service. Breslin's civic activities include 15 years as a board member of Arbor House, seven of which were served as President. Arbor House is an Albany area residence facility that assists women in need. He also served four years as Vice President of the Interfaith Partnership for the Homeless. In 1997, Breslin received the Distinguished Public Service Award from the Nelson A. Rockefeller College of Public Affairs and Policy. Breslin is a graduate of Fordham University and received his law degree from the University of Toledo Law School. Neil D. Breslin has joined the Albany Office of Hiscock & Barclay, LLP. Breslin brings over 30 years of experience in real estate, torts litigation, and trusts and estates law to the firm. He presently serves as New York State Senator representing the 46th District, which consists entirely of Albany County. As a State Senator he participates on numerous committees, including the Insurance, Agriculture, Banks, Codes, Judiciary and Labor committees. Breslin also participates on many professional organizations including the Character and Fitness Committee for the Appellate Division, 3rd Dept., the National Council of Insurance Legislators, and the New York State Bar Association, holding many leadership positions throughout his years of service. Breslin's civic activities include 15 years as a board member of Arbor House, seven of which were served as President. Arbor House is an Albany area residence facility that assists women in need. He also served four years as Vice President of the Interfaith Partnership for the Homeless. In 1997, Breslin received the Distinguished Public Service Award from the Nelson A. Rockefeller College of Public Affairs and Policy. Breslin is a graduate of Fordham University and received his law degree from the University of Toledo Law School. Hiscock & Barclay, LLP is pleased to announce that Nicholas A. Scarfone has joined the Rochester office as Counsel. Scarfone specializes in tax-driven business transactions and ventures, estate planning, and employment arrangements. He is experienced in counseling clients on real estate transactions (including like-kind exchanges) and business reorganizations, as well as complicated partnership deals. Scarfone is a graduate of Syracuse University College of Law, J.D., 1997, and St. John Fisher College, B.S., 1993, magna cum laude. Scarfone is admitted to practice in New York and the United States Tax Court. He is a member of the New York State Bar Association and the Monroe County Bar Association and is a frequent speaker on tax and business law topics for the New York State Bar Association. Scarfone is also a Certified Public Accountant. Hiscock & Barclay, LLP is pleased to announce that Nicholas A. Scarfone has joined the Rochester office as Counsel. Scarfone specializes in tax-driven business transactions and ventures, estate planning, and employment arrangements. He is experienced in counseling clients on real estate transactions (including like-kind exchanges) and business reorganizations, as well as complicated partnership deals. Scarfone is a graduate of Syracuse University College of Law, J.D., 1997, and St. John Fisher College, B.S., 1993, magna cum laude. Scarfone is admitted to practice in New York and the United States Tax Court. He is a member of the New York State Bar Association and the Monroe County Bar Association and is a frequent speaker on tax and business law topics for the New York State Bar Association. Scarfone is also a Certified Public Accountant. http://www.judged.com/jdfirmdetail.php?firmid=1093 http://www.judged.com/jdfirmdetail.php?firmid=1093&page=8 Address : 1600 Main Place Tower, Phone : 716-853-8100, City : Buffalo On August 11, 2006, the Securities and Exchange Commission released final rules regarding the disclosure requirements for executive and director compensation, related party transactions, director independence, and other corporate governance matters. The final rules are designed to provide shareholders with a clearer and more complete picture of director and officer compensation. They are also designed to add transparency to key financial relationships among companies and their executive officers, directors, significant shareholders, and their respective immediate family members. The final rules are available on the Commission's website.1 We will be releasing a number of Securities Law Alerts that address the changes required by the new rules and highlight the actions you should consider taking now to prepare for next proxy season. This Securities Law Alert will review the amendments to the Form 8-K disclosure requirements, which will be effective sixty days from publication of these rules in the federal register, or approximately mid-October. Updates to Items 1.01, 1.02 and 5.02 and the General Instructions of Form 8-K The final rules amend Items 1.01 and 5.02 of Form 8-K (and by reference, Item 1.02 of Form 8-K). These significant changes concern disclosure of material compensation plans, contracts, or arrangements, including plans relating to options, warrants, or rights, retirement, or deferred compensation, or bonus, incentive, or profit sharing plans between a company and a named executive officer. The Commission adopted these modifications to Form 8-K in light of the increased frequency, since the effectiveness of the extensive Form 8-K reforms in August 2004, of disclosure under Item 1.01 and 1.02 of director and officer compensation that falls short of the "unquestionably or presumptively material" standard the Commission intended for the expanded Form 8-K disclosure items.2 The amendments to Form 8-K eliminate employment compensation agreements from the scope of Item 1.01, and instead expand the disclosure required by Item 5.02 to cover only those compensation agreements with named executive officers3 that are clearly unquestionably or presumptively material. The amendments to Form 8-K: Add a new Item 5.02(e) to Form 8-K that requires the disclosure of the adoption, material modification or amendment of, or material grant or award that is made or materially modified under any compensatory plan, contract or arrangement in which a principal executive officer, principal financial officer, or named executive officer participates. Disclosure under this new Item 5.02(e) is required whether or not the occurrence is in connection with a triggering event specified in Item 5.02 (the appointment, retirement, resignation or termination of a covered officer or director). However, grants or awards under or modifications made to these agreements do not have to be disclosed in a Form 8-K if the awards, grants, or modifications thereto are consistent with the original terms of the agreement, and the award or grant is disclosed the next time Item 402 reporting is required. For example, if a named executive officer enters into an employment agreement that contemplates future option grants, such grants would not have to be disclosed in a Form 8-K at the time of the grant so long as this information is provided the next time Item 402 information is required (i.e. a company's annual proxy statement). Add a new Item 5.02(f) to Form 8-K requiring disclosure of the payment, grant or award of a named executive officer's salary or bonus for the most recently completed fiscal year, if that information was omitted from the Summary Compensation Table because it was not available at the time of filing the company's Item 402 disclosure in its annual report or proxy. Such Form 8-K also must include a new total compensation figure for the named executive officer, based upon information that was previously provided in the Summary Compensation Table.4 Add an instruction to Item 5.02 of Form 8-K that clarifies that disclosure regarding compensatory arrangements is not required under Item 5.02 to the extent that such arrangements do not discriminate in favor of executive officers or directors and are generally available to all salaried employees. Expand the persons to which the retirement, resignation or termination provisions of Item 5.02(b) apply to include all named executive officers for the company's previous fiscal year in addition to the persons to whom Item 5.02(b) previously applied: principal executive officer, president, principal financial officer, principal account officer, principal operating officer or any person performing similar functions (referred to here as simply, "covered officers"), and directors. Expand the disclosure presented in connection with the appointment of a covered officer or director (except by shareholder vote) under Items 5.02(c)(3) and new Item 5.02(d)(5) beyond a brief description of the material terms of any employment agreements to also require a brief description of any material plan, contract or agreement to which a covered officer or director is a party or participant that is entered into or materially amended in connection with their appointment. Add an instruction to Form 8-K permitting companies to omit the currently required Item 1.01 heading in a Form 8-K that also discloses information under any other heading so long as the disclosure mandated by Item 1.01 is included within the form. Extension of Limited Safe Harbor under Section 10(b) and Rule 10b-5 to Item 5.02(e) of Form 8-K and Exclusion of Item 5.02(e) from Form S-3 Eligibility Requirements The Commission recognized that new Item 5.02(e) requires companies and their counsel to make rapid materiality judgments with respect to whether a particular compensation arrangement with a principal executive officer, principal financial officer, or named executive officer requires disclosure. As a result, the Commission expanded the safe harbors for Form S-3 eligibility and liability under Section 10(b) of the Exchange Act and Rule 10b-5 to new Item 5.02(e). Therefore, if a company does not timely file a Form 8-K to report a compensation arrangement under Item 5.02(e), it will not lose Form S-3 eligibility so long as it discloses this information in its next periodic report on Form 10-K or Form 10-Q. 1.http://www.sec.gov/rules/final/2006/33-8732.pdf. 2.Much of this increased disclosure is the result of the incorporation of the Item 601(b)(10)(iii) standards from Regulation S-K for filing employment compensation agreements into Form 8-K, Items 1.01 and 1.02. The final rules uncouple Item 601(b)(10)(iii) from the Form 8-K disclosure requirements. 3.The amendments define the term "named executive officers" in a revised Item 402(a)(3) of Regulation S-K to include the principal executive officer, the principal financial officer and the three most highly compensated executive officers other than the principal executive officer and principal financial officer. 