Law Firm News

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Law Firm News

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Phillips Lytle, L.L.P.

Phillips Lytle Partner Kelly Mooney Lester Elected to Albany Medical Center Board of Directors
Kelly Mooney Lester, a Partner with Phillips Lytle LLP, one of the region’s largest full service law firms, was recently elected to the Albany Medical Center board of directors for a three-year term.

Albany Medical Center is northeastern New York’s only academic health sciences center. It consists of Albany Medical College, Albany Medical Center Hospital and the Albany Medical Center Foundation, Inc.

At Phillips Lytle, Ms. Lester focuses her practice in the area of family wealth planning, estate litigation and corporate law. She counsels individuals and business owners on a variety of issues related to business succession planning, tax, elder law, trusts, and estate administration. A member of the New York and Albany County Bar Associations, Ms. Lester holds a J.D. from Albany Law School of Union University and a B.A from Union University. In addition, she serves as a member of the advisory board for the Global Business Network and Capital District World Trade Center. Ms. Lester is a frequent lecturer for professional and community groups on topics related to corporate law, estate planning, trusts and estates.

08-22-2007

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Butzel Long

Butzel Long attorney David F. DuMouchel to be featured on panel discussion of Corporate Misconduct
Butzel Long attorney and shareholder David F. DuMouchel will be featured in a panel discussion on Corporate Misconduct entitled, "Conducting an Internal Investigation: Legal and Corporate Issues," on Tuesday, September 11, 2007 at The University of Detroit Mercy School of Law in Detroit.

The focus for the panel discussion is the dynamic relationship, both adversarial and cooperative, between the principal parties involved in a corporate investigation: the government (civil and criminal), the company, and the employees. The panelists include representatives from the United States Attorney’s Office, the Federal Bureau of Investigation, corporate counsel, outside counsel representing the employee and a forensic investigative accountant. The program is presented by PricewaterhouseCoopers LLP and the University of Detroit Mercy School of Law.

Mr. DuMouchel is based in Butzel Long's Detroit office and chairs the firm's Corporate Compliance, Internal Investigations and Criminal Defense practices.

Mr. DuMouchel's practice is limited to criminal defense, professional licensure and criminal health care matters, as well as internal corporate investigations and compliance. He has significant expertise in compliance matters involving the federal Clery Act regarding safety and security on campus at higher education institutions. Mr. DuMouchel's Clery Act expertise includes auditing/reviewing compliance, U.S. Education Department program reviews, development of compliance processes, procedures and programs, and internal investigations of compliance concerns.

In 2006, Mr. DuMouchel was appointed to serve on the American Bar Association's White Collar Crime Committee for a two-year term on the sentencing committee. He has served as a member of the Rules Advisory Committee and the U.S. District Court, Eastern District of Michigan and was a member of the U.S. District Court Committee on Magistrate Program Evaluation. He chairs the Federal Bar Association Criminal Defense Committee and has served as a member of the Advisory Committee, which drafted the Restatement of Law Governing Lawyers of the American Law Institute.

Mr. DuMouchel has been a member of the State Bar of Michigan Criminal Code Revision Committee, U.S. Courts Committee, and Grievance Committee. In addition, he is a member of the National Association of Criminal Defense Lawyers and was a Director in 1981. Mr. DuMouchel is a Master of Bench emeritus, American Inn of Court Ch. XI. He is a fellow of the American Bar Foundation and the Michigan State Bar Foundation. Mr. DuMouchel is a Fellow of the American College of Trial Lawyers and serves as a member of the criminal procedure and Michigan State Committees.

In 2004, Mr. DuMouchel, along with Laurie J. Michelson, gained their client's acquittal in one of the largest health care fraud trials in history in the U.S. District Court in Boston.

Mr. DuMouchel is a cum laude graduate of Wayne State University Law School (J.D., 1975) and the University of Detroit (M.A., 1972).

08-22-2007

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Shefsky & Froelich

Firm's Health Care Attorneys Protect Right to Privacy of Developmentally Disabled
Developmentally disabled residents’ right to privacy was affirmed, thanks to the advocacy of Shefsky and Froelich, Ltd. Shefsky and Froelich, representing several intermediate-care facilities for the developmentally disabled, prevailed in defeating a subpoena that would have allowed plaintiffs in a class-action suit unlimited physical access to observe residents in these facilities as well as unlimited access to the residents’ entire medical records, including medical, psychiatric, and even dental records, all without the residents’ or guardians’ knowledge.

