Law Firm News

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Law Firm News

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Fox Rothschild LLP

Fox Rothschild’s Montgomery County Office Continues its Growth
Fox Rothschild LLP welcomes Mark W. Fitzgerald, Esq. as an Associate in its Education Law Group, resident in the Lansdale, Pennsylvania office. Fitzgerald’s practice includes defending school districts and intermediate units in all phases of litigation, from state level administrative hearings to Commonwealth and Federal Court proceedings. These matters relate particularly to IDEA, Section 1983 of the Civil Rights Act of 1964, Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973. Fitzgerald has previously represented school districts before various Pennsylvania Department of Education subcommittees and appeals boards. He also served as solicitor to several school districts in central and western Pennsylvania. While in law school, Fitzgerald worked for the Temple University Elder Law Project.

Fitzgerald earned his J.D. from Temple University’s James E. Beasley School of Law in 2004. He received his B.A. from Pennsylvania State University in 2001.

07-31-2007

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Ellis & Winters

Ellis & Winters sponsors Sony Ericsson City of Oaks Marathon
Ellis & Winters proudly announces that it has become a bronze sponsor of the Sony Ericsson City of Oaks Marathon. Beneficiaries of the race include the American Cancer Society and the Leukemia and Lymphoma Society.

A collection of marathoners and triathletes who practice litigation and real estate law, Ellis & Winters is pleased to join Sony Ericsson in supporting the Raleigh running and business communities. Associates Stephen Feldman and Alex Pearce have "volunteered" to run the 26-mile race, while working 100 hours for every mile they will run.

The marathon will take place on Nov. 4, 2007 beginning at 7:00 am on Trinity Road in Raleigh.

07-31-2007

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Ellis & Winters

Leslie O'Toole receives Citizen Lawyer Award
Leslie O'Toole has recently been awarded the Citizen Lawyer award by the North Carolina Bar Association. The Citizen Lawyer award was established by the North Carolina Bar Association as a way to recognize lawyers who have found a way to help those in their community and participate in community activities. The goal of the Citizen Lawyer award is to use the examples of those awarded as a way to encourage others to follow in their footsteps. Leslie has served as the Secretary of the 1999 Special Olympics World Games as well as having served as the Chair for the Board of Special Olympics North Carolina.

07-31-2007

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Duane Morris, LLP

Real Estate Attorney George Powell Joins Duane Morris in Miami
Duane Morris is pleased to welcome George Powell, formerly the name partner of Powell Law, as a partner. George will join the firm's Real Estate Practice Group in Miami.

George has an extensive real estate practice with a focus on eminent domain and condemnation law, land use, real property taxation, and real property litigation. George represents clients nationally including retailers, banks, regional developers, outdoor advertising firms and manufacturers.

A certified Florida Supreme Court mediator, George is a member of several southern Florida real estate organizations. He is active in The Florida Bar Eminent Domain Committee, the Outdoor Advertising Association of America, the Florida Outdoor Advertising Association, the Appraisal Institute and the Counselors of Real Estate, holding the MAI and CRE professional designations from the latter organizations, respectively. George is certified in New Jersey as a general real estate appraiser, tax assessor and licensed real estate broker. He is also a former director of the Continental Bank of New Jersey. George frequently speaks on real estate valuation law-related matters at various national and regional conferences and seminars.

George received his J.D., with honors, from Rutgers University School of Law in 2002, and his B.A. from Bucknell University in 1969.

07-31-2007

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Collier, Shannon & Scott, P.L.L.C.

Kelley Drye Successfully Sets Aside An Arbitrator's Award Under Teamsters' National Master Freight Agreement
Setting aside a "final and binding" arbitrator's award is virtually impossible, whether under the Federal Arbitration Act, the National Labor Relations Act, or State Law, absent corruption or a conflict of interest on the part of the arbitrator.

Yet, Kelley Drye was able to do this on behalf of Alvan Motor Freight, Inc. ("Alvan"), a mid-western automotive trucking company. Having lost a critically important arbitration case, Alvan's local counsel called upon Kelley Drye for assistance.

Alvan is signatory to a multi-employer/multi-union Teamster nation-wide collective bargaining agreement known as the National Master Freight Agreement ("NMFA"). Under the NMFA, Alvan makes monthly contributions to the Central States Pension Fund and health care contributions to the Central States Welfare Fund for one-half of its employees and to the Michigan Conference Teamster Welfare Fund ("MCTWF") for the other half.

When Central States Pension became financially strapped in 2004, the Teamsters ordered contributing employers to divert their monthly contributions from Central States Welfare to Central States Pension. Alvan agreed to do so since the Trustees of Central States Welfare consented. When the Teamsters later ordered contributing employers to divert from the MCTWF to Central States Pension, Alvan refused to do so because the MCTWF's Trustees refused to consent and threatened Alvan with litigation if Alvan made the diversion.

Central States Pension filed a grievance against Alvan seeking over $2.4 million in lost contributions. An arbitrator under the NMFA found for Central States Pension.

Central States Pension commenced suit in the Federal District Court for the Northern District of Illinois in Chicago to confirm and enforce the Award. Alvan commenced suit in the Federal District Court for the Western District of Michigan in Grand Rapids to set aside the Award. It was at this juncture of the case that Kelley Drye was called in.