4.Prior to the addition of new Item 5.02(f) to Form 8-K, if a named executive officer's salary or bonus for the most recently completed fiscal year was not available at the time of filing a company's annual report or proxy, then such amounts were generally not reported until the filing of the annual report or proxy for the following fiscal year. On August 11, 2006, the Securities and Exchange Commission released final rules regarding the disclosure requirements for executive and director compensation, related party transactions, director independence, and other corporate governance matters. The final rules are designed to provide shareholders with a clearer and more complete picture of director and officer compensation. They are also designed to add transparency to key financial relationships among companies and their executive officers, directors, significant shareholders, and their respective immediate family members. The final rules are available on the Commission's website.1 We will be releasing a number of Securities Law Alerts that address the changes required by the new rules and highlight the actions you should consider taking now to prepare for next proxy season. This Securities Law Alert will review the amendments to the Form 8-K disclosure requirements, which will be effective sixty days from publication of these rules in the federal register, or approximately mid-October. Updates to Items 1.01, 1.02 and 5.02 and the General Instructions of Form 8-K The final rules amend Items 1.01 and 5.02 of Form 8-K (and by reference, Item 1.02 of Form 8-K). These significant changes concern disclosure of material compensation plans, contracts, or arrangements, including plans relating to options, warrants, or rights, retirement, or deferred compensation, or bonus, incentive, or profit sharing plans between a company and a named executive officer. The Commission adopted these modifications to Form 8-K in light of the increased frequency, since the effectiveness of the extensive Form 8-K reforms in August 2004, of disclosure under Item 1.01 and 1.02 of director and officer compensation that falls short of the "unquestionably or presumptively material" standard the Commission intended for the expanded Form 8-K disclosure items.2 The amendments to Form 8-K eliminate employment compensation agreements from the scope of Item 1.01, and instead expand the disclosure required by Item 5.02 to cover only those compensation agreements with named executive officers3 that are clearly unquestionably or presumptively material. The amendments to Form 8-K: Add a new Item 5.02(e) to Form 8-K that requires the disclosure of the adoption, material modification or amendment of, or material grant or award that is made or materially modified under any compensatory plan, contract or arrangement in which a principal executive officer, principal financial officer, or named executive officer participates. Disclosure under this new Item 5.02(e) is required whether or not the occurrence is in connection with a triggering event specified in Item 5.02 (the appointment, retirement, resignation or termination of a covered officer or director). However, grants or awards under or modifications made to these agreements do not have to be disclosed in a Form 8-K if the awards, grants, or modifications thereto are consistent with the original terms of the agreement, and the award or grant is disclosed the next time Item 402 reporting is required. For example, if a named executive officer enters into an employment agreement that contemplates future option grants, such grants would not have to be disclosed in a Form 8-K at the time of the grant so long as this information is provided the next time Item 402 information is required (i.e. a company's annual proxy statement). Add a new Item 5.02(f) to Form 8-K requiring disclosure of the payment, grant or award of a named executive officer's salary or bonus for the most recently completed fiscal year, if that information was omitted from the Summary Compensation Table because it was not available at the time of filing the company's Item 402 disclosure in its annual report or proxy. Such Form 8-K also must include a new total compensation figure for the named executive officer, based upon information that was previously provided in the Summary Compensation Table.4 Add an instruction to Item 5.02 of Form 8-K that clarifies that disclosure regarding compensatory arrangements is not required under Item 5.02 to the extent that such arrangements do not discriminate in favor of executive officers or directors and are generally available to all salaried employees. Expand the persons to which the retirement, resignation or termination provisions of Item 5.02(b) apply to include all named executive officers for the company's previous fiscal year in addition to the persons to whom Item 5.02(b) previously applied: principal executive officer, president, principal financial officer, principal account officer, principal operating officer or any person performing similar functions (referred to here as simply, "covered officers"), and directors. Expand the disclosure presented in connection with the appointment of a covered officer or director (except by shareholder vote) under Items 5.02(c)(3) and new Item 5.02(d)(5) beyond a brief description of the material terms of any employment agreements to also require a brief description of any material plan, contract or agreement to which a covered officer or director is a party or participant that is entered into or materially amended in connection with their appointment. Add an instruction to Form 8-K permitting companies to omit the currently required Item 1.01 heading in a Form 8-K that also discloses information under any other heading so long as the disclosure mandated by Item 1.01 is included within the form. Extension of Limited Safe Harbor under Section 10(b) and Rule 10b-5 to Item 5.02(e) of Form 8-K and Exclusion of Item 5.02(e) from Form S-3 Eligibility Requirements The Commission recognized that new Item 5.02(e) requires companies and their counsel to make rapid materiality judgments with respect to whether a particular compensation arrangement with a principal executive officer, principal financial officer, or named executive officer requires disclosure. As a result, the Commission expanded the safe harbors for Form S-3 eligibility and liability under Section 10(b) of the Exchange Act and Rule 10b-5 to new Item 5.02(e). Therefore, if a company does not timely file a Form 8-K to report a compensation arrangement under Item 5.02(e), it will not lose Form S-3 eligibility so long as it discloses this information in its next periodic report on Form 10-K or Form 10-Q. 1.http://www.sec.gov/rules/final/2006/33-8732.pdf. 2.Much of this increased disclosure is the result of the incorporation of the Item 601(b)(10)(iii) standards from Regulation S-K for filing employment compensation agreements into Form 8-K, Items 1.01 and 1.02. The final rules uncouple Item 601(b)(10)(iii) from the Form 8-K disclosure requirements. 3.The amendments define the term "named executive officers" in a revised Item 402(a)(3) of Regulation S-K to include the principal executive officer, the principal financial officer and the three most highly compensated executive officers other than the principal executive officer and principal financial officer. 4.Prior to the addition of new Item 5.02(f) to Form 8-K, if a named executive officer's salary or bonus for the most recently completed fiscal year was not available at the time of filing a company's annual report or proxy, then such amounts were generally not reported until the filing of the annual report or proxy for the following fiscal year. The U.S. District Court for the District of Columbia has dismissed a putative class action against various dairy producers in Mills v. Giant of Maryland.1 The court ruled that the plaintiffs' claim that the producers failed to warn consumers about the potential dangers of lactose intolerance was preempted by federal law. Alternatively, the plaintiffs' claims (based on negligence and strict liability) were subject to dismissal for failure to state a claim. Because there was no duty to warn consumers about common food allergies, there was no duty to warn consumers about the potential dangers of lactose intolerance. Food, Drug, and Cosmetic Act Expressly Preempts Claim The defendants argued that the plaintiffs' common law claims were precluded by the National Labeling & Education Act of 1990 ("NLEA"), which added Section 403A to the Federal Food, Drug, and Cosmetic Act ("FDCA"). Section 403A provides: Except as provided in subsection (b), no State or political subdivision of a State may directly or indirectly establish under any authority or continue in effect as to any food in interstate commerce - (1) any requirement for a food which is the subject of a standard of identity established under section 341 of this title that is not identical to such standard of identity or that is not identical to the requirement of section 343(g) of this title...2 Under 21 CFR 131, milk and cream are subject to a "standard of identity." Defendants contended that any common law claim "would have the effect of mandating particular cautionary statements on milk labels..."3 The defendants argued that this runs "afoul" of the statute.4 The district court agreed, dismissing the plaintiffs' complaint based on the express preemption clause in the FDCA. Court Rejects Plaintiffs' Argument Based on Bates v. Dow Agrosciences The court rejected the plaintiffs' argument, based on Bates v. Dow Agrosciences,5 that their common law claims were not preempted by section 403A of the FDCA. The court explained that Bates involved a different federal statute, the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), and a different set of facts and circumstances. Nothing in Bates categorically defeats defendants' argument that plaintiffs' claims are precluded by FDCA's preemption clause. Rather, Bates underscores the need to pay close attention to the scope of the FDCA's preemption clause and assists the court in framing the questions to be addressed: first, whether the duty imposed by the relief which plaintiffs seek is "a requirement for a food which is the subject of a standard of identity," and second, whether this duty "is identical" to the labeling requirements of the FDCA.6 Here, the court answered both questions in the affirmative. Milk is subject to a standard