Law Firm News

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Law Firm News

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Woodcock Washburn LLP

Woodcock Washburn Attorney Jeffrey Rosedale Admitted to Round Table Scholar Program
Woodcock Washburn LLP attorney Jeffrey H. Rosedale has been admitted to the Round Table Scholar program, a preeminent consortia of consulting professors.

Rosedale concentrates his practice on helping high technology clients develop, protect and profit from their intellectual property and is a member of the Firm's nanotechnology practice group.

07-25-2007

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Winthrop & Weinstine, P.A.

Winthrop & Weinstine, P.A., Announces 2007 "Super Lawyers"
Winthrop & Weinstine, P.A., a Twin Cities law firm, is proud to announce that 23 of its attorneys were named “Super Lawyers” for 2007. “Super Lawyers” are selected based on a survey sent to 20,000 randomly selected attorneys across Minnesota, with the results published in Minnesota Law and Politics, Twin Cities Business and Minneapolis/St. Paul Magazine. The final list of “Super Lawyers” represents only six percent of the lawyers licensed to practice in Minnesota.

Winthrop & Weinstine attorneys designated as 2007 “Super Lawyers” are: Jeffrey R. Ansel, Stephen R. Baird, Timothy M. Barnett, Daniel C. Beck, Thomas H. Boyd, Philip T. Colton, Scott J. Dongoske, Edward J. Drenttel, Lloyd W. Grooms, Thomas M. Hart, Richard A. Hoel, Jon J. Hoganson, Geoffrey P. Jarpe, Mark T. Johnson, John A. Knapp, Paul W. Markwardt, Matthew R. McBride, David E. Moran, David P. Pearson, Brooks F. Poley, Eric F. Swanson, Todd B. Urness, and Robert R. Weinstine. Both Thomas H. Boyd and Robert R. Weinstine ranked in the Top 100.

Practice areas represented include: Antitrust and Trade Regulation, Appellate Practice, Banking and Finance, Business and Commercial Litigation, Construction Law, Corporate Finance and Securities Law, Creditors Remedies and Bankruptcy Law, Emerging Companies and Entrepreneurial Services, Eminent Domain, Employment Law, Energy Law, Environmental and Land Use, Franchise Law, General Corporate, Indian Law, Insurance and Financial Services, Intellectual Property, Legislative and Regulatory, Mergers and Acquisitions, Public Finance, Real Estate, Tax, and Telecommunications

07-25-2007

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Wiley, Rein & Fielding, L.L.P.

Laura A. Foggan to Co-Chair the American Bar Association’s Insurance Coverage Litigation Committee
Wiley Rein partner Laura A. Foggan, co-chair of the firm’s Appellate Practice and a senior member of its 40-member Insurance Practice, has been named to co-chair the Insurance Coverage Litigation Committee (ICLC) of the Litigation Section of the American Bar Association (ABA). With more than 20 years of trial and appellate experience in insurance-related litigation, her appointment to this leadership position comes in recognition of her “achievement as one of the nation’s leading litigators” in her field.

Consistently named as a leading lawyer for insurers in commercial insurance work, Ms. Foggan is well-known for her contributions to the development of key insurance law precedents and the effective presentation of insurer views through industry amicus submissions in the courts. The 2007 edition of Chambers USA: America’s Leading Lawyers for Business noted that she is “credited with being ‘one of the leading lights in the industry.’” “Peers admire her ‘nuanced understanding of legal issues,’ and admit to regularly referring complex problems to her.” Moreover, clients told Chambers that “because of her intelligence and clarity” she is “listened to and trusted.”

Ms. Foggan is an active member of insurance law community. In addition to her ABA responsibilities, she is a member of the Center for Public Resources (CPR) Distinguished Panel of Neutrals for the Inter-Insurer Program, the Federation of Defense and Corporate Counsel, the Defense Research Institute’s Appellate Advocacy and Insurance Coverage Committees, and the District of Columbia Bar’s Courts, Lawyers and the Administration of Justice Section.

