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Abney Elected to Board of Regents of American College of Mortgage Attorneys
Scott A. Abney has been elected to the Board of Regents for the American College of Mortgage Attorneys. The Board of Regents, which is elected by the College’s Fellows, serves as the governing body of the ACMA. Abney is a shareholder at Maynard, Cooper & Gale, P.C. and practices in the areas of commercial lending and structured financing, real estate, affordable housing, economic development and incentives, and health care. and a B.S. from the University of Alabama in 1986. He is currently a member of the Real Property, Probate and Trust Law section of the American Bar Association, the Alabama State Bar Association and the Bankruptcy and Commercial law sections of the Birmingham Bar Association. Abney is also on the Board of Directors for Big Brothers/Big Sisters of Greater Birmingham and a member of the Kiwanis Club of Homewood/ Mountain Brook.

The American College of Mortgage Attorneys was established in 1974 with the aim of establishing and maintaining a group of lawyers from each state who are skilled in the preparation of real estate mortgages, lending transactions secured by real estate, and related practice. The ACMA, which now has approximately 400 lawyers from all 50 states, seeks to improve real estate practices and procedures and raise the level of professional responsibility of lawyers practicing in this area. The College meets annually, provides educational programs, and publishes the National Mortgage Law Summary. The Birmingham-based law firm of Maynard, Cooper & Gale, P.C., with 160 attorneys, offers a full array of legal services to a broad and diverse client base consisting of Fortune 500 companies as well as closely held companies, partnerships, professional associations, charities and individuals.

11-15-2006

Mayer, Brown, Rowe & Maw advises Landesbank Berlin AG on Check Point Charlie Programme
International law firm Mayer, Brown, Rowe & Maw LLP's finance practice has advised Landesbank Berlin AG in the restructuring of its securities arbitrage conduit, Check Point Charlie. The deal closed on 10 November 2006.

Highlighted recently by Moody's as "one of the most innovative conduit structures in the market", the new and improved Check Point Charlie combines asset backed commercial paper (ABCP) and collateralised debt obligation (CDO) technology to regulate the amount of liquidity support and credit enhancement required to support its securities.

In addition to traditional ABCP it will issue floating-rate ABCP, extendable ABCP notes and new X-Notes (floating rate notes with an initial maturity of up to one year, extendable monthly at the investor's option, up to a latest maturity date in the medium term) in the US and European markets. Liquidity support for the notes is provided by a combination of committed liquidity loan agreements, asset sales and repurchase agreements.

This new structure allows Landesbank Berlin to minimise the required level of committed bank liquidity facilities provided to the conduit while satisfying the "Internal Assessment Approach" rules for IRB banks under Basel II (allowing a bank to use internal ratings to calculate capital requirements for liquidity support and credit enhancement provided to a commercial paper conduit), so that Check Point Charlie can continue to provide its sponsor with funding and regulatory capital benefits under the new capital regime that comes into force for all European banks on 1 January 2007.

11-15-2006

Hunton & Williams Represents Banco Santander in Acquisition of Assets from Bank of America
Hunton & Williams LLP in Miami today announced that it represented Banco Santander Central Hispano (“Banco Santander”), the largest financial group in Spain and Latin America and one of the largest financial groups in the world, in a transaction involving the potential transfer to Banco Santander and its affiliates of customer holdings valued at approximately US$4 billion. The holdings to be transferred are held by Bank of America, N.A. and Banc of America Investment Services, Inc. primarily conducted out of San Diego, California and Houston, Texas and consist of private banking and premiere banking accounts of residents of Mexico, Argentina, Uruguay, Chile, Brazil and Venezuela.

“Banco Santander is one of the most highly regarded private banking organizations in the world,” said Hunton & Williams partner Fernando C. Alonso. “The transfer of these relationships will increase Banco Santander’s strength in Latin America and its exposure to Latin American clients having private banking or premiere banking accounts in the United States, further expanding the bank’s presence in the Americas.”