of identity and the label mandated by the standard of identity has a distinct list of information that must appear on the label-"conspicuously absent from this list is a warning against the dangers of lactose intolerance."7 The court also rejected the plaintiffs' attempt to save their claims by arguing that a "safety" exception applies in this circumstance. The FDA has concluded that the risk of gastrointestinal symptoms similar to those experienced by the lactose intolerant does not implicate "safety" concerns, as defined by 21 CFR 170.3(i).8 Thus, there is no need to invoke the safety exception to Section 403A of the FDCA.9 Lastly, although the defendants raised implied conflicts preemption, the court declined to address the issue, as it had reached a decision on express preemption grounds. And, even if the FDCA did not preempt the state law claims, "plaintiffs' complaint would nevertheless be dismissed as it failed to state a claim under District of Columbia law. The U.S. District Court for the District of Columbia has dismissed a putative class action against various dairy producers in Mills v. Giant of Maryland.1 The court ruled that the plaintiffs' claim that the producers failed to warn consumers about the potential dangers of lactose intolerance was preempted by federal law. Alternatively, the plaintiffs' claims (based on negligence and strict liability) were subject to dismissal for failure to state a claim. Because there was no duty to warn consumers about common food allergies, there was no duty to warn consumers about the potential dangers of lactose intolerance. Food, Drug, and Cosmetic Act Expressly Preempts Claim The defendants argued that the plaintiffs' common law claims were precluded by the National Labeling & Education Act of 1990 ("NLEA"), which added Section 403A to the Federal Food, Drug, and Cosmetic Act ("FDCA"). Section 403A provides: Except as provided in subsection (b), no State or political subdivision of a State may directly or indirectly establish under any authority or continue in effect as to any food in interstate commerce - (1) any requirement for a food which is the subject of a standard of identity established under section 341 of this title that is not identical to such standard of identity or that is not identical to the requirement of section 343(g) of this title...2 Under 21 CFR 131, milk and cream are subject to a "standard of identity." Defendants contended that any common law claim "would have the effect of mandating particular cautionary statements on milk labels..."3 The defendants argued that this runs "afoul" of the statute.4 The district court agreed, dismissing the plaintiffs' complaint based on the express preemption clause in the FDCA. Court Rejects Plaintiffs' Argument Based on Bates v. Dow Agrosciences The court rejected the plaintiffs' argument, based on Bates v. Dow Agrosciences,5 that their common law claims were not preempted by section 403A of the FDCA. The court explained that Bates involved a different federal statute, the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), and a different set of facts and circumstances. Nothing in Bates categorically defeats defendants' argument that plaintiffs' claims are precluded by FDCA's preemption clause. Rather, Bates underscores the need to pay close attention to the scope of the FDCA's preemption clause and assists the court in framing the questions to be addressed: first, whether the duty imposed by the relief which plaintiffs seek is "a requirement for a food which is the subject of a standard of identity," and second, whether this duty "is identical" to the labeling requirements of the FDCA.6 Here, the court answered both questions in the affirmative. Milk is subject to a standard of identity and the label mandated by the standard of identity has a distinct list of information that must appear on the label-"conspicuously absent from this list is a warning against the dangers of lactose intolerance."7 The court also rejected the plaintiffs' attempt to save their claims by arguing that a "safety" exception applies in this circumstance. The FDA has concluded that the risk of gastrointestinal symptoms similar to those experienced by the lactose intolerant does not implicate "safety" concerns, as defined by 21 CFR 170.3(i).8 Thus, there is no need to invoke the safety exception to Section 403A of the FDCA.9 Lastly, although the defendants raised implied conflicts preemption, the court declined to address the issue, as it had reached a decision on express preemption grounds. And, even if the FDCA did not preempt the state law claims, "plaintiffs' complaint would nevertheless be dismissed as it failed to state a claim under District of Columbia law. The New York State Department of Environmental Conservation (NYSDEC) has released its Draft Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (GP-06-01). This draft permit will, when final, replace the general permit issued in 1998 (GP-98-03) which will subsequently expire. It covers new and existing discharges of stormwater to waters of the United States from industrial activities, as defined under the Clean Water Act. One major difference between this draft permit and the current general permit for stormwater associated with industrial activities is that, in addition to the requirements that apply to all permittees (Parts I through VII of the draft permit), it will place additional industry-specific requirements on thirty specific types ("sectors") of industries. Coverage under the draft multi-sector general permit can be obtained even if the stormwater associated with industrial activities is mixed with: (i) construction stormwater discharges which are separately covered by their own SPDES permit; (ii) certain discharges covered by various other permits; and (iii) certain non-stormwater discharges, such as water from firefighting activities, hydrant flushings, potable waterline flushings, irrigation drainage, uncontaminated air conditioning or compressor condensate, landscape watering, building/pavement washdowns, and cooling mists, as further described in the draft permit. However, the proposed multi-sector general permit will not cover (i) mixed stormwaters not expressly described in the permit; (ii) facilities where a SPDES permit has been denied; (iii) discharges from industrial activities that are subject to existing effluent limitation guidelines under specific circumstances; (iv) stormwater discharges from construction activities, (v) discharges that affect adversely endangered species, critical habitat areas or historic buildings; or (vi) certain mining, landfill, and oil and gas operations. New Burdens Requirements for both obtaining coverage under and then maintaining compliance with the draft multi-sector permit will significantly increase as compared to the current general permit for stormwater discharges associated with industrial activities. Some of the new burdens include the following: The requirement to be covered by a SPDES will no longer be based solely on a facility's primary Standard Industrial Code (SIC) classification. Instead, each separate industrial activity at a site is potentially covered. To obtain coverage, a more detailed notice of intent or termination (NOIT) form must be filled out. Further, permit coverage will not commence until thirty calendar days from NYSDEC receipt of the NOIT form (not five days from postmark). Many sector/industry-specific requirements are being imposed, including revised monitoring parameters for specific types of industrial facilities and annual testing frequency. Quarterly visual examinations of stormwater discharges must be performed and documented. In addition, an annual dry weather flow inspection will have to be performed and annual certification reports will have to be submitted on specified forms. "Benchmark cut-off concentrations" are being added. Stormwater monitoring results must be compared to these benchmarks. If a permittee measures a concentration above its established benchmark, this will not be a permit violation. It does "signal the need" for the permittee to address potential sources of the contamination and to "remedy" them as appropriate. Requirements for facilities (i) subject to EPCRA 313 (SARA Title 3) reporting requirement and (ii) those that have secondary containment for storage and transfer areas will be revised. Opportunities During the comment period there are opportunities to recommend changes that may reduce the burden associated with permit compliance. In reviewing the draft permit, some possible areas for comments appear to be: For some permit sectors, whose day-to-day "industrial activities" resemble construction, it may be worthwhile to request that the sector be exempt from obtaining a separate construction general permit. Supporting the proposal that composite stormwater samples will no longer be required, and that all required sampling can be done through grab samples. How Your Voice Can Be Heard: The comment period closes September 11, 2006. A copy of the 175-page draft permit can be obtained by calling 518-402-8109 or downloading it from the following website: http://www.dec.state.ny.us/website/dow/mainpage.htm (click on "Draft SPDES Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity"). A series of public informational meetings is planned during August in Rochester , Albany , and Bedford Hills, New York. Details on these meetings and the address to send comments can be found at http://www.dec.state.ny.us/website/dow/stormsheet.html. The New York State Department of Environmental Conservation (NYSDEC) has released its Draft Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (GP-06-01). This draft permit will, when final, replace the general permit issued in 1998 (GP-98-03) which will subsequently expire. It covers new and existing discharges of stormwater to waters of the United States from industrial activities, as defined under the Clean Water Act. One major difference between this draft permit and the current general permit for stormwater associated with industrial activities is that, in addition to the requirements that apply to all permittees (Parts I through VII of the draft permit), it will place additional industry-specific requirements on thirty specific types ("sectors") of industries. Coverage under the draft multi-sector general permit can be obtained even if the stormwater associated with industrial activities is mixed with: (i) construction stormwater discharges which are separately covered by their own SPDES permit; (ii) certain discharges covered by various other permits; and (iii) certain non-stormwater discharges, such as water from firefighting activities, hydrant flushings, potable waterline flushings, irrigation drainage, uncontaminated air conditioning or compressor condensate, landscape watering, building/pavement washdowns, and cooling mists, as further described in the draft permit. However, the proposed multi-sector general permit will not cover (i) mixed stormwaters not expressly described in the permit; (ii) facilities where a SPDES permit has been denied; (iii) discharges from industrial activities that are subject to existing effluent limitation guidelines under specific circumstances; (iv) stormwater discharges from construction activities, (v) discharges that affect adversely endangered species, critical habitat areas or historic buildings; or (vi) certain mining, landfill, and oil and gas operations. New Burdens Requirements for both obtaining coverage under and then maintaining compliance with the draft multi-sector permit will significantly increase as compared to the current general permit for stormwater discharges associated with industrial activities. Some of the new burdens include the following: The requirement to be covered by a SPDES will no longer be based solely on a facility's primary Standard Industrial Code (SIC) classification. Instead, each separate industrial activity at a site is potentially covered. To obtain coverage, a more detailed notice of intent or termination (NOIT) form must be filled out. Further, permit coverage will not commence until thirty calendar days from NYSDEC receipt of the NOIT form (not five days from postmark). Many sector/industry-specific requirements are being imposed, including revised monitoring parameters for specific types of industrial facilities and annual testing frequency. Quarterly visual examinations of stormwater discharges must be performed and documented. In addition, an annual dry weather flow inspection will have to be performed and annual certification reports will have to be submitted on specified forms. "Benchmark cut-off concentrations" are being added. Stormwater monitoring results must be compared to these benchmarks. If a permittee measures a concentration above its established benchmark, this will not be a permit violation. It does "signal the need" for the permittee to address potential sources of the contamination and to "remedy" them as appropriate. Requirements for facilities (i) subject to EPCRA 313 (SARA Title 3) reporting requirement and (ii) those that have secondary containment for storage and transfer areas will be revised. Opportunities During the comment period there are opportunities to recommend changes that may reduce the burden associated with permit compliance. In reviewing the draft permit, some possible areas for comments appear to be: For some permit sectors, whose day-to-day "industrial activities" resemble construction, it may be worthwhile to request that the sector be exempt from obtaining a separate construction general permit. Supporting the proposal that composite stormwater samples will no longer be required, and that all required sampling can be done through grab samples. How Your Voice Can Be Heard: The comment period closes September 11, 2006. A copy of the 175-page draft permit can be obtained by calling 518-402-8109 or downloading it from the following website: http://www.dec.state.ny.us/website/dow/mainpage.htm (click on "Draft SPDES Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity"). A series of public informational meetings is planned during August in Rochester , Albany , and Bedford Hills, New York. Details on these meetings and the address to send comments can be found at http://www.dec.state.ny.us/website/dow/stormsheet.html. http://www.judged.com/jdfirmdetail.php?firmid=1765 http://www.judged.com/jdfirmdetail.php?firmid=1765&page=50 Address : 321 Great Oaks Boulevard, Phone : 518-452-8787, City : Albany A new law firm in the making Nine attorneys from Akin Gump have left the firm to form a new one called Drenner & Golden Stuart Wolff in collaboration with Drenner Stuart.. Renowned lawyer and public servant Ambassador Robert S. Strauss and the firm he founded - Akin Gump Strauss Hauer & Feld LLP - have contributed $7.5 million to the University of Texas at Austin to establish a new research center on global affairs, the university announced today. Ambassador Strauss contributed $5 million and Akin Gump contributed $2.5 million to the Robert S. Strauss Center for International Security and Law. These are the first gifts in a $25 million capital campaign to fund the Center. The Center was founded to provide the imagination, leadership and intellectual innovation required to help meet the challenges of the 21st century. It is designed to be a new kind of institution, one that works to engage the best minds in academia, government and the private sector in developing practical solutions to the pressing problems of an increasingly globalized world. The Center seeks the widest possible audience, enriching the public debate and giving guidance to decision-makers on how to respond to dangers and opportunities in global affairs. The gifts creating the Center were announced on September 24 at a press conference hosted by University of Texas at Austin President William Powers Jr. and Larry Temple, president of the Lyndon Baines Johnson Foundation. Ambassador Strauss and Akin Gump partner James C. Langdon Jr. also participated in the press conference. "The University of Texas is one of the finest institutions in the world," Ambassador Strauss said. "By engaging top scholars and collaborating closely with practitioners in government, business and the nonprofit world, the university can make a substantial contribution to the debate on world issues." President Powers said that education and research on global affairs are priorities for the university. "Today, everything we do is affected by what is going on in the world around us," he said. "To be a great university, the University of Texas at Austin must have a global impact. This Center builds upon many of the top academic programs at the university that are central to understanding the complex world we live in. This generous gift from Bob Strauss and Akin Gump will benefit generations of faculty and students by developing a premier institution that lives up to our university's motto, 'What Starts Here Changes the World.'" The funds will be used to attract top scholars, fund innovative research initiatives, develop outreach programs and provide leadership opportunities for students. "The Strauss Center is a remarkable initiative by a man who had an unparalleled career in public and private arenas with an enduring legacy of success in both," Mr. Temple said. "The marks of accomplishment-practical solutions to real problems-he has left in a career that continues even today are indelible. Since Bob's career spans government, the business and professional worlds, and academia, his is the most appropriate name to adorn this new Center. His career symbolizes the aspirations and potential of the Center." Ambassador Strauss was born in Lockhart, Texas, in 1918. Raised in the small West Texas town of Stamford, he attended the University of Texas and its law school; after earning his law degree, he served as a special agent of the FBI. In 1945 he entered private law practice and founded the firm that became Akin Gump Strauss Hauer & Feld LLP. He served as chairman of the Democratic National Committee between 1973 and 1976 and was subsequently appointed by President Jimmy Carter as the U.S. trade representative and special envoy to the Middle East. Ambassador Strauss was selected by President George H.W. Bush to be U.S. ambassador to the Soviet Union in 1991; following the dissolution of the Soviet Union, he became the U.S. ambassador to the Russian Federation, serving until 1992, when he returned to Akin Gump. He occupied the Lloyd Bentsen Chair at the LBJ School of Public Affairs at the University of Texas at Austin. In 1981 Ambassador Strauss was awarded the Presidential Medal of Freedom, the nation's highest civilian award. The commitment to engaging government, business and nonprofits in discussions and research on globalization is what sets the Strauss Center apart. "Globalization has made it imperative for members of the business community and policy field to understand one another's perspective," Mr. Langdon said. "This Center will be a place where challenges are looked at in-depth and by new voices. Policymakers, business leaders and civic leaders can learn from universities, and in turn, universities can learn from practitioners who are on the front lines of these issues every day." The Center covers the full range of global issues while emphasizing four key areas that leverage the university's specific strengths: America's role in the world, technology, energy and the environment, and global governance. Renowned lawyer and public servant Ambassador Robert S. Strauss and the firm he founded - Akin Gump Strauss Hauer & Feld LLP - have contributed $7.5 million to the University of Texas at Austin to establish a new research center on global affairs, the university announced today. Ambassador Strauss contributed $5 million and Akin Gump contributed $2.5 million to the Robert S. Strauss Center for International Security and Law. These are the first gifts in a $25 million capital campaign to fund the Center. The Center was founded to provide the imagination, leadership and intellectual innovation required to help meet the challenges of the 21st century. It is designed to be a new kind of institution, one that works to engage the best minds in academia, government and the private sector in developing practical solutions to the pressing problems of an increasingly globalized world. The Center seeks the widest possible audience, enriching the public debate and giving guidance to decision-makers on how to respond to dangers and opportunities in global affairs. The gifts creating the Center were announced on September 24 at a press conference hosted by University of Texas at Austin President William Powers Jr. and Larry Temple, president of the Lyndon Baines Johnson Foundation. Ambassador Strauss and Akin Gump partner James C. Langdon Jr. also participated in the press conference. "The University of Texas is one of the finest institutions in the world," Ambassador Strauss said. "By engaging top scholars and collaborating closely with practitioners in government, business and the nonprofit world, the university can make a substantial contribution to the