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Criminal Indictment Avoided
Recently lawyers for Beveridge & Diamond, P.C. negotiated the first deferred prosecution agreement in an environmental crimes case. After extensive negotiations, federal prosecutors agreed not to criminally charge the client as a result of its operation of two wastewater treatment facilities. The government alleged that the company failed to comply with reporting requirements under the Clean Water Act. Under the terms of the deferred prosecution agreement, the client agreed to pay $2 million and institute changes in its operation and environmental oversight.

04-07-2006

EPA and Army Corps Propose New Standards For Wetland Mitigation
On March 28, 2006, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) proposed new standards regulating compensatory mitigation of impacts to wetlands and other aquatic resources authorized under the Corps’ Clean Water Act permitting program. Proposed Rule, 71 Fed. Reg. 15519 (Mar. 28, 2006) available at http://www.epa.gov/wetlandsmitigation. The proposed rule signals a shift in federal aquatic resources conservation by attempting to establish equivalent standards and criteria for permittee-responsible mitigation, mitigation banks, and in-lieu fee mitigation—the three primary mechanisms available for achieving compensatory mitigation for wetland losses. By integrating consistent performance standards into these mechanisms, EPA and the Corps hope to improve the quality and success of compensatory mitigation projects. In addition to bridging the gaps between different mitigation practices, the proposed regulations adopt a watershed-based approach to wetland mitigation, emphasize the importance of applying the “best available science” to address the needs of specific aquatic ecosystems, and encourage the development of innovative, market-based conservation methods that augment current mitigation banking practices. Finally, the proposed rule increases public participation in decisions concerning restoration of aquatic resources by requiring public notification of project impacts and the measures that will be taken to avoid, minimize, and compensate for these impacts and by subjecting all proposed mitigation banks to public notice and comment.

EPA and the Corps are currently seeking comments on the technical merit of these proposed regulations. Any comments must be submitted by May 30, 2006.

04-07-2006

Beveridge & Diamond Web Site Wins IMA Platinum Award
Beveridge & Diamond, P.C. was pleased to learn that the firm’s new Web site recently received a 2006-07 Platinum Award by the IMA, Internet Marketing Attorney. The Platinum Award is the highest recognition level for a law firm Web site.

Recognized in the small to mid-sized law firm category, Beveridge & Diamond’s site was judged on design, content, usability, interactivity and intangibles. According to the site’s review, the site has “the right combination of design elegance and content balance -- in a way that is user-friendly. An excellent online effort by a firm that continues to grow.

04-07-2006

Brinks Hofer Gilson & Lione Named One of the Top 20 Patent Firms in the Country by IP Today Magazine
CHICAGO – Brinks Hofer Gilson & Lione, for the third consecutive year, has been recognized by Intellectual Property Today magazine as one of the top 20 patent firms in the country. IP Today's March 2006 issue reported it's rankings for the “Top 300 Patent Law Firms” based on the number of patents issued in 2005.

""Brinks has top-notch patent prosecutors who receive tremendous satisfaction in doing a great job for our clients, said Kent Genin, chair of the Patent Prosecution Practice at Brinks. “Consistently being recognized as one of the top twenty patent firms in the U.S. represents the confidence our clients have in our work and our service.""

Intellectual Property Today is one of the leading legal intellectual property publications and determines its rankings according to the total number of U.S. patents that firms issued on behalf of their clients. In 2005, Brinks issued 942 patents, making the firm one of the top three firms for intellectual property in Chicago.

Brinks also ranked in the top 20 of utility patent firms in the country, again based upon the total number of U.S. utility patents issued. The firm issued 812 utility patents and 130 design patents.


Founded in 1917, Brinks Hofer Gilson & Lione is based in Chicago with three other offices across the country serving the intellectual property needs of clients from around the world. The firm is one of the largest IP law firms in the country, with more than 150 attorneys, scientific advisors and patent agents specializing in intellectual property litigation and all aspects of patent, trademark, copyright, trade secret, unfair competition, intellectual asset management, and technology and licensing agreements. Brinks routinely handles assignments in fields as diverse as electrical, chemical, mechanical, biotechnology, pharmaceutical, nanotechnology, Internet and computer technology, as well as in trademarks or brand names for a wide variety of products and services.

04-07-2006

Bennett Jones is Pleased to Announce the Return of Stephen P. Sibold, Q.C. to the Firm
Steve is a senior member of the Corporate/Commercial and Public Markets Groups. He returned to Bennett Jones after 10 years in the private and public sectors.

From May 2000 to May 2005, Steve served as Chair and CEO of the Alberta Securities Commission. He also served for two years as Chair of the Canadian Securities Administrators and on the Council of Governors of the Canadian Public Accountability Board. Prior to joining the ASC, Steve served as Sr. Vice-President and General Counsel of Canadian Airlines.

With his unique and varied experience, Steve is extremely well positioned to provide strategic advice on securities law and governance issues to the firm's clients.

Bennett Jones is an internationally recognized Canadian law firm focused and founded on principles of professional excellence, integrity, respect and independent thought. Our firm's leadership position is reflected in the law we practise, the groundbreaking work we do, the client relationships we have, and the quality of our people.

04-07-2006

Churches Allegedly Violate Tax-Exempt Status for Supporting Ohio Governor Candidate
A group of religious leaders filed charges with the IRS alleging that two churches violated their tax-exempt status by supporting Kenneth Blackwell in his campaign to become the governor of Ohio. The group originally filed the complaint on January 16, 2006 with 31 signers and recently filed additional charges with 56 signers. The group cites political events scheduled by the churches, at which Blackwell attended as the sole candidate, and access to a plane owned by one of the churches. The church that owns the plane responded by stating that Blackwell was on the plane for two trips to Texas unrelated to the campaign. They added that the filing of the additional charges is politically motivated citing the fact that Ohio’s primary elections are only three weeks away.

04-07-2006

Thomason Hendrix Attorney Victorious in Back-to-Back-to-Back Jury Trials
In the course of thirty days, Mr. Bruce McMullen successfully represented defendants in three jury trials. The first trial took place in Arkansas and involved a car wreck in which Mr. McMullen’s client admitted liability for the accident. The jury awarded $0 in damages. The next two trials were tried in Shelby County Circuit Court. In those trials, Mr. McMullen obtained defense verdicts in a premises liability case and in a medical malpractice case. Ms. Stacie Winkler, a Thomason Hendrix associate, assisted Mr. McMullen in the Shelby County trials.

Mr. McMullen is a shareholder of Thomason Hendrix. His practice focuses on general civil litigation in Tennessee and Arkansas state and federal courts.

04-07-2006

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