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LOCKE LIDDELL & SAPP’S DAVID PATTON ELECTED TO STATE BAR’S ENERGY COUNCIL
David Patton, a Partner in Locke Liddell & Sapp’s Houston office and Co-Chair of the Firm’s Energy Group, has been elected to the Council of the Oil, Gas and Energy Resources Law Section of the State Bar of Texas. He will serve a three-year term, beginning in June.

The Oil, Gas and Energy Resources Law Section publishes a quarterly Section Report for all members, which includes virtually all oil and gas lawyers in Texas. The Section sponsors three major legal seminars each year, as well as other projects designed to serve its members and the Bar.

A graduate of the University of Houston Law Center with an undergraduate degree from the University of Texas, Patton has 30 years experience in various legal aspects of the oil and gas industry, including acquisitions and sales of assets or equity interests, drafting and negotiating leases, contracts, and agreements related to field, pipeline and plant operations. Listed in Chambers USA’s Leader Lawyers in America in Energy & Natural Resources, he has represented clients in connection with surface use conflicts, day to day exploration and development activities and the resolution of oil and gas disputes. In addition, he was lead attorney in approximately $2 billion in oil and gas property transactions in 2006. He is a frequent speaker on oil and gas issues.

04-06-2007

Eric L. Ison named Chair of Legal Aid Society’s 2007 Justice for All Campaign
Greenebaum Doll & McDonald PLLC and the Legal Aid Society have announced that Eric L. Ison, a Member in the firm’s Louisville office, has been named Chair of the Legal Aid Society’s 2007 Justice for All Campaign.

The Campaign’s 2007 fundraising goal is $300,000. Greenebaum has agreed to kick-off the Campaign with a $25,000 contribution. Proceeds from the Campaign will allow the Legal Aid Society to continue its mission to help low-income people resolve legal problems affecting their basic human needs and meet its commitment to securing justice, promoting economic and family stability, and reducing poverty in our community. Greenebaum associates have also supported the Campaign in previous years by providing 100% participation in contributions to the Campaign. Greenebaum was selected by the Legal Aid Society as the 2006 Law Firm of the Year in recognition of the financial and volunteer support given to the Legal Aid Society.

Greenebaum’s contribution to the Legal Aid Society is not limited to the Justice for All Campaign. Greenebaum will also sponsor the Society’s 2007 Brush, Bottle and Barrel of the Bluegrass Fundraising Event to be held on Friday, April 27, 2007 at Louisville Collegiate School. For more information or to purchase tickets to this fun filled event, visit the Legal Aid Society website at http://www.laslou.org.

Ison concentrates his practice in commercial litigation, in state and federal courts, at the trial and appellate levels. He has been selected for inclusion in Woodward/White’s The Best Lawyers in America® 2007 and Chambers USA America's Leading Lawyers for Business in the category of commercial litigation. He is the former Member-in-Charge of Greenebaum’s Louisville office and past Chair of the firm’s Litigation and Dispute Resolution Practice Group.

In addition to his other civic involvement, Ison is currently Chair of the Kentucky Board of Bar Examiners, and serves on the Boards of the Louisville Zoo Foundation, Spirit of Louisville, and the West End School. He received his undergraduate degree from the University of the South and law degree from the Vanderbilt School of Law.

04-06-2007

Steve Williams Joins Cohen Seglias Pallas Greenhall & Furman, PC
Steven M. Williams has joined Cohen, Seglias, Pallas, Greenhall & Furman as the resident partner in the firm’s Harrisburg office. Prior to joining Cohen Seglias, Mr. Williams was a shareholder in another Harrisburg firm and comes to us with 16 years of experience. He concentrates his practice in the areas of commercial and civil Litigation; real estate; landlord and tenant law; employment law; business and corporate law; construction law; and election law.

Mr. Williams is a graduate of Bloomsburg University of Pennsylvania and of the Dickinson School of Law of the Pennsylvania State University (Penn State).

04-06-2007

New law brings significant change to construction contracting
New legislation in Kentucky, the Fairness in Construction Act of 2007, makes certain construction contract provisions unenforceable, establishes prompt pay requirements and limits retainage. The Act, which becomes effective on July 1, 2007, will apply to construction contracts in both the public and private sectors (residential construction is excluded).

The new law benefits contractors and subcontractors because it prohibits no damage for delay clauses and advance waiver of mechanics' lien rights. Such clauses are now considered contrary to public policy, void and unenforceable. Clauses allowing liquidated damages and permitting limitations on delay damages are permissible.

The Act includes prompt pay provisions applicable to owners, contractors and subcontractors. Owners must pay undisputed amounts to contractors within 30 business days after receipt of payment application. Contractors must pay subcontractors within 15 business days after receipt of payment from the owner. Past due payments bear interest at 12% per annum.

