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Barry Zalmanowitz appointed Chair of CBA's Competition Law Section
Barry Zalmanowitz, Managing Partner of Fraser Milner Casgrain LLP (FMC) in Edmonton, has been appointed Chair of the Canadian Bar Association's Competition Law Section effective September 1st, 2007. The CBA is a premier provider of personal and professional development and support to all members of the competition law and wider legal communities, representing some 35,000 lawyers, judges, notaries, law teachers, and law students from across Canada.

Barry has long been a committed member of the CBA Competition Section, first being elected to the Executive Committee in 2003 and most recently serving as Vice-Chair (Enforcement). He is also a member of the American Bar Association's Section of Antitrust Law, and a sessional lecturer (competition law) at the University of Alberta Faculty of Law.

As Co-chair of FMC's Competition Law Group, Barry's practice focuses on Competition & Antitrust Law providing both advisory services and representation in litigation and administrative law hearings. His clients include major oil and gas, restructured electricity, oil and gas service, pipeline, mining, forest products, and transportation companies. Barry is a graduate of the University of Alberta (LL.B, M.A. – Economics, B.A.) and was admitted to the Alberta Bar in 1980.

With one of Canada’s leading competition/antitrust practices, FMC lawyers are known for their depth of experience in developing comprehensive competition law compliance programs for Canadian and international businesses, and in advising on advertising, marketing and distribution strategies, and international trade regulations, including export and import controls, anti-dumping and countervail action and customs matters.

08-20-2007

Bingham Legal Team Advises Paralyzed Veterans Group in Settling ADA Suit Against Korman Communities
In an important development in breaking down barriers for the disabled, the Paralyzed Veterans of America (PVA) settled its Americans with Disabilities lawsuit against Korman Communities involving its 1710 H St. corporate suite/extended-stay facility.

The PVA sued Philadelphia-based Korman in December 2006 under the Americans with Disabilities Act, claiming that its H Street property, located one block from PVA headquarters, failed to provide access to people with disabilities, including those with wheelchairs. As part of the agreed-upon court order signed yesterday afternoon by U.S. District Court Judge Gladys Kessler, Korman, which maintains that it has not violated any accessibility laws involving the H Street facility, must make five of the approximately 100 rooms accessible (two will have roll-in showers) and pay $32,250 to PVA. Korman must also provide a $10,000 sleeping-room credit to PVA for the H Street property to be used within five years.

“The settlement is significant from a legal standpoint,” said Bingham partner Douglas Schwarz, who represented PVA and PVA members Gene Crayton and Craig Enenbach. “It reflects a recognition that these ‘extended-stay’ facilities must be made accessible consistent with the ADA and the Department of Justice’s regulations implementing the ADA.”

In addition to Schwarz, the Bingham team included New York partner Ted Poretz, Washington, D.C. of cousel Gerry Finn, and former New York summer associate Brett Martino, who will start as a first-year at Bingham this fall.

Korman, which develops and owns corporate apartments/extended-stay hotels in D.C., Philadelphia, New York City, New Jersey and Virginia, purchased the former H Street apartment complex in 2005, shortly after it was renovated. Before Korman opened the property as an extended-stay facility, PVA asked Korman to make some rooms accessible. Korman responded that ADA regulations did not apply to the facility because it is an extended-stay property and that the ADA public accommodation requirement applies only to short-term lodging, such as hotels and motels.

"Our settlement with Korman Communities is an important statement about the applicability of the ADA to purported extended-stay residences," said William Mailander, PVA general counsel, adding that the resolution enables all Americans with mobility impairment to now have access to Korman's H Street facility. "These type of extended-stay facilities fall within the category of 'transient lodging' and are thereby subject to the ADA."

Schwarz also noted, “The settlement indicates that even when a hotel is located in an older building or one that was renovated prior to being sold and converted to use for transient lodging, it must comply with the ADA and its implementing regulations.”

The Paralyzed Veterans of America, www.pva.org, a congressionally chartered veterans service organization founded in 1946, works to maximize the quality of life of its members and all people with spinal cord injury or dysfunction as a leading advocate for health care, SCI/D research and education, veterans’ benefits and rights, and accessibility.

08-20-2007

Green and Renewable Energy Sector Sees Continued Investment
Investor interest in the green and renewable energy market continues to grow, fuelled by the increasing desire among investors to invest in a socially responsible manner, along with the sustainable growth opportunities the sector offers in light of ongoing political pressure to find alternative sources of energy.

