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Stoel Rives Principal James Zehren Named President-Elect of City Club
James Zehren, a principal in the law firm Stoel Rives LLP, is the new president-elect of the City Club of Portland. He will serve in that role for one year, after which he will become president of the organization. Zehren has been a City Club member since 1986. He previously chaired and participated in several of the Club’s research studies, chaired its Research Board and was a member of its Board of Governors.

Zehren is a real estate development attorney whose work focuses on construction and design law, including business transactions, preventive law and dispute resolution. His practice encompasses preparing and negotiating contract documents; licensing, registration and code compliance issues; and construction lien and bond claims. He is a frequent speaker and author on legal issues affecting project developers, owners and contractors. His writing has been featured in The Daily Journal of Commerce and other local and national publications.

Zehren has also been active in many other civic and governmental organizations, including the Oregon Business Association, Metro Policy Advisory Committee, Metro Greenspaces Policy Advisory Committee, Pioneer Courthouse Square of Portland, Portland Parks and Recreation Board, Livable Oregon, First Unitarian Church, City of Portland Growth Management Committee and Oregon Progress Board.

City Club of Portland is a nonprofit, nonpartisan civic organization dedicated to community service, public affairs and leadership development. Through weekly Friday Forums, citizen-based research reports, special programs and issue committees, the Club examines issues of importance to the Portland metropolitan region, the state and society as a whole.

06-15-2007

PHOENIX - Snell & Wilmer Attorneys Named Southwest Super Lawyers
Snell & Wilmer attorneys were named Southwest Super Lawyers by Law & Politics Magazine. Law & Politics performs the polling, research and selection of Super Lawyers in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Super Lawyers is a comprehensive and diverse listing of outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations. Only 5 percent of the lawyers in each state or region are named Super Lawyers.

Collectively, the Snell & Wilmer attorneys listed represent virtually every area of business and legal practice, including antitrust, business litigation, bankruptcy, banking, corporate, construction, employee benefits, health care, intellectual property, labor and employment, natural resources, real estate, securities tax, and trusts and estates.

06-15-2007

Kevin J. Moore - Eminent Domain Ruling Draws Reaction
Kevin Moore was interviewed for the June 15, 2007 GlobeSt.com article about the New Jersey Supreme Court’s decision to limit towns’ eminent domain powers. “The Court's decision puts developers in a brave new world,” says Moore. “Developers would be well-advised to do enhanced due diligence on procedural and substantive actions that a municipality took to declare an area ‘in need of redevelopment’ before they enter into redeveloper agreements.” He continues, “The potentially most far-reaching and disturbing aspect of the decision is the Court’s narrowing of the constitutional definition of blight. If the Court or lower courts apply this interpretation to the other redevelopment criteria in the future, there may be a substantial contraction in areas in which eminent domain, long-term tax exemptions and redevelopment area bond financing are available.”

06-15-2007

Schiff Hardin LLP Attorneys Marla Shade Harris and Tracy A. Campbell Elected to 2007-2008 Leadership Positions for the Black Women Lawyer's Association
Two Schiff Hardin attorneys were elected to leadership positions for the Black Women Lawyers’ Association (BWLA) for 2007-2008 on June 14, 2007. Marla Shade Harris will serve as the BWLA Board’s Recording Secretary and Tracy A. Campbell will be Chairwoman of the Scholarship Committee. Ms. Harris also received BWLA’s President’s Award in recognition of her extraordinary contributions to the organization during 2006-2007, when she served as a Board Member at Large and Scholarship Board Chairwoman. Also during 2006-2007, Ms. Campbell served on the Scholarship Board.

The BWLA is an organization in its third decade of service, and its purposes are to (1) identify and address issues and concerns unique to African-American women lawyers and judges; (2) improve the administration of justice by increasing the participation of African-American women and other minorities throughout the legal system, (3) advance civil and human rights. For more information, visit the BWLA web site at http://www.bwla.org/.

Ms. Harris is an associate who concentrates her practice in litigation, and Ms. Campbell is a partner who concentrates her practice in insurance.

06-15-2007

RDB Ranked as a Leading Insurance Law Firm by Chambers USA
Ross, Dixon & Bell, LLP is pleased to announce that the firm has been named a leading insurance law firm in the United States in the fifth edition of Chambers USA: America’s Leading Business Lawyers. Seven RDB attorneys were also honored by their peers and clients as leading lawyers in their respective fields.

Chambers USA recognized RDB's insurance practice for it's "size, depth of experience and quality of work product," with particular focus on D&O liability coverage matters, writing, and counseling. One client praised the firm's national insurance practice saying, "it's their business, and there's nobody better." Clients also acknowledged RDB for it "comprehensive service and the overall quality of its analysis," stating "it is better than anyone we know at tailoring its service to what the client wants."

Founding partner Gary Dixon, was touted as a "professional liability expert" with a reputation for being "a very level headed attorney who brings a sensible attitude to the table." Gary was recognized on a national level as well as in the District of Columbia as "the best in the business" of D&O liability insurance.

