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Former California Assemblywoman Fran Pavley Visits Sonnenschein to Discuss Global Climate Issues
Sonnenschein's Public Law & Policy Strategies Group welcomed former California Assemblywoman Fran Pavley to meet firm clients and friends at our Washington, D.C. office. Ms. Pavley is the author of AB 1493, California's landmark tailpipe emission reduction bill. She also is co-author of AB 32, California's far-reaching global warming legislation. AB 32, known as the "Global Warming Solutions Act of 2006," requires California to cut statewide global warming emissions to 1990 levels by 2020, a reduction of about 25 percent from current projections.

During her visit to Sonnenschein, Ms. Pavley offered wide-ranging insights on the ongoing interaction between the federal and state governments on global climate issues. Now that the Supreme Court has made clear that the U.S. Environmental Protection Agency has authority to regulate greenhouse gas emissions (GHG) under the federal Clean Air Act, the door has opened somewhat to a greater potential for federal/state cooperation on climate change. At the same time, states like California are unlikely to slow down in their own regulatory and policy efforts, including the establishment of caps on statewide and regional GHG emissions and other measures.

04-12-2007

Bob Starzel Returns to HRO
Holme Roberts & Owen LLP (HRO) announces that Bob Starzel has returned to its San Francisco office after accumulating 30 years of business experience that includes executive management in real estate, investments and securities, natural resources, railroads, and a newspaper.

Mr. Starzel began his legal career in HRO’s Denver office in 1971. He is a member of the Colorado Bar and has applied for admission to the California Bar. After 20 years of association with The Anschutz Corporation, where he served as vice president and director, he served as vice chairman of Southern Pacific Transportation Company. Following a merger, Mr. Starzel became senior vice president for Union Pacific Corporation. He retired as chairman of SF Newspaper Company, owner of the San Francisco Examiner.

Mr. Starzel will offer clients two new and unique services. As an advocate for clients within the firm, he will utilize his legal knowledge and business experience to analyze issues, resolve problems, and provide efficient, effective legal services. After many years as a client, he will represent HRO clients who request him to streamline, manage, or even expedite, their legal issues, a specialty not generally available in law firms. “This will fit naturally with HRO’s cultural focus on listening to the needs of clients,” Starzel said.

Mr. Starzel's other area of service involves acting as a neutral party or negotiations advisor for business transactions of all sorts. As a business executive, his specialty was successfully concluding scores of large-scale transactions involving billions of dollars. To revive faltering transactions or costly delays, he developed strategies and tactics to return parties to the negotiating table with focus and purpose. He will be available to act either as an advisor for clients or as a neutral for all parties whose negotiations need to be expedited or energized. This practical and unique service will be available for business transactions, personal agreements, and settlements.

04-12-2007

HALL ESTILL ATTORNEY CONTRIBUTES TO PREMIER PUBLICATION
Trent A. Gudgel, attorney and shareholder at Hall Estill is a contributing author to the recently released book Inside the Minds: Construction Law Client Strategies, published by Aspatore Books. His contribution is a chapter titled “Building Successful Client Relationships.” The book is an authoritative, insider’s perspective on the best strategies for interacting with clients in the area of construction and is written by top lawyers from some of the nation’s leading firms. Inclusion in the book is recognition of Gudgel as a leader in Contract Law.

Mr. Gudgel received a B.B.A and M.B.A. from the University of Oklahoma and his J.D. from the University of Oklahoma College of Law. He has been a speaker on the subject of Construction Law for various educational forums and is an individually AVrated attorney through Martindale-Hubbell.

04-12-2007

Court Recognizes Pennsylvania Voters’ Right to Reliable, Secure Voting Machines
A Pennsylvania court held late today that voters have a right under the commonweath’s constitution to reliable and secure voting systems and can challenge the use of electronic voting machines “that provide no way for Electors to know whether their votes will be recognized” through voter verification or independent audit.

The ruling by the Commonweath Court allows the continuation of a suit filed last year by 26 individual Pennsylvania voters against the Secretary of State that challenged the certification of Direct Electronic Voting systems (DREs) used in 56 counties across the state.

“This is a great victory for Pennsylvania voters,” said Mary Kohart, a partner at Drinker Biddle & Reath LLP, one of the lawyers representing the group of voters. The case, which ultimately seeks the decertification of the DREs, was also brought by the Public Interest Law Center of Philadelphia (PILCOP) and Chester County attorney Marian K. Schneider.

The 4-3 decision was sharply critical of the Pennsylvania Secretary of State’s actions in certifying the DREs. Judge Rochelle Friedman, who authored the majority opinion, noted the certification was the result of “deficient examination criteria” which “do not approximate those that are customary in the information technology industry for systems that require a high level of security.”

