Law Firm News

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Pepper Hamilton, L.L.P.

Dusty Elias Kirk and Jennifer F. Shugars Elected to ACBA
Dusty Elias Kirk, a partner at Pepper Hamilton LLP and co-chair of the firm’s Real Estate Practice Group, was recently elected to the Allegheny County Bar Association’s (ACBA) Board of Governors.

Jennifer F. Shugars, an associate in Pepper’s Real Estate Practice Group, was elected council of the Young Lawyers and the Women in the Law Divisions.

Ms. Kirk concentrates her practice on all aspects of real estate development, with an emphasis on real estate litigation, including real estate tax assessment appeals, land use and zoning appeals, and eminent domain proceedings. Active in the community, Ms. Kirk is also a member of the board of directors of the Allegheny Regional Asset District Board. For the ACBA, she serves on the gender quality task force sub-committee, and is assistant treasurer of the Council for the Real Property Section. She is a member of the Women in the Profession Committee of the Pennsylvania Bar Association, and chair of the board of directors of Planned Parenthood of Western Pennsylvania; as well as nominating chair of the board of the Juvenile Diabetes Research Foundation of Western Pennsylvania.

Ms. Shugars concentrates her practice in real estate litigation, including tax assessment appeals, lease disputes and zoning issues. She also has represented a wide array of individual and corporate clients before state and federal courts in general commercial litigation, including antitrust and insurance coverage matters. Ms. Shugars is a member of the American Bar Association and the Pennsylvania Bar Association.

The ACBA (www.acba.org) is a professional organization with more than 6,500 member lawyers, judges, magisterial district justices, legal administrators and paralegals. Each year the ACBA conducts various projects that touch many aspects of the community and the legal profession. ACBA members work to improve the profession, the community in which they live and the administration of justice in society.

06-19-2007

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Pepper Hamilton, L.L.P.

With Legal Definition of Religion Evolving, It's More Challenging to Protect Civil Rights at Work
As the legal definition of religion continues to evolve, it’s becoming more challenging for employers to protect employees’ rights to be free from religious discrimination while at work, according to Pepper Hamilton LLP, a multi-practice law firm.

“The legal definition of religion is changing,” said Robert Ludolph, a partner with Pepper Hamilton LLP. “The U.S. Supreme Court has defined religion as ‘a sincere and meaningful belief which occupies, in the life of the possessor, a place parallel to that filled by God.’ Under this test, courts take a functional approach toward religion, and ask whether a belief ‘functions as’ religion in the life of employees.

“Under the Supreme Court’s test, a belief system does not require a concept of God, Supreme Being, or afterlife, or have to derive from any outside source. As a result, purely ‘moral and ethical beliefs’ can be considered religious, so long as they are held with strength of religious convictions,” Ludolph added.

Title VII of the U.S. Civil Rights Act of 1964 defines religion as all aspects of religious observance and practice, as well as belief. “It is wise to assume that any sincere belief system - no matter how political it may appear - can, and probably does, fall within the broad definition of religion,” Ludolph added.

Among the religions that employers may deem unconventional, but need to recognize, nonetheless, include:

* Wicca - the secretive and exclusive society of religious witchcraft

* Asatru - a religious movement that focuses on reviving the Norse paganism of the Viking Age

* Creationism - where followers interpret the Bible literally and believe that life, the Earth, humanity, and the universe, were created entirely by a God whose existence is presupposed.

With such a broad definition of religion, what’s an employer to do? “The short answer is: tread lightly,” said Ludolph.

In order for employees to successfully claim unfair treatment based on religious affiliation, they must establish that:

* They practice and/or are a member of a particular religion.

* They were qualified for their current or potential job.

* They were subject to adverse employment action.

* Similarly situated employees outside of their religious class were treated more favorably.

* Employers were aware of the employee’s religious beliefs and imposed an adverse employment action because of those beliefs.

“Employers are required to reasonably accommodate an employee’s religion,” Ludolph said. “Employers must prove that that they could not reasonably accommodate an employee’s religious beliefs without incurring undue hardship to the business.”

Additionally, employers must protect employees against unwelcome proselytizing and harassment by co-workers. “To hold an employer liable for harassment, employees must show that the employer knew, or should have known, of the harassment, and failed to take prompt and proper action to correct the problem.”

