Law Firm News

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Law Firm News

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McCarter & English, Attorneys At Law

Change In Legal Climate: Newark Star-Ledger Features M&E Practice Area
The business case for the development of renewable energy projects, from biodiesel and ethanol to wind, solar, and distributed generation, is more compelling than ever as tax and regulatory incentives combine to attract investments. Emerging issues in environmental law and increasingly recognized principles of corporate social responsibility are encouraging public companies to voluntarily reduce greenhouse gas emissions, install clean energy alternatives, and invest overseas in projects under the Kyoto Protocol to respond to climate change concerns.

Our attorneys assist clients in developing and understanding industry-specific strategies for mitigating emissions of carbon dioxide, participating in voluntary emerging carbon-trading markets, assessing whether insurance policies cover errors and omissions related to climate change disclosures, building with "green" materials, and siting clean energy facilities. We work with major wind, hydro, and geothermal power developers to quantify and qualify renewable energy credits and greenhouse gas emission reductions, and draft contracts and contractual provisions related
to ownership rights and sale of these credits.

Our experienced team draws from the firm’s energy and utilities, environmental, tax, real estate, insurance coverage, litigation, and intellectual property lawyers to address the myriad legal needs of our clients. Members of our team are leading members of American Bar Association committees that focus on climate change and have participated on national and international panels that are educating lawyers in this emerging area of the law.

04-19-2007

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Hangley Aronchick Segal & Pudlin

Wendy Beetlestone's Article on No Child Left Behind Act Published in West's Education Law Reporter
Wendy Beetlestone, an education law and litigation shareholder, at Hangley Aronchick Segal & Pudlin authored a commentary entitled: “NO CHILD LEFT BEHIND’S ACCOUNTABILITY AND ACCESS PROVISIONS: AN INHERENT TENSION WITHIN SUPPLEMENTAL EDUCATIONAL SERVICES PROGRAMS” to be published in the April 19, 2007 issue of the West’s Education Law Reporter. Owen Lipsett, a summer associate, was a contributing author.

West’s Education Law Reporter is the pre-eminent education law review in the country.

Ms. Beetlestone concentrates her practice in commercial litigation and has developed a practice serving education clients. Prior to joining Hangley Aronchick Segal & Pudlin, she was General Counsel of the School District of Philadelphia. Ms. Beetlestone recently made a presentation regarding the No Child Left Behind Act at the Education Law Association’s 52nd Annual Conference. Ms. Beetlestone graduated from the University of Pennsylvania Law School in 1993 where she served as Articles Editor of the Law Review from 1992-1993 and the Associate Editor from 1991-1992. She received her B.A. with honors from Liverpool University in 1984.

04-19-2007

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Graydon Head & Ritchey LLP

Lasher Recipient of University of Cincinnati Alumni Achievement Award
Graydon Head & Ritchey LLP associate Katherine M. Lasher has been named the recipient of the 2007 Nicholas Longworth, III, Alumni Achievement Award by the University of Cincinnati College of Law.

The Award is given annually to recognize graduates of the College of Law for outstanding contributions in a wide range of endeavors, which may include private law practice, internal corporate legal counsel, education or scholarly works, public or community service, and business or industry achievement. The award is named in honor of Nicholas Longworth, III, a distinguished graduate of the College of Law, who served as representative to the U.S. Congress from the First District of Ohio for 26 years, and was speaker of the U.S. House of Representatives from 1925 until 1931.

Lasher is an active member of the Cincinnati Bar Association (CBA), where she serves as Chair of the Young Lawyer’s Section. In her capacity as Chair, Lasher serves on the CBA YLS Board of Directors, as a Trustee of the CBA Board of Trustees, and as a Trustee of the Cincinnati Bar Foundation. She is an instructor for the CBA, the University of Cincinnati, where she teaches Street Law and Law and Film, and the National Judicial College on the issue of Law and Pop Culture. Additionally, Lasher serves as the Cincinnati liaison of the Young Lawyer’s Division of the American Immigration Lawyers Association. She is also Chair of the Firm’s Community Service Team and member of the Firm’s Women’s Professional Development Group.

04-19-2007

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Graves, Dougherty, Hearon & Moody, P.C.