“Because Electors have no way of knowing whether their votes will be honestly counted by DREs that are not reliable or secure and that provide no means for vote verification or vote audit,” the voters sufficiently raised a violation of the Pennsylvania constitution in their suit, the court declared.

“Across the country, both state legislatures and Congress are realizing that DRE voting systems cannot be trusted,” said Michael Churchill, a lawyer with PILCOP. “More and more states are requiring optical scan paper ballots that voters mark directly or through a ballot-marking device.”

Procedurally, the court’s decision overruled the Secretary of State’s 16 preliminary objections against the voter’s August 2006 complaint. The objections claimed that the voters had no legal right to proceed with their case and no legal right to obtain the relief that they sought.

In the voters’ complaint, they alleged that the DREs failed during elections in Pennsylvania and in other states by losing votes, registering votes for one candidate when the voter was attempting to vote for another candidate; causing high “undervote” rates; failing to register votes when the ballot contained only one question; counting votes twice; failing to print “zero tapes” to demonstrate that no lawful votes were stored on the machine prior to the election; printing “zero tapes” after votes had been cases; reporting phantom votes and other irregularities.

Schneider noted that last fall’s elections across the country showed the unreliability of the machines. “The 2006 elections demonstrated that DREs repeatedly failed by breaking down, switching votes, losing votes and not providing the security necessary for a functional democracy,” she said.

Holly Jacobson, co-director at Voter Action, noted that good alternatives exist to the unreliable electronic voting machines: “Paper balloting, with ballot marking devices for the disabled, is a more secure and accountable option, which is why states like Michigan and New Mexico and others, in addition to hundreds of counties around the country, switched in time for last November’s elections.”

Kohart noted that in light of today’s court ruling so clearly establishing the law, “We hope that the Secretary will think about a quick settlement of this case.

04-12-2007

Wiley Rein Partners Named “Legal Eagles” by Franchise Times
Wiley Rein franchise partners Peter J. Klarfeld and Marisa D. Faunce have been named as “Legal Eagles” by industry publication Franchise Times. In recognizing those it calls the “best of the best,” the magazine sought out “rainmakers, the go-to lawyers, the ethical problem solvers who are respected by their peers, adversaries and clients alike.” The honor is highly selective; Franchise Times received a record number of peer and client nominations in 2007.

Mr. Klarfeld, who is receiving this recognition for the fourth year in a row, has extensive trial and appellate experience and a record for success in franchise litigation and arbitration. He has served as lead counsel for some of America’s largest franchisors in some of their most important franchise cases.

Ms. Faunce, also a previous honoree, counsels franchisors, licensors and manufacturers on transactional, regulatory and intellectual property issues involved in developing and growing franchise programs. She combines trademark expertise with particular experience in challenging franchise transactions and compliance issues.

Wiley Rein’s 17-attorney Franchise Practice provides a full range of legal services to meet the unique needs of franchisors. Equally divided between litigators and transactional/counseling attorneys, the group works with a wide range of service and retail industries through all elements of the franchise process.

04-12-2007

WHITEFORD, TAYLOR & PRESTON WELCOMES ITS 2007 SUMMER ASSOCIATES
We are delighted to welcome the following summer associates to our 2007 Summer Class:

* Lyndsey E. Beidle - University of Baltimore School of Law
* Kiran Brar - Michigan State University College of Law
* Cara Chasney - University of Maryland School of Law
* Jeremiah J. Kelly - University of Maryland School of Law
* Peter Sheehan - University of Baltimore School of Law
* Radiance A. Walters - University of Maryland School of Law
* Adam J. Weaver - The Catholic University of America

04-12-2007

EHLER NAMED TO PUBLIC EXPENDITURE COUNCIL BOARD
Columbus attorney Anthony L. Ehler was named to the board of directors of the Ohio Public Expenditure Council, in an announcement made today by Council President Rick Yocum.

Ehler, who is a partner in the law firm of Vorys, Sater, Seymour and Pease LLP, specializes in state and local tax planning, as well as tax litigation. He is widely recognized for his expertise in the areas of sales and use taxes, motor vehicle fuel taxation and personal property tax practices. In addition, he is also a registered lobbyist in Ohio.

“We are pleased to have Mr. Ehler join the board of our organization,” Yocum said. “His expertise will provide valuable insight to the organization and its leadership.”

Ehler has authored articles in Ohio Tax Review, published by the graduate tax program of Capital University, and has been a guest lecturer on state and local tax topics for the Institute for Professionals in Taxation. He is a graduate of the University of Notre Dame and completed his law studies at Wake Forest University School of Law.

The Ohio Public Expenditure Council is celebrating its 66th year as a nonpartisan source of budget and tax information for business and governmental leaders throughout the state.

04-12-2007

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