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Miller Canfield Attorney Elected to Board of Silent Observer
Jennifer M. Van Horn , a senior attorney in the Grand Rapids office of Miller Canfield, has been elected to the board of directors of Silent Observer, the CrimeStoppers Program for the Greater Grand Rapids Area. She will also serve on its golf committee.

At Miller Canfield, Van Horn practices domestic relations, personal injury and tort litigation, employment, product liability, and commercial litigation.

She is a member of the State Bar of Michigan, Ingham County Bar Association, Grand Rapids Bar Association, American Bar Association, and is a fellow of the Michigan State Bar Foundation. She is also a member of the Defense Research Institute, Michigan Defense Trial Counsel, American Inns Court: MSU – Detroit College of Law, Transportation Lawyers Association and Inforum. She is a Case Evaluator serving on panels in Eaton, Clinton, Ingham and Kent Counties. She also is a court appointed attorney for the Juvenile Courts of Ingham and Eaton counties, and Ingham County Probate Court. She is a member of the Stewardship Committee at St. John Vianney. She is recognized in the Litigation section of the 2006 Michigan Super Lawyers.

She received her law degree from Wayne State University Law School, cum laude, in 1995, and received her B.A. from Michigan State University in 1992.

02-21-2007

Benjamin J. Hofileña to Lead Philippine American Bar Association
Benjamin J. Hofileña, Jr., an associate in McDermott Will & Emery's Los Angeles office, will be inducted as the president of the Philippine American Bar Association (PABA) during the organization's annual banquet. McDermott associate Arnold Pamplona will be installed as a member of PABA’s Board of Governors as well.

Mr. Hofileña, a member of the PABA board for three years, focuses his practice on all areas of intellectual property, including patents, trademarks, copyrights and trade secrets. He earned a J.D. from Loyola Law School-Los Angeles and a B.S. in physiological science from UCLA. During his last year of law school, Mr. Hofileña served as a judicial extern to the Honorable Stephen R. Reinhardt of the U. S. Court of Appeals for the Ninth Circuit.

As a member of the Firm's Health Department, Mr. Pamplona counsels health care providers and affiliated entities regarding administrative appeals, Medicare and Medi-Cal reimbursement regulations, federal and state securities laws, and laws governing health care fraud and abuse (Stark, Anti-Kickback and False Claims Acts). He has experience on all aspects of hospital and pharmacy changes of ownership. Mr. Pamplona also has represented health care providers in all aspects of civil and administrative litigation. He earned his J.D. cum laude from Loyola Law School-Los Angeles, and a B.S. and B.A. cum laude from Loyola Marymount University.

PABA of Los Angeles was formed in response to expressed interests in addressing the legal issues confronting the Pilipino American community as well as meeting the professional concerns of Pilipino American lawyers in Southern California. PABA sponsors community legal clinics focusing on various areas of the law and provides pro bono legal services. PABA also provides continuing legal education seminars and professional development opportunities, and assists Pilipino American law students with its scholarship fund and mentorship program.

02-21-2007

Loeb & Loeb’s Real Estate Department Handles Four of the Top 35 Manhattan Office Leasing Deals in 2006
Crain’s New York recently released the CoStar Group’s 2006 roundup of the largest Manhattan office leasing deals and Loeb & Loeb’s Commercial Real Estate Group handled four in the top 35, three of which were in the top 20. The deals included 245,000 rentable square feet at 345 Park Avenue South to Digitas Inc.; 221,000 square feet at 199 Water Street to Aon Corporation; 205,000 square feet at One World Financial Center to Willis Group Holdings; and 136,000 square feet at 261 Madison Avenue to Primedia Inc.

02-21-2007

New PLI Book by Kaye Scholer's White Collar Litigation and Internal Investigations Group Helps Lawyers Minimize Corporate Liability
Practising Law Institute (PLI), the nation's leading provider of continuing legal education, and international law firm, Kaye Scholer LLP, announce the release of the Deskbook on Internal Investigations, Corporate Compliance and White Collar Issues — a vital new treatise that enables lawyers to minimize a corporation's exposure to criminal and regulatory liability at a time when that danger has increased dramatically.