The Act limits accrual of retainage. Ten percent is permissible until 50% of the project is completed; retainage thereafter is limited to 5%. When a project achieves substantial completion, retainage shall be released except for a sum equal to 200% of the owner?s reasonably estimated cost of uncompleted work and subject to an agreed schedule for completing the work. Contractors must likewise release subcontractor retainage within 15 days after the owner pays retainage. The statute defines "substantial completion" as "the point at which, as certified by the contracting entity, a project is at the level of completion, in strict compliance with the contract, where:

(a) necessary approval of public regulatory authorities has been given;

(b) the owner has received all required warranties and documentation; and

(c) the owner may enjoy beneficial use or occupancy and may use, operate and maintain the project in all respects for its intended purpose."

The Act modifies Kentucky's mechanics' lien statute. A contractor who obtains a judgment against a private landowner may file a mechanics' lien within 60 days after a judgment. (The Act is not clear about what happens if the judgment is not final and unappealable.) Unpaid subcontractors and suppliers on public projects will now have 60 days from last furnishing labor or materials or the date of substantial completion, whichever is later, to file a lien against the prime contractor?s project proceeds.

The legislation affirms the contractor's rights under the Kentucky Model Procurement Code to assert claims against the Kentucky Transportation Cabinet in court instead of through an administrative hearing. The Cabinet in recent years has tried to avoid court proceedings by promulgating dispute resolution regulations requiring an administrative hearing with limited judicial review. Section 2(2)(a) of the Act makes contract provisions extinguishing the right to resolve disputes through litigation in court unenforceable.

The legislation was backed by several construction industry groups, drew support across party lines and passed by wide margins in both houses of the General Assembly. Some opponents criticized the Act's application to private sector contracts and pointed to perceived ambiguities in portions of the text. While there is room for legitimate differences of opinion, there can be no doubt that construction contracting in Kentucky has significantly changed.

04-06-2007

Amy Cahill joins Stites & Harbison in Louisville
Stites & Harbison announced today that Amy Sullivan Cahill joined the firm in the Louisville, Ky., office.

Cahill is counsel and a member of the Intellectual Property & Technology Service Group. Her practice focus is intellectual property litigation.

Prior to joining the firm, Cahill was a senior associate, 2001 to 2007, with Oblon, Spivak, McClelland, Maier & Neustadt, P.C., of Alexandria, Va. From 2002 to 2005, she was an adjunct professor of advanced trademark law, appellate writing and legal drafting at George Mason University School of Law. Cahill was a litigation attorney from 1998 to 2000 with Thompson, Miller & Simpson, PLC, in Louisville, Ky. Before that, she clerked for Judge Henry R. Wilhoit, Jr., U.S. District Court for the Eastern District of Kentucky, for four years.

Cahill is admitted to practice in Virginia, Kentucky and the District of Columbia.

04-06-2007

Schottenstein Zox & Dunn Welcomes Avery to Real Estate and Land Use Practice
Schottenstein Zox & Dunn (SZD) is pleased to welcome the addition of Lesley R. Avery as Associate to the firm’s Real Estate and Land Use Practice Area.

Avery joins SZD from Ulmer & Berne, LLP, in Columbus and focuses her practice on the representation of clients in general business and real estate litigation, commercial leasing, real estate acquisition, title review, and environmental litigation and due diligence. Avery began her professional career as a clerk at Ulmer & Berne.

Within the community, Avery serves as a family advocate for Habitat for Humanity and was an interviewer for Mayor Coleman’s Attract & Retain Talent Initiative. She is also a member of Women Lawyers of Franklin County, the Ohio State Bar Association and the Columbus Bar Association where she serves as a LexisNexis Ohio Advisory Board member and as part of the New Lawyers Leadership Program.

After receiving her undergraduate degree from the University of Missouri-Columbia, magna cum laude, with honors, Avery completed her Juris Doctor at The Ohio State University Moritz College of Law.

04-06-2007

Columbus Leaders Converge to Discuss Israeli Opportunities
As part of Mayor Michael Coleman’s vision of taking advantage of business development opportunities in Israel, the City of Columbus, Columbus Chamber and Ohio Department of Development held an Israel Business Development Luncheon on Wednesday, March 21 at TechColumbus.

Sponsored also by Schottenstein Zox & Dunn Co., LPA, and Columbus Sister Cities International, Inc., the lunch gathering was attended by over 40 City and business leaders who conversed about Israeli product and technology innovations, Israeli companies looking for Columbus opportunities, and the Mayor’s desire to lead a business mission to Israel next year.

The City initiated this meeting in order to bring together leaders and businesses in the community that may be interested in helping central Ohio attract and partner with innovative Israeli companies.

04-06-2007

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