Law Firm News

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Law Firm News

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Pillsbury Winthrop Shaw Pittman LLP

Pillsbury Scores Touchdown for Sinclair Broadcasting
Call it a drop kick, touchdown and last-minute save all at the same time. Two days before the Super Bowl was scheduled to air, football fans in Iowa were faced with the very real fact that they would not be able to watch the ultimate Midwest matchup between the Chicago Bears and Indianapolis Colts. At issue was the refusal of cable operator Mediacom Communications Corporation to pay Pillsbury Winthrop Shaw Pittman client Sinclair Broadcasting, Inc. for rebroadcasting rights for 22 television stations and the network programs they carry, including the Super Bowl. When Mediacom refused to pay, Sinclair ordered Mediacom to cease carrying the signals. By federal law, a TV provider such as a cable company, like Mediacom, cannot carry a local station's signal without its permission.

"This case is the most significant test to date of that law, which Congress passed in 1992, permitting broadcasters to seek fees from cable systems for the retransmission of broadcast programming. Congress recognized that as the cable industry began to compete with broadcasters, it no longer made sense for the cable systems to be able to take the broadcaster's signals for free. Among other things, the law gave broadcast stations the explicit right to negotiate for compensation -- which is exactly what our client tried to do," said Kathryn Rider Schmeltzer, a communications partner with Pillsbury Winthrop Shaw Pittman in Washington DC, who represents Sinclair before the FCC. "When Mediacom stalled negotiations and refused to reach an agreement, Sinclair had every right to pull access to the stations. Mediacom then asked the FCC to force Sinclair into binding arbitration. We pointed out that 'binding arbitration' was just Mediacom's euphemism for forced carriage with arbitration over the price. The FCC held that Sinclair had every right to pull its programming if Mediacom wasn't interested in paying for it."

The standoff came to an end after a year of negotiations didn't produce an agreement on retransmission fees. Last September Sinclair ordered Mediacom systems in several states to remove Sinclair's broadcast signals by November 30. Mediacom responded by filing an antitrust lawsuit in the Southern District of Iowa. Pillsbury represented Sinclair, along with local Iowa counsel Jay Helton and Jaki Samuelson of Whitfield & Eddy, in battling Mediacom’s Motion for a Preliminary Injunction. After the chief judge of the district court refused to enjoin Sinclair from removing its signals, Mediacom filed an appeal with the Eighth Circuit which it subsequently dismissed. Mediacom also filed a complaint and a barrage of other papers with the FCC seeking an order preventing Sinclair from removing its signals. It lobbied heavily at the FCC, which had granted permit-but-disclose ex parte status to the proceeding, and also took the battle into Congress and the Iowa state legislature, which held a hearing on the dispute.

On January 4, the FCC rejected Mediacom's complaint, ruling that Sinclair had fully met its obligation to negotiate in good faith. In what may be a more serious blow, the FCC also ruled that it is reasonable for broadcasters to seek fees on parity with those paid by cable operators for "cable" networks such as Fox News and ESPN. With winning decisions from the FCC and a federal court in hand, on January 6 Sinclair, after granting Mediacom a temporary extension from November 30, 2006 – January 5, 2007, ordered Mediacom to drop its signals.

Pillsbury communications lawyer John Hane said that the FCC's decision was the turning point that led to the final field goal for Sinclair.

"When Mediacom realized that they had to negotiate or leave their cable subscribers out in the cold for the biggest game of the year, they agreed to come to the bargaining table just two days before the Super Bowl was to air. In addition to negotiating an acceptable economic arrangement, Mediacom agreed to dismiss all FCC and court filings and to pay for Sinclair's legal fees from the dispute--a complete victory for our client," said Hane.

Drawing on the firm's strong communications, antitrust and litigation experience, Sinclair retained Pillsbury to handle the dispute less than two weeks before the antitrust motion was to be heard in the Iowa court. Pillsbury got the case on October 12, filed opposing papers on the 17th, argued the motion in court on the 18th and won on October 24th. The firm has represented Sinclair on all subsequent motions and litigation related to the matter.