Among the cases that have been filed charging religious discrimination by employers are:

* A male truck driver, terminated after refusing an overnight run with a female driver, claimed such a working arrangement violated his belief that “the Bible commands that a Christian should avoid the appearance of evil.” A U.S. appeals court disagreed, however, finding that excluding the driver from such runs would constitute an undue hardship for the employer, since it would violate seniority provisions of the union’s collective bargaining agreement, as well as negatively impact the shift and job preferences of other employees.

* A Michigan agnostic claimed that his pay, job assignments, and promotions depended on attending his employer’s church of choice.

* A female employee accused her employer of creating a hostile work environment after she was frequently invited by her supervisor to attend his church so that “she may feel the altar call and be saved.” The supervisor also provided the plaintiff with a copy of the Bible and other religious materials, and placed a religious videotape entitled “Hell’s Fire and Heaven’s Gate” in with her training materials.

06-19-2007

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Nixon Peabody LLP

Chambers USA Gives High Marks to Nixon Peabody LLP; 11 Practice Areas and 30 Lawyers Recognized As Leaders
The following Nixon Peabody practices and attorneys are recognized by Chambers USA:
Nationally Ranked Practices

* Food & Beverages: Alcohol — National
* Franchising — National
* Insurance: Insurers Firms — National

State Practice Rankings

* Corporate/Commercial — New Hampshire
* Energy: Upstate New York — New York
* Environment — New York
* Health Care — Massachusetts & New York
* Insurance: Insurers Firms — California
* Litigation: General Commercial — New Hampshire
* Labor & Employment — Massachusetts, New York & Rhode Island
* Litigation: General Commercial — Rhode Island
* Media & Entertainment — District of Columbia

Attorneys Recognized as Leaders in their Field

* Philip M. Berkowitz — Labor & Employment, New York
* Mark N. Berman — Bankruptcy/Restructuring, Massachusetts
* Robert C. Bernius — Media & Entertainment, District of Columbia
* Jeffrey S. Brenner — Litigation: General Commercial, Rhode Island
* Richard M. Cogen — Energy: Upstate New York, New York
* Stacie B. Collier — Labor & Employment, Rhode Island
* Donald E. Dorfman — Insurance: Insurer Firms, California
* Kevin M. Fitzgerald — Litigation: General Commercial, New Hampshire
* Carolyn Jacoby Gabbay — Health Care, Massachusetts
* Andrew Gansberg — Energy: Upstate New York, New York
* John L. Greenthal — Environment, New York
* James C. Hood — Corporate/Commercial, New Hampshire
* Patricia J. Igoe — Corporate/Commercial: Banking & Finance, Rhode Island
* Charles P. Jacobs — Investment Funds: Private Equity, New York
* Andrew P. Loewinger — Franchising, National
* David A. Martland — Antitrust, Massachusetts
* Jean H. McCreary — Environment, New York
* Neal J. McNamara — Labor & Employment, Rhode Island
* Peter J. Millock — Health Care, New York
* Gary J. Oberstein — Labor & Employment, Massachusetts
* Andrew B. Prescott — Labor & Employment, Rhode Island
* Arthur L. Pressman — Franchising, National
* Susan S. Robfogel — Health Care, New York
* Regina S. Rockefeller — Health Care, Massachusetts
* Edward M. Rogers — Real Estate, District of Columbia
* Daniel W. Sklar — Corporate/Commercial, New Hampshire
* Philip B. Taub — Corporate/Commercial, New Hampshire
* Scott M. Turner — Environment, New York
* David A. Vicinanzo — Litigation: General Commercial, New Hampshire
* Debra D. Yogodzinski — Real Estate, District of Columbia

Chambers and Partners’ methodology and selection process is determined by the qualities most valued by the client which include legal ability, professional conduct, client service, commercial awareness, diligence, and commitment. The rankings and editorial comment about attorneys are independent.

06-19-2007

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Milbank, Tweed, Hadley & McCloy LLP

Carolyn C. Clark Named Life Member of The American Law Institute
The American Law Institute (“ALI”) designated attorney Carolyn C. Clark a Life Member of the ALI at its annual meeting held May 14 – 16, 2007, the international law firm Milbank, Tweed, Hadley & McCloy LLP announced today. Ms. Clark is one of 82 lawyers named Life Members in recognition of their twenty-five years of service as a member of the ALI. Ms. Clark is currently working on several ALI projects, including serving on the Members Consultative Group for the Principles of the Law of Nonprofit organizations, ALI’s initial attempt to identify the laws applicable to nonprofit organizations.