Shefsky & Froelich attorneys Judith Sherwin, Thomas Kiser, and Kathleen Howlett, assisted by summer clerk Abraham Sandoval, argued that the subpoenas constituted an unreasonable invasion of the privacy rights of these vulnerable residents and were overly broad and unduly burdensome to the administrative personnel who manage these homes for the developmentally disabled. Also at stake was the right of Medicaid recipients in Illinois to preserve the privacy of their medical records from review without their permission or without notice.

In denying the requests for medical records and unencumbered visitation and observance in the facilities, the Court said:

"As written, the subpoenas seek an array of records, including even dental records, all imaginable medical records, psychological records, behavioral records, etc. . . . The Court does not understand how the entire medical history of the subpoenaed residents will aid [Plaintiff’s in determining how the residents are evaluated for community placement; whether residents have a meaningful choice in the determination; and whether Defendants comply with the utilization and discharge planning required under Medicaid].

"Plaintiffs’ subpoenas include blanket requests for all of the residents’ records, and this would include many records that may have little if anything to do with this litigation. The breadth of Plaintiffs’ subpoenas needlessly increases the burden on Defendants and Respondents.

"The Court recognizes that at times such sensitive information may be subject to discovery; here, however; in light of the marginal relevance of the information the observations are likely to yield, the Court cannot grant such intrusive discovery its imprimatur.

"[T]he Court finds that the subpoenas subject the residents and the [facilities] to undue burden, and are unenforceable as written."

The Shefsky team also argued that a Federal psychiatric–patient privilege was at issue due to the fact the subpoenas sought psychological and psychiatric records. The Court agreed, stating:

"The subpoenas themselves refer to documents relating to 'psychiatric' and 'Psychological' records.

"[T]he subpoenas are so overly broad that if the privilege applies to any documents covered by the psychotherapist privilege, those documents would fall within the sphere of the subpoenas’ applicability.

"This much is clear from the fact that the subpoenas on their face request all documents from Psychotherapists. The likely application of the psychotherapist-patient privilege further supports the Court’s conclusion that the subpoenas should be held unenforceable."

As a result of the Shefsky team’s successful motion, Plaintiffs have redrafted the subpoenas and are again serving them on the intermediate-care facilities for the developmentally disabled. Upon its receipt of the new subpoenas, the Shefsky team will assess whether the subpoenas seek protected confidential medical information and/or are overly broad and unduly burdensome, and if so, will file the necessary objections.

08-22-2007

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Mannheimer Swartling, PC

Kontakt East acquires YPI Yellow Pages Limited
Mannheimer Swartling has advised Kontakt East Holding on its approximately USD18 million acquisition of YPI Yellow Pages Limited.

YPI Yellow Pages Limited is the market leading Directory Services provider in Russian cities St. Petersburg and Perm, and the acquisition will strengthen the already leading position of Kontakt East Holding in Russia.

The Mannheimer Swartling team was headed by the partners Sven Lexner and Andrei Gusev. They were assisted by Carl Fürstenbach, who was project manager, and associates Caroline Thomsson, Ruslan Sadovnikov and Mirka Ylinen Gorne.

08-22-2007

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Mannheimer Swartling, PC

Mannheimer Swartling acts for Zao Svenska Handelsbanken in Russia
Mannheimer Swartling has acted as legal adviser to ZAO Svenska Handelsbanken in Russia in connection with a RUB 540.000.000 term loan agreement between ZAO Svenska Handelsbanken and ZAO YIT Citystroi.

The transaction closed on 19 July 2007 and was governed by Russian law. Sven Lexner was responsible partner. Fredrik Svensson and Victoria Bryxa worked with the matter.

08-22-2007

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Bell, Boyd & Lloyd, L.L.C.

Illinois Supreme Court Appoints Bell Boyd Partner to Cook County Circuit Court
The Illinois Supreme Court has appointed Bell Boyd partner Maureen Ward Kirby to fill a judicial vacancy in Cook County Circuit Court.

Ms. Kirby was appointed to fill the at-large vacancy created by the retirement of Circuit Judge Michael T. Healy. She was sworn into judicial office today in Chicago by Supreme Court Justice Anne M. Burke.

