Law Firm News

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Law Firm News

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Miller, Johnson, Snell & Cummiskey, P.L.C.

Priority Read – Employment Law Update Winter 2007
Employment Law Update, provides legal news and updates for employers. Each issue includes articles written by Miller Johnson attorneys, information about upcoming Miller Johnson events and much more.

IN THIS ISSUE:

* Retaliation Claims Get A Boost From the High Court
* How To Pay Competitive Wages without Violating Antitrust Law
* What’s in a Name? Superintendent, Supervisor, Foreman, Working Forman, Lead
* If You do Business with the Medicaid Program, Here’s a Priority Read:
Update on the Deficit Reduction Act
* Legal Clips
* Court Briefs
* Miller Johnson in the News
* Upcoming Workshops
* Client Newsletter Survey Results
* Save the Date

02-20-2007

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Miles & Stockbridge P.C.

Darah Okeke Presented With AJ Cooper Award
Miles & Stockbridge P.C. is pleased to announce that Darah Okeke was presented with the AJ Cooper Award at the 32nd Annual Black Law Student Association’s Scholarship and Awards Banquet on February 17th.

The AJ Cooper Award was named after the founder of the Black Law Students Association (“BLSA”) and is presented to a University of Maryland law student who has furthered the distinguished legacy of the Black Law Student Association.

Darah joined Miles & Stockbridge as a summer associate in 2005 and returned again in the summer of 2006. She is currently working in the firm’s Labor & Employment group as a law clerk.

“We are delighted and not surprised that Darah was presented with this award," said Randi Lewis, Director of Diversity and Professional Development at Miles & Stockbridge. “We are especially proud of her academic accomplishments and her contributions to our community.”

Darah sets a great example for all BLSA members, as she was the only second-year law student selected to join University of Maryland Law Review.

“Darah has been a true servant for BLSA since the moment she entered University of Maryland School of Law. She has been a BLSA volunteer for three years, with a major contribution during her second year, as the Black Law Student Association High School Essay Competition Committee Chair. We proudly share this honor with Darah," said Tashinda Glover, Vice-President of the Black Law Students Association for the University of Maryland School of Law Chapter.

02-20-2007

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Maslon Edelman Borman & Brand, LLP

Terri Krivosha Cited in Minneapolis-St. Paul Business Journal
Maslon partner Terri Krivosha's article "Earn-outs not the best way for businesses to bridge value gap," which appeared in the December 29th, 2006 issue of Minneapolis/St. Paul Business Journal, has been cited in a new article on earnouts appearing in the February 16, 2007 issue of the same publication. The article "Earnouts do not earn a place on this year's Top 50 M&A list," by Tom Smith, includes two references to Krivosha's article, as follows:

[He cited a recent Strategies column written for the Mineapolis/St. Paul Business Journal by Maslon law firm chair Terri Krivosha, who noted that earnout payments are seldom achieved. When they are, it's often only partially, or for an amount that has been renegotiated downward.]

[Stat agrees with Krivosha, who criticized earnouts. "They simply postpone the hard discussion and create an opportunity for disagreement after the sale has been closed," she wrote.]

Terri Krivosha is chair of the Maslon law firm and has extensive experience assisting businesses of all sizes to realize their goals, including initial formation, capitalization, growth through merger or acquisition, governance, and general business matters.

02-20-2007

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Lommen, Nelson, Cole & Stageberg, P.A.

Dan Satorius Addresses Digital Rights on Public Television
Lommen Abdo attorney Dan Satorius made a guest appearance on TECH TALK on Channel 17 - TPT this month. Dan discussed digital rights management. The program was produced by the University of Minnesota. Lommen Abdo client, Professor Jon Riedl, was also a guest. Listen to the program now.

02-20-2007

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Keller & Heckman LLP

Manesh K. Rath, Partner, Keller and Heckman LLP, Submits Amicus Brief in U.S. Supreme Court Case
Manesh K. Rath, a Partner at the law firm Keller and Heckman, filed an amicus brief in the landmark U.S. Supreme Court case BCI Coca-Cola Bottling Company of Los Angeles v. U.S. Equal Employment Opportunity Commission on behalf of the Society For Human Resource Management (SHRM).

The case examines the circumstances in which an employer is liable under federal anti-discrimination laws based on a subordinate supervisor's discriminatory bias where an employee was actually terminated by a neutral, unbiased decisionmaker.

Stephen Peters, an employee of BCI Coca-Cola Bottling Company, was asked to work over a weekend. Mr. Peters refused. His supervisor informed his human resource manager of Mr. Peters' refusal. The human resource professional asked several questions, examined Mr. Peters' personnel file, and then decided to terminate Mr. Peters. Mr. Peters sued, and submitted evidence that his supervisor was racially biased against African Americans.

The Tenth Circuit, adhering to holdings in several other federal circuits, held that an employer is liable for discrimination under Title VII if a biased supervisor's report was the cause of the HR manager's decision to terminate. The Tenth Circuit further held that the employer can avoid liability by conducting an adequate investigation prior to deciding to terminate, and that, at the least, that investigation should include asking the employee his side of the story.