The Hunton & Williams team was led by Miami-based partner Alonso with the support of Charlotte partner Charles Monroe and associates Fradyn Suarez and Uriel Mendieta.

Bank of America, N.A. and Banc of America Investment Services, Inc. were represented by Cleary Gottlieb Steen & Hamilton LLP.

11-15-2006

Leslie R. Kellogg among Business First’s 40 Under Forty
Leslie R. Kellogg, a partner in Hodgson Russ LLP's General/International Tax Practice Group and International/Cross-Border Practice Group, was honored as one of Business First's 2007 40 Under Forty.

The 40 honorees, nominated by Business First readers and selected by an independent committee, are chosen for their outstanding achievements as well as their commitment to the Western New York community. The winners are young leaders in various segments of the Buffalo Niagara business community, including law, government, health care, nonprofit, and more.

At the award luncheon November 9, Hodgson Russ partner Kenneth P. Friedman encouraged the 40 Under Forty winners to use their influence to "help make Buffalo the best place it can be." Mr. Friedman, who is one of Hodgson Russ’s six 40 Under Forty alumni, was one of two speakers at the event.

Ms. Kellogg received her J.D. from the State University of New York at Buffalo School of Law and concentrates her practice at Hodgson Russ in international and business tax matters and estate planning. Her practice often focuses on cross-border matters including business expansion into the United States, tax considerations in private and public offerings, the tax implications of relinquishment of U.S. citizenship or lawful permanent resident ("green card") status, and the application of the U.S. anti-deferral regimes.

Ms. Kellogg's community involvement includes her roles as president of the board of directors of Church Mission of Help Counseling, a member of the Denison University Alumni Recruiting Team, and board member of Jog for the Jake, which benefits the Jacobs Neurological Institute.

11-15-2006

Shepard Harris To Join Fredrikson & Byron’s Government Relations Practice
Fredrikson & Byron, P.A. announced that Shepard Harris is joining the firm as a lobbyist in the government relations practice. Harris has more than twelve years of experience in federal, state and local government affairs and public policy in a variety of areas, including health and human service, commerce/workforce development, education funding, taxes and judiciary/public safety.

“We are pleased to have someone with Shep’s depth of experience and connections round out our practice. His knowledge and versatility at all levels of government will be an asset as we support our clients in the 2007 Session” states Kevin Goodno, Chair of Fredrikson & Byron’s Government Relations Group.

Harris, with Goodno, are key members of Fredrikson’s newly launched Government Relations Group. The group provides a comprehensive range of services to clients at all levels of government, including legislative monitoring, issue identification and advocacy, regulatory assistance, and development of government relations strategies.

Harris was most recently the Director of the Twin Cities Jewish Community Government Affairs Program at the Jewish Community Relations Council of Minnesota and the Dakotas (JCRC). In that position, he was responsible for protecting $28 million in annual funding for a network of Twin Cities Jewish community human service agencies and educational institutions. In addition, Harris obtained more than $14 million in new government funding for Jewish agencies over five years.

State Rep. Phyllis Kahn (DFL-Minneapolis) has been impressed by Harris’ abilities and expects to see more: “Shep has stood out at the State Capitol and I am confident that he will continue to do so in his new capacity.”

Prior to Harris’ employment at the JCRC, he jumped into Minnesota politics working in the Minnesota Senate’s DFL Caucus research office and serving as Campaign Manger for State Rep. Margaret Anderson Kelliher’s successful 1998 bid for the Minnesota House of Representatives. Harris also gained valuable experience in Washington, D.C. on the staffs of U.S. Senator J. Bennett Johnston (D-LA), and U.S. Rep. Corrine Brown (D-FL). “Shep has taken his experience in federal and state government and used it to help thousands of Minnesotans,” stated State Sen. Richard Cohen (DFL-St. Paul). “He will be a good advocate at any level of government.”

Harris is a graduate of American University, Washington, D.C., and is originally from New Orleans, Louisiana.

