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Steven Henry Joins Smith Moore
Steven D. Henry has joined the Atlanta office of Smith Moore LLP. As the newest member of the litigation practice team, Henry will concentrate his practice on commercial litigation and product liability matters.

His previous work experience includes representing clients in hearings and trials in federal, state and administrative courts. Henry also has experience with white-collar criminal defense and counseling, government and internal corporate investigations, employment matters, and environmental matters.

11-16-2006

Employment Breakfast Series - Update on the Contingent Workforce: Temporary Employees, Independent Contractors andMore Sponsored by Pierce Atwood LLP
Temporary employees and independent contractors offer businesses important options in tailoring their workforce to their current needs. Whether for temporary spikes in demand, specific, short-term projects, or a host of other reasons including uncertain economic times, contingent workforce options offer needed flexibility in an increasingly competitive environment.

As many employers know, however, this approach can bedevil employers and workers alike. The regulatory aspects of using a contingent workforce can be baffling. True independent contractor status may be very difficult to prove, and is subject to different legal tests for different purposes. Indeed, both the Maine and New Hampshire legislatures are considering statutory amendments that would seek to clarify who is an independent contractor, with the New Hampshire measure creating a single definition for all purposes under state law.

What is an independent contractor? What makes an employee "temporary"? What are the benefits - and consequences - of these classifications? Does it matter if the employee comes through an agency or is hired directly? Are "temporary employees" or "independent contractors" subject to the ADA, ADEA, and FMLA? What about workers' compensation and other employee benefits? Are the proposed legislative changes good ideas for employers?

Join Charlie Einsiedler and Liz Griffin for a discussion of this important issue. We’ll run from 8:00 a.m. to 9:15 a.m. in our 7th floor conference room. Coffee, juice and pastries will be available at 7:45 a.m. We’ll leave enough time for questions.

To register, use the link below, or contact Nancy Giachinta at 207-791-1310 or ngiachinta@pierceatwood.com. While we prefer to see you in person, we understand that travel and scheduling issues sometimes make attendance difficult. Therefore, if you wish to participate by teleconference, simply dial 800-544-4579 (USA Participants) or 888-633-2102 (Canadian Participants) and use the following pass code: 29107463#. We are pleased to offer web conference capability as well. To view the presentation simultaneously with your conference call, simply open your browser and go to www.ReadyShow.com. Simply enter the same pass code as above (no # sign) and other information where indicated. Please indicate when registering how you will attend, so we can be sure we have enough capacity for the teleconference and/or web cast.

11-16-2006

Tara Jenkins Joins Pierce Atwood LLP
Tara Jenkins joins Pierce Atwood LLP as the law firm’s human resources director.

Ms. Jenkins previously was the human resources director of Stormwater360, an environmental stormwater treatment company in Scarborough. Prior to that she served as human resources manager at Martin’s Point Health Care in Portland.

A 1997 graduate of Cornell University, Ms. Jenkins earned her bachelor of science degree in industrial and labor relations.

Ms. Jenkins received her Senior Professional Human Resources Certification in 2005 and she currently serves as a committee member of the Human Resources Association of Southern Maine. She resides in Portland.

Pierce Atwood LLP is the largest law firm based in northern New England and has 120 attorneys who serve regional, national and international clients from offices in Portland and Augusta, Maine; Portsmouth and Concord, New Hampshire and Boston, Massachusetts.