Kelley Drye was able to have the cases consolidated in the Western District of Michigan. Six law firms participated in the case, representing Central States Pension, the MCTWF, Michigan and Ohio Teamster Local Unions, the International Brotherhood of Teamsters, and Alvan. Kelley Drye drafted the briefs and planned the litigation strategy for Alvan.

Federal District Court Judge Zouhary set aside the Award based on Alvan's legal arguments, thereby saving Alvan $2.4 million, plus interest. In addition, under the NMFA, as the losing party Central States Pension will now have to pay Alvan the attorney's fees and court costs Alvan incurred in the case. Central States will likely appeal the District Court's decision to the Sixth Circuit Court of Appeals.

07-31-2007

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Butzel Long

Michael J. Lavoie is co-recipient of OCBA Frances R. Avadenka Memorial Award
Butzel Long attorney and shareholder Michael J. Lavoie is the co-recipient of the Frances R. Avadenka Memorial Award. The award was established by the board of directors of the Oakland County Bar Association (OCBA), in memory of Frances R. Avadenka, a former president of the OCBA. The award is presented annually to an OCBA member who has made significant contributions to the community outside the legal profession. The other recipient of the award is Joan P. Vestrand, a professor and assistant dean at Cooley Law School's Oakland University campus.

For the past two years, Mr. Lavoie has been responsible for developing the Gettysburg Mentoring Program, which has trained hundreds of lawyers and law students to serve as adult mentors to more than 400 middle and high school students in the Pontiac, Michigan school system. Each of the mentors commits to meeting one hour a week with a student to help him/her develop the character and academic skills to succeed.

Mr. Lavoie is the head of Butzel Long's business litigation practice group. He practices in the areas of criminal white collar defense; products liability defense; and commercial, environmental and construction litigation. He has extensive experience representing companies in the automobile manufacturing and supply industries, construction, waste management, and many small to medium size businesses.

Prior to joining the firm in 1986, Mr. Lavoie was Assistant Chief of the Criminal Division of the U.S. Attorney's office. During his tenure as an Assistant United States Attorney, Mr. Lavoie had more than 20 federal criminal felony trials. Since that time, he has also represented and successfully defended numerous individuals and businesses in criminal investigations on the state and federal level. Mr. Lavoie has also conducted numerous internal corporate investigations and designed and implemented a wide variety of compliance programs. He has significant expertise in compliance matters involving the federal Clery Act regarding safety and security on campus at higher education institutions, including internal investigations, auditing/reviewing compliance, and U.S. Education Department program reviews.

Mr. Lavoie currently serves as President of the U.S. District Court for the Eastern District of Michigan Historical Society. He is a board member and officer of the Pontiac Alumni Foundation engaged in youth mentoring and related activities. Mr. Lavoie is a former Peace Corps volunteer engaged in various Africa development projects.

Mr. Lavoie is a graduate of the University of Notre Dame (B.A., cum laude, 1975) and the University of Detroit (J.D., cum laude, 1980). Mr. Lavoie is a resident of Birmingham.

07-31-2007

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Department of Fair Employment and Housing

Former OCC Lawyer Robert Clark Joins Arnold & Porter's Financial Services Group
Arnold & Porter announced today that regulatory and enforcement banking lawyer Robert Clark has joined the firm as counsel in Washington, D.C. Mr. Clark previously served as a senior attorney for the Enforcement and Compliance Division of the U.S. Office of the Comptroller of the Currency (OCC) and as an enforcement attorney for the Board of Governors of the Federal Reserve System.

Mr. Clark joins Arnold & Porter’s preeminent financial services practice, which consists of a team of over thirty lawyers who provide U.S. and international financial institution clients with comprehensive regulatory, litigation, and transactional services. The group handles complex regulatory and transactional issues and litigates cases involving the financial services industry at the administrative level and in the state and federal courts, including the U.S. Supreme Court. The group expanded in 2006 with the addition of Brian McCormally, former Director of the Enforcement and Compliance Division at the OCC.

Commenting on Mr. Clark’s arrival, A. Patrick Doyle, head of the financial services practice, said, “Bob will be a great asset to our group and to the firm. His in-depth knowledge of banking law and background at the OCC and the Federal Reserve will be particularly valuable to the team and to our clients.�

Mr. Clark’s most recent position was as legal counsel for the Managed Funds Association, the principal trade association for the private investment fund industry. Prior to that position, he worked at the Enforcement and Compliance Division of the OCC, first serving as senior attorney (1998-2001) and then as senior counsel (2001-2004). During his tenure, he conducted investigations and administrative and civil litigation involving supervision of nationally chartered banks. He handled complex matters involving insider fraud and abuse allegations, and enforcement agreements including novel actions against bank service companies. He was also responsible for civil litigations that resulted in favorable decisions regarding the agency’s bank supervision powers.

As senior enforcement attorney at the Federal Reserve from 1993 to 1998, Mr. Clark conducted investigations and enforcement actions involving bank holding companies, state banks, and other entities supervised by the Federal Reserve. He counseled agency employees on enforcement issues, negotiated orders against foreign and domestic financial institutions, investigated and pursued administrative litigations involving complex issues of federal banking law, and investigated cases involving safety and soundness, domestic and international financial fraud, money laundering, and securities lending, among others.

Prior to his government service, Mr. Clark had ten years of experience in private practice focusing on litigation involving regulated financial institutions. He received his law degree from Creighton University Law School in Omaha, Nebraska.

07-31-2007

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