In addition to Schmeltzer and Hane, the other members of the Pillsbury legal team are Richard Liebeskind, Steve Dahm, Barry Gottfried, Emily Helser, Osman Handoo, Alvin Dunn and Jarrett Taubman, all from the firm's Washington, DC office.

02-06-2007

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Miller Nash LLP

Miller Nash Lawyer Peter Richter Selected as “Best of the U.S.”
The Best of the U.S. LLC, announced that Peter Richter, a partner of Miller Nash LLP, was recently included in its 2007 “Best of Class” lawyers in the United States.

The Best of the U. S. LLC is an independent firm that reviews the credentials of practitioners in fourteen professions to determine the “Best of Class” in each. Richter is one of 68,000 professional service providers chosen from more than 2 million actively practicing professionals in the country.

The selection process is based on identifying those professionals who have continued their education, provide leadership in their industry, and have been recognized as the best by their peers, their industry and their community. More than 68,000 doctors, lawyers, financial advisors, dentists, physical therapists, chiropractors, real estate agents and tax professionals are currently listed.

02-06-2007

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Miller Nash LLP

Miller Nash Names Partners Mary Ann Frantz and John Neupert to Executive Committee
Miller Nash, a multi-service law firm with five offices throughout the Northwest, announces the election of partners Mary Ann Frantz and John Neupert to the firm’s Executive Committee.

“We are pleased to add the strong leadership skills of Mary Ann and John to our committee,” said Tom Sand, managing partner. “They have been integral to the growth of the firm over the last 28 years and we look forward to applying their vision of the firm to this important committee.” The Executive Committee is responsible for setting firm policy, oversight and strategic direction.

Mary Ann Frantz joined the firm in 1978. She focuses her practice on securities, corporate governance, mergers, acquisitions and business transactions. She is a member of the Oregon State Bar and the American Bar Association Committee on Federal Regulation of Securities. Frantz provides pro bono services to a number of nonprofit organizations, including Neighborhood House, where she serves on the board of directors. She has been selected as one of the Top 25 Women Oregon Super Lawyers for Securities & Corporate Finance and has also been recognized in The Best Lawyers in America, as a top attorney in the areas of banking and corporate law.

John Neupert also joined the firm in 1978. He focuses his practice on complex commercial litigation in state and federal courts in the Northwest and in numerous other jurisdictions. Neupert is a member of the Oregon State Bar, the American Bar and the Multnomah Bar Associations. He is listed in Chambers USA Guide 2006 as a leading commercial litigation lawyer as well as in Super Lawyers.

02-06-2007

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Tucker Arensberg, P.C.

TUCKER ARENSBERG ANNOUNCES NEW ATTORNEY HIRES
The law firm of Tucker Arensberg, P.C. announced that Edward C. Spontak and Danielle L. Hodnicki joined the firm as associates.

Edward C. Spontak is an attorney in the firm’s litigation department. Ed has handled products liability, construction and commercial cases and has litigated claims in twenty-five states.

Ed is admitted to the Supreme Court of Pennsylvania, the Western District of Pennsylvania, the Supreme Court of the United States and is a member of the Allegheny County Bar Association.

Ed graduated from Syracuse University in 1997 with a Bachelor of Science degree in economics and management, magna cum laude. He completed an honors thesis relating to sustainable economic development, and was elected to the Omicron Delta Epsilon economics and the Beta Gamma Sigma management honor societies. He received his Juris Doctor from the University of Pittsburgh School of Law in 2001.

Danielle L. Hodnicki is an attorney in the firm's litigation department and concentrates her practice in general civil litigation and workers' compensation.

Danielle received her Bachelor of Arts degree in History, Political Science and Communications, cum laude, from the University of Pittsburgh in 2002. She received her law degree from the University of Pittsburgh School of Law in 2005. While in law school, she served as President of the Phi Alpha Delta legal fraternity.