A consulting partner in Milbank’s Trusts & Estates Department, Ms. Clark has specialized for more than thirty-five years in advising philanthropists and international charitable organizations, estate planning and the administration of trusts and estates.

Ms. Clark lectures at the Columbia University School of Law and in the Masters Program in Arts Administration at Columbia University – Teachers College. She was recently elected an Academian of the International Academy of Trust and Estate Lawyers, and serves as a member of the Harvard Law School Fund Advisory Council and a Trustee of both the Milbank Memorial Fund and The Woodlawn Cemetery and on the Government Relations Committee of the Nonprofit Coordinating Committee. In addition, Ms. Clark was formerly involved in numerous other legal and philanthropic organizations including serving as the first woman president of the Harvard Law School Association; a fellow and Regent of the American College of Trust and Estate Council; a trustee of the ACTEC Foundation; chair of the Committee on Special Problems of Charitable Institutions, Section of Real Property, Probate and Trust Law, American Bar Association; and a member of the Subcommittee on Museums and Cultural Organizations, Tax Section, American Bar Association.

About ALI
Founded in 1923, the American Law Institute (“ALI”) has a membership consisting of judges, practicing lawyers and legal scholars from all areas of the United States as well as some foreign countries, selected on the basis of professional achievement and demonstrated interest in the improvement of the law. ALI, through a careful and deliberative process, drafts and then publishes various Restatements of the Law, model codes and legal studies to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice and to encourage and carry on scholarly and scientific legal work.

06-19-2007

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Maynard Cooper & Gale, P.C.

Maynard, Cooper & Gale Receives 2007 Alabama State Bar Pro Bono Award
The Alabama State Bar Association will award Maynard, Cooper & Gale, P.C. the 2007 Pro Bono Award at the Alabama State Bar Annual Meeting at the Grand Hotel in Point Clear Alabama July 18-21, 2007. The award is given annually to the firm which has shown the most support of pro bono legal services in Alabama. This is Maynard, Cooper’s second time to win this prestigious award in the last four years.

The Pro Bono Award recognizes Maynard, Cooper’s commitment to supporting pro bono legal services, enabling those less fortunate in Alabama to have access to quality legal representation. The Bar looks at the firm’s total number of pro bono hours, the impact of the pro bono work, successful recruitment of attorney pro bono registration and proven commitment to deliver quality legal services to the poor.

Mark Drew, Managing Partner at Maynard, Cooper stated, “We are very honored to receive this recognition; however, there are many other lawyers and law firms who fully give of their time on a regular basis, which is a very positive reflection on our profession as a whole.”

The Birmingham-based law firm of Maynard, Cooper & Gale, P.C., with over 170 attorneys, offers a full array of legal services to a broad and diverse client base consisting of Fortune 500 companies as well as closely held companies, partnerships, professional associations, charities and individuals.

Maynard, Cooper & Gale is Alabama’s only member of Lex Mundi, an international association of more than 140 widely recognized independent law firms, which by membership gives the firm access to high quality local legal expertise throughout the world. The firm is also Alabama’s only member of the Southern Law Network, a regional network of independent law firms.

06-19-2007

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Mayer Brown LLP

Mayer, Brown, Rowe and Maw Scores Major Supreme Court Victory in Landmark Antitrust Case
Mayer, Brown, Rowe & Maw LLP's appellate practice scored a major win for the financial services industry yesterday when the U.S. Supreme Court ruled that several major Wall Street firms are immune from a class-action lawsuit brought under federal antitrust laws over alleged conduct surrounding initial public offerings during the 1990s. The Court ruled 7-1 that federal securities regulations trump antitrust laws in weighing the activities of the Wall Street firms. The decision, in Credit Suisse Securities (USA) LLC v. Billing, No. 05-1157 (U.S.), is available here.

Writing for the majority, Justice Stephen Breyer said that securities laws precluded the possibility of an antitrust suit: "We must interpret the securities laws as implicitly precluding the application of the antitrust laws to the conduct alleged in this case." He added that the underwriting activities challenged in an antitrust suit filed against the firms are "central to proper functioning of well-regulated capital markets."