Drew Harris to speak at Nanotechnology Colloquium, April 30, 2007
Abstract: Carbon nanotubes could be used in products across several different industries ranging from electronics to materials to health care. Because of their enormous commercial potential, universities, start-ups, and corporations have aggressively sought patent protection on nanotube-based products. In this presentation, IP attorney Drew Harris lays out carbon nanotube patent landscape, identifying key building block patents and summarizing potential arguments as to why some of these patents may be invalid. He will review some prior art from the 1970s and 1980s that could potentially be used to invalidate certain nanotube patents, and will discuss nanotechnology patent infringement actions currently being litigated. This presentation is based on the author's article, "The Carbon Nanotube Patent Landscape", which is available at www.nanolabweb.com or at Westlaw cite: 3 Nanotechnology L. & Bus. 427.

04-19-2007

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Fraser, Stryker, Meusey, Olson, Boyer & Bloch, P.C.

Nebraska Unicameral Clarifies Vacation and Commission Payout Issues
We addressed confusion caused by the decision of the Nebraska Supreme Court in Roseland v. Strategic Staff Management. This year, several bills were introduced in the Nebraska Legislature in an attempt to resolve issues relating to paid leave and to change the treatment of commissions under the Nebraska Wage Payment and Collection Act ("Wage Act").

On March 30, 2007, the Legislature passed LB 255, which, by amendment, had become an accumulation of several bills. In addition to addressing the vacation issues, LB 255 also attempts to correct a problem created by language added to the Wage Act in 1989, defining under what circumstances commissions must be paid as part of final wages. LB 255 was signed by the Governor on April 2, 2007.

VACATION, PAID LEAVE, ETC.

In order to deal with the uncertainty created by Roseland, and especially the uncertainty dealing with employee leave other than vacation, the Legislature added the following language to the Wage Act:

Paid leave, other than earned but unused vacation leave, provided as a fringe benefit by the employer shall not be included in the wages due and payable at the time of separation, unless the employer and the employee or the employee and the collective-bargaining representative have specifically agreed otherwise.

Neb. Rev. Stat. § 48-1229(4).

The language clearly differentiates between "earned but unused vacation leave" and "paid leave," and removes any concern regarding payment of sick leave and other similar types of leave. In other words, such sick leave policies may allow benefits to be carried over from year to year without fear that they must be carried as a liability on the balance sheet and that, upon leaving employment, a large accumulated amount would be payable to a departing employee. This obviously assumes that your written policy does not provide that such unused leave will be paid out in whole or in part at year's end or upon termination.

The effect of the language "earned but unused vacation leave" on traditional vacation policies is not clear. For example, it is unclear whether language such as "available for use" or "not earned until used" will affect whether such benefits are earned and payable. In addition, the statute does not deal with the issue of "use it or lose it" policies.

Interestingly, the statute seems to leave open the possibility that if a policy designates all leave as paid time off (PTO) rather than vacation leave, an employer may not have to pay out accrued or earned and unused amounts upon termination. This argument is supported by the original statement of purpose in the Legislative history as communicated by Senator Rogert, the introducer of LB 255. Senator Rogert stated: "the amended language reflects the act's recognition that employees and employers are generally free to agree upon the terms they choose with respect to compensation." He continued: "The proposed language will afford employees and employers the opportunity to stipulate how accrued but unused PTO will be treated and under what conditions it will be paid." In later debate, Senator Cornett, Chair of the Business and Labor Committee, stated:

The committee felt that it was appropriate to address sick leave; however, there are numerous other types of paid leave, such as bereavement leave and paid time off, or PTO. By using the term "paid leave" it is our intention that any type of paid leave other than vacation leave does not have to be paid out at the time of separation unless otherwise bargained.

Therefore, it appears that an argument can be made that PTO policies, even to the extent that they "look like" vacation policies, do not require payment to the employee upon termination.

COMMISSIONS

Perhaps the best news out of LB 255 comes for those clients who utilize a commission-based pay system. Previously, the Wage Act defined final wages to include "commission on all orders delivered and all orders on file with the employer at the time of termination . . . ." The Nebraska Supreme Court held that this language meant what it stated, irrespective of the commission policy contract to which the employee agreed, and led to the harsh result of having to immediately pay commissions on booked orders that had not yet been paid for, and on orders that are later canceled.

The new commission language contained within LB 255 states as follows:

Unless the employer and employee have specifically agreed otherwise through a contract effective at the commencement of employment or at least ninety days prior to separation, whichever is later, wages includes commissions on all orders delivered and all orders on file with the employer at the time of separation [of employment less any orders returned or canceled at the time the suit is filed].

Neb. Rev. Stat. § 48-1229(4). This new language continues:

Whenever an employer separates an employee from the payroll, the unpaid wages constituting commissions shall become due on the next regular pay day following the employer's receipt of payment for the goods or services from the customer from which the commission was generated. The employer shall provide an employee with a periodic accounting of outstanding commissions until all commissions have been paid or the orders have been returned or canceled by the customer.