11-16-2006

Probe eyes function of radio unit; Investigators look to see if pilots in Brazil crash made mistake in using critical device as new lawsuit is filed
While air traffic control errors seem to be growing more likely as the primary cause for the Sept. 29 midair collision in Brazil that killed 154, the radio management unit, or RMU, is under scrutiny from Brazilian and American investigators, according to aviation experts. The RMU is a rectangular electronic console that pilots on larger aircraft use to program critical navigation and communication equipment.
And the device is even more in the spotlight since a law firm representing families of those killed aboard Gol Airlines Flight 1907 filed a lawsuit last week in federal court in Brooklyn. They are suing Honeywell, which made the RMU aboard the Embraer Legacy 600 jet that survived the collision, and ExcelAire of Ronkonkoma, which owns that jet. It was flown by Joe Lepore of Bay Shore and Jan Paladino of Westhampton Beach.
Investigators are looking at whether the American pilots of the Legacy - who remain in Brazil during the crash probe - may have hit the wrong combination of keys [on the RMU], which would place the transponder in standby mode. It is known the transponder on the Legacy was not operating before the collision but began working just afterward. Aviation experts say the American pilots were experienced and have used this model and similar RMUs for years, making a keying mistake unlikely unless they were distracted by trying to re-establish radio contact with controllers.
In its suit, Lieff Cabraser Heimann & Bernstein of San Francisco claims the ExcelAire pilots improperly operated the RMU, placing the transponder in standby mode, and then "failed to take note of a warning light." The suit also maintains the RMU on the ExcelAire jet "contains several design flaws that were recognized long before" the accident. It argues that the key that puts the transponder into standby is located close to another button pilots use to identify the aircraft for controllers.

11-16-2006

Husch & Eppenberger, LLC Announces "Super Lawyers
Husch & Eppenberger, LLC is proud to announce the names of those Husch attorneys who have been selected among the Missouri & Kansas "Super Lawyers®."

Nominated by their peers, only 5% of attorneys in Missouri and Kansas were named "Super Lawyers." Missouri & Kansas Super Lawyers is published annually by Law & Politics.

The following Husch attorneys were named "Super Lawyers" in the 2006 edition of Missouri & Kansas Super Lawyers:

Mark G. Arnold (Business Litigation, Appellate, Class Action/Mass Torts) -Voted Top 100 in Missouri and Kansas and Voted Top 50 in St. Louis

Thomas M. Carney (Personal Injury Defense: Products)
Gary H. Feder (Real Estate, Land Use/Zoning, Environmental)
Patrick M. Flachs (Environmental Litigation, Criminal Defense: White Collar)
Ruth Hays (Employee Benefits/ERISA) - Voted Top 50 Female Lawyer in Missouri and Kansas
Kenneth R. Heineman (General Litigation, Environmental Litigation, Intellectual Property Litigation)
Caroline L. Hermeling (Land Use/Zoning, Real Estate)
Christine F. Miller (General Litigation, Employment & Labor, Personal Injury Defense: Products)
Joseph G. Nassif (Environmental)
Alan E. Popkin (Business Litigation, Professional Liability: Defense, Antitrust Litigation) - Voted Top 100 in Missouri and Kansas and Voted Top 50 in St. Louis
Maury B. Poscover (Banking, Business/Corporate, Alternative Dispute Resolution) - Voted Top 50 in St. Louis
Arthur L. Smith (Intellectual Property, Information Technology, Business Litigation)
Gregory R. Smith (Real Estate)
James R. "Bud" Strong (Estate Planning & Probate)
Gregory E. Upchurch (Intellectual Property)
Gary D. Barnes (Bankruptcy & Creditor/Debtor Rights)
Mark T. Benedict (Bankruptcy & Creditor/Debtor Rights)
Charles Christian Kirley (Business/Corporate)
William A. "Spike" Lynch (General Litigation, Business Litigation)
Susan L. McGreevy (Construction/Surety) - Voted Top 50 Female Lawyer in Missouri and Kansas
Christopher J. Redmond (Bankruptcy & Creditor/Debtor Rights, International)
John J. Yates (Employment & Labor)
G. Alex Bartlett (General Litigation, Civil Rights, Schools & Education)
Harvey M. Tettlebaum (Health Care, Civil Rights, Administrative Law)

11-16-2006

Fraser Milner Casgrain Appoints New Managing Partner For Vancouver Office
Fraser Milner Casgrain LLP (FMC), one of Canada’s leading business law firms, today named John Sandrelli as Managing Partner of its Vancouver office, where he has served as a partner for the past five years.

Leading FMC Vancouver’s Insolvency Practice Group, John has been involved in most of British Columbia’s major insolvency matters since arriving from Toronto in 1997.