Danielle is licensed to practice before all Pennsylvania, Ohio and West Virginia state courts. She is also admitted to practice before the United States District Court for the Western District of Pennsylvania, the United States District Court for the Northern District of West Virginia and the United States District Court for the Southern District of West Virginia.

She is a member of the Young Lawyers Division of the Allegheny County Bar Association and was one of several young lawyers in the Pittsburgh area chosen to be a part of the 2006-2007 class of the Young Lawyers Division Bar Leadership Initiative program. She is also a member of the Pennsylvania Bar Association, the Ohio Bar Association, the West Virginia Bar Association and the American Bar Association.

02-06-2007

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Strasburger & Price, LLP

Strasburger Names Seven New Partners; Four Women and Three Men
Strasburger & Price, LLP, is excited to announce that the firm has elected seven of its attorneys to the partnership on January 1, 2007. Selection of the new partners was based upon legal ability, length of time in practice, productivity, client service skills, professional and community activities, and dedication to the firm. Strasburger continues to promote qualified candidates who serve our clients’ best interest.

Congratulations to the 2007 New Partners. Christine Carbo • Houston Christine Carbo is a litigator who focuses her practice in the areas of admiralty/maritime and energy law. Ms. Carbo routinely represents onshore and offshore drilling, exploration, and service companies, vessel owners, shipyards and marine contractors in matters filed throughout Texas and Louisiana. Ms. Carbo joined the firm as an associate in 2001. She is licensed to practice in the State and Federal Courts of Texas and Louisiana.

Jerae Carlson • Houston Jerae Carlson is a trial attorney who assists clients with respect to commercial litigation, including insurance coverage disputes, and employment litigation. Ms. Carlson has represented businesses and individuals in cases involving claims of minority shareholder oppression, breach of contract, breach of fiduciary duty, fraud, misrepresentation, discrimination, harassment, and retaliation. She represents employers as plaintiffs in suits to enforce noncompete and nondisclosure agreements, as well as counsels and advises employers on a variety of employment issues. Ms. Carlson joined the firm as an associate in 2003.

Brad Fletcher • Dallas Brad Fletcher has more than 10 years of tax law and consulting experience, most notably in the healthcare and tax-exempt industries. His experience includes general tax planning, representing individuals, hospitals and tax-exempt organizations before the IRS, conducting operational analysis to ensure compliance with statutory and regulatory requirements, and assisting clients with issues unique to healthcare and tax-exempt organizations including joint ventures with taxable entities, applications for recognition of tax-exempt status, unrelated business income, physician compensation structure, private inurnment, private benefit, Intermediate Sanctions, and private foundation excise taxes.

Mr. Fletcher joined the firm as an Of Counsel in 2005. Mr. Fletcher is licensed to practice in Illinois and before the U.S. District Court for the Northern District of Texas Austin • Collin County• Dallas • Houston • San Antonio • Washington, D.C. • Mexico City Strasburger & Price, SC) Dana LeDoux • Houston Dana LeDoux provides advice and counsel to corporate clients on securities matters, including public reporting, public offerings, and private placements, as well as mergers and acquisitions, finance and general transactional work. While Ms. LeDoux assists clients in a number of industries, her practice focuses on representing clients in the oil & gas, energy services and maritime industries. Ms. LeDoux joined Strasburger as an associate in 2000.

Paul Sander • Collin County Paul Sander counsels a wide array of clients ranging from international investors to companies operating nationwide to local businesses. These clients represent such industries as real estate, electronics, manufacturing and distribution, security protection and marketing of insurance products. Mr. Sander is also involved in corporate acquisitions, restructurings and dispositions, including purchase and sale of operating divisions and corporations in bankruptcy settings. He has also assisted several non-profit corporations in obtaining tax exemptions from the Internal Revenue Service. Mr. Sander represents a number of companies in contract and related matters and serves as an ad hoc general counsel to several privately-held enterprises. Mr. Sander came to Strasburger as an Of Counsel in 2005.

