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Davis & Gilbert’s Joseph Lewczak Will Chair Leading Intellectual Property In Advertising & Marketing Conference
Davis & Gilbert announced today that partner Joseph Lewczak would be participating as faculty at the American Conference Institute’s one-day focus conference on Intellectual Property in Advertising & Marketing on October 24, 2007 at the Cornell Club in New York City.

Mr. Lewczak will also present, "Surviving in the User Generated Crossfire”, examining regulatory obligations and the risks of viral marketing.

Joseph Lewczak represents numerous multinational, national and local advertising agencies, promotions agencies, advertisers, direct marketers, and telemarketers in connection with all aspects of advertising, promotions, marketing, direct marketing and telemarketing.

06-26-2007

James Hoey Named Who's Who Among Leaders of Large Law Firms
Clausen Miller Partner James Hoey has been named Who's Who Among Leaders of Large Law Firms in the June edition of Chicago Lawyer. Jim is the President of Clausen Miller and the Board of Directors. He specializes his practice in property losses and is often asked speak and write articles on his expertise of the subject.

06-26-2007

ADAMH Chief Executive Director David A. Royer Honored by Buckingham, Doolittle & Burroughs, LLP
Buckingham, Doolittle, & Burroughs, LLP (“BDB”) presented its annual Stellar Performer Award on June 20, 2007 at the BDB Columbus office. The award recognizes community and business leaders for exemplary leadership.

The Alcohol, Drug and Mental Health (“ADAMH”) Board of Franklin County’s Chief Executive Officer, David A. Royer, received the Stellar Performer Award for his many civic and charitable contributions to the city of Columbus. Mr. Royer’s professional career has been built on caring for people in Ohio’s evolving system of publicly funded substance abuse and mental health care.

His key accomplishments include leading ADAMH through its successful replacement levy campaign in the fall of 2005, supervising the development of a long-term financial planning model in conjunction with an independent actuarial firm, and beginning the first data warehousing initiative to insure comprehensive data storage and retrieval capacity.

ADAMH helps Franklin County residents find the right places to turn for affordable, quality alcohol, drug addiction and mental health services. These services are provided by more than 40 not-for-profit contract agencies located in neighborhoods throughout the county.

“I'm pleased to accept this award on behalf of ADAMH and all of the 42 non-profit organizations that provide the extensive behavioral healthcare services to Franklin County. This is a challenging arena, and the services that we coordinate and deliver are critical for our community,” stated Mr. Royer. “I'm honored to accept this recognition for ADAMH and I believe it's a tribute to the spirit, compassion, and commitment of our non-profit providers, as well as our business and professional community. Through all of these efforts we are able to provide these vital services.”

Mr. Royer’s impressive civic background includes serving as an Executive Council member of the Ohio Association of County Behavioral Health Authorities, a member of the Eli Lilly National Public Sector Advisory Group, a member of the Franklin County Family and Children First Cabinet, Treasurer of the Ohio Federation of Alcohol and Drug Addiction Services Boards, and the Ohio Council on Alcohol and Drug Addiction Services (2 terms, appointed by past Governor George Voinovich).

Nick George, President and CEO of Buckingham, said, “We are pleased to present this award to David for his exceptional leadership, his civic contributions and his outstanding efforts to continue to strengthen the outreach and services provided by the Alcohol, Drug and Mental Health Board of Franklin County. David is a great leader, a genuine person and a person of action, as evidenced by his strong and successful leadership in the passage of the levy to support ADAMH.”

Buckingham’s Stellar Performer Award recognizes business and community leaders exhibiting exemplary leadership in the cities where we have offices. Nominations for the award come from attorneys within Buckingham’s six offices, and the Board of Managers select the recipients. Buckingham typically honors one to three stellar performers each year in each of its six offices.

06-26-2007

Counsel Honored by Los Angeles County Bar Association
Bryan Cave LLP Counsel Samantha Goodman was honored as an Outstanding Young Lawyer Award Recipient at the Los Angeles County Bar Association, Real Property Section’s Ninth Annual Installation and Awards Dinner June 19.