“With his clear track record of success and reputation as one of Vancouver’s ‘go to’ counsel, John was an ideal choice for our office,” says Doug Knowles, Q.C., former Managing Partner, who can now focus full-time on his insolvency practice and his role as Chair of FMC’s National Insolvency and Workout Group.

As one of its youngest graduates, Sandrelli graduated from University of Toronto Law School in 1989, at the age of 22 and was recently short-listed for Lexpert’s 2006 Rising Stars, honouring Canada's top 40 lawyers and corporate counsel under 40.

On a global level, he is an active member of the International Bar Association. The

Global Insolvency and Restructuring Review has recognized Sandrelli as one of the top 40 insolvency and restructuring lawyers under the age of 40 years old in the world.

FMC’s Vancouver office is one of six full-service Canadian offices. It has more than 50 practising lawyers, as well as professional consultants, paralegals and staff dedicated to client care in a range of practice groups. The Vancouver office has noted strengths in, entertainment, public-private partnerships (P3), insolvency/ restructuring and mining. The office also offers expertise in Appropriate Dispute Resolution (ADR), employment, financial services, taxation, litigation, real estate, environmental, hydro electric, energy and regulation of the oil and gas and coalbed methane industry.

11-16-2006

Jay Waxenberg and David Pratt of Proskauer Rose Named Among Worth Magazine's "100 Top Attorneys
Proskauer Rose LLP, an international law firm with more than 700 lawyers in the United States and Europe, is pleased to announce that Jay Waxenberg, partner and Chair of the firm's Personal Planning Department, and David Pratt, a partner in the Personal Planning Department, have been named in Worth's annual "100 Top Attorneys" list, which is featured in the magazine's December issue. Mr. Waxenberg, who is based in Proskauer's New York office, was singled out for his expertise in trusts, estates and philanthropy, and Mr. Pratt, who is based in the Boca Raton office, was noted for his expertise in trusts, estates and tax.

To compile its annual list, Worth solicited nominations from its readers and industry professionals such as financial advisors, family office executives, accountants and consultants. After the nominees completed a detailed questionnaire, their thoughts on pertinent legal topics probed and background checks completed, the magazine chose the top 100 lawyers who stood out as the best in the field.

"Jay and David are truly outstanding attorneys and we congratulate them on being named to this prestigious list," said Allen I. Fagin, Chairman of Proskauer Rose. "This is evidence of the stature both of them have in the field and the invaluable expertise they consistently use to deliver their clients the best possible legal advice and service while solidifying the firm's Personal Planning Department as one of the best."

Mr. Waxenberg's practice focuses on estate and tax planning, and estate and trust administration. He primarily represents individuals and their estates and is also involved in the full range of his clients' economic and personal concerns including closely held businesses, commercial and residential real estate holdings, artistic collections and philanthropy. In particular, Mr. Waxenberg has helped his clients: structure new ventures; restructure existing ventures with an emphasis on shifting appreciation potential to younger generations; and sell and liquidate businesses. He also has extensive expertise in the area of life insurance planning and has been involved in will contests and other estate- and trust-related litigations. He has been part of Proskauer's Personal Planning Department since 1984.

Mr. Pratt joined the firm in 2005, bringing with him his prominent Boca Raton-based practice, which is dedicated to the areas of trusts and estates, estate, gift and generation-skipping transfer, and fiduciary and individual income taxation. He specializes in estate planning, post-mortem tax planning and asset protection. His clients consist predominantly of high net worth individuals and families, and he also represents a significant amount of business owners. Mr. Pratt has recommended and implemented many plans which have transferred ownership of business interests to the next generation with minimal transfer tax cost and without disruption of the family business.

The Personal Planning Department of Proskauer Rose works with individuals and families to design customized personal planning programs. Drawing on a century of experience in trusts and estates practice and buttressed by the skills of colleagues in other areas of the firm, Proskauer's Personal Planning Department is especially prepared to meet the diverse needs of its individual clients, be they business entrepreneurs, corporate executives, real estate venturers, creative or performing artists, sports figures, collectors of fine arts, or investors in securities, including those with significant holdings in other states or countries.

11-16-2006

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