We believe these changes indicate that an employer and an employee can agree to specific conditions regarding the payment of commissions, as long as that agreement is made at the commencement of employment or at least ninety (90) days prior to the employee's separation from employment. Although not absolutely clear, these conditions might include an agreement that commissions will not be earned on sales paid for by the customer after the date of termination.

We view these changes as good news for employers on the issue of vacation and other forms of leave, as well as the issue of commissions. We will be discussing the changes in more detail at our Client Labor Conference on May 24, 2007, at the Omaha Downtown Hilton, so bring your questions. In the meantime, if you have immediate questions, please call George Rozmarin, Bob Rossiter, or Roger Shiffermiller.

04-19-2007

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Bingham McCutchen, LLP

Bingham McCutchen LLP wins global Insolvency & Restructuring Law Firm of the Year award for the second year running
Bingham McCutchen LLP has been named global Insolvency & Restructuring Law Firm of the Year 2007 in the Who’s Who Legal Awards. This is the second time the firm has been recognised in this way, having also won the award last year.
With the benefit of more than ten years of independent research, Who’s Who Legal used the thousands of nominations it has received from clients and private practice professionals to pick out the pre-eminent lawyer and firm in 27 practice areas. The winners were formally announced in The International Who’s Who of Business Lawyers 2007, a compendium edition of all the individual Who’s Who Legal publications which was released in April.
Editor in chief Callum Campbell said: “It is an outstanding achievement to win the Who’s Who Legal; The International Who’s Who of Business Lawyers Insolvency & Restructuring Law Firm of the Year Award for a second time. Bingham McCutchen’s continuing success demonstrates its consistent and unparalleled level of individual and collective talent in this field. We have no hesitation in declaring Bingham McCutchen LLP the world’s leading firm for Insolvency & Restructuring expertise.”
Who’s Who Legal lists only the leading practitioners in each field, based exclusively on the findings of a six month independent research process. Five partners from the firm across three countries and two US states received sufficient nominations from their clients and peers to be included in the Insolvency & Restructuring chapter of the publication. In addition, New York partner Tina Brozman features among the most highly regarded individuals in the research overall.
In addition to Brozman, Hartford partner Michael Reilly, London partners James Roome and Barry Russell, and Tokyo partner Hideyuki Sakai were featured in the Insolvency & Restructuring chapter of The International Who’s Who of Business Lawyers 2007.
The awards are based on a number of factors, including the feedback received in the ongoing research process, past performance in the research and the overall aggregate number of weighted votes cast in their favour. In addition to identifying the leading firm and individual in each practice area, the awards also recognise the overall leading firm in 48 countries and five US states. The book is distributed free of charge to thousands of corporate counsel and private-practice lawyers from around the world. The information is also available without charge on www.WhosWhoLegal.com and is updated on a daily basis.
In 2006, Who’s Who Legal’s parent company Law Business Research was recognised by The Queen’s Awards for Enterprise in the area of international trade, having demonstrated significant growth in overseas earnings and commercial success. These awards are the most prestigious a British company can receive, and are made annually by the Queen on the advice of the Prime Minister, assisted by an advisory committee drawn from government, industry and commerce and the trade unions. In addition, Who’s Who Legal is also the official research partner of the International Bar Association.

04-19-2007

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Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Attorney Finds Success at Baker Donelson After 'Insanity' Moment at 35 Led to New Start
John B. Burns is one of five attorneys who earlier this year were named shareholders in the Memphis office of Baker, Donelson, Bearman, Caldwell & Berkowitz PC. He joined Mark A.B. Carlson, Leigh M. Chiles, Angie C. Davis and Clinton J. Simpson in the distinction.

In 2000, when he was 35 years old, Burns quit his job as a staff attorney to the Tennessee Court of Appeals in Jackson to go to tax school at the University of Florida, where he graduated in 2001 with a master of laws degree in tax law. He said it was one of the scariest things he has ever done, but it didn't stop him from following through with the decision, as Burns now focuses his practice in the area of tax law.

He graduated cum laude from the University of Mississippi in 1986 with a bachelor of arts degree in classics and from its law school in 1990.

Before joining Baker Donelson in 2001, Burns served the Tennessee Court of Appeals in Jackson from 1993 to 2000, where he managed all appeals to the court. In addition to his tax law experience, Burns also served on the Florida Tax Review.

04-19-2007

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