Law Firm News

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Law Firm News

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Reed Smith

California Supreme Court Issues Proposition 64 Opinions on July 24, 2006 Upholding Application of New Standing Requirements for Section 17200 Claims Pending on the Date the Initiative Was Passed
California's Unfair Competition Law ("UCL"), Business & Professions Code Sec. 17200, was designed to protect competitors and consumers from illegal, fraudulent, and "unfair" business practices, and Business & Professions Code Sec. 17500 prohibits false advertising.

07-25-2006

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Gunster, Yoakley & Stewart, P.A.

29 GUNSTER YOAKLEY ATTORNEYS NAMED FLORIDA’S “SUPER LAWYERS”
Twenty-nine attorneys from the Ft. Lauderdale, Miami, Vero Beach and West Palm Beach offices of Gunster, Yoakley & Stewart, P.A. have been named “Super Lawyers” by Florida Super Lawyer magazine, an annual publication that recognizes the top attorneys in the state. The list is compiled from peer nominations, in which attorneys in Florida are asked to nominate their choice for the state’s best lawyers, based on individuals they have observed in action firsthand.

07-25-2006

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Dechert LLP

New Jersey Budget Bill Brings Aggressive Affiliate Nexus, Rate Hike, Expanded Tax Base
After a shut-down of non-essential government services, New Jersey lawmakers agreed to a budget bill that includes an aggressive affiliate nexus statute, a rate hike, and an expansion of the sales tax base to include certain services. The new affiliate nexus standard for New Jersey exceeds that of other states with similar laws by not requiring the in-state affiliate to act on behalf of the out-of-state taxpayer to trigger nexus. Effective October 1, 2006, the tax base has been expanded to include delivery, warehousing, security services, landscaping, installation of flooring and information services. David Gutowski, an associate with Dechert LLP, notes that delivery charges will become taxable - even if separately stated. Gutowski notes that the rate increase will affect transactions conducted on or after July 15, 2006, for which a deposit or partial payment has been made. He suggests that taxpayers who were considering purchasing certain services which will be included in the expanded tax base, such as landscaping, may want to do so before October 1, 2006. The newly expanded definition of seller includes someone who has an agent with a place of business in the state, and the definition of agent now includes a related entity that uses a similar name, trademark or goodwill to promote sales, or a related party that shares a common business plan with the out of state company. For this purpose, a related entity relationship exists if the in-state and out of state companies are both 50% or more owned by the same entity. "This is being called a technical correction, but this goes beyond the affiliate nexus standard followed by most other states and may exceed the constitutional requirement of having physical presence in the state to be subject to use tax collection," Gutowski states.

07-25-2006

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Jaffe Raitt Heuer & Weiss, P.C.

Jaffe Associate Jill Miller Appointed to ETA Education Committee
Jill Miller, an associate with Southfield-based law firm Jaffe Raitt Heuer & Weiss, P.C. has been appointed to the Electronic Transactions Association (ETA) Education Committee. The announcement was made by Jaffe CEO Richard Zussman.

In this role, Miller is responsible for directing program content and educational forum delivery methods offered to members of the ETA. The ETA is a Washington D.C. - based international trade association with more than 400 member companies offering transaction processing products and services.

Ms. Miller is a member of the Firm's Finance Group. She is a 1993 graduate of Eastern Michigan University with a bachelor's degree in business administration, and a 2004 graduate of Michigan State University College of Law.

She is a member of the American Bar Association (ABA), State Bar of Michigan and of the ETA.

07-25-2006

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Jenner & Block LLP

Firm Helps General Dynamics in $300 Million Divestiture of Material Service Corporation
General Dynamics recently sold its Chicago-based Material Service Corporation to Hanson PLC, an international building materials company headquartered in London. Jenner & Block represented General Dynamics in the $300 million cash deal.

Material Service Corporation is one of the country’s largest producers of construction aggregates, with 11 stone quarries and several sand and gravel facilities in Illinois and Indiana. The company’s more than 800 employees will be managed within Hanson Aggregates North America, which produces aggregates, asphalt, ready-mixed concrete and cement for markets throughout the USA.

General Dynamics, headquartered in Falls Church, Virginia, employs approximately 81,900 people worldwide. The company is a market leader in mission-critical information systems and technologies; land and expeditionary combat systems, armaments and munitions; shipbuilding and marine systems; and business aviation.

The Jenner & Block legal team on this matter was led by Partner Thaddeus J. Malik, Co-Chair of the Firm’s Mergers & Acquisitions Practice, and included Partners Donald S. Horvath and S. Tony Ling, and Associates Frank J. Eichenlaub, Jeffery D. Larson and Jill R. Sheiman.

07-25-2006

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Bracewell & Patterson, L.L.P.

Four Bracewell & Giuliani Partners Named to Prestigious List of Best Lawyers in New York City
Bracewell & Giuliani LLP announced today that New York partners Rudolph W. Giuliani, Kenneth A. Caruso, Timothy M. Toy and Mark E. Palmer have been named to the New York Super Lawyers 2006 list. They join a prominent list of the Top 5 percent of New York City lawyers that received the honor.

New York Super Lawyers 2006 unveiled its list in magazine format to the public as a special supplement in The New York Times. The editorial staff at New York Super Lawyers identified Manhattan’s leading lawyers via questionnaires to all attorneys in the bar, requesting their vote for “the best lawyer they have personally observed in action, whether as opposing counsel or co-counsel, or through first-hand observation in the courtroom.”

Bracewell & Giuliani lawyers were recognized by the following areas of law:
Business Litigation: Kenneth A. Caruso
General Litigation: Rudolph W. Giuliani
Mergers & Acquisitions: Mark E. Palmer
Securities & Corporate Finance: Timothy M. Toy

07-25-2006

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Cozen O' Connor

Melanie M. Kennedy Joins Cozen O’Connor Philadelphia Office as Associate
Melanie M. Kennedy recently joined Cozen O'Connor’s Philadelphia office as an associate, practicing in the firm’s labor and employment practice group. Prior to joining the firm, Kennedy was an associate with Klett Rooney Lieber & Schorling, PC in Philadelphia.

Kennedy represents and counsels management clients in all areas of labor and employment matters. She has significant federal and state court litigation experience representing both private and public employers under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Pennsylvania Human Relation Act, the New Jersey Law Against Discrimination Act, and various other employment-related claims, including retaliation, defamation, breach of contract and emotional distress. Kennedy has also handled a variety of administrative matters before the Equal Employment Opportunity Commission, Pennsylvania Human Relations Commission, New Jersey Division of Civil Rights and New York Division of Human Rights.

Kennedy’s experience also includes litigation under the Fair Labor Standards Act and the National Labor Relations Act. She also has experience handling labor issues for both public and private employers, including collective bargaining negotiations, chairing arbitrations in discharge and contract disputes; counseling clients regarding labor contracts; and representing public employers before the Pennsylvania Labor Relations Board.

Kennedy earned her undergraduate degree from the University of Rhode Island (B.A., 1995) and her law degree from Rutgers School of Law – Camden (J.D., 1998), where she was a member of the Rutgers Law Journal. She is admitted to practice in New York, Pennsylvania and New Jersey and before the Supreme Court of Pennsylvania, New Jersey and New York; U.S. District Court for the Eastern District of Pennsylvania; U.S. District Court for the District of New Jersey; and U.S. Court of Appeals for the Third Circuit.

07-25-2006

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