Ms. Foggan will serve along with John James of Potter Anderson & Corroon LLP, who is the current ICLC co-chair from the policyholder perspective.

07-25-2007

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Porzio Bromberg & Newman, P.C.

Porzio Advises Moscow CableCom Corp. in "Going Private" Merger Transaction with Russian Private Equity Firm
A Russian private equity firm has acquired a US-based public company in order to increase its share of the telecom market in Russia. Renova Media Enterprises, Ltd., which already owned a 40 percent interest in Moscow Cablecom Corp., (Nasdaq MOCC) acquired the remaining equity interests in MOCC, valued at $152 million, in a “going private” deal. Porzio, Bromberg & Newman, P.C. represented Moscow CableCom Corp. in the merger transaction.

As a result of the merger, first announced in February, Moscow Cablecom becomes a wholly owned direct subsidiary of Renova. Moscow Cablecom provides cable TV and Internet services, under the brand name, AKADO, in the rapidly expanding Russian telecom market.

According to analyst reports, the cable market in Russia provides services to less than 1 percent of households but is predicted to grow to 17 percent by 2010, having already experienced a growth spurt in 2005 of 43 percent y-o-y, with 30 percent of that growth in the city of Moscow.

Christopher F. Schultz, who led the corporate team at Porzio on the transaction, commented that this merger represents “among the first major acquisitions of a US-based company by a Russian private equity firm in order to gain assets based in Russia.” He explains, “The rapid expansion of private equity buyout activity in Russia and Eastern Europe continues and this transaction represents a further step by Russian based firms to utilize the more complex avenue of acquiring U.S. companies owning assets in Russia and elsewhere.” The strong growth potential of the cable industry in Russia, he continues, “made Moscow Cablecom, one of a small field of major competitors in the industry, an attractive merger partner.”

Mr. Schultz, Principal, serves as co-chair of the Corporate, Securities, and Mergers & Acquisitions Department. His practice includes significant corporate, mergers and acquisitions, and securities law matters including both United States and cross-border transactions.

07-25-2007

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Pennington, Moore, Wilkinson, Bell & Dunbar P.A.

Kilgore Appointed as Certified Federal Mediator
Pennington Partner, Sidney W. Kilgore, was recently appointed as a Certified Federal Mediator by Patricia C. Fawcett, the Chief District Judge of the United States District Court for the Middle District of Florida. Mr. Kilgore will be serving in the Tampa, Ocala, Orlando, and Fort Myers divisions of the court, principally in patent, trademark, copyright, and other intellectual property law cases.

07-25-2007

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Kluger, Peretz, Kaplan & Berlin P.L.

FLSA Update: Providers of Companionship Services Employed by Health Care Agencies are Exempt from Minimum Wage and Overtime Protections
Employers faced with a case that involves provisions of the Fair Labor Standards Act (FLSA) often find themselves attempting to wade through the thicket of regulations without necessarily being aware of recent changes to the law that may have significant impact. The FLSA involves technical and often-changing interpretations of provisions within the Code of Federal Regulations and the rules and regulations of the Department of Labor.

One recent example is the U.S. Supreme Court decision on June 11, 2007 that upholds and further defines the limited “companionship services” exemption under the FLSA challenged by the federal Court of Appeals’ ruling in Long Island Care At Home, Ltd. v. Coke, 2007 WL 1661472 ( U.S. June 11, 2007). Additionally, the Court also referred the issue to Congress for legislative remedy.

Adopted in 1938, the FLSA sets the minimum wage rate, overtime pay, regulates equal pay, record-keeping requirements and child labor standards. Since 1974, the FLSA specifically governs minimum wage and overtime rules for “domestic service employment” and “companionship services.” But, domestic service employees, those performing general household work on a more than casual basis, are entitled to at least the Federal minimum wage and overtime, and those performing “companionship services,” as defined by the Department of Labor, have limited exemptions that do not require the payment of minimum wage and overtime.