debate on world issues." President Powers said that education and research on global affairs are priorities for the university. "Today, everything we do is affected by what is going on in the world around us," he said. "To be a great university, the University of Texas at Austin must have a global impact. This Center builds upon many of the top academic programs at the university that are central to understanding the complex world we live in. This generous gift from Bob Strauss and Akin Gump will benefit generations of faculty and students by developing a premier institution that lives up to our university's motto, 'What Starts Here Changes the World.'" The funds will be used to attract top scholars, fund innovative research initiatives, develop outreach programs and provide leadership opportunities for students. "The Strauss Center is a remarkable initiative by a man who had an unparalleled career in public and private arenas with an enduring legacy of success in both," Mr. Temple said. "The marks of accomplishment-practical solutions to real problems-he has left in a career that continues even today are indelible. Since Bob's career spans government, the business and professional worlds, and academia, his is the most appropriate name to adorn this new Center. His career symbolizes the aspirations and potential of the Center." Ambassador Strauss was born in Lockhart, Texas, in 1918. Raised in the small West Texas town of Stamford, he attended the University of Texas and its law school; after earning his law degree, he served as a special agent of the FBI. In 1945 he entered private law practice and founded the firm that became Akin Gump Strauss Hauer & Feld LLP. He served as chairman of the Democratic National Committee between 1973 and 1976 and was subsequently appointed by President Jimmy Carter as the U.S. trade representative and special envoy to the Middle East. Ambassador Strauss was selected by President George H.W. Bush to be U.S. ambassador to the Soviet Union in 1991; following the dissolution of the Soviet Union, he became the U.S. ambassador to the Russian Federation, serving until 1992, when he returned to Akin Gump. He occupied the Lloyd Bentsen Chair at the LBJ School of Public Affairs at the University of Texas at Austin. In 1981 Ambassador Strauss was awarded the Presidential Medal of Freedom, the nation's highest civilian award. The commitment to engaging government, business and nonprofits in discussions and research on globalization is what sets the Strauss Center apart. "Globalization has made it imperative for members of the business community and policy field to understand one another's perspective," Mr. Langdon said. "This Center will be a place where challenges are looked at in-depth and by new voices. Policymakers, business leaders and civic leaders can learn from universities, and in turn, universities can learn from practitioners who are on the front lines of these issues every day." The Center covers the full range of global issues while emphasizing four key areas that leverage the university's specific strengths: America's role in the world, technology, energy and the environment, and global governance. Akin Gump Strauss Hauer & Feld LLP has received a perfect score on the Human Rights Campaign (HRC) 2008 Corporate Equality Index. The firm is one of only 30 law firms and 195 companies nationwide to receive a 100 percent rating. "We are proud to be recognized for our success in fostering a diverse and inclusive workforce," said R. Bruce McLean, Akin Gump's chairman. "We are very pleased that the legal community as a whole is increasing its efforts to improve workplace equality." The Corporate Equality Index rates employers on a scale from 0 to 100 percent on their treatment of gay, lesbian, bisexual and transgender (GLBT) employees, consumers and investors. Each year, HRC invites the largest and most successful public and private companies in the United States to participate in the rating process. The Index, which this year rated 519 businesses, measures the extent to which employers protect their GLBT employees. Ratings are based on factors such as non-discrimination policies, diversity training, and benefits for domestic partners and transgender employees. Akin Gump's score was based on a variety of factors, including the firm's inclusive health care and family leave benefits to employees with same-sex partners, diversity training and GLBT employee groups. "I am proud to practice at a law firm that has been an industry leader in GLBT equality issues," said David Carlin, co-chair of the Washington office's diversity committee and a member of the firmwide diversity committee. Akin Gump attorneys have long been active in GAYLAW, the D.C. bar association for GLBT attorneys. An Akin Gump partner served on GAYLAW's board of directors, and the firm has been a long-standing sponsor of GAYLAW's programming, particularly its annual awards reception and its programs for GLBT summer associates. The firm has supported the efforts of and provided pro bono assistance to the Servicemembers Legal Defense Network. Akin Gump has also supported Lambda Legal. The firm is a regular participant in Lavender Law, a nationwide annual convention of GLBT law students and attorneys, and has sponsored GLBT-focused recruiting events at various law schools. Akin Gump Strauss Hauer & Feld LLP has received a perfect score on the Human Rights Campaign (HRC) 2008 Corporate Equality Index. The firm is one of only 30 law firms and 195 companies nationwide to receive a 100 percent rating. "We are proud to be recognized for our success in fostering a diverse and inclusive workforce," said R. Bruce McLean, Akin Gump's chairman. "We are very pleased that the legal community as a whole is increasing its efforts to improve workplace equality." The Corporate Equality Index rates employers on a scale from 0 to 100 percent on their treatment of gay, lesbian, bisexual and transgender (GLBT) employees, consumers and investors. Each year, HRC invites the largest and most successful public and private companies in the United States to participate in the rating process. The Index, which this year rated 519 businesses, measures the extent to which employers protect their GLBT employees. Ratings are based on factors such as non-discrimination policies, diversity training, and benefits for domestic partners and transgender employees. Akin Gump's score was based on a variety of factors, including the firm's inclusive health care and family leave benefits to employees with same-sex partners, diversity training and GLBT employee groups. "I am proud to practice at a law firm that has been an industry leader in GLBT equality issues," said David Carlin, co-chair of the Washington office's diversity committee and a member of the firmwide diversity committee. Akin Gump attorneys have long been active in GAYLAW, the D.C. bar association for GLBT attorneys. An Akin Gump partner served on GAYLAW's board of directors, and the firm has been a long-standing sponsor of GAYLAW's programming, particularly its annual awards reception and its programs for GLBT summer associates. The firm has supported the efforts of and provided pro bono assistance to the Servicemembers Legal Defense Network. Akin Gump has also supported Lambda Legal. The firm is a regular participant in Lavender Law, a nationwide annual convention of GLBT law students and attorneys, and has sponsored GLBT-focused recruiting events at various law schools. Akin Gump Strauss Hauer & Feld LLP announced today that Jordan J. Metzger has joined the firm as a partner in the real estate and finance practice group in New York. Mr. Metzger brings extensive experience in real estate transactions, with an emphasis on acquisitions, development, joint ventures and financing. "Jordan's combined experience - in private practice and as general counsel of a real estate investment fund - will be of tremendous benefit to our clients," said Peter Miller, head of Akin Gump's real estate and finance practice group in New York. "His experience in representing owners and developers of investment properties complements our existing practice." Mr. Metzger's addition comes on the heels of other recent New York hires, including Geoffrey Secol to lead an interdisciplinary corporate services group for the tax, investment funds and real estate practices, former Assistant U.S. Attorney Michael Asaro in the litigation practice and J.P. Bruynes and William L. Sturman in the investment funds practice. "Akin Gump provides the perfect platform for me to serve my clients," said Mr. Metzger. "I am looking forward to working with my new partners - in New York and nationally." Mr. Metzger received his B.A. from the State University of New York at Albany in 1980 and his J.D. in 1983 from the Benjamin N. Cardozo School of Law, where he was associate editor of the Cardozo Law Review. He joins Akin Gump from New York law firm Herrick, Feinstein LLP. Akin Gump Strauss Hauer & Feld LLP announced today that Jordan J. Metzger has joined the firm as a partner in the real estate and finance practice group in New York. Mr. Metzger brings extensive experience in real estate transactions, with an emphasis on acquisitions, development, joint ventures and financing. "Jordan's combined experience - in private practice and as general counsel of a real estate investment fund - will be of tremendous benefit to our clients," said Peter Miller, head of Akin Gump's real estate and finance practice group in New York. "His experience in representing owners and developers of investment properties complements our existing practice." Mr. Metzger's addition comes on the heels of other recent New York hires, including Geoffrey Secol to lead an interdisciplinary corporate services group for the tax, investment funds and real estate practices, former Assistant U.S. Attorney Michael Asaro in the litigation practice and J.P. Bruynes and William L. Sturman in the investment funds practice. "Akin Gump provides the perfect platform for me to serve my clients," said Mr. Metzger. "I am looking forward to working with my new partners - in New York and nationally." Mr. Metzger received his B.A. from the State University of New York at Albany in 1980 and his J.D. in 1983 from the Benjamin N. Cardozo School of Law, where he was associate editor of the Cardozo Law Review. He joins Akin Gump from New York law firm Herrick, Feinstein LLP. http://www.judged.com/jdfirmdetail.php?firmid=18 http://www.judged.com/jdfirmdetail.php?firmid=18&page=10 Address : 333 Main Street, Phone : 914-749-8200, City : Armonk