Law Firm News

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Law Firm News

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Robinson & Cole LLP

Robinson & Cole Lawyer Timothy D. Bates Receives 2006 William Crawford Distinguished Service Award
Robinson & Cole lawyer Timothy D. Bates was selected to receive the 2006 William Crawford Distinguished Service Award by the Chamber of Commerce of Eastern Connecticut. Mr. Bates, a partner with Robinson & Cole, practices in the firm’s New London, Connecticut office.

Mr. Bates has served his community in numerous ways over the years. He is currently chairman of the board of Lawrence and Memorial Hospital, a deacon for the Noank Baptist Church and a member of the board of directors for The Williams School in New London. In addition, Mr. Bates is a past chairman for the Community Foundation of Southeastern Connecticut; a past chairman and board member of the Mystic Community Center in Mystic; a past chairman for the Town of Groton Planning Commission; and a past chairman of the board of Connecticut Legal Services.

Mr. Bates has practiced law in the area of land use in Connecticut for many years. In his practice, he has represented various municipalities, including the Town of Stonington, the Town of North Stonington, the Borough of Stonington, the City of Groton, the Town of Plainfield, the Noank Zoning Commission, and the Ledge Light Health District. Mr. Bates earned his B.A. from Yale University and his J.D. from Columbia Law School. Mr. Bates and his family reside in Noank.

The William Crawford Distinguished Service Award was created in 1977 to recognize an outstanding member of the community who has exemplified the spirit of community service and contributed to improving the quality of life in eastern Connecticut. There will be an award dinner on November 13 to honor Mr. Bates.

11-07-2006

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Foster Pepper PLLC

Federal Court Limits Statute of Limitations for Voluntary Cleanups Under The Model Toxics Control Act
A recent federal court decision will require parties conducting environmental cleanups to keep a watchful eye on the statute of limitations governing claims to recover cleanup costs.

The MTCA statute of limitations does not begin to run until “remedial action confirms that cleanup standards are met.” Claims brought more than three years later are barred. In City of Moses Lake v. United States, 2006 WL 2981427, U.S. District Court Judge Alan McDonald ruled that cleanup standards can be met in voluntary cleanups, thereby triggering the three-year statute of limitations, even though there is no “official agency action” confirming that cleanup standards are met. He found that a cleanup by the City of Moses Lake was not being conducted under a consent decree or administrative order, but was instead “purely voluntary,” even though it took place on a federal Superfund site. Since there was no governmental agency to supervise the cleanup, Judge McDonald held that the three-year MTCA statute of limitations begins to run when the facts themselves show that cleanup standards are met, rather than when a governmental agency confirms that they are met.

This contrasts with the Washington Court of Appeals’ decision in Pacific Sound Resources and the Port of Seattle v. Burlington Northern Santa Fe Railway Corp., et al., 130 Wn.App. 926, 125 P.3d 981 (2005), a case argued by Foster Pepper’s Gil Reavis. In that MTCA case, the cleanup was being performed under a federal consent decree, subject to EPA oversight. The Court of Appeals held that it could not be confirmed that cleanup standards had been met until the agency supervising the cleanup had determined that standards had been met. In that circumstance, some “official agency action” was necessary to trigger the three-year statute. On October 31, 2006, the Washington Supreme Court declined to review the Court of Appeals’ decision, thereby making the court’s decision final.

11-07-2006

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Tharrington Smith, LLP

Carlyn Poole: Joseph Branch Professionalism Award Winner
Once each year, the Wake County Bar Association selects one lawyer to receive the Joseph Branch Professionalism Award. Named for a former Chief Justice of the North Carolina Supreme Court known for his integrity and public service, the Award is widely recognized as the Association's highest honor and its recipients exemplify what makes practicing law a profession. Tharrington Smith is now home to three Joseph Branch Professionalism Award winners -- Wade Smith, Roger Smith and Carlyn Poole.