In Goodman’s two years with Bryan Cave, she has been named one of The Southland’s Rising Young Stars Under 40 by Real Estate Southern California in 2005, and a Southern California Rising Star by Law and Politics and Los Angeles in 2005, 2006 and 2007.

Goodman concentrates her practice in real estate leasing in the commercial office, industrial and retail areas, representing both landlords and tenants. She also represents clients in the acquisition and sale of real property. She has worked on both a regional and nationwide basis with clients in the financial management, automotive financial services and residential mortgage lending industries. She also has represented major institutional landlords.

The Los Angeles County Bar Association was established in 1878 and has more than 25,000 members with 100 committees and sections. The Real Property Law Section was organized in 1979 and coordinates educational programs and literature for California’s real estate attorneys, and serves as a forum for information and networking within real property law. This year’s installation and awards dinner, held at the Riviera Country Club in Pacific Palisades, also acknowledged the outgoing and incoming Real Property Section Officers.

06-26-2007

New Partner Enhances Firm's Bankruptcy, Restructuring & Creditors' Right Group
Eric S. Prezant has joined the international law firm Bryan Cave LLP as a partner in its Chicago office. Prezant concentrates his practice on corporate reorganizations, creditors’ rights, bankruptcy and insolvency law.

Prezant has extensive experience representing secured creditors and large financial institutions on matters involving bankruptcies, distress situations and workouts. He has substantial experience in bankruptcy and creditors’ rights, bankruptcy litigation, corporate reorganization, health care finance and secured lending. Prezant’s experience also includes representing clients in purchasing and selling assets of distressed companies. He has represented a wide range of clients, including secured lenders, trustees, debtors, creditors committees and unsecured creditors in the healthcare, aircraft and manufacturing industries.

“Eric is a very important addition to the Chicago office,” said Jeffrey W. Morof, managing partner of the office. “As the Chicago office has grown from eight lawyers in 2004 to 47 lawyers, both the office and the firm’s Bankruptcy, Restructuring and Creditors’ Right Group have seen the need for an experienced bankruptcy lawyer in Chicago. Eric is well known to the firm’s attorneys, and we are very pleased that Eric has agreed to join us and lead and continue to build the Chicago office’s bankruptcy and restructuring practice.”

Prezant has lectured and published on a variety of bankruptcy-related topics and is a member of the American Bankruptcy Institute. He was recognized by The Deal as one of the Top Bankruptcy Lawyers in the United States in 2007.

Prezant received his J.D., cum laude, in 1997 from John Marshall Law School, his MBA in 1995 from Dominican University and his B.S. in 1992 from Florida State University.

06-26-2007

Partners Address Growing Mobile Financial Services Industry
Bryan Cave LLP New York Partner Judith Rinearson and DC Partner Carol Van Cleef will join industry leaders and an audience of delegates from around the world for M-Payments & M-Banking: The Rise Of Mobile Financial Services. Sponsored by The PELORUS Group, the financial services summit June 27-28 will outline changes that may be triggered as mobile financial services take hold.

Mobile payments and banking services quickly are becoming entrenched, and banks, retailers, credit card issuers and others can prepare for and capitalize on the phenomenon. Rinearson and Van Cleef will address the legal and financial challenges facing the mobile payments industry.

Their presentation will include discussion of how mobile payments currently are regulated (and unregulated), and their legal risks; how a payments provider can avoid liability if its system is used, even unwittingly, for money laundering or terrorist financing purposes; the opportunities for the industry to shape legislative dialogue and influence mobile payments development; and the 10 federal and state regulatory issues, including money transmitter licensing, that mobile payment providers should consider.

Other topics over the two days will cover how to jumpstart mobile payments at the merchant level; how to achieve mobile financial services profitability; using the cell phone as a financial, advertising and promotional tool; and how to deal with fraud and risk management in the mobile payments industry.

