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Gardere Raises Associate Attorney Salaries.
The law firm of Gardere Wynne Sewell LLP is pleased to announce that it is increasing the firm’s first-year associates’ base compensation to $160,000, effective Sept. 1, 2007.

Compensation in subsequent years will be adjusted based on each associate's individual performance and professional development, which will be measured against specific standards that focus on all aspects of an associate’s progress. Gardere intends to remain competitive by meeting or exceeding the compensation levels an associate would receive at other large Texas firms, while encouraging their professional development and growth as contributing attorneys in the firm. Details of the new associate compensation program will be completed by the end of September.

08-14-2007

Jonathan Minnen Elected as Secretary of American-Israel Chamber of Commerce
Smith, Gambrell & Russell partner Jonathan Minnen was recently elected as Secretary of the American-Israel Chamber of Commerce, Southeast Region, which is based in Atlanta. Mr. Minnen has been involved with the American-Israel Chamber of Commerce for several years. He has previously been a speaker and sponsor of the American-Israel Chamber of Commerce’s Eagle Star Awards Gala, an annual event that recognizes people and companies who have worked to increase business between Israel and the Southeast.

The mission of the American-Israel Chamber of Commerce is to create business ties between the Southeast and Israel. Since its founding 15 years ago, the organization has been in involved in $900 million worth of transactions between the Southeast and Israel and has helped over 50 Israeli in building their U.S. or regional headquarters in the Southeast.

Mr. Minnen is a member of SGR’s Corporate Law section where he specializes in Mergers & Acquisitions, particularly with Israeli clients. He assists Israeli clients with their expansion to the United States. Mr. Minnen earned his B.S. degree from Murray State University and his J.D. from Emory University.

08-14-2007

Employers need to use care when adopting English-only rules
We are in the midst of a heated debate about immigrants and the languages they speak or, according to some, should speak.

This year the Metro Council adopted and Mayor Purcell vetoed a law that would have made English the official language of Nashville. Against this backdrop, employers should be aware of the restraints on adopting policies requiring workers to speak English only.

Immigrants make up a large proportion of the workforce in Nashville. Our city is unlike some other urban areas, such as Dallas or Los Angeles, where a fair percentage of non-English speaking workers are second and third generation citizens or residents of the U.S. Here in Nashville, many employees, Hispanics and others, are the first generation to live in this country and have limited English proficiency.

Laws, however, prohibit employment discrimination on the basis of national origin. Employers must tread carefully, therefore, in adopting English-only workplace policies.

Firms Must Show Need

Companies may adopt these rules only if they can show that the policy is justified by business necessity, such as promoting efficiency or safety on the job. For example, a worker might need to communicate with customers, coworkers or supervisors who speak only English. Safety might be the issue where workers handle toxic chemicals. One question a business might ask is whether there are alternatives to the rule.

The U. S. Equal Employment Opportunity Commission (EEOC) presumes that an English-only policy is discrimination on the basis of national origin. As a result, claims by workers in companies with these policies have been on the rise.

Employees can claim that they were discriminated against because they didn't speak English, because they spoke it with an accent, or because they were not fluent.

A special problem arises if an employee with limited English proficiency, perhaps Hispanic, is passed over for a promotion. That employee could argue that the company could obviously accommodate him or her while a worker. . . so, why not as a supervisor? What if the higher position involves supervising other Hispanic employees?

I am aware of one business that handles this problem by requiring workers to take a written test in English to be eligible for promotion. The company provides no assistance to those who can't speak English. Because all workers must take the test, it negates possible claims for discrimination.

It pays to be careful when adopting English-only policies. No employer needs the time and expense of responding to a claim before the EEOC or battling someone in a lawsuit.

08-14-2007

Day Pitney Attorney David Sussman Receives New Jersey Law Journal "40 Under 40"
Day Pitney LLP, a leading full-service law firm with offices in Boston, Connecticut, New Jersey, New York, and Washington D.C., announced today that David A. Sussman, partner in the Corporate and Business Law Department of the firm’s Morristown office, was selected by the New Jersey Law Journal as among the top leaders in the state’s legal community under the age of 40.

“We believe that David has excellent judgment, superior tax expertise, and a laser-like focus on clients’ needs. This honor recognizes those talents,” said Ronald A. Janis, a member of Day Pitney’s Executive Committee and Chair of the Mergers, Acquisitions and Joint Ventures Practice Group.

David A. Sussman is chair of the Investment Funds and Investment Advisors Practice Group. His practice focuses on transactional taxation, including advising on taxable and tax-free corporate mergers and acquisitions, and advising on sophisticated partnership tax issues. He serves as a senior member of Day Pitney’s recruitment committee and as a partner mentor, helping new attorneys make the transition from law school to law firm.