Carlyn Poole, this year's winner of the Joseph Branch Professionalism Award, is a person Mr. Justice Branch would have admired and whose friendship he would have cherished. Carlyn was born in Taylor, Texas, a small town thirty-five miles northeast of Austin. They grow cotton and corn out there and people are as tough as the hide of an armadillo. The favorite Texas bumper sticker reads: Don't Mess with Texas. People who know and love this year's winner of the Branch Award would change the bumper sticker to read: Don't Mess With Carlyn Poole! She is tough, wiry and quick. She is an excellent scholar and a wonderful lawyer. But, most of all, she is the consummate professional. She is what the Joseph Branch Professionalism Award is all about.

Carlyn was raised in a family of frugal and sturdy people. Both her grandmothers lived in the home with the family. How they all survived under one roof Carlyn is hard pressed to explain. Her father was a civil engineer and her mother was a school teacher. The family valued education and hard work. And so she was packed off to Lubbock after high school where she enrolled at Texas Tech University. She earned both a BA and an MA in English there. After graduate work at Vanderbilt University, she took a teaching position in Nashville, Tennessee. She married and two children, Henry and Hays were born.

One day, at the age of thirty-six she found herself thinking about law school. Could a thirty-six year old mother of two return to law school and survive? She decided to take the LSAT. The rest is history. She enrolled in the Law School at UNC and in 1979 graduated with honors. She was managing editor of the Law Review and a member of the Order of the Coif.

That fall Carlyn came to Tharrington Smith. Neither Carlyn nor the firm were ever the same again. Within a very few years she rose through the Executive Committee to Chair the firm. She guided the firm skillfully and with great wisdom for several terms as its chair before moving on to bar association leadership. In 1991 she was elected first woman President of the Wake County Bar Association. While serving in all these leadership roles she served her clients equally well, earning a place in Best Lawyers in America, an honor she has achieved during each succeeding year for a period of twelve years.

Carlyn is deeply respected by her fellow lawyers all of whom admire her professionalism and her sense of fairness and honor. Her demeanor toward judges and toward her adversaries has earned her great distinction as a lawyer.

Excellence as an advocate and as a bar leader are some of the reasons Carlyn is so well suited for the Joseph Branch Professionalism Award. But, she is a superb friend and companion and she is a marvelous conversationalist. These are trademarks Mr. Justice Branch admired as well. Carlyn is now grandmother to twins, Spencer and Thomas, age seven.

We salute Carlyln Poole who joined the legal profession at age thirty-nine and who rose to the top of her profession as an advocate. We salute her leadership in the Wake County Bar Association and in statewide bar activities. And we salute her as a friend, story teller, companion, and courageous human being. Carlyn, long may you run!

11-07-2006

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Stevens & Lee P.C.

Stevens & Lee’s James W. Saxton Presents to Surgery Residents and Medical Group Management Professionals
James W. Saxton, Chair of Stevens & Lee’s Health Care Litigation Group and Co-Chair of the Health Care Department, recently presented to the Surgery Resident Program at the American College of Surgeon’s (ACS) Annual Conference and at the Medical Group Management Association’s (MGMA) Annual Conference.

At the ACS Conference held in Chicago on October 10, 2006, Mr. Saxton presented, “Changing the Liability Equation – Decreasing Your Malpractice Exposure,” to surgery residents. The presentation focused on the implementation of risk management techniques to reduce professional liability risks while increasing patient satisfaction.

His presentation at the MGMA’s Annual Conference held in Las Vegas on October 24, 2006, focused on the behavioral triggers that cause litigation, and early intervention and other strategies to derail litigation.

Mr. Saxton is an invited speaker across the country on health care issues. In addition to ACS and MGMA, Mr. Saxton presents to nationally prominent health care organizations such as the American Society for Bariatric Surgery, the American Brachytherapy Society and the American Health Lawyers Association.