"Increasing numbers of green and renewable energy companies are seeking London listings, on both the Alternative Investment Market and the Main Market, capitalising on the growing appetite among investors for green and renewable energy assets. This demand is attracting both domestic and international renewal energy companies to London and we expect to see a number of listings from these companies in the near future," commented White & Case partner Allan Taylor.

White & Case recently advised IdaTech plc, a global leader in the development of environmentally friendly fuel processing technology and fuel cell systems, on its Initial Public Offering on the Alternative Investment Market, which valued IdaTech at approximately £50 million. Proceeds from the flotation will principally be used for the continual development of its fuel cell products and processing technology, which produces pure hydrogen for fuel cells and other applications. Dresdner Kleinwort acted as global coordinator, underwriter, bookrunner, nominated adviser and broker.

The White & Case team advising on the deal was led by partner Allan Taylor, working closely with partners Andrew Weiler and Oliver Brettle, associates Nicholas Greenacre, Irwin Hung and Anthony Oates and trainee solicitors James Rimmer and Elizabeth Lindsay in London, as well as partners Laura Sizemore and Colin Diamond, counsel Mark Hamilton and associate Marten Olsson in New York.

Last year, the Firm, led by partner Andrew Weiler and associate Andrew Macklin, advised Investec Bank, the international specialist banking group, on its acquisition of the IdaTech business from IDACORP, Inc., a US energy company listed on the New York Stock Exchange. Investec continues to be the largest shareholder in IdaTech after the flotation.

08-20-2007

Phelps Dunbar LLP Partner Awarded Presidents’ Award by the New Orleans Bar Association
New Orleans - Phelps Dunbar LLP is pleased to announce that Kim M. Boyle, a partner in the employment law practice group, has been awarded the 2007 Presidents' Award by the New Orleans Bar Association. Ms. Boyle was honored at a ceremony held on August 16, 2007, at the Hilton St. Charles Hotel.

The New Orleans Bar Association Presidents' Award recognizes attorneys who, in addition to their professional excellence and integrity, have dedicated themselves to community service in the exercise of the highest ideals of citizenship. This award is the highest level of recognition by the Association.

Ms. Boyle's practice includes representing employers in employment related claims, such as retaliation and discrimination claims as well as workplace harassment. She also handles Equal Employment Opportunity Commission charges and other administrative complaints through the administrative and judicial process. Her practice also includes the representation of clients in a variety of commercial disputes, including breach of contract, unfair trade practices, as well as representation of a number of governmental entities on a wide array of legal issues.

Ms. Boyle is an active member of the community having previously served as the first African-American President of the New Orleans Bar Association, Treasurer of the Louisiana State Bar Association (LSBA), a member of the LSBA Board of Governors and the LSBA's Ethics 2000 Committee, and on the board of directors of the Federal Bar Association. She currently serves as the Vice-President of the New Orleans Bar Foundation. Ms. Boyle also serves as co-chair for the Committee for a Better New Orleans/Metropolitan Area Committee, a member of the local advisory board for the United Negro College Fund, trustee and former secretary of the Greater New Orleans Foundation, trustee for the WYES-12 board of directors, and a board member on the Bureau of Governmental Research.

In addition, Ms. Boyle is a member of the Louisiana Recovery Authority (LRA) and serves as Chair of the LRA Healthcare Committee. She is also a member of the Fleur-de-Lis Ambassadors, whose purpose is to combat misperceptions about post-Katrina New Orleans, by meeting with key leaders nationwide. Ms. Boyle previously served on the Bring New Orleans Back Commission, which focused upon rebuilding the city post-Katrina, and she served as Chair of the Health/Social Services Committee of the Commission. She is also a two-time recipient (2003, 2005) of the A.P. Tureaud Award for Outstanding Service presented by the Greater New Orleans Louis A. Martinet Society.

08-20-2007

Pepper Hamilton Featured in 2007 Edition of Chambers USA: America's Leading Lawyers for Business
Thirteen practice areas and 21 lawyers from Pepper Hamilton LLP have been recognized by Chambers USA as leaders in the 2007 edition of Chambers USA: America’s Leading Lawyers for Business.

Pepper, whose Health Effects Litigation practice is headed by Nina M. Gussack, received a national ranking as one of the top products liability firms in the country. The firm was recognized for its work in this area as follows:

“With a client service that takes it ‘from molecule to marketing’ the Philadelphia-headquartered firm stands at the forefront of pharmaceutical and medical device litigation. Flexing its considerable muscle as national counsel for Eli Lilly in a class action brought against its product Zyprexa, a treatment for bipolar disorder and schizophrenia, the firm also represented Medtronic in its bone tissue litigation. With plaintiff lawyers increasingly proactive in looking for gaps in manufacturers’ armor, Pepper Hamilton prides itself on assisting at every stage of the production process and thus minimizing the risk of future litigation for its clients. The team also has significant experience in defending lead paint and asbestos litigation.”