The Deskbook provides comprehensive coverage of criminal and regulatory procedure, explaining how attorneys can conduct internal investigations in a manner that preserves the attorney-client privilege and work product protection, while obtaining sufficient facts to allow the company to deal quickly and effectively with any suspected wrongdoing.

The Deskbook offers step-by-step guidance on how lawyers can help corporations deal with prosecutors and regulatory agencies during investigations in order to mitigate the impact of possible criminal and regulatory sanctions. The Deskbook explores the impact of the Department of Justice's recently-released "McNulty Memorandum."

The Deskbook guides attorneys on how to develop and implement a corporate compliance program in accordance with Federal Sentencing Guidelines that detects and prevents illegal conduct — a major step that can qualify a corporation for federal leniency initiatives if employees are found guilty of wrongdoing.

The Deskbook provides detailed checklists that spotlight the "best practices" lawyers should follow when they conduct internal investigations, seek the mitigating benefits of cooperation without waiving work product protection, represent multiple employees, respond to searches and seizures, help government contractors avoid debarment, and negotiate deferred prosecution agreements.

The Deskbook contains "lessons learned" from such notable cases as the Martha Stewart prosecution and conviction, the Arthur Andersen prosecution, the President Clinton impeachment proceedings, and the Enron and Worldcom scandals.

What People Are Saying About the Deskbook

"The book is breathtaking in scope. I can't imagine a more important resource to have near at hand."

John Feerick
Professor of Law and former Dean
Fordham Law School

"The White Collar Criminal Deskbook is an essential and superb resource when representing a client facing investigation or prosecution."

Stephen E. Kaufman, Esq.
Leading White Collar Defense Attorney
and Fellow, American College of Trial Lawyers

"It is an impressive treatise on legal practice in the white collar crime area, broadly defined. Corporate counsel will find the Deskbook enormously useful."

James B. Jacobs
Professor of Law
NYU School of Law

"Provides concise, accurate and indispensable advice to corporate counsel."

Leonard Orland
Professor of Law
University of Connecticut School of Law

"An excellent tool for the experienced, and an important guide for everyone to the pitfalls that await you."

Bart M. Schwartz
former Chief, Criminal Division, United States Attorneys' Office,
Southern District of New York and advisor to major corporation.

02-21-2007

US Supreme Court Vacates $80 Million Punitive Award
In a 5-4 decision much anticipated by business clients across the country, the United States Supreme Court yesterday reversed an Oregon jury's $79.5 million punitive damages award against cigarette manufacturer Philip Morris. In Williams v. Philip Morris USA , Justice Breyer, writing for the majority, held that to permit a jury to award damages based "in part upon its desire to punish the defendant for harming persons who are not before the court," would "amount to a taking of 'property' from the defendant without due process." Accordingly, the opinion instructs State courts that they must provide guidance to juries to avoid the "risk of unfairness" that may arise from a jury's confusion between the two distinct concepts of (1) properly considering harm to non parties to "determine reprehensibility"; and (2) improperly punishing "for harm caused strangers." The Court reversed the punitive damage award and remanded the case to the Oregon Supreme Court for further review, and possibly a new trial. The Court's two newest members, Justice Samuel Alito and Chief Justice John Roberts, joined the majority. Following BMW v. Gore (1996) and State Farm v. Campbell (2003), the Williams decision represents the high court’s latest attempt to provide additional constitutional protection against runaway punitive damage awards. The Williams Court's unequivocal holding that a jury may not increase a punitive damages award to punish a defendant for harm to nonparties represents a significant extension of the Supreme Court's earlier punitive damages restrictions, and is undoubtedly a sound defeat for the plaintiffs' bar.

The plaintiff in Williams was the estate of deceased cigarette smoker, Jesse Williams, whose widow alleged his death was caused by smoking. Mrs. Williams also alleged that her husband thought it was safe to smoke, and was deceived by the cigarette manufacturer. A jury awarded Williams' estate $821,000 in compensatory damages and $79.5 in punitive damages. One critical question left unresolved by the Williams opinion is whether the 100:1 ratio between the punitive damages award and the plaintiff's compensatory damages was excessive. The Oregon Supreme Court held it was not, finding Philip Morris' conduct was extremely reprehensible. The U.S. Supreme Court found it unnecessary to address the question because the award will likely be reduced or the defendant awarded a new trial upon remand. The Court has thus far been hesitant to prescribe an express ratio limit.