Mr. Saxton is an active trial lawyer – a practice he has sustained for over 25 years – representing providers, including hospitals, physicians and retirement communities, in state and federal court and administrative proceedings. His practice includes litigation, licensing and medical staff issues. He advises hospitals, medical groups and retirement communities throughout the United States in connection with understanding and reducing their professional liability risk.

In addition to his trial practice, Mr. Saxton develops risk reduction strategies for health care providers and organizations nationwide and has created innovative strategies and educational programs to support them, including the creation of complete customized loss control programs and event management systems for self-insured organizations and captive insurance groups. Mr. Saxton has published more than 200 articles, several handbooks and four textbooks including most recently, Five-Star Customer Service: A Step-by-Step Guide for Physician Practices.

11-07-2006

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Secrest, Wardle, Lynch, Hampton, Truex and Morley

Secrest Wardle Announces Five New Attorneys
For the last thirty years, Mr. Kreuger has successfully defended contractors, manufacturers, businesses, and municipalities in serious personal injury and property damage litigation. He is lead recovery counsel for AT&T in Michigan. Mr. Kreuger began his legal career here, working from 1973 to 1978 with our predecessor, Kohl, Secrest, Wardle, Lynch & Clark. In 1978, Steve returned to his home town and formed Nelson & Kreuger, and for the next twenty-eight years, he served as trial counsel for self-insured manufacturers, insurers and municipal risk management associations.

In 2006, Steve returned to the Grand Rapids office of Secrest Wardle to continue his trial practice.

Mr. Kreuger graduated from Central Michigan University in 1970, and Wayne State University School of Law in 1973. He is admitted to practice in the Sixth Circuit Court of Appeals, and all state and federal courts in the State of Michigan. He is a member of the American, Michigan and Grand Rapids Bar Associations, and the Michigan Defense Trial Counsel.

11-07-2006

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Maupin & Taylor, P.A.

MAUPIN TAYLOR ATTORNEYS ASSIST WITH DEFENSE & SECURITY TECHNOLOGY ACCELERATOR
North Carolina's Defense and Security Technology Accelerator officially opened its doors November 1 at a ceremony attended by political and corporate leaders. A team of Maupin Taylor attorneys provided the legal framework necessary to get the DSTA underway, such as procuring desirable real estate, structuring the new corporate entity, and overcoming difficult corporate law hurdles.

11-07-2006

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Kronish, Lieb, Weiner & Hellman, L.L.P.

New York Office Presented with Legal Aid Society’s Pro Bono Award For Third Consecutive Year Seven Cooley Godward Kronish Attorneys Earn Individual Awards
For the third consecutive year, The Legal Aid Society of New York has honored the New York office of Cooley Godward Kronish LLP with its Pro Bono Award for outstanding service to clients in immigration cases. In addition to the firm-wide award, seven individuals also received individual Pro Bono Awards at the presentation ceremony. The individual recipients include New York associates Mina Kim, Michael Klein, Benjamin Kleine, Jason Koral, Shannon McKinnon, Gregory Plotko and Marisa Megur Seifan.

Every year, the Legal Aid Society recognizes the outstanding work of volunteer lawyers who participate in the Society's Pro Bono Program, which provides legal services to low income New Yorkers. Founded in 1876, the Legal Aid Society is the nation's oldest and largest provider of legal services to the indigent. The Society's core service is to provide free legal assistance to New Yorkers who live at or below the poverty level and cannot afford to hire a lawyer when confronted with a legal problem. The New York office of Cooley Godward Kronish has been honored with the firm-wide Pro Bono Award in 2004, 2005, and 2006.

"It is an honor for our firm to help make a difference in the New York City community," said Alan Levine, Partner-in-Charge at Cooley Godward Kronish's New York office. "We are pleased to lend the talents of our attorneys to the important work of the Legal Aid Society, and we are gratified by the recognition."

The Legal Aid Society's Pro Bono Awards ceremony was held on November 6, 2006.

11-07-2006

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