http://www.judged.com/jdfirmdetail.php?firmid=219 http://www.judged.com/jdfirmdetail.php?firmid=219&page=33 Address : 99 Washington AvenueSuite 2020, Phone : 518-626-9000, City : Albany The international law firm of LeBoeuf, Lamb, Greene & MacRae LLP has announced the expansion of its Asia practice with the opening of a Hong Kong office. The office is co-managed by partners William C. Marcoux and Daniel Liew. The new office will operate in affiliation with Arthur Marriott & Associates, a Hong Kong law firm. A team of twenty lawyers will be in place by the end of 2007 practicing US, English, and Hong Kong laws and will focus on energy, insurance, corporate and finance, and dispute resolution matters. "The explosive growth and economic globalization in the Pan-Asian market makes this the perfect time for LeBoeuf Lamb to continue expanding its footprint," said firm Chairman Steven H. Davis, "Daniel's leadership and market knowledge will be great assets as we expand on the success of our first office in Asia located in Beijing." Prior to joining LeBoeuf Lamb as a managing partner, Mr. Liew was head of the energy and infrastructure practice in Asia for an international law firm and an elected member of the partnership board of such firm. He represents clients in the energy, electricity, utilities, water, telecommunications, infrastructure, and insurance sectors, and regularly advises on mergers and acquisitions, project development, project finance and corporate finance. Commenting on his move, Mr. Liew said, "LeBoeuf Lamb's culture of global integration together with its worldwide coverage presents significant opportunities to provide clients with seamless, multi-jurisdictional counsel. I look forward to contributing to the firm's continued success and providing legal counsel in Asia to our clients." The international law firm of LeBoeuf, Lamb, Greene & MacRae LLP has announced the expansion of its Asia practice with the opening of a Hong Kong office. The office is co-managed by partners William C. Marcoux and Daniel Liew. The new office will operate in affiliation with Arthur Marriott & Associates, a Hong Kong law firm. A team of twenty lawyers will be in place by the end of 2007 practicing US, English, and Hong Kong laws and will focus on energy, insurance, corporate and finance, and dispute resolution matters. "The explosive growth and economic globalization in the Pan-Asian market makes this the perfect time for LeBoeuf Lamb to continue expanding its footprint," said firm Chairman Steven H. Davis, "Daniel's leadership and market knowledge will be great assets as we expand on the success of our first office in Asia located in Beijing." Prior to joining LeBoeuf Lamb as a managing partner, Mr. Liew was head of the energy and infrastructure practice in Asia for an international law firm and an elected member of the partnership board of such firm. He represents clients in the energy, electricity, utilities, water, telecommunications, infrastructure, and insurance sectors, and regularly advises on mergers and acquisitions, project development, project finance and corporate finance. Commenting on his move, Mr. Liew said, "LeBoeuf Lamb's culture of global integration together with its worldwide coverage presents significant opportunities to provide clients with seamless, multi-jurisdictional counsel. I look forward to contributing to the firm's continued success and providing legal counsel in Asia to our clients." LeBoeuf, Lamb, Greene & MacRae LLP announced yesterday a landmark settlement with U.S. Immigration and Customs Enforcement (ICE) that greatly improves conditions for immigrant children and their families inside the T. Don Hutto detention center in Taylor, Texas. Dozens of children were released from the facility with their families as a result of the litigation. The settlement is expected to be approved shortly by Judge Sam Sparks of the United States District Court for the Western District of Texas. "This is a huge victory not only for the children and families that have been released from Hutto, but for every detainee held at the facility, now or in the future," said Sean R.D. Gorman, a partner in LeBoeuf Lamb's Houston office. "Since the filing of these lawsuits conditions have drastically improved in areas like education, recreation, medical care, and privacy." The settlement is the result of extensive litigation and mediation in consolidated lawsuits filed earlier this year against Michael Chertoff, Secretary of the U.S. Department of Homeland Security (DHS), and six officials from ICE on behalf of 26 immigrant children. The children are between the ages of 1 and 17, and were detained at Hutto with their parents who, in almost all cases, were awaiting determinations on their asylum claims. LeBoeuf Lamb, the ACLU, the ACLU of Texas, and the University of Texas School of Law Immigration Clinic brought the lawsuits. Since the original lawsuits were filed in March 2007, all of the 26 children represented by LeBoeuf Lamb and co-counsel have been released. The final six children were released days before the settlement was finalized, and are now living with family members who are U.S. citizens and/or legal permanent residents while pursuing their asylum claims. For the children, the release day was very emotional. Andrea Restrepo, a 12-year-old child from Colombia, had been held in Hutto in a small cell for nearly a year with her mother and 9-year-old sister. "I feel much better, I feel tranquil, I can do things now I couldn't do there," said Restrepo. "I am trying to forget everything about Hutto. I feel free. It was a nightmare." Conditions at Hutto have gradually and significantly improved as a result of the groundbreaking litigation. Children are no longer required to wear prison uniforms and are allowed much more time outdoors. Educational programming has expanded and guards have been instructed not to discipline children by threatening to separate them from their parents. "The litigation has achieved enormous results," said Stephen J. Lable, an associate in LeBoeuf Lamb's Boston office. "Instead of punishing asylum seekers by treating them like criminals, the settlement requires ICE to treat children more like children - with the care and compassion that exemplify American values." Soon after the litigation commenced, ICE instituted a policy of detaining at Hutto only families placed in expedited removal proceedings and began to issue bonds for asylum seekers who passed their credible fear interviews. "Imprisoning families who have fled their home countries under fear of persecution from their own governments, and detaining them in jail-like conditions, was an indescribable trauma for many of the children we represented," said Carol A. Lafond, an associate in LeBoeuf Lamb's New York office. "We are hopeful that by limiting the population at Hutto to families in expedited removal except in exigent circumstances, and adopting more meaningful release procedures, that the length of stay for children will be significantly reduced." Additional improvements ICE will be required to make as a result of the settlement include allowing children over the age of 12 to move freely about the facility; providing a full-time, on-site pediatrician; eliminating the count system so that families are not forced to stay in their cells 12 hours a day; installing privacy curtains around toilets; offering field trip opportunities to children; supplying more toys and age-and language-appropriate books; and improving the nutritional value of food. ICE must also allow regular legal orientation presentations by local immigrants' rights organizations; allow family and friends to visit Hutto detainees seven days a week; and allow children to keep paper and pens in their rooms. ICE's compliance with each of these reforms, as well as other conditions reforms, will be subject to external oversight to ensure their permanence. Despite the tremendous improvements at Hutto, the facility remains a former medium security prison managed by the Corrections Corporation of America, a for-profit adult corrections company. In recent years, Congress has repeatedly directed DHS to keep immigrant families together, either by releasing them or using alternatives to detention. Where detention is necessary, Congress has said immigrant families should be housed in non-penal, homelike environments. "We are thrilled at what we were able to accomplish through litigation and mediation," said Lisa Graybill, Legal Director of the ACLU of Texas. "But the fact remains that our government should not be locking up innocent children - period. That is not what America is about. It is time for Congress to intervene and end the policy of family detention." LeBoeuf, Lamb, Greene & MacRae LLP announced yesterday a landmark settlement with U.S. Immigration and Customs Enforcement (ICE) that greatly improves conditions for immigrant children and their families inside the T. Don Hutto detention center in Taylor, Texas. Dozens of children were released from the facility with their families as a result of the litigation. The settlement is expected to be approved shortly by Judge Sam Sparks of the United States District Court for the Western District of Texas. "This is a huge victory not only for the children and families that have been released from Hutto, but for every detainee held at the facility, now or in the future," said Sean R.D. Gorman, a partner in LeBoeuf Lamb's Houston office. "Since the filing of these lawsuits conditions have drastically improved in areas like education, recreation, medical care, and privacy." The settlement is the result of extensive litigation and mediation in consolidated lawsuits filed earlier this year against Michael Chertoff, Secretary of the U.S. Department of Homeland Security (DHS), and six officials from ICE on behalf of 26 immigrant children. The children are between the ages of 1 and 17, and were detained at Hutto with their parents who, in almost all cases, were awaiting determinations on their asylum claims. LeBoeuf Lamb, the ACLU, the ACLU of Texas, and the University of Texas School of Law Immigration Clinic brought the lawsuits. Since the original lawsuits were filed in March 2007, all of the 26 children represented by LeBoeuf Lamb and co-counsel have been released. The final six children were released days before the settlement was finalized, and are now living with family members who are U.S. citizens and/or legal permanent residents while pursuing their asylum claims. For the children, the release day was very emotional. Andrea Restrepo, a 12-year-old