Justice Stevens dissented, even though he authored BMW v. Gore, and was in the majority in the 6-3 Campbell decision just four years ago. Justice Stevens argued that the majority's holding was incorrect and its application unworkable. Justice Ginsburg, joined by Justices Scalia and Thomas, argued that even if the majority's holding were correct, there was no reversible error below. According to Justice Ginsburg, there was no evidence the jury considered harm to non-parties for any improper purpose, Philip Morris failed to preserve its objections, and the company’s lawyers submitted a confusing jury instruction. Justice Thomas wrote separately to reiterate his position that the Constitution places no due process limits on awards of punitive damages.

02-21-2007

New Public Law Partner Added
Godwin Pappas Ronquillo is pleased to announce the addition of Patricia B. Lehtola to the firm’s Public Law section as a Partner in its Dallas office. In addition to public law, her practice includes commercial litigation, banking, insurance, and labor and employment matters.

Ms. Lehtola began her legal career with the firm of Chamberlain, Hrdlicka, White, Williams & Martin and went on to refine her commercial litigation skills at Jenkens & Gilchrist. Later, she moved to the aviation boutique of Smith & Moore, where she was a partner in the firm's commercial litigation section. During the course of her career, she has tried multiple and varied negligence and commercial cases, in both federal and state courts.

Ms. Lehtola formed Lehtola & Associates, P.C. in 1995, which focused on commercial litigation, employer liability and other general tort litigation. Ten years later, she partnered with Vial, Hamilton, Koch & Knox, where she continued her commercial litigation practice.

Ms. Lehtola represents her clients in complex business disputes with a goal of resolving their matters efficiently, successfully and in the least disruptive manner possible. She is licensed to practice law in California (1984) and Texas (1985). Some of her significant/published cases include Federal Deposit Insurance Corporation v. J. Thomas Bell, et al, (United States District Court for the Northern District of Texas, Dallas Division); Trinity Industries, Inc. v. North Carolina Propane Gas Co and American Energy Inc. (Dallas District Court); Grun v. Countrywide Home Loans, Inc. (United States District for the Western District of Texas, San Antonio Division); Hodge v. Northern Trust Bank, N.A. (Dallas District Court); and Chase Manhattan Bank, N.A. v. Lindsay (Texas Supreme Court).

Ms. Lehtola’s community involvement includes serving as a Board Member for the Duke Law School Alumni Association and the Child Abuse Prevention Center. She currently serves as the Diversity Committee Chair of the Notre Dame Club of Dallas. She is a former board member for Camp Fire USA and the Hispanic Alumni of the University of Notre Dame.

Ms. Lehtola received a J.D. from Duke University School of Law in 1984 after graduating with a B.A. degree from the University of Notre Dame in 1981.

02-21-2007

Dykema Member Speaks At ABA Roundtable
Kiffi Ford, a member of the firm’s Employment Practice Group resident in its Lansing office, recently participated in the ABA/Law School Division, Sixth Circuit Spring Regional Roundtable on the subject, "Diversity in the Legal Profession."

Ms. Ford’s practice focuses on the defense and trial of complex employment cases in federal and state courts, and advising, training, and counseling companies on state and federal employment matters. She represents a broad range of state, national, and international clients in the full spectrum of employment and discrimination related matters, including noncompete claims, EEOC and other agency charges, lawsuits involving race, national origin, sex, same-sex, age, marital status, religious, pregnancy, and disability discrimination, ADA Title III or comparable state law accessibility issues, Whistleblower claims, Fair Labor Standards Act claims, equal pay claims, unemployment compensation, and wrongful termination. Ms. Ford also drafts employment manuals and policies, trans executives and employees, and negotiates employment contracts and settlements.

Ms. Ford received her B.A. from Trinity College and her J.D. from Wayne State University.

02-21-2007

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