Trent Stephens • Houston Trent Stephens is a trial attorney who litigates commercial matters involving construction defects, business torts, and contract disputes as well as personal injury and products liability matters. Mr. Stephens has first chair trial experience in both state and federal courts, as well as experience arbitrating various matters. Mr. Stephens has also handled appeals to the courts of appeals and Texas Supreme Court. Mr. Stephens joined Strasburger in 2002 as an associate.

Melissa Webb • Dallas Melissa Webb represents clients on a variety of corporate and securities transactions, including mergers and acquisitions; securities offerings and commercial loans, as well as other matters involving contract review, preparation and negotiation. Ms. Webb’s practice also includes advising clients in connection with securities law reporting and compliance, corporate governance issues and formation of business entities. Ms. Webb started as an associate at Strasburger in 1999.

02-06-2007

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Smith Haughey Rice & Roegge

SMITH HAUGHEY EXPANDS MEDICAL MALPRACTICE DEPARTMENT IN ANN ARBOR
With the addition of three principals from the law firm of Hebert, Eller & Chandler, PLLC in Bingham Farms, Smith Haughey Rice & Roegge has considerably expanded the depth of their medical malpractice department on the east side of the state. Smith Haughey is pleased to welcome Dale L. Hebert, Gary S. Eller, and Cheryl L. Chandler to the firm’s Ann Arbor office.

Dale spent the first portion of his legal career practicing personal injury defense at Feikens, Foster, VanderMale & DeNardis, P.C. before founding Hebert, Eller & Chandler and practicing medical malpractice defense in that setting for nearly 20 years prior to joining Smith Haughey. Dale received his Bachelor of Arts degree in economics with honors from Michigan State University, and his Juris Doctor from Detroit College of Law. He is admitted to practice in the state courts of Michigan and Ohio, and is a member of the American Bar Association, State Bar of Michigan, Washtenaw County Bar Association, Michigan Defense Trial Counsel, and the Michigan Society of Hospital Risk Managers.

Gary practices in the areas of medical malpractice defense and employment law in the health care industry. Prior to joining Smith Haughey, he was a principal with the law firm of MacArthur, Cheatham, & Acker and a founding partner of Hebert, Eller & Chandler, PLLC. Gary received his Bachelor in Business Administration degree from the University of Michigan and his Juris Doctor from the University of Detroit. He is admitted to practice in the state courts of Michigan and Ohio, and is a member of the Michigan Defense Trial Counsel, Defense Research Institute, and the Michigan Society of Hospital Risk Managers..

Cheryl has represented doctors and hospitals in medical malpractice actions for 25 years at the law firms of Hebert, Eller & Chandler, Wulfmeier & Ottenwess, and Schureman, Frakes, Wulfmeier & Glass before joining Smith Haughey. Cheryl received her Bachelor of Science degree in secondary education from Miami University and her Juris Doctor from the University of Detroit. She is admitted to practice in the state and federal courts of Michigan, is a member of the American Bar Association and serves as a member of the of the State Bar of Michigan’s Character and Fitness Committee.

Smith Haughey Rice & Roegge has been helping our clients overcome challenges and take advantage of opportunities since 1941. With offices in Ann Arbor, East Lansing, Grand Rapids, and Traverse City, and more than 90 attorneys and counselors, we offer some of the most comprehensive legal experience available in the areas of Business and Property Law, Health Law, Construction Law, and Litigation.

02-06-2007

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Senniger, Powers, Leavitt & Roedel's, P.C.

Senniger Powers Attorneys Included in The Best Lawyers in America® 2007
Senniger Powers partners Michael E. Godar and John K. Roedel, Jr. were recently selected by their peers for inclusion in The Best Lawyers in America® 2007 (Copyright 2006 by Woodward/White, Inc., of Aiken, S.C.). A list of St. Louis attorneys included as Best Lawyers can be found in the February 2007 issue of St. Louis Magazine.

The 2007 edition is the thirteenth edition of The Best Lawyers in America. Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence in the United States. Because Best Lawyers is based on an exhaustive peer-review survey in which 24,000 leading attorneys throughout the country cast almost two million votes on the legal abilities of other lawyers in their specialties, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice.

02-06-2007

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