Also recognized for their insurance work were DC partners Jack Gerstein, John Duchelle, David Gische, and Wallace Christensen. Jack was praised for his work on the Congoleum coverage case and described as "a fabulous trial lawyer in every sense of the word." Wally Christensen also stood out as a nationally recognized trial lawyer "who's got some outstanding results for his clients" in both litigation and alternative dispute resolution matters. David Gische was said to be a "very strong" counselor on D&O litigation matters and one client said of John Duchelle's work in the same area, "there seems to be no case that is too complex that he cannot analyze and simplify, leading to favorable resolutions."

RDB's Orange County office was recognized by Chambers USA for its D&O liability and bad faith coverage capabilities with one client calling RDB "professional, responsive and proficient." Particularly noted was partner Terrence McInnis who one client described as "exceptionally competent," with "extraordinary writing and analytical skills."

San Diego partner Michael Whitton was singled out as an "outstanding transactional real estate attorney" who clients say "knows the law forwards and backwards."

The Chambers guides are highly respected around the world. The rankings in Chambers USA are based on in-depth interviews with attorneys, clients, and corporate counsel. The qualities on which rankings are assessed include technical legal ability, professional conduct, client service, commercial awareness/astuteness, diligence, commitment, and other qualities most valued by the client. Inclusion in the 2007 guide is based solely on the research done. This year over 14,000 interviews were conducted throughout the USA.

06-15-2007

Federal Judge Denies Class Certification in Key FACTA Suits
Los Angeles: In a key set of decisions this week, a federal judge in Los Angeles has denied class certification for three Fair and Accurate Credit Transactions Act (FACTA) lawsuits, including Taline Soualian v. International Coffee and Tea LLC (CV 07-502-RGK) in which Pillsbury Winthrop Shaw Pittman successfully represented the defendant. Pillsbury currently represents more than a dozen clients in FACTA-related matters.

Taken together, along with a May 25th decision on Spikings v. Cost Plus, Inc. (CV 06-8125-JFW) also denying class certification, the cases establish a precedent that could impact more than 200 lawsuits that have been filed in recent months alleging that retailers and restaurants provided too much information on customers’ credit card receipts in violation of the law.

Effective December 4, 2006, FACTA requires that retailers provide no more than the last five digits of the card number or the expiration date on any receipt provided to the cardholder at the point of the sale or transaction. Since that time, the plaintiffs’ bar has filed hundreds of suits seeking class status. If any retailer is found in willful violation of that rule, each class member would be eligible to receive between $100 and $1000 in statutory damages, which for larger retailers found to be in violation could cost tens of millions or even billions of dollars.

“The decisions this week are highly significant in that the court recognized that certifying class actions in these FACTA cases could result in serious financial hardship for the retailers, and makes no sense given that no harm has been done to the plaintiffs in terms of identity theft or any other damage,” says Robert Wallan, a partner with Pillsbury Winthrop Shaw Pittman in Los Angeles, who lead the defense team representing International Coffee and Tea. “These decisions reach a common sense result.”

In the Soualian suit, during a credit card transaction with one of the Defendant’s Coffee Bean stores, the Plaintiff received an electronically-printed receipt that contained the card’s expiration date. Plaintiff sought to certify the class of individuals who made purchases at the Defendant’s stores between December 24, 2006 and January 24, 2007, who also received receipts containing expiration dates.

U.S. District Judge R. Gary Klausner of the Central District of California found that due to the enormous damages requested and the lack of harm suffered by the plaintiffs, the plaintiffs failed to pass the superiority test which is required for class certification. In addition, the defendants investigated and removed expiration dates on credit card receipts as soon as they were made aware of the alleged technical violation.

“There is no evidence that any customer making a purchase from the Defendant’s stores…suffered any actual harm due to the inclusion of the expiration date on credit card and debit card receipts,” Judge Klausner wrote in his decision. “Furthermore, it appears virtually impossible for the inclusion of the expiration date on a credit card or debit card receipt to result in identity theft or any other actual harm…. Given the disproportionate consequences to Defendant’s business (if class was certified, statutory damages could be as high as $48 million), and the lack of any actual harm suffered by members of the potential class, the Court finds that Plaintiff fails to meet the superiority requirement.”

The judge also noted that he denied class because upon learning it was in technical violation of FACTA, International Coffee and Tea immediately investigated and rectified the situation, demonstrating good faith and no willful intent.

The other two FACTA cases in which Judge Klauser denied certification this week targeted Avis Rent A Car and clothing retailer Charlotte Russe.

06-15-2007

DaQuana L. Carter Elected President-Elect of the Barristers' Association of Philadelphia
DaQuana L. Carter, an associate with Pepper Hamilton LLP, has been elected president-elect of the Barristers’ Association of Philadelphia. The election was held during the Barristers’ Association’s meeting on June 13, 2007.

Ms. Carter, who has been a member of the Barristers’ Association since 2004 and served as treasurer for the past year, focuses her practice on the defense of pharmaceutical and medical device products liability litigation, and civil, criminal and regulatory representation for health care providers. She is a member of the Advisory Board of Women’s Way Young Women’s Initiative and secretary of Villanova University’s Minority Alumni Society Board.

Established in 1950, the Barristers’ Association of Philadelphia (www.phillybarristers.org) addresses the professional needs and development of African-American lawyers in Philadelphia and its surrounding counties through programs such as seminars, cultural events and publications. The Association also sponsors or participates in community outreach initiatives and career opportunities in the legal profession.

06-15-2007

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