child from Colombia, had been held in Hutto in a small cell for nearly a year with her mother and 9-year-old sister. "I feel much better, I feel tranquil, I can do things now I couldn't do there," said Restrepo. "I am trying to forget everything about Hutto. I feel free. It was a nightmare." Conditions at Hutto have gradually and significantly improved as a result of the groundbreaking litigation. Children are no longer required to wear prison uniforms and are allowed much more time outdoors. Educational programming has expanded and guards have been instructed not to discipline children by threatening to separate them from their parents. "The litigation has achieved enormous results," said Stephen J. Lable, an associate in LeBoeuf Lamb's Boston office. "Instead of punishing asylum seekers by treating them like criminals, the settlement requires ICE to treat children more like children - with the care and compassion that exemplify American values." Soon after the litigation commenced, ICE instituted a policy of detaining at Hutto only families placed in expedited removal proceedings and began to issue bonds for asylum seekers who passed their credible fear interviews. "Imprisoning families who have fled their home countries under fear of persecution from their own governments, and detaining them in jail-like conditions, was an indescribable trauma for many of the children we represented," said Carol A. Lafond, an associate in LeBoeuf Lamb's New York office. "We are hopeful that by limiting the population at Hutto to families in expedited removal except in exigent circumstances, and adopting more meaningful release procedures, that the length of stay for children will be significantly reduced." Additional improvements ICE will be required to make as a result of the settlement include allowing children over the age of 12 to move freely about the facility; providing a full-time, on-site pediatrician; eliminating the count system so that families are not forced to stay in their cells 12 hours a day; installing privacy curtains around toilets; offering field trip opportunities to children; supplying more toys and age-and language-appropriate books; and improving the nutritional value of food. ICE must also allow regular legal orientation presentations by local immigrants' rights organizations; allow family and friends to visit Hutto detainees seven days a week; and allow children to keep paper and pens in their rooms. ICE's compliance with each of these reforms, as well as other conditions reforms, will be subject to external oversight to ensure their permanence. Despite the tremendous improvements at Hutto, the facility remains a former medium security prison managed by the Corrections Corporation of America, a for-profit adult corrections company. In recent years, Congress has repeatedly directed DHS to keep immigrant families together, either by releasing them or using alternatives to detention. Where detention is necessary, Congress has said immigrant families should be housed in non-penal, homelike environments. "We are thrilled at what we were able to accomplish through litigation and mediation," said Lisa Graybill, Legal Director of the ACLU of Texas. "But the fact remains that our government should not be locking up innocent children - period. That is not what America is about. It is time for Congress to intervene and end the policy of family detention." Dewey Ballantine LLP ("Dewey Ballantine") and LeBoeuf, Lamb, Greene & MacRae LLP ("LeBoeuf Lamb"), two leading international law firms, today announced that they have entered into a definitive agreement to merge, subject to partner approval. The combination will create a premier New York law firm with extensive global reach, bringing together some of the most prominent practices and industry leaders, with more than 1,300 attorneys in 12 countries and revenues approaching $1 billion. The combined firm, which will be known as Dewey & LeBoeuf LLP ("Dewey & LeBoeuf"), will be an established powerhouse in New York, Washington, D.C., and London, the most important cities for transaction deal flow. Dewey & LeBoeuf will cover 12 countries, ranking 13th globally and third among U.S. firms in terms of number of countries covered, as per ALM Global 100 2006. It will rank as the fifth largest firm in New York City with approximately 550 lawyers and the fifth largest U.S.-headquartered firm in London with approximately 170 lawyers. Dewey & LeBoeuf also will have a presence in nearly every key international financial and commercial center and will rank as the 14th largest firm by headcount and the 16th largest firm by revenue in the United States. Steven H. Davis will lead the combined firm as Chairman, with equal representation from Dewey Ballantine and LeBoeuf Lamb on its Executive Committee. The Dewey & LeBoeuf merger will result in a broader and deeper client offering with complementary practice areas and industry focus, providing an excellent fit. In the instances where both firms' practice areas are similar, the combination makes those areas deeper and stronger. For example, the combined firm will be characterized by market-leading practice groups such as mergers and acquisitions, complex litigation, intellectual property litigation, government investigations, international trade, capital markets, structured finance, private equity, antitrust, and tax. The combined firm will possess leading industry experience in sectors including banking, energy, utilities, insurance, sports and entertainment, life sciences and healthcare, and telecommunications. "This strategic combination will create a premier New York law firm with extensive global reach," said LeBoeuf Lamb's Chairman, Steven H. Davis. "The quality, scale and scope we will offer as a combined firm will enable us to continue attracting the most prominent clients and to address complex and challenging legal issues our clients face on a national and global basis. Combining our strengths and collective resources into one organization advances LeBoeuf Lamb's goal to broaden and deepen our practice offerings and global presence, add highly skilled and dynamic lawyers and continue to focus on increasing profitability." "Dewey Ballantine has been focused on growth for some time, and this combination with LeBoeuf Lamb is an especially good fit. LeBoeuf Lamb brings a practice and industry focus that complements and enhances our areas of practice to create a powerful array of offerings for clients," said Morton Pierce, Co-chair of Dewey Ballantine. "Clients will benefit from significant additional resources from a firm with a presence in nearly every key international financial and commercial center, and we believe this combination is to the advantage of everyone at the firm and our clients worldwide." Dewey Ballantine and LeBoeuf Lamb, which are both headquartered in New York City, share a similar heritage and evolution, which is underscored by the firmsˇ¦ compatible cultures, values, and visions. Both firms have comparable operational and governance structures that will facilitate a smooth integration. Dewey Ballantine and LeBoeuf Lambˇ¦s financial metrics are also similar. Moreover, both firms share a strong commitment to the priorities highlighted in The American Lawyer's elite "AList," including associate satisfaction, diversity, and the provision of pro bono legal services. The merger of Dewey Ballantine and LeBoeuf Lamb creates a catalyst for increased growth and profitability. The combined firm will be favorably positioned to capitalize on its existing international presence for even greater global success. Dewey & LeBoeuf will build on the momentum of both firmsˇ¦ recent achievements: Dewey Ballantine LLP ("Dewey Ballantine") and LeBoeuf, Lamb, Greene & MacRae LLP ("LeBoeuf Lamb"), two leading international law firms, today announced that they have entered into a definitive agreement to merge, subject to partner approval. The combination will create a premier New York law firm with extensive global reach, bringing together some of the most prominent practices and industry leaders, with more than 1,300 attorneys in 12 countries and revenues approaching $1 billion. The combined firm, which will be known as Dewey & LeBoeuf LLP ("Dewey & LeBoeuf"), will be an established powerhouse in New York, Washington, D.C., and London, the most important cities for transaction deal flow. Dewey & LeBoeuf will cover 12 countries, ranking 13th globally and third among U.S. firms in terms of number of countries covered, as per ALM Global 100 2006. It will rank as the fifth largest firm in New York City with approximately 550 lawyers and the fifth largest U.S.-headquartered firm in London with approximately 170 lawyers. Dewey & LeBoeuf also will have a presence in nearly every key international financial and commercial center and will rank as the 14th largest firm by headcount and the 16th largest firm by revenue in the United States. Steven H. Davis will lead the combined firm as Chairman, with equal representation from Dewey Ballantine and LeBoeuf Lamb on its Executive Committee. The Dewey & LeBoeuf merger will result in a broader and deeper client offering with complementary practice areas and industry focus, providing an excellent fit. In the instances where both firms' practice areas are similar, the combination makes those areas deeper and stronger. For example, the combined firm will be characterized by market-leading practice groups such as mergers and acquisitions, complex litigation, intellectual property litigation, government investigations, international trade, capital markets, structured finance, private equity, antitrust, and tax. The combined firm will possess leading industry experience in sectors including banking, energy, utilities, insurance, sports and entertainment, life sciences and healthcare, and telecommunications. "This strategic combination will create a premier New York law firm with extensive global reach," said LeBoeuf Lamb's Chairman, Steven H. Davis. "The quality, scale and scope we will offer as a combined firm will enable us to continue attracting the most prominent clients and to address complex and challenging legal issues our clients face on a national and global basis. Combining our strengths and collective resources into one organization advances LeBoeuf Lamb's goal to broaden and deepen our practice offerings and global presence, add highly skilled and dynamic lawyers and continue to focus on increasing profitability." "Dewey Ballantine has been focused on growth for some time, and this combination with LeBoeuf Lamb is an