The limited exemptions for “companionship services” are in force when ALL conditions that constitute “companionship services” are present. They include services for the care, fellowship, and protection of persons who, because of advanced age or physical or mental infirmity, cannot care for themselves. Such services include household work for aged or infirm persons including meal preparation, bed making, clothes washing, and other similar personal services. General household work is also included as long as it does not exceed 20 percent of the total weekly hours worked by the companion. “Where this 20 percent limitation is exceeded, the employee must be paid for all hours in compliance with the minimum wage and overtime requirements of the FLSA.” (See Department of Labor Fact Sheet: Companionship Exemptions)

The Coke decision is important because it is estimated that currently over one million companion workers are employed by home healthcare agencies throughout the United States, and this ruling will have a significant impact on overtime considerations. In the South Florida market where the elderly population is significant, the impact can already be seen. In a recent case brought against a high profile South Florida company that operates in the domestic companionship services market, a plaintiff alleged, unsuccessfully, that as an employee of the company she was entitled to overtime pay for providing domestic companionship services.

In the Coke case, Evelyn Coke brought a similar action against her employer, Long Island Care at Home, Ltd., for unpaid wages, claiming the FLSA companionship services exemption was not applicable to individuals, like her, employed by third-party agencies. Coke challenged the enforceability of the Department of Labor regulation that specifically provides that persons employed by third parties are governed by the “companionship services” exemption. The federal court of appeals ruled in Coke’s favor finding that the exemption for home health-care providers should not apply to non-family employees because the intention of the regulation was to exempt companions, not individuals employed to assist with housekeeping and the activities of daily living.

The Supreme Court decision to overturn the Appellate Court’s decision recognizes that the FLSA explicitly leaves gaps as to the scope and definition of certain statutory terms, including “domestic service employment” and “companionship services,” and provides the Department of Labor with the power to fill these gaps through its rules and regulations. Accordingly, the Supreme Court found that the recently issued Department of Labor regulation, which broadly defines “domestic service employment” and “companionship services” to include services provided by a home healthcare provider who is employed by a third-party agency, meets the exemption under the FLSA and is an appropriate gap filler.

The Coke decision emphasizes the importance of minimum wage and overtime considerations under the FLSA and Florida law. Lawsuits alleging violations of minimum wage and overtime laws, such as the FLSA, are on the rise. As a result, it has become increasingly important for employers to pay close attention to the detailed requirements of the FLSA and to seek counsel to assist with the complex minimum wage and overtime compliance issues.

07-25-2007

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Healy & Baillie, L.L.P.

Kathy Ochroch Elected to Nationalities Service Center Board of Trustees
Blank Rome Partner and Pro Bono Services Director Kathy Ochroch has been elected to the Nationalities Service Center’s Board of Trustees. Ms. Ochroch will serve on an 18-member board charged with the governance of the agency, and will help to oversee the agency’s mission of assisting immigrants and refugees in the Delaware Valley region.

Founded in 1921, the Nationalities Services Center (NSC) provides assistance and a safe haven to refugees, asylees and immigrants from all countries, religious faiths and ethnic backgrounds.

At Blank Rome, Ms. Ochroch is responsible for the organization and implementation of the firm-wide pro bono program, and assists attorneys and paralegals in finding meaningful pro bono opportunities, and coordinates training and resources to support their pro bono activities. She also maintains a commercial litigation practice, which focuses on representing clients in trusts and estates litigation, media and first amendment law and product liability.

Ms. Ochroch has earned much recognition for her pro bono work, including the 2005 Craig M. Perry Community Service Award by the Young Lawyers Division of the Philadelphia Bar Association and the 2004 Pennsylvania Bar Association Pro Bono Award. Ms. Ochroch was listed among the 2007 Philadelphia Business Journal “40 Under 40,” and was named a “2003 Lawyer on the Fast Track” by the Legal Intelligencer. She was also honored as a “Distinguished Advocate” by the Support Center for Child Advocates in 2003.

Ms. Ochroch received her law degree, with high honors, from George Washington University Law School, where she obtained Order of the Coif status. She holds a Bachelor of Arts, cum laude, from Dickinson College.

07-25-2007

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