Law Firm News

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Law Firm News

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Garan Lucow Miller P.C.

John Gillooly elected Chair of Firm's Executive Committee
The Law Firm of Garan Lucow Miller, P.C. announces attorney and shareholder, John J. Gillooly, has been elected to serve as Chairperson of the firm’s Executive Committee.

Mr. Gillooly graduated with a B.S. in Criminal Justice from Lake Superior State University in 1984 and earned his J.D. in 1988 from University of Detroit. He is a member of the Supreme Court of the United States, United States Sixth Court of Appeals, United States District Courts for the Eastern and Western Districts of Michigan, and the Supreme Court of the State of Michigan.

He has been the Chairperson of the Municipal Practice Group – Catastrophic Claims since 1991 and is the author of an informal publication, Help Prevent Child Abuse and Neglect. Mr. Gillooly is the co-editor of the firm’s GovLaw publication and gives numerous presentations throughout the state.

Mr. Gillooly’s primary areas of practice consist of class action defense, municipal litigation, high exposure trials and arbitrations, and catastrophic claims. He practices in the firm’s Detroit office

07-09-2007

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Crowell & Moring LLP

Crowell & Moring Pro Bono: Maryland ACLU Writes to AG Detailing First Amendment Violations of Gaithersburg Ordinance Targeting Day Laborers
Acting to ensure a full accounting of both the legislative intent and fatal free speech restrictions of Gaithersburg's recent anti-day laborer ordinance, the American Civil Liberties Union of Maryland, in partnership with the law firm of Crowell & Moring LLP, has written to the Office of the Attorney General offering our analysis of the law's constitutional infirmities.

The Attorney General will be issuing an opinion regarding the law’s constitutionality, following the City’s formal request in May. The City made its request for an opinion after the Montgomery County State’s Attorney refused to prosecute offenses under the new law based on concerns about its constitutionality.

In the letter, the ACLU points out how the ordinance unconstitutionally targets day laborers and their employers, and does not serve any compelling government interest that might justify its enactment.

"We are confident that Gaithersburg's anti-solicitation ordinance cannot withstand legal scrutiny," said David Rocah, Staff Attorney for the ACLU of Maryland. "From the beginning, the City sought to ban a particular type of free speech activity engaged in by a narrowly targeted group. Such singling out of speech deemed by some to be undesirable is unacceptable in a free society."

As the ACLU’s letter points out, to the extent there are legitimate concerns about traffic safety, there are already ample laws prohibiting certain behaviors, as opposed to speech, that address the problem without infringing on the Constitution.

Crowell & Moring partner Jerome A. Murphy, said, “The ordinance on its face discriminates against certain types of speech and would have the result of denying some of Gaithersburg’s residents an opportunity to seek work within the city’s borders. We are confident that the Attorney General will conclude that the First Amendment does not permit residents to be shut out in this way.”

Rocah continued: "A desire to force day laborers to find work out of sight and out of mind is not a legitimate government interest. Individuals have as much right to ask for a job to put food on the table as they do to ask for donations for the high school band or to protest unwanted development in their neighborhood."

The ordinance was the result of recommendations by a Task Force convened in 2005 to address concerns regarding solicitation of employment of and by day laborers. Day laborers in Gaithersburg, who are predominately Hispanic, traditionally have expressed their availability for employment by standing on a public sidewalk or other public way or on private parking lots with permission. Prospective employers have typically driven to these locations, pulled into parking areas, and approached the day laborers with offers of employment.

But despite the fact that the City had acknowledged that day laborers generally assemble peaceably; that police officials had testified that no valid complaints had been received about the behavior of the day laborers for many months; and that the Task Force did not investigate or find that the day laborers posed any significant traffic hazards, the Task Force recommended in 2006 that the day laborers be permitted to gather in only one location -- a so-called "day labor center." The City was unable to settle on a suitable site for such a center within city limits. The ordinance provides that all employment solicitation is unlawful anywhere in Gaithersburg, following the opening of a center by Montgomery County outside city limits.

Attorneys Jerome A. Murphy and David L. Haga at the Washington, D.C. law firm Crowell & Moring worked pro bono with the ACLU of Maryland in preparing the legal analysis for the Attorney General.

07-09-2007

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Davis Polk & Wardwell

Dividend Capital Strategic Global Realty Fund Initial Public Offering
Davis Polk & Wardwell advised Wachovia Capital Markets, LLC in connection with the initial public offering by Dividend Capital Strategic Global Realty Fund of $150 million of its shares of common stock. The fund is listed on the New York Stock Exchange under the symbol ‚DCW.?

The fund is advised by Dividend Capital Investments LLC.

The Davis Polk corporate team included partner Joseph A. Hall and associates John T. Rudy and David L. Portilla. Counsel Susan Betteridge Baker provided Investment Company Act advice. Partner Mary Conway and associates Kimberly A. Champlin and Catherine Paskoff Chang provided tax advice. The NASD team included counsel Marcie A. Goldstein and legal assistant Peggy A. Petercsak. All members of the Davis Polk team are based in the New York office.

07-09-2007

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McGuireWoods LLP

McGuireWoods Lawyer Inducted into the Litigation Counsel of America
McGuireWoods LLP announces that Marta A. Stein, a partner in the firm’s Chicago office, was inducted into the Litigation Counsel of America (LCA) at its Spring Conference and Induction of Fellows in New York in June.

The Litigation Counsel of America is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. The LCA is aggressively diverse in its composition. Established as a trial and appellate lawyer honorary society reflecting the American bar in the twenty-first century, the LCA represents the best in law among its membership.