Stephen M. Shapiro, partner in Mayer, Brown, Rowe and Maw's Supreme Court and Appellate Litigation group, argued on behalf of Credit Suisse that the alleged conduct of underwriters during initial public offerings of stock was immune from private antitrust suits by investors because it was subject to expert SEC regulation and enforcement. He argued that private antitrust litigation would as a practical matter be "clearly incompatible" with the effective exercise of the SEC's authority.

The holding in Credit Suisse establishes clearer guidelines for the application of the implied antitrust immunity doctrine in the securities field, and clarifies that private antitrust lawsuits should not be allowed to discourage beneficial IPO activity.

This case was Mr. Shapiro's 25th argument before the Supreme Court. In recognition of his win, Shapiro was named "Lawyer of the Day" by WSJ.com's Law Blog. Law Blog's interview with Steve can be read here. Steve is also quoted in numerous articles discussing the Credit Suisse decision, including articles published in The New York Times, The Washington Post, and The Chicago Tribune.

The briefs filed by Mayer Brown on behalf of Credit Suisse are available here.

This is the third Supreme Court win for Mayer, Brown this Term. In February, the High Court handed down favorable decisions in Philip Morris USA v. Williams, one of the largest punitive damages cases in years, argued by Andy Frey; and Weyerhaeuser v. Ross Simmons, another antitrust case argued by Andy Pincus. Four separate Mayer Brown attorneys argued five cases in the Court this Term. Of the four cases decided so far, our clients' positions have prevailed in three. In addition, last week Mayer, Brown, Rowe and Maw was listed as the top firm for Supreme Court and appellate work both by Legal 500 and by Chambers USA. Chambers commented that the firm was "exceptionally strong across the board," and that the "50-strong star-studded group has taken its reputation in appellate matters to great heights." Chambers went on to say, "esteemed for their undisputed skill and drive, these lawyers really get to the nitty-gritty of a problem and add a touch of class to the proceedings." Legal 500 noted Mayer, Brown's frequent appearances before the Supreme Court - with a total of 196 cases, including nine in the three most recent terms.

"We are extremely proud of the success we've had in the Supreme Court this term. It's a true testament to the depth and breadth of the talented attorneys who make up our appellate practice," commented James D. Holzhauer, Chairman of Mayer, Brown, Rowe & Maw and a member of the Supreme Court and Appellate Litigation group. "I have had the pleasure of working with Steve Shapiro on many cases over the years. He is a truly spectacular lawyer who makes us all very proud. We appreciate the recognition from these prestigious publications and look forward to continuing to provide our clients with premier counsel and legal services."

06-19-2007

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Luce, Forward, Hamilton & Scripps, LLP

Luce Forward Strengthens California Real Estate Practice Group With Addition of Attorney Jeffrey A. Russell
Attorney Jeffrey A. Russell has joined Luce Forward's San Francisco office as an Associate in the firm’s growing Real Estate Practice Group. Russell’s background complements Luce Forward’s strategic statewide expansion following the recent addition of six new land use attorneys to the firm’s San Francisco office.

In his practice, Russell manages and coordinates entitlement processing and CEQA environmental review for prominent residential, commercial, and institutional development projects. He has advocated on behalf of clients before appointed and elected officials of public agencies including the California Coastal Commission and the Army Corps of Engineers. Russell’s practice also includes work in complex entitlement issues and land use due diligence.

“As our Land Use Group and real estate practice continues to develop statewide, we are proud to welcome Jeffrey to the firm,” said Robert J. Bell, Luce Forward’s Managing Partner. “We are confident that his expertise will contribute to the strength of our Real Estate Practice Group.”

Russell was previously an associate in the Land Use, Environmental & Natural Resources Group at Allen Matkins Leck Gamble Mallory & Natsis LLP in the firm’s San Diego office. He is a member of the State Bar Environmental Legislation Committee and is also a member of the Urban Land Institute’s Young Leaders Group.

“I was presented with an exceptional career opportunity, to join Luce Forward as it expands its San Francisco office and its California real estate practice,” said Russell. I look forward to contributing to the growth of the Land Use Group and working with its dynamic team of accomplished attorneys.”

Russell earned a Bachelor of Science degree from Cornell University and a Juris Doctor degree from the University of Southern California School of Law.

06-19-2007

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