Ms. Gussack was recognized as one of the country’s top leaders in products liability and was described as being a “dynamic master strategist” who “wins acclaim across the board for her calm manner, commitment to client concerns and ‘ability to see the grand scheme of things when it comes to mass torts.’” She also was recognized as a leader in the general commercial litigation practice area.

In addition to products liability, other practice areas in which Pepper was positively acknowledged by Chambers include antitrust, corporate/mergers & acquisitions, employee benefits, environment, general commercial litigation, insurance litigation, intellectual property, labor & employment, media & entertainment, real estate and securities litigation (all in Pennsylvania), and bankruptcy & restructuring (in both Delaware and Pennsylvania).

Barry M. Abelson was ranked a “star individual” for corporate/M&A in Pennsylvania – a category “reserved for those individuals whose profile is far ahead of the pack.”

08-20-2007

New Leadership Appointed for the American Bar Association’s Section of Litigation; Laura Ariane Miller, Partner at Nixon Peabody LLP, Installed as Managing Director
With more than 75,000 members, the Section of Litigation is the largest specialty section of the ABA. Ms. Miller assumes her new volunteer position after having served on the Governing Council of the ABA Section of Litigation. She is also the past chair of the ABA Criminal Litigation Committee, which she chaired for four years, and is the former chair of the Health Litigation Committee of the ABA.

At Nixon Peabody, Ms. Miller specializes in internal investigations and the white collar defense of civil and criminal allegations against corporations, corporate executives, and high-profile individual defendants. She has extensive experience in all facets of criminal litigation, including investigations, grand jury practice, motions practice, and trials. She has represented clients in congressional hearings and investigations, in matters before the special prosecutor, and in federal and state courts throughout the nation. Ms. Miller has defended clients in high-profile as well as highly confidential ethics investigations and government contracts inquiries. She has been noted nationally for her work in securing a presidential pardon for a client convicted on federal criminal tax charges.

Ms. Miller said, “I am privileged to serve as managing director of the ABA. I see this as an opportunity to further serve the public and the legal profession by promoting justice, professional excellence, and respect for the law.”

Laurin Mills, managing partner of Nixon Peabody’s Washington, DC, office, added, “This is a great national honor for both Laurie and for our firm. This is a true testament to Laurie’s exceptional caliber as a lawyer and her unwavering commitment to the profession as well as to her clients.”

Earlier this year, The National Law Journal recognized Ms. Miller as one of the “50 Most Influential Women in America” for affecting change in the community, in public policy, and in the legal industry on a national level. In addition, Ms. Miller has been recognized as a leader in a number of national and global community outreach activities. Earlier this year, she was one of ten legal experts worldwide selected to participate in the training of Sudanese lawyers. This Darfur advocacy training, the first of its kind, was sponsored by the MacArthur Foundation and was designed to assist the Sudanese lawyers representing victims before the International Criminal Court.

Prior to joining the firm, Ms. Miller served as a law clerk to Justice Byron R. White of the United States Supreme Court, who served as a role model combining an exemplary legal career with a career in public service. She also previously worked as deputy commissioner of the United States Administration for Children, Youth, and Families, and special assistant to the secretary of the U.S. Department of Health and Human Services.

Graduating Phi Beta Kappa, Ms. Miller received her B.A. from the University of Michigan, and received her master’s in public policy at Harvard University’s Kennedy School of Government, where she served as class marshal. Ms. Miller earned her J.D. from Yale Law School and was honored with the John Fletcher Caskey Prize.

08-20-2007

Katten Partner Sheri Chromow Leads New York Real Estate Practice in Continued Support of the Urban Land Institute
For the last 10 years, Sheri Chromow, a New York-based partner in the Firm's Real Estate Practice, has spearheaded Katten’s support of the Urban Land Institute (ULI), a not-for-profit organization that provides leadership in the responsible use of land. Through the leadership of Ms. Chromow, who serves on the Executive Committee of the New York District Council and is membership chair of the national organization’s Urban Development Mixed Use Council - Blue Flight, the Firm lends both financial and volunteer support to initiatives like UrbanPlan, an educational program in public high schools which teaches students about issues associated with land use planning and development. Ms. Chromow also leads a ULI task force on affordable housing in New York and has lectured before the ULI on investment structures and commingled investments, as well as on developments in downtown New York.

08-20-2007

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