Stein is national co-chair of McGuireWoods’ Banking Litigation Group, and a member of the Business and Securities Litigation Group. She concentrates her practice in the commercial litigation and corporate counseling arenas, acting as lead counsel for cases pending in federal and the law and chancery divisions of state courts across the country. She has also successfully mediated and arbitrated numerous matters under court-ordered and private ADR processes. Her extensive litigation experience has enhanced her transactional practice where she acts as outside general counsel to clients, working closely with corporate executives in the prevention and reduction of litigation.

In addition to her appointment as a new Fellow in the Litigation Counsel of America, Stein was voted an “Illinois Super Lawyer” (top 5 percent of attorneys) in 2006 and 2007 in the area of business litigation by Law & Politics magazine. She also was named as part of the Leading Lawyers Network for Business Litigation for 2006 and 2007. Stein is rated AV, the highest ranking, by Martindale-Hubbell.

07-09-2007

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Fulbright & Jaworski L.L.P.

Fulbright Partner Mark Baker Joins AAA e-Discovery Task Force
Fulbright’s accomplished international law and arbitration co-chair and partner Mark Baker was appointed to the American Arbitration Association’s new Task Force on Exchange of Documentary and Electronic Materials.

The American Arbitration Association (AAA) administers cases in alternative dispute resolution, with the focus of resolving matters out of the courtroom. The organization provides such services as appointing arbitrators, setting hearings and managing settlement through mediation.

AAA's e-Discovery Task Force was established to examine current document disclosure practices in international arbitration and will assess whether the practices are consistent with providing a fair resolution process that is also quicker and less costly than litigation. Upon finalizing its review, the Task Force will provide recommendations for discovery practices which could include drafting or amending institutional rules.

As co-chair of both Fulbright's international practice and arbitration practice, Baker is currently on the board of directors of the AAA and Court Member and arbitrator for the London Court of International Arbitration. He is also frequently selected to serve as an arbitrator on domestic and international arbitration panels.

Earlier this year, Baker was named one of the Most Influential Lawyers in America by the National Law Journal and one of the top 20 international arbitration experts by Practical Law Company.

07-09-2007

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Carlton Fields

Shareholder Edith G. Osman Appointed to ABA's House of Delegates
Carlton Fields Miami Shareholder Edith G. Osman has been appointed by The Florida Bar Board of Governors to serve a two-year term as a Florida Bar delegate to the American Bar Association (ABA) House of Delegates. She has served as a member of the ABA House of Delegates since 2000, when she completed her term as Florida Bar President.

Established in 1936, the House of Delegates is the policy making body of the ABA, having the ultimate responsibility for establishing the policies for administration of the association and its positions on professional and public issues. It meets twice each year, at the ABA’s Annual and Midyear meetings.

In addition to being the past president of The Florida Bar, Osman is the state-wide president and the Miami-Dade chapter president of the Florida Association for Women Lawyers, and past chair of The Florida Bar’s Standing Committee on the Legal Needs of Children. She chairs Carlton Fields’ Family Law Practice Group and is also a Supreme Court Certified Civil and Family Law Mediator. Osman practices in the areas of matrimonial law, commercial litigation, and mediation.

Osman received her Bachelor’s Degree from State University of New York at Stony Brook and her J.D., cum laude, from the University of Miami School of Law.

07-09-2007

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Carlton Fields

Attorneys Involved with 2008 Gasparilla Festival of the Arts
Carlton Fields is pleased to announce that Tampa attorneys Mac Richard McCoy, Christopher M. Sacco, and Dianne Triplett have been honored with leadership positions within the Raymond James Gasparilla Festival of the Arts. Sacco and Triplett were recently appointed as Co-Chairs of the event committee for the 2008 Raymond James Gasparilla Festival of the Arts. In addition, McCoy was elected Vice President of the Gasparilla Festival of the Arts Board of Directors.

The Festival, which is run entirely by volunteers, has become one of the premier outdoor art events in the Southeast, drawing over 300 artists who work in a variety of disciplines and attracting more than 250,000 visitors and patrons annually to the Tampa Bay area. The 2008 Raymond James Gasparilla Festival of the Arts will be held March 1 – 2, 2008 in Tampa. For more information, please visit http://www.gasparilla-arts.com.

McCoy is a member of the Firm’s Real Property Litigation Practice Group. He practices in the areas of complex commercial litigation, class action defense, and real property litigation, including representation of title insurance companies. McCoy received a dual B.A., magna cum laude, from Stetson University in 1998. He received his J.D., cum laude, from Stetson University College of Law in 2001.

Sacco is a member of the Firm’s Business Litigation & Trade Regulation Practice Group. He has represented clients in securities class actions, shareholders’ derivative litigation, and other complex commercial matters in federal and state court, as well as in arbitration and mediation. Sacco received his J.D., with honors, from the University of Florida College of Law in 2001. He received his B.S. B.A. in Marketing, cum laude, from the University of Florida in 1995.

Triplett is a member of the Firm’s Energy and Real Property Litigation Practice Groups. She practices in the areas of real property litigation, eminent domain litigation, probate litigation, and in several forums of energy litigation, including administrative proceedings. Her experience includes representation of utilities in prudency review of contracts, rate case proceedings, and need proceedings before the Public Service Commission. She also has experience litigating real property specific performance disputes, and representing both condemnor and condemnee parties in eminent domain matters. Triplett received her J.D., with high honors, from the University of North Carolina School of Law in 2004. She received her B.A., summa cum laude, from the University of South Florida in 2000.

07-09-2007

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