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Baker & McKenzie Named Leading Asia Pacific Law Firm Again
Baker & McKenzie has been recognised as the leading multi-jurisdictional intellectual property law firm of the year again, by being named Asia Pacific IP Firm of the Year at the AsiaLaw IP Awards 2006 for the third consecutive year, at a ceremony held on 22 November 2006.

This award following the recommendations of over 100 in-house counsel working in the Asia Pacific region, was organised by the publication AsiaLaw and Practice, a subsidiary of Euromoney PLC.

Robert Arnold, Head of Baker & McKenzie’s Asia Pacific Intellectual Property Practice, commented: “2006 has been a particularly exciting year for Baker & McKenzie’s Asia Pacific IP Practice with the team working on a number of multi-jurisdictional cross border matters that demonstrate the value and importance of Baker & McKenzie’s network of offices across the region. We wish to take this opportunity to thank our clients with whom we have partnered on these new developments, for their continuous support,”

Baker & McKenzie has been advising its Asia Pacific clients, including leading global and local corporations and financial institutions, on IP matters for more than 40 years. It was short listed in 10 out of 13 jurisdictions – Australia, China, Hong Kong, Indonesia, Malaysia, the Philippines, Singapore, Taiwan, Thailand and Vietnam.

In addition to winning the overall AP regional award, Baker & Mckenzie was also named leading IP firm in Hong Kong, Indonesia and Vietnam (all for the third year running) and its Australian office was recognised as the 2006 Australia IP firm of the year.

12-07-2006

Andrews Kurth Gives to Food Bank in Name of Clients
During ABC Channel 13's "Share Your Holidays" event yesterday, Andrews Kurth's Houston Deputy Managing Partner Bob Jewell presented a $30,000 check from the firm to Brian Greene, President of the Houston Food Bank. The donation was made on behalf of the firm's clients and in recognition of the charity's ongoing efforts to serve the needy in Houston and the surrounding area.

The firm began the tradition of making a donation on behalf of the firm's clients last year when it gave the same amount in response to the enormous need created by the twin assaults of hurricanes Katrina and Rita on the Gulf Coast.

"When this year's holiday card and gift planning commenced, we asked ourselves: 'Why stop now?'" said Jewell. "The need is no less great this year. There are thousands of people going hungry in the Houston community."

With the help of Andrews Kurth and thousands more corporate and private donors, the food bank has distributed nearly 11 million pounds of food and disaster supplies since September 2005. In its continuing response to the displacement caused by the hurricanes, the Houston Food Bank established a second full-scale warehouse solely for disaster relief to accommodate increased distribution and has delivered food to 350 apartment sites housing hurricane evacuees.

According to data from the food bank, one in five children in Houston lives at or below the poverty level and, on any given day, 33,000 Gulf Coast residents are hungry.

"More than 809,000 people live in poverty in the 18-county area we serve," said Greene. "Andrews Kurth's gift can go a long way toward alleviating hunger for many of these individuals. Because the Houston Food Bank can turn a $1 donation into $8 worth of food, we will be able to provide nearly 150,000 meals with the firm's donation."

12-07-2006

Fredrickson Named to Board of Trustees for the National Sports Center for the Disabled
Congratulations to Todd A. Fredrickson who has been named to the Board of Trustees for the National Sports Center for the Disabled. NSCD began in 1970 as a one-time ski lesson for children with amputations for the Children's Hospital of Denver. Today, the NSCD is one of the largest outdoor therapeutic recreation agencies in the world. For more information.

12-07-2006

Miller Johnson Welcomes New Associates
Thomas S. Baker has joined the Grand Rapids-based law firm of Miller Johnson as an associate. Mr. Baker is a graduate of University of Detroit-Mercy School of Law and Hillsdale College. He will continue his practice in the area of litigation.

J. Patrick Hackett has joined the Grand Rapids-based law firm of Miller Johnson as an associate. Mr. Hackett is a graduate of Syracuse University College of Law. He will practice in the areas of business counsel and litigation.

Miller Johnson is a member of Meritas, an international alliance of nearly 200 business law firms in 50-plus countries. Meritas firms offer clients the ability to access high quality legal service worldwide through the network of almost 5,000 attorneys from a rich variety of diverse, cultural backgrounds and experiences.

12-07-2006

Supreme Court Issues Final Word on Unauthorized Practice of Law and Workers' Compensation
Yesterday the Ohio Supreme Court issued its decision in Cleveland Bar Assn. v. CompManagement, Inc. (2006), 111 Ohio St. 3d 444, 2006-Ohio-6108, concluding over four years of litigation regarding claims that CompManagement ("CMI"), a workers' compensation third party administrator, committed the unauthorized practice of law in its management of the workers' compensation claims of its customers.