especially good fit. LeBoeuf Lamb brings a practice and industry focus that complements and enhances our areas of practice to create a powerful array of offerings for clients," said Morton Pierce, Co-chair of Dewey Ballantine. "Clients will benefit from significant additional resources from a firm with a presence in nearly every key international financial and commercial center, and we believe this combination is to the advantage of everyone at the firm and our clients worldwide." Dewey Ballantine and LeBoeuf Lamb, which are both headquartered in New York City, share a similar heritage and evolution, which is underscored by the firmsˇ¦ compatible cultures, values, and visions. Both firms have comparable operational and governance structures that will facilitate a smooth integration. Dewey Ballantine and LeBoeuf Lambˇ¦s financial metrics are also similar. Moreover, both firms share a strong commitment to the priorities highlighted in The American Lawyer's elite "AList," including associate satisfaction, diversity, and the provision of pro bono legal services. The merger of Dewey Ballantine and LeBoeuf Lamb creates a catalyst for increased growth and profitability. The combined firm will be favorably positioned to capitalize on its existing international presence for even greater global success. Dewey & LeBoeuf will build on the momentum of both firmsˇ¦ recent achievements: http://www.judged.com/jdfirmdetail.php?firmid=1397 http://www.judged.com/jdfirmdetail.php?firmid=1397&page=12 Address : 7 Southwoods Boulevard, Phone : 518-463-5400, City : Albany Paul S. Devine has over 27 years of experience as a trial lawyer and has successfully defended public and school transportation providers and is experienced in municipal liability, products liability, civil rights claims, construction worksite accidents and catastrophic injury cases. He is Chairman of the Trial Lawyers' Section of the Nassau County and Suffolk County Bar Associations. Brian W. McElhenny has 26 years of experience in the courts on Long Island and downstate New York, and defending clients in municipal liability, Labor Law, product liability, insurance coverage and premises liability cases. He has tried more than 75 cases. He has also argued more than 60 appeals, including some which have resulted in precedent-setting decisions. He is a member of the Committee on Products Liability and the Committee on Insurance Coverage within the Torts, Insurance and Compensation Law Section of the New York State Bar Association. Joining Messrs. Devine and McElhenny in Goldberg Segalla's Long Island office are associates Marianne Arcieri, Christopher M. Hart and Samantha B. Lansky. Ms. Arcieri and Ms. Lansky have each been practicing since 1999 and concentrate their respective practices on the areas of insurance defense and coverage litigation, premises liability, worksite injury litigation, municipal liability litigation, appellate advocacy and railroad litigation. Mr. Hart concentrates his practice on the areas of insurance defense litigation, premises liability litigation, municipal liability litigation, worksite injury litigation, motor vehicle liability litigation. Each of Goldberg Segalla's newest attorneys in the Long Island office was formerly affiliated with Curtis, Vasile, Devine and McElhenny. Paul S. Devine has over 27 years of experience as a trial lawyer and has successfully defended public and school transportation providers and is experienced in municipal liability, products liability, civil rights claims, construction worksite accidents and catastrophic injury cases. He is Chairman of the Trial Lawyers' Section of the Nassau County and Suffolk County Bar Associations. Brian W. McElhenny has 26 years of experience in the courts on Long Island and downstate New York, and defending clients in municipal liability, Labor Law, product liability, insurance coverage and premises liability cases. He has tried more than 75 cases. He has also argued more than 60 appeals, including some which have resulted in precedent-setting decisions. He is a member of the Committee on Products Liability and the Committee on Insurance Coverage within the Torts, Insurance and Compensation Law Section of the New York State Bar Association. Joining Messrs. Devine and McElhenny in Goldberg Segalla's Long Island office are associates Marianne Arcieri, Christopher M. Hart and Samantha B. Lansky. Ms. Arcieri and Ms. Lansky have each been practicing since 1999 and concentrate their respective practices on the areas of insurance defense and coverage litigation, premises liability, worksite injury litigation, municipal liability litigation, appellate advocacy and railroad litigation. Mr. Hart concentrates his practice on the areas of insurance defense litigation, premises liability litigation, municipal liability litigation, worksite injury litigation, motor vehicle liability litigation. Each of Goldberg Segalla's newest attorneys in the Long Island office was formerly affiliated with Curtis, Vasile, Devine and McElhenny. The Philadelphia office represents the ninth for Goldberg Segalla, since it first opened in 2001. The office is located at 30 South 17th Street, Suite 1800, Philadelphia, PA, 19103-4005. Henry J. Noye, who joined the firm as a partner, will be resident in the Philadelphia office. Mr. Noye is a litigator who concentrates his practice on defending complex product liability, personal injury and commercial litigation cases. His product liability practice involves the representation of manufacturers, retailers, and distributors of a wide variety of industrial and consumer products including heavy industrial machinery; outdoor power equipment; glass products; medical devices and overhead commercial doors. Mr. Noye also has toxic tort experience, including the successful representation of manufacturers and distributors against claims of personal injury or property damage as a result of exposure to asbestos and silica. Mr. Noye is a certified Arbitrator for the Philadelphia County Court of Common Pleas, Compulsory Arbitration Program. Prior to joining Goldberg Segalla he was at McCarter & English for six years as a member of the firm's Products Liability Practice Group. Mr. Noye is admitted to the Bars of Pennsylvania and New Jersey. The Philadelphia office represents the ninth for Goldberg Segalla, since it first opened in 2001. The office is located at 30 South 17th Street, Suite 1800, Philadelphia, PA, 19103-4005. Henry J. Noye, who joined the firm as a partner, will be resident in the Philadelphia office. Mr. Noye is a litigator who concentrates his practice on defending complex product liability, personal injury and commercial litigation cases. His product liability practice involves the representation of manufacturers, retailers, and distributors of a wide variety of industrial and consumer products including heavy industrial machinery; outdoor power equipment; glass products; medical devices and overhead commercial doors. Mr. Noye also has toxic tort experience, including the successful representation of manufacturers and distributors against claims of personal injury or property damage as a result of exposure to asbestos and silica. Mr. Noye is a certified Arbitrator for the Philadelphia County Court of Common Pleas, Compulsory Arbitration Program. Prior to joining Goldberg Segalla he was at McCarter & English for six years as a member of the firm's Products Liability Practice Group. Mr. Noye is admitted to the Bars of Pennsylvania and New Jersey. In Ortega v. City of New York, 11 Misc. 3d 848, 809 N.Y.S.2d 884 (Kings Co. Sup. Ct. 2006), the tort of negligent spoliation of evidence is permitted for the first time in New York, despite the Court of Appeal's ruling in Metlife Auto & Home v. Joe Basil Chevrolet, Inc., 1 N.Y.3d 478, 775 N.Y.S.2d 865 (2004), refusing to adopt the tort of negligent spoliation of evidence. In Metlife a vehicle was alleged to be the source of a fire that destroyed the home of Metlife's insured. The manufacturer's insurance carrier, Royal, took possession of the vehicle after it agreed to indemnify the manufacturer. A representative of Royal agreed to preserve the vehicle. The vehicle was destroyed prior to any scientific analysis. Plaintiff Metlife sued as subrogee of its insured. Its sole cause of action against Royal was Royal's negligent destruction of the vehicle resulting in impairment of Metlife's ability to pursue its claim against the manufacturer. New York's highest court declined to adopt the tort in New York, holding that Royal owed no duty to Metlife. The decision contains an analysis of the tort of spoliation in other states, of New York's treatment of spoliation and of prior holdings in New York refusing to adopt the tort. The Court held that the ""burden of forcing a party to preserve [evidence] when it has no notice of an impending lawsuit, and the difficulty of assessing damages, militate against establishing a cause of action for spoliation in this case, where there was no duty, court order, contract or special relationship.""New York's lower courts have followed Metlife, with the Ortega court being the first to distinguish Metlife and read it as permitting the tort of negligent spoliation. In Ortega several motorists were seriously injured when their vehicle caught fire.In the underlying matter, counsel for the injured motorists served upon the City of New York an order to preserve the vehicle and permit inspection for a sixty day period. The order was issued on behalf of plaintiff Peralta only, who was not the owner of the vehicle. The City's police department took possession of the vehicle. It issued notices to Mr. Ortega (the owner) and the person who sold him the vehicle, advising that the car would be destroyed if left unclaimed. The car was sold as scrap and destroyed, before counsel for the motorists was able to inspect, photograph, and videotape the vehicle. The motorists commenced suit directly against the City of New York for spoliation of evidence and contempt. The Kings County Supreme Court held, for the first time in New York, that the motorists did have an independent cause of action for spoliation of evidence against the City, even if the City's violation of the order directing preservation of the vehicle was unintentional and merely negligent. The court held that the unintentional and inadvertent violation of a court order placed the matter ""squarely within one of the caveats set forth by the Court of Appeals in Metlife."" The Kings County Supreme Court held, however, that genuine issues of material fact existed as to the extent to which the Cit