Manesh Rath argued on behalf of SHRM that Title VII does not permit the courts to require an HR professional to conduct a full investigation for every termination. Mr. Rath and SHRM further argued that HR professionals should be allowed to use professional experience and business judgment to determine the appropriate action to take based on the circumstances at hand in order to achieve fairness and compliance.

02-20-2007

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Holme, Roberts & Owen, L.L.P.

HRO Acquires Three Partners in Los Angeles Office
Holme Roberts & Owen LLP (HRO) announces that Edwin G. Schuck, Jr., and Karen I. Calhoun, each formerly of McDermott Will & Emery LLP, and Lawrence P. Ebiner, formerly of Morrison & Foerster LLP, have joined the firm’s Los Angeles office as partners. With the addition of these three laterals, HRO now can serve clients in California on litigation, antitrust, real estate, intellectual property, and media corporate law.

Edwin Schuck will chair the California corporate law and tax groups. Mr. Schuck’s corporate experience lies primarily in mergers and acquisitions, joint ventures, and cross-border transactions. In his tax practice, he specializes in corporate, finance, partnership, real estate, executive compensation, and in international taxation and federal, state, and local tax controversies. He has extensive experience in tax-oriented transactional work, such as mergers and acquisitions, public debt and equity offerings, joint ventures and alliances, start-ups, leveraged leases, project finance real estate deals, entertainment projects, cross-border transactions, work-outs, minerals, oil and gas, employee stock ownership plans, and financial products.

Mr. Schuck is an active member of the Tax Sections of the American Bar Association, the International Fiscal Association, the International Bar Association, and the Los Angeles County, and California State Bars. He is an adjunct professor at the Golden Gate University School of Taxation and has held lecturer and adjunct professor positions at several other California and graduate tax schools. Mr. Schuck is a contributor to a number of prestigious publications, is listed in Chambers and Partners America’s Leading Lawyers, and is a frequent lecturer at CEB and CLE programs. He obtained his B.S., M.B.A., and J.D., cum laude, from Columbia University.

Karen Calhoun is a member of the firm’s Commercial Law & Securities practice group. She has over 15 years of experience representing clients in corporate transactions, including mergers and acquisitions, securities registration and reporting, private equity financings, and technology and intellectual property licensingMs. Calhoun has worked with clients in a variety of industries, including health care, distribution, manufacturing, technology, financial services, real estate, and sporting goods. She has been an author and speaker on an array of topics, including capital structure, drafting agreements, restricted securities, choice of entity, limited liability companies, and sources of financing. Ms. Calhoun obtained a B.A., cum laude, from Claremont McKenna College and a J.D. from the University of San Francisco School of Law. She was a judicial extern for the Honorable Armand Arabian (Ret.) of the California Supreme Court.

Mr. Ebiner is a seasoned trial lawyer who focuses on complex business, energy, real estate, and intellectual property litigation in federal and state courts. Mr. Ebiner has represented clients in a variety of industries, including technology companies, manufactures, developers, financial institutions, and real estate ventures. His intellectual property practice includes litigation and client counseling in the areas of trade secrets, licensing disputes, copyright, and privacy. His energy practice includes representations of independent power producers, alternative energy suppliers, natural gas companies, and other energy concerns.
Mr. Ebiner received his J.D. in 1985 from the University of California School of Law (Los Angeles). Before joining Holme Roberts & Owen LLP, he practiced for 20 years with Morrison & Foerster LLP. He clerked for U.S. District Court Judge Lawrence K. Karlton of the Eastern District of California and was a judicial extern for the Honorable Stephen R. Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. Mr. Ebiner has extensive mediation, arbitration, and trial experience. He regularly counsels clients in connection with efforts to avoid or minimize the risks of litigation and has extensive experience in various alternative dispute resolution procedures.

Mr. Ebiner is the author of numerous publications, the most recent of which is the CEB California Discovery Practice Guide, which he co-authored. He is also an expert in the protection and discovery of e-mail and other electronic records and is a frequent speaker on the topic. Mr. Ebiner has been a member and director of numerous non-profit organizations and is currently a director of the UCLA Law School Alumni Association. He has been actively involved in promoting diversity in the legal profession and was one of the original members of the Orange County Diversity Task Force.

02-20-2007

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Harrang, Long, Gary & Rudnick, P.C.

STATE OF OREGON V CITY OF SALEM
Marion County Circuit Court Judge Mary Mertens James issued a decision favorable to our client, the Salem Urban Renewal Agency, in the Salem Conference Center case. The Salem Urban Renewal Agency was sued by the state Bureau of Labor and Industries for failure to require payment of prevailing wages on the Grand Phoenix Hotel, a hotel that is located adjacent to the publicly-owned Salem Conference Center. The Bureau contended that the timing of the construction of the hotel, its proximity to the conference center, certain development requirements imposed by the Agency and the interconnectivity between the operations in both buildings (which include the Agency's leasing of some space in the hotel) created an obligation of the Agency and the hotel general contractor to pay prevailing wages. Based on the private ownership, financing and operations of the hotel we argued that there was not sufficient public involvement in the hotel to require payment of prevailing wages. After reviewing the parties' cross-motions for summary judgment, Judge James agreed with our position, holding that state laws regarding payment of prevailing wages do not apply to the hotel.

02-20-2007

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