Law Firm News

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Law Firm News

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Miller, Canfield, Paddock & Stone, P.L.C.

Attorney Gary Glenn Joins Miller Canfield; Leads Federal Tax Group
Miller Canfield announces that Gary R. Glenn has joined the law firm’s Detroit office as a principal and leader of the Federal Tax Group. He joins the firm after 25 years with Jaffe Raitt Heuer & Weiss PC of Southfield, Mich.

He has extensive experience in all areas of federal tax, particularly with tax planning for business combinations, sales, purchases and divisions. He also has experience in the formation and compliance of tax-exempt entities, as well as tax litigation and collection issues involving federal and state tax authorities.

“Gary Glenn has been one of the leading tax practitioners in Southeast Michigan for many years,” said Thomas W. Linn, CEO of Miller Canfield. “He brings great, practical knowledge in this area, fine leadership and interpersonal skills and will help broaden our capacity to serve clients' legal needs.”

Glenn is a member of the State Bar of Michigan, American Immigration Lawyers Association, and National Association of Bond Lawyers.

He was awarded his J.D., cum laude, from the University of Michigan Law School, and his B.A. in Economics, with high distinction, from the University of Michigan.

He resides in Grosse Pointe, Michigan.

Attorneys in Miller Canfield’s Federal Tax Group work with diverse client needs involving federal tax matters, from the most complex issues of large multinational corporations to the tax issues of closely held businesses and individuals.

The 350-attorney law firm of Miller, Canfield, Paddock and Stone, P.L.C. was established in Detroit in 1852 and has offices in Ann Arbor, Detroit, Grand Rapids, Howell, Kalamazoo, Lansing, Monroe, Saginaw, and Troy, Michigan. Other offices are located in New York City, Naples and Pensacola, Florida, Windsor, Ontario, and in Gdynia, Warsaw, and Wroclaw, Poland.

07-17-2006

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Kaye Scholer LLP

Kaye Scholer Represents Lender Group in Connection with Norwood Promotional Products
Kaye Scholer recently advised a lender group in connection with Norwood Promotional Products, Inc.'s issuance of new debt, refinancing of existing debt and amendments to existing credit facilities. Our clients, a group of financial institutions including ING Investments, Merrill Lynch, and Credit Suisse, provided Norwood and its subsidiaries (i) a secured revolving loan facility and (ii) a junior secured mezzanine credit facility. The proceeds of these loans were used to refinance Norwood's existing revolving loan facility and finance Norwood's other capital needs. In addition, Kaye Scholer advised Norwood's existing term lenders in connection with amendments to Norwood's and its parent's term loan agreements.

The Kaye Scholer team consisted of restructuring lawyers Michael Solow and Michael Messersmith, finance lawyers, Lauren Bernstein, Debra Schaumberger and Cynthia Patrick, corporate lawyers Derek Stoldt and Steve Vine, real estate lawyers Sandra Tsang and Didert Jean-Baptiste, and tax lawyer Laurie Abramowitz.

07-17-2006

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Powell Goldstein LLP

CMS Proposes Payment Increases for Physician E&M Services
On June 21, 2006, the Center for Medicare & Medicaid Services (CMS) notified providers of its proposed revisions to the Medicare Physician Fee Schedule (Fee Schedule). CMS' proposed revisions provide for significant payment increases for "evaluation and management" (E&M) services, which cover physician time and effort spent with patients evaluating their conditions and counseling them in health management.

07-17-2006

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Powell Goldstein LLP

Court Rejects DOJ Policy That Discouraged Advancement of Legal Expenses
In a closely watched case involving former employees of KPMG, a Manhattan federal judge declared that the U.S. Department of Justice's "Thompson Memorandum" violated the 5th Amendment's due process clause and the 6th Amendment's right to counsel and is, therefore, unconstitutional.

07-17-2006

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Powell Goldstein LLP

Do You Know If You Are Transacting Business With Terrorists?
Every American has heard about the USA Patriot Act, and many people have heard of the terrorist watch lists. For persons involved in "real estate closings and settlements" (which may be broadly interpreted to include leasing and other real estate activities), compliance with the Patriot Act is still a futuristic obligation because the U.S. Treasury Department has not yet promulgated those regulations.

07-17-2006

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Powell Goldstein LLP

Maryland Accepting Biotechnology Investment Tax Credits Applications
On July 3, 2006, Maryland's Department of Business and Economic and Business Development ("DBED") began accepting applications for the qualification of Maryland biotechnology companies under the Biotechnology Investment Incentive Act.

07-17-2006

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Watson, Farley & Williams, LLP

Decision of the European Court of Justice confirms that Member States are liable should their courts fail to apply EU law correctly
The ECJ has recently ruled that Member States may be liable in damages for manifest infringements of Community law instigated by national courts when adjudicating at last instance on an interpretation of provisions of law or an assessment of facts or evidence. The ECJ’s ruling came on a preliminary point in the case of Traghetti del Mediterraneo SpA v Repubblica Italiana. The case concerned a dispute between Traghetti del Mediterraneo SpA (“TDM”) and Tirrenia di Navigazione (“Tirrenia”), two maritime transport undertakings, which ran ferry services between mainland Italy and Sardinia and Sicily in the 70s. TDM bought proceedings against Timania seeking compensation for the damage resulting from infringements of Articles 81, 82 and 86 of the EC Treaty and of the EC state aid rules. Its case was heard by a first instance court and the Italian Court of Appeal. TDM appealed the Court of Appeal’s decision requesting that the Italian High Court submit the relevant questions of interpretation of Community law to the ECJ. The Italian High Court refused to accede to that request and dismissed TDM’s appeal. TDM then started proceedings against Italy itself, for compensation for the damage suffered as a result of the errors of interpretation committed by the Italian High Court and of the breach of its obligation to make a reference for a preliminary ruling pursuant to Article 234 of the EC Treaty. TDM also raised issues concerning the compatibility of Italian law with Community law, specifically regarding the Italian constitutional provisions that state that injury caused by judicial decisions is only compensatable if the erroneous decision was either intentional or resulted from gross negligence. These strictures effectively precluded claims for compensation under Italian law. Given this de facto foreclosure, the Tribunale di Genoa decided to refer to the ECJ for a preliminary ruling. The ECJ held that the exclusions and limitations of state liability contained in Italian law were contrary to Community law and, therefore, illegal.

TDM’s perseverance is truly remarkable. 25 years of litigation during which TDM showed an extraordinary “never say die” attitude in the face of some extremely unattractive odds ought to win TDM, and its trustee in bankruptcy, an award for litigant of the decade, if such a thing existed. Instead, unfortunately, TDM probably faces further litigation as doubtless Italy will refuse to acknowledge defeat and force TDM to fight over causation, quantum, etc., in the same way that the UK did when it lost Factortame, also known as the “Spanish Fishermen” case. TDM’s continuing struggle to one side, however, the ECJ’s decision confirms an important principle first established in the ECJ’s Köbler decision concerning the extent to which Member States may be liable in damages for errors made by national court’s regarding the application of EC law. There is now nowhere for Member States to hide from their obligations under the EC Treaty. Ensuring that the rights accorded to their citizens by the EC Treaty are completely unfettered is now an absolute obligation for Member State governments. The days of the mythological recalcitrant “little England” court perversely blocking the application of EC law are now consigned to the past once and for all.

07-17-2006

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