Attendees will include mobile payment providers, banking executives, credit card and debit card issuers, wireless information services providers, retail store operators and marketing executives, various financial institutions and representatives from federal regulatory agencies.

Rinearson is a recognized authority in the areas of payment systems, electronic payments, stored value, travelers checks and check processing. She has more than 18 years of experience in the financial services industry, particularly in the areas of non-bank money services and payment products. Rinearson formerly was group counsel for the American Express Global Travelers Cheque and Prepaid Service Group for more than 10 years. With her guidance, American Express launched a range of stored value cards and products, including phone cards, gift cards, mall cards and expense management cards. Her experience also encompasses smart cards, “virtual” and RFID (radio frequency ID) products. Rinearson is a frequent lecturer on stored value regulation and has published numerous articles. Her most recent article, “The Next New Thing: Mobile Payments,” was published in the June issue of the Journal of Payment Systems Law.

Van Cleef is at the forefront of both payments-related regulatory issues and anti-money laundering compliance. She works with clients to develop systems and procedures to minimize their risk of being used to launder money or finance terrorism. She has spent more than 20 years representing banks, money services businesses, insurance, telecommunications and other financial and nonfinancial services companies in regulatory, compliance and enforcement matters involving anti-money laundering, electronic payments and state money transmitter licensing and related regulatory issues. Van Cleef regularly counsels clients on compliance with the USA Patriot Act, the Bank Secrecy Act and Office of Foreign Asset Controls (OFAC) regulations as well as related privacy and data security issues. In addition, she assists clients in developing, reviewing and enhancing BSA, anti-money laundering and OFAC compliance programs while working with organizations to prepare for regulatory examinations, independent reviews and enforcement actions. A frequent speaker on these subjects, Van Cleef also just completed a comprehensive review of legal and regulatory considerations for NACHA’s White Paper on Best Practices for Wallk-In Bill Payments. She is the creator of a series of boot camps for AML professionals, including a prepaid card anti-money laundering compliance mini-bootcamp sponsored by the Conference of State Bank Supervisors.

06-26-2007

Supreme Court Ruling Favors States' Rights, Limits Scope of Endangered Species Act
A recent 5-4 Opinion, authored by Justice Alito, will impact the manner in which the Endangered Species Act is applied to a variety of competing obligations of federal agencies, applicants for certain federal permits and recipients of certain types of federal funding. In the Opinion, the Court adopted the approach advocated by the states, which reads the ESA in harmony with the Clean Water Act's mandate to transfer to the states permitting authority under the National Pollutant Discharge Elimination System.

Blackwell Sanders attorneys Tom Wilmoth and Don Blankenau represented a coalition of 12 states and the Commonwealth of Puerto Rico as friends of the court in the consolidated actions Environmental Protection Agency v. Defenders of Wildlife (No. 06-549) and National Association of Home Builders v. Defenders of Wildlife (No. 06-340) both decided June 25, 2007.

Environmental litigants had challenged the Environmental Protection Agency's decision to transfer authority to the State of Arizona to regulate water pollution under the Clean Water Act. The Ninth Circuit Court of Appeals agreed with those litigants that the Endangered Species Act imposed an additional criterion not articulated in the CWA's otherwise exclusive list of criteria for making such transfers.

In a reversal of the appellate court's decision, the Supreme Court agreed with the states' contention that, once the explicit requirements of the CWA are met, the Agency must transfer permitting authority to that State, and that the ESA does not alter that obligation.

Justice Alito explained: "This interpretation harmonizes the statutes by giving effect to the ESA's no-jeopardy mandate whenever an agency has discretion to do so, but not when the agency is forbidden from considering such extrastatutory factors."

1) Amicus states' brief in support of petition for certiorari;
2) Amicus states' brief on the merits; and
3) Supreme court opinion

Additional information about the Environment, Natural Resources and Water practice concentration is available in the "industries & practice" section.

06-26-2007

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