In May 2004, the Board on the Unauthorized Practice of Law ("Board") found that CMI committed the unauthorized practice of law relative to a number of administrative tasks representing most of the services offered by a third party administrator ("TPA"). The Industrial Commission responded with Resolution R04-1-01 in which it defined permissible conduct by non-lawyers relative to the administration of workers' compensation claims. The Court then held in Cleveland Bar Assn. v. CompManagement, Inc. (2004), 104 Ohio St.3d 168, that "non-lawyers who appear and practice in a representative capacity before the Industrial Commission and Bureau of Workers' Compensation in conformity to Industrial Commission Resolution No. R04-1-01 are not engaged in the unauthorized practice of law." The Court remanded the case to the Board to determine whether CMI committed the unauthorized practice of law in light of the Resolution.

On remand, the Board found the following activities to represent the unauthorized practice of law: negotiation and involvement with settling claims; direct and indirect examination of witnesses at hearings; presentation of employer concerns, arguments, summations of evidence, conclusions regarding the import of factual information and/or closing statements on behalf of employers during hearings; recommendation to employers to appeal and take other legal action; and, recommendation to employers to retain legal counsel.

In its decision issued yesterday, the Court first held that "[a]n allegation of the unauthorized practice of law must be supported by either an admission or other evidence of the specific act or acts upon which the allegation is based." The Court then found that the allegations against CMI were either not supported by such specific evidence or did not represent the unauthorized practice in the first place.

*Settlement: A TPA "may make actuarial determinations regarding settlement, act as a messenger for the employer in regard to settlement, and file settlement applications without conducting the unauthorized practice of law, as these activities do not require the specialized training and skill of an attorney."
*Examination of witnesses: A TPA "who has not asked a question of the witness has not conducted an 'examination' of the witness and, thus, has not engaged in the practice of law. A [TPA] may properly communicate the employer's areas of concern to the hearing officer, who may then ask questions of the witness."
*Presentation of employer concerns and other hearing room issues: A TPA may express employer generated concerns, present facts and documents relevant to those concerns and request a final outcome in summation so long as this is done without legal argument or analysis.
*Recommendation of appeal/other legal action: A TPA may recommend appeal based upon claim cost considerations but not upon whether the appeal is legally supported.
*Recommendation to retain legal counsel: A TPA may determine and recommend that an employer retain legal counsel.

The Commission's Resolution is now conclusively established as the standard for non-lawyer representation in workers' compensation matters. TPAs may continue to act in accordance with the Resolution much as they have for the last two years.

12-07-2006

Winstead Serves as General Counsel to NFL Youth Education Town
A team of attorneys from Texas law firm Winstead Sechrest & Minick P.C. served as general counsel to Houston's newest NFL Youth Education Town (YET) located in Precinct Two's James Driver Park. Youth Education Towns are educational and recreational facilities for at-risk children that have been established in every Super Bowl Host city since 1993.

This latest YET was opened in late September by representatives of the Boys & Girls Clubs of Greater Houston, the Houston Texans and Houston's XXXVIII Super Bowl Host Committee. To celebrate the 100th Anniversary of the Boys & Girls Clubs of America, the James Driver Park location, which is the 4,000 location to open, has been chosen as the host site for a ceremony on Dec. 7 at 3 p.m. The Boys & Girls Club national president is expected to be in attendance.

The NFL historically donates $1 million toward a YET Center in each host city, however, due to the success of the Super Bowl in Houston, and the community leadership in Harris County, the NFL donated $2 million. Commissioner El Franco Lee (Precinct 1) and Commissioner Sylvia R. Garcia (Precinct 2) committed $1 million each, and the Houston Super Bowl Host Committee added another $1 million, giving Harris County the opportunity to build two YET Centers, one in each precinct.

"This was an exceptional opportunity for Winstead to demonstrate its commitment to the Houston community," said Winstead CEO Denis Braham who serves on the executive committee of the YET Center and is lead counsel. "We enjoy working with prestigious organizations such as the NFL and dedicated community leaders here in Houston to find outlets that benefit the children and parents of this community.

12-07-2006

SuperLawyers Names Ten Woodcock Washburn Attorneys Rising Stars
Ten Woodcock Washburn LLP attorneys have been named by Law & Politics magazine as Pennsylvania Rising Stars ® 2006. The attorneys are Aleksander J. Goranin, S. aurice Valla, Chad Ziegler; Denise Incorvaia Mroz, Steven D. Maslowski, Felicity E. Groth, ohn E. McGlynn; Joseph R. Condo, Joseph Milowic III and David N. Farsiou.

Rising Stars are selected through a poll of 2005 Pennsylvania Super Lawyers®. Rising Stars are up-andcoming attorneys who are 40 or under, or have been practicing 10 years or less.

Pennsylvania Rising Stars will be listed in the December issue of Philadelphia magazine, Pennsylvania Super Lawyers -Rising Stars Edition. Only 2.5 percent of Pennsylvania attorneys are given this honor.

12-07-2006

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