Mr. Sussman is an active member of the American Bar Association and is a member of the Executive Committee of the Tax Section for the New Jersey State Bar Association and has served as co-chair of the Tax Section Committee on Pass-Through Entities and Special Entities since July 2005. Sussman earned his B.A. from the University of North Carolina, his J.D. from
New England School of Law and his LL.M. from New York University School of Law. He was also recognized as a “Rising Star” in the area of tax law by New Jersey Super Lawyers in 2006 and 2007.

08-14-2007

Ice Miller Named 2007 Working Mother and Flex-Time Lawyers Best Law Firm for Women
Working Mothermagazine, the authoritative source for career mothers, and Flex-Time Lawyers LLC, a national consulting firm advising attorneys and legal employers on work-life balance and the retention and advancement of women, have named Ice Miller LLP a 2007 Working Mother & Flex-Time Lawyers Best Law Firm for Women. A new initiative from the leading advocates for work-life balance and women-friendly policies, Best Law Firms for Women honors 50 winning firms for their commitment to the retention and advancement of female talent.

"Since its founding, Working Mother magazine has been the champion of progressive, women-friendly changes in the workplace," said Carol Evans, CEO Working Mother Media. "Every year we see substantive advances in companies' policies across the country, and we are so excited to be able to pair with Flex-Time Lawyers to celebrate change in a field that has historically struggled to support women and their life choices. I commend Ice Miller for taking the lead for women lawyers."

"We are delighted to celebrate Ice Miller for its efforts and successes in retaining and promoting women," said Deborah Epstein Henry, Founder and President of Flex-Time Lawyers LLC. "We hope its standing on the list of Best Law Firms for Women will further inspire Ice Miller to use the national benchmarking data now available to it through participation in this initiative to improve the status of women in the profession and raise the bar on what makes a best law firm for women," added Henry.

Profiled in the August/September issue of Working Mother magazine, Ice Miller is honored for creating a work environment that is hospitable to and encouraging of the advancement of women. With innovative programs and policies that help female attorneys achieve balance in their personal and professional lives and thrive as practitioners, Ice Miller is ensuring that women are the future of private law practice.

Ice Miller has demonstrated a long-standing commitment to equal opportunity in the legal profession. During the 1970's, Ice Miller was one of the first major firms in the State to elect a woman to partnership and the first major firm in the State to vote a minority female into partnership. The Firm was also the first among the major law firms in the State to have a female serve as managing partner.

"Diversity of perspectives and experiences strengthens our ability to address our clients' legal and business needs in a global marketplace," stated Byron Myers, Managing Partner, Ice Miller. "Ice Miller is committed to fostering an inclusive work environment that respects, values and supports individuals of all backgrounds. We are honored to receive this important accolade that recognizes the value in promoting women."

Methodology: The application and evaluation process for the 2007 Working Mother & Flex-Time Lawyers Best Law Firms for Women initiative was developed in a partnership by Working Mother magazine and Flex-Time Lawyers LLC and based on Working Mother's annual 100 Best Companies, a groundbreaking initiative that was first introduced in 1986, that continues to set the standard for family-friendly workplaces. To apply for the Best Law Firms for Women, Ice Miller provided detailed information on the issues that are most important to the retention and promotion of women lawyers in six measured areas: workforce profile, benefits and compensation, parental leave, childcare, flexibility, and retention and advancement of women.

08-14-2007

Taxation of Damage Awards for Emotional Distress Affirmed
On a rehearing by the same three-judge panel that originally issued a contrary decision, the D.C. Circuit Court of Appeals recently reversed itself in Murphy v. Internal Revenue Service and held that awards for emotional distress are subject to tax and the taxation of such awards is within the taxing authority granted Congress under Article I, Section 8 of the U.S. Constitution.

08-14-2007

Ulmer & Berne LLP Associate, Melissa Zujkowski, appointed the Historic Gateway Neighborhood board
Ulmer & Berne LLP announced today that one of its attorneys, Melissa L. Zujkowski, has been appointed to the Board of Trustees for the Historic Gateway Neighborhood.

Ms. Zujkowski’s primary area of practice is business litigation. Her experience in general litigation in state and federal courts includes discovery, motion practice and trial preparation. She represents a variety of companies from individual proprietorships to large, national corporations. In addition to the Historic Gateway Neighborhood, she is a member of the Mayo Society of Greater Cleveland and The Club at Key Center. Ms. Zujkowski received her J.D., cum laude, from The Ohio State University in 2004 and her B.A. from Northwestern University in 2001.

Founded in 1992, the Historic Gateway Neighborhood is a non-profit development corporation located in Cleveland, Ohio that focuses on promoting mixed-use adaptive rehabilitation while respecting the city’s architectural heritage. According to the Historic Gateway Neighborhood website, “over the past several years, the neighborhood has been a leader of downtown Cleveland’s renewal and emergence as a place to love, visit and enjoy entertainment.”

08-14-2007

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