The Supreme Court fills interim judicial vacancies under authority granted it by the Illinois Constitution. Ms. Kirby was found qualified by the Chicago Bar Association and a Judicial Evaluation Committee established by Justice Burke. Former Chief Justice Ben K. Miller is chair of the Evaluation Committee.

Ms. Kirby's appointment terminates December 1, 2008.

A highly regarded member of Bell, Boyd & Lloyd's Litigation Group, Ms. Kirby has concentrated her practice in complex commercial litigation in state and federal courts. She joined the firm in 1988 as a summer associate, became an associate in 1989 and was elected partner in 1996. She also served as a law clerk for the Honorable James H. Alesia of the United States District Court for the Northern District of Illinois.

Nancy E. Bertoglio, Bell, Boyd & Lloyd's Managing Partner, praised Ms. Kirby for her skill as a litigator and for her commitment to civic and charitable activities. "I have long admired Maureen as a talented and experienced attorney who, despite her busy work schedule, still finds time for her colleagues and her community. We will be fortunate to have a woman of her stature serving in our Circuit Court."

"We at Bell Boyd who have been so fortunate to work with Maureen on a daily basis are both delighted at this recognition of her outstanding abilities, and saddened to lose such a valued colleague. Our loss is the Circuit Court's great gain," said John W. Rotunno, who chairs Bell, Boyd & Lloyd's Litigation Group.

Ms. Kirby has been an active member of her community, serving as an Executive Committee Member of the Rush University Medical Center Associates Board and as a Service Board Member of Midwest Palliative & Hospice Care Center.

She received her B.A. magna cum laude from Boston College in 1986 and her J.D. from Loyola University Chicago School of Law in 1989. She is admitted to practice in Illinois, to the Sixth Circuit Court of Appeals, the Seventh Circuit Court of Appeals and is a member of the Trial Bar of the United States District Court for the Northern District of Illinois.

08-22-2007

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Smith Anderson Blount Dorsett Mitchell & Jernigan LLP

John L. Jernigan and Gerald F. Roach Two of Four North Carolina Corporate Governance Lawyers Listed in The International Who's Who of Corporate Governance Lawyers
The International Who's Who of Corporate Governance Lawyers has included Smith Anderson partners John L. Jernigan and Gerald F. Roach in its annual listing of leading international corporate governance practitioners. The listing honors Mr. Jernigan and Mr. Roach as two of only four North Carolina-based corporate governance lawyers recognized this year.

Published by Who's Who Legal, The International Who's Who of Corporate Governance Lawyers identifies the leading international legal practitioners from a multi-step research process that involves input from both general counsel and corporate governance lawyers. www.whoswholegal.com

In addition to Smith Anderson, national and international law firms recognized for excellence in this publication include Cravath Swaine & Moore; Davis Polk & Wardwell; Gibson Dunn & Crutcher; Latham & Watkins; Sidley Austin; Simpson Thacher & Bartlett; Skadden Arps Slate Meagher & Flom; Sullivan & Cromwell; Wachtell Lipton Rosen & Katz; and Wilson Sonsini Goodrich & Rosati.

Mr. Jernigan serves as Smith Anderson’s Managing Partner and maintains an active practice including corporate governance, mergers and acquisitions, banking and corporate law. He represents businesses in complex commercial transactions, and has over 30 years experience structuring, negotiating, and closing mergers and acquisitions involving public companies and large privately-owned companies. He has advised public company boards on special committees, audit committees and corporate governance, and regularly advises companies and their boards and officers on general corporate and business law matters.

Mr. Roach heads Smith Anderson's Corporate Practice Team. His practice involves corporate governance, public offerings, domestic and international mergers and acquisitions; joint ventures; general corporate matters; private financings; technology law; and advising boards of directors and special committees. Over the past five years, he has represented parties in numerous transactions valued cumulatively at over $10 billion.

Mr. Jernigan and Mr. Roach are recognized as leaders in Corporate/M&A by Chambers USA: America's Leading Lawyers for Business which also honored Smith Anderson’s Corporate/M&A practice as "blessed with having one of the largest and most respected [corporate/mergers & acquisitions] teams in the market." Recognizing the strength of this practice, three of the top eight corporate/mergers & acquisitions lawyers ranked by Chambers in North Carolina are partners at Smith Anderson.

08-22-2007

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