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PHILLIPS LYTLE LLP GROWS ROCHESTER OFFICE
Phillips Lytle LLP, one of the region’s largest full service law firms, continues to grow its Rochester office with the addition of Kevin J. Mulvehill as an Associate with the firm.

Focusing his practice in the areas of commercial finance and labor, Mr. Mulvehill joins the firm’s Banking & Commercial practice group and the Labor, Employment & Immigration practice group. He holds a J.D. from University at Buffalo School of Law and is a graduate of Cornell University’s School of Industrial and Labor Relations. In addition, Mr. Mulvehill was the recipient of the 2006 Edith and David Goldstein award for debtor-creditor and bankruptcy law. He currently resides in Pittsford.

03-22-2007

Buddy Cox and Kevin Clark Obtain a Defense Verdict for Pharmacia Corporation
In the case of Clopton and Stinson v. Pharmacia Corporation, Buddy Cox and Kevin Clark, along with attorneys from St. Louis and other local firms, represented the defendant in this toxic tort case involving PCB contamination from a manufacturing facility in Anniston, Alabama. The case involved claims of personal injury and nuisance by two residents of Anniston and was tried in the United States District Court for the Northern District of Alabama. After the plaintiffs' case, one of the two plaintiffs was dismissed for failing to establish that his personal injury was caused by the defendant and both plaintiffs' nuisance claims were dismissed. On March 22, 2007, the jury returned a verdict for the defendant on the personal injury claim of the remaining plaintiff.

03-22-2007

Krugliak Wilkins Griffiths & Dougherty Co., L.P.A. Successfully Defends Girl Scouts
In a ruling that could have a positive affect on many non-profit entities, the Ohio Supreme Court on March 21, 2007, ruled that a store owned and operated by the Girl Scouts – Great Trail Council, based in North Canton, is exempt from real estate taxes. The Supreme Court ruled that even though the store, which sells Girl Scout-related items, turned a slight profit in one year, the Girl Scouts were not operating the store “with a view to profit.” The Girl Scouts – Great Trail Council service area includes the counties of Stark, Tuscarawas and Carroll.

The ruling could bolster tax exemption arguments by other non-profits operating Apr-07 store on their property that cater primarily to their own members and do not operate the stores to turn a profit. Non-profit entities are generally exempt from paying real estate taxes.

The Supreme Court affirmed the Ohio Board of Tax Appeal’s ruling issued in 2005. The Tax Commissioner had originally held that the Girl Scouts had to pay real estate taxes on the portion of their real estate because it housed a store. The store sold Girl Scout uniforms, badges and books to its members. The Girl Scouts appealed that ruling to the Board of Tax Appeals, where it prevailed, leading to the Tax Commissioner’sappeal to the Ohio Supreme Court. Had the Supreme Court reversed the Board of Tax Appeals ruling, all non-profit entities that sold items from their real estate may have lost their tax exempt status.

Krugliak Wilkins’ Director, Gregory D. Swope represented the Girl Scouts and obtained a reversal of the Tax Commissioner’s ruling before the Board of Tax Appeals and successfully defended that ruling before the Supreme Court of Ohio. Mr. Swope commented: “The Supreme Court looked at the motive of the Girl Scouts for operating the store, as required by the statute, and ignored the Tax Commissioner’s argument that any non-profit that sells items from their real estate should lose their tax exempt status. It was clear throughout this case that the Girl Scouts were not trying to make a profit, but simply provide a service to its members.

03-22-2007

Gide Loyrette Nouel Casablanca advised the Franco-Moroccan grouping Sagem - m2m, winner of the contract to supply electronic media for driving licences and vehicle registration documents in Morocco
The Gide Loyrette Nouel Casablanca office advised the French company, Sagem Défense Sécurité, and the Moroccan company, m2m, with regard to the tendering process for the contract to supply electronic media for driving licences and vehicle registration documents in Morocco. The two companies, associated with Attijari Risk Capital, won the tendering procedure launched by the Moroccan Public Works and Transport Ministry in January 2006.

This concession, which is for a fixed term of 7 years, involves devising, operating, financing and maintaining a driving licence and vehicle registration document management system. The project will require overall investment of around MAD 84 million. The first new electronic documents will be produced at the end of June 2007.

The Gide Loyrette Nouel legal team assisting Sagem Défense Sécurité - m2m in this transaction was led by Hicham Naciri, partner, assisted by Philippe de Richoufftz and Thomas Urlacher, associates.

03-22-2007

Fisher & Phillips Wins Top Marketing Award
The Legal Marketing Association awarded Fisher & Phillips LLP 1st Place in its "Your Honor Awards" program in the category of "Single Advertisement." The honor was announced March 22 during the LMA's national conference in Atlanta.

The LMA "Your Honor Awards" is the vehicle by which the professional organization honors the marketing products and services produced by the legal industry. The LMA website states the awards "stand for the best of the best.

03-22-2007

Williams Mullen Real Estate Practice Adds Five Attorneys
"Williams Mullen announced today that Steven D. Delaney and Jennifer Hawkins McCarthy have joined the firm as partners, and Mark J. Kronenthal, II, and Lauren M. Thomas have joined as associates.

Michael P. Nicholson also joins the firm as an associate.

Each will work in the firm's real estate section in the Richmond office.

The Real Estate Section of Williams Mullen provides clients with innovative, cost-effective assistance in all areas of real estate and land use law. Section members represent a wide variety of clients including national retailers, developers, public companies, real estate investment trusts, title insurance companies, shopping centers, lending institutions, bank trust departments, pension funds, and non-profit institutions. Attorneys function as an integral part of our clients' management teams and deliver comprehensive resources to complete their real estate transactions. Our clients also benefit from our extensive experience in handling real estate transactions throughout the United States and Canada through our relationships with national brokers, title companies, developers, surveyors, engineers and environmental consultants. In addition to our experience in general real estate law and practice, we also have extensive experience in specialized areas of the law such as retail roll out programs, tax deferred exchanges, multi-state acquisitions and dispositions, and syndicated tax credits."

03-22-2007

Levin Comments on Dual-Agency Transactions
Barry F. Levin, a Partner in the Business and Real Estate departments in the Firm's Baltimore office, was quoted in this article about brokers representing both the landlord and the tenant in a transaction, also known as a dual-agency transaction.

When Saul Ewing's Baltimore office changed location, the Firm and the landlord had different brokers, but Mr. Levin said he would not have minded if the brokers had worked for the same company.

“As long as they disclose it, everybody knows what the ground rules are,” Mr. Levin said. “It clearly can be done and can be done very effectively.

03-22-2007

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