11-15-2006

Judge Enters Permanent Injunction Against Unconstitutional Portions Of Reenacted Conceal & Carry Law
The churches that led previous successful challenges to the so-called “Conceal & Carry Law” have now obtained a permanent injunction declaring that provisions of the law are unconstitutional.

In a complete victory for the churches, Hennepin District Court Judge William Howard ruled late Tuesday that the law, as reenacted by the 2005 Legislature, violates the Minnesota Constitution, the U.S. Constitution, and a federal law that protects religious freedom. He held that religious institutions may ban firearms on all of their religious properties, and he prohibited the State of Minnesota from enforcing the unconstitutional law against any religious institution.

Specifically, Judge Howard determined that the signage and personal notification requirements infringed on religious rights. He ruled that the parking lots and tenant spaces of religious institution were entitled to the same degree of protection as houses of worship. Finally, he held that the State had not shown that requiring religious institutions to accept firearms would aid public safety.

The two successful plaintiffs are:

Edina Community Lutheran Church, Edina, Minnesota, represented by David Lillehaug of Fredrikson & Byron.
Unity Church Unitarian, St. Paul, Minnesota, represented by Marshall Tanick, Mansfield Tanick & Cohen.

This is the latest in a two-and-a-half year string of litigation victories against the conceal-carry law. In 2003 and 2004, the Edina church and others obtained temporary injunctions on religious freedom grounds. In 2004, in a lawsuit led by Unity Church, the entire law was declared unconstitutional. In 2005, after the legislature reenacted the law, Edina and Unity obtained yet another temporary injunction. The latest ruling makes that injunction final.

Attorney Lillehaug commented: “Our religious clients have won every court battle over the last two and a half years. The latest ruling, by Judge Howard, is a powerful and eloquent vindication of the right of Minnesotans to protect the religious character of religious properties. The new legislature should bring the conceal-carry law into compliance with the state and federal constitutions.”

Attorney Tanick said: “Even after an injunction was issued against the previous version of the law, the 2005 Legislature reenacted it and ran roughshod over the rights of religious institutions. So, these courageous churches once again returned to court to enforce constitutional rights, and have prevailed in all respects.

11-15-2006

Foster Pepper Announces Pro Bono Counsel
Foster Pepper recently announced that Joanna Plichta has joined the firm as Pro Bono Counsel, practicing in the Seattle office.

Foster Pepper has a long-standing tradition of contributing to the Northwest community through direct services and monetary contributions. The firm strongly supports participation by its attorneys in public service activities, and encourages them to give part of their time and talents to causes that strengthen the ability of the legal system to serve public needs. To help lead those efforts and further promote civic service endeavors, the firm created the new Pro Bono Counsel position.

Joanna Plichta, who received her J.D. from Seattle University and served as the firm’s 2005 Pro Bono Summer Clerk and later as the Public Service Director, has a deep interest in and longtime commitment to pro bono work. She held a two-year internship with Seattle University’s Access to Justice Institute, and was a legal advocate for New Beginnings, an organization that provides advocacy and support to women and their children. Joanna was also Executive Editor of the Seattle Journal for Social Justice that promotes critical interdisciplinary discussions on urgent problems of social justice.

As Pro Bono Counsel, Joanna directs and manages the firm’s wide-ranging pro bono projects, coordinates the Summer Associate’s Pro Bono Program, serves as a liaison to local public interest organizations, and advises the firm on pro bono policy. She maintains a general pro bono practice with a primary focus on providing legal representation to persons of indigent means, immigrants, low-income women, and nonprofit entities. Joanna also works with Foster Pepper's Pro Bono Committee, comprised of Jake Larson, Chair; Jack Zahner, Alice Ostdiek, Kelly Angell, Courtney Anderson, Derek de Bakker and Brenda Bole. The committee provides direction to focus resources, develop the firm's pro bono policy, institute and launch pro bono programs for the year and evaluate the firm’s pro bono progress.

With offices in Seattle, Portland, and Spokane, Foster Pepper PLLC provides a full range of legal services to businesses, municipalities and individuals both regionally and across the country. In 2005, the firm entered its second century of service.

11-15-2006

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