Law Firm News

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Law Firm News

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Pennington, Moore, Wilkinson, Bell & Dunbar P.A.

Supreme Court Rules Against Sales Tax on Services
Pennington Shareholders, Howard E. (Gene) Adams and Cynthia S. Tunnicliff were lead attorneys in the efforts on behalf of a coalition of Realtors, CPAs, Farm Bureau, Retail Federation, Florida Chamber of Commerce and others in agribusiness who have consistently opposed the sales tax being extended to services. The PRESS RELEASE that was issued on March 22, 2007 provides greater details on this and previous attempts to prevent sales tax on services. Pennington attorneys have been at the forefront of these efforts on behalf of the business community from day one.

03-23-2007

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Meyer, Suozzi, English & Klein P.C.

NO BLACK-AND-WHITE TO DIVERSITY IN LAW
Accounting and law firms are increasing efforts to recruit minority professionals, but the results have been mixed at best.

White-collar firms are recruiting at minority bar associations, offering mentoring to help existing minority employees rise through the ranks and creating positions for the sole purpose of promoting diversity.

"I think the firms are getting a lot more diverse in terms of who they're hiring," said Jamaican-born Simon Hector, a senior auditor at Weiser in Melville. Among those added to the ranks: "Asians, Indians, West Indians, African-Americans," he said.

But change is coming slowly - in some cases, too slowly. An American Institute of Certified Public Accountants study, for example, found that the number of black accountants nationwide is holding flat at about 3 percent.

Part of the problem is this: As some obstacles are overcome, new ones pop up.

In New York, for instance, firms are having problems attracting minorities because of new state mandates raising CPA requirements from 120 credit hours to 150 - adding to the cost of education and deterring minority candidates. Kaplan Mobray, who last year became Deloitte's U.S. diversity recruiting leader, cites the 150-hour rule as a particular challenge. Frank Ross, the first black partner in the Big Four (KPMG, in 1977) and director of the Center for Accounting Education at the School of Business at Howard University in Washington, considers it a major obstacle.

"There are a lot of black students coming out of accounting programs that are not taking the CPA exam," Ross said. "They have to decide, 'Do I get a master's degree and get additional credits, or do I get a job?'"

In addition to recruiting at historically black colleges and universities, Deloitte is touting accounting among minority populations at other colleges, as well as largely black high schools.

"We expose them to our profession," Mobray said. "That's the opportunity on the horizon today. "

A survey by the Greenbelt, Va.-based National Association of Black Accountants found that nearly half of all respondents felt they didn't have access to workplace social networks. Ross said mentoring helps, but barriers remain.

That lack of access to social networks is hampering black attorneys as well, but insiders say it's getting better.

"In today's practice, there are lots of people you can network with," said Lance D. Clarke, a Hempstead lawyer and president-elect of the Bar Association of Nassau County. "I can remember being the only African-American attorney sitting in the jury box waiting to have cases called. Today, that's different. "

The Washington-based National Bar Association, a group of black attorneys, includes 20,000 members; the Washington-based Hispanic National Bar Association boasts 33,000.

But while social networking aspects may be improving, high-profile minority attorneys often have little company at the top.

Basil Paterson is the only black partner - of 32 total partners - at Meyer, Suozzi, English & Klein in Garden City. The firm employs five black attorneys, out of 62, and one black lobbyist in Albany.

Meyer Suozzi Managing Attorney Lois Carter-Schlissel said Paterson, co-chairman of the firm's labor department, is a role model, and the firm hopes to promote other black partners.

"We would not conclude, because of Basil's leadership position in our firm, that our job of promoting diversity is done," she said. "But he does provide a very good example of an African-American lawyer achieving great success in the profession, and demonstrates the opportunity to be very successful in our law firm. "

Clarke, a village justice of Hempstead and the only elected judge in Nassau County, said more black people should be wearing judge's robes, but said it's up to minority attorneys to make that happen.

"Nobody just comes up to you and taps you on the shoulder and says, 'Gee, you should be a judge,'" he said. "Usually, the ones who are politically active get the opportunity to run.

03-23-2007

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Lieff, Cabraser, Heimann & Bernstein, L.L.P.

Nationwide Class Action Lawsuit Against ConAgra Foods, Inc., In Peanut Recall Expands With Filing Of Amended Complaint By 32 Consumers From 16 States
Plaintiffs’ counsel Kathryn E. Barnett announced today that 32 consumers, including the parents of nine children that became seriously ill after eating Peter Pan or Great Value peanut butter, spanning 16 states filed an amended class action complaint today against the international food conglomerate ConAgra Foods, Inc. The proposed class consists of all persons nationwide that contracted Salmonella Tennessee from eating ConAgra’s contaminated peanut butter, which was all manufactured and packaged in a single location -- ConAgra’s plant in Sylvester, Georgia.
"This case shows that the number of 425 persons made ill from eating Salmonella tainted peanut butter as reported by the Center for Diseases Control constitutes a gross underestimate," stated Kathryn Barnett of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP. "We believe thousands of consumers have been made sick over the past two years. Since the recall was announced in February, our law firm alone has been contacted by over a thousand persons that have reported symptoms of Salmonella poisoning, including fever, stomach cramps and severe diarrhea which in many cases required hospitalization."

The plaintiffs in the nationwide class action lawsuit reside in Albertville and Flomaton, Alabama; Cabot and Romance, Arkansas; Oakley, California; Manalapan, Palm City and Winter Garden, Florida; Chatsworth and Dalton, Georgia; Hymera, Indiana; Paducah, Kentucky; Lake Charles and Slidell, Louisiana; Holly Springs, Mississippi; Jackson, Ohio; Camden, Friendship and Nashville, Tennessee; Richmond, Texas; Manning and Newberry, South Carolina; Jackson, Ohio; Grandview, Washington; and Lenore, West Virginia. The case, entitled Ware v. ConAgra Foods, Inc., is before the Federal court in Rome, Georgia.

"My husband and I were terrified when our son became so sick. We called our pediatrician and raced to the Emergency Room with him,” stated plaintiff Kelli Hamman of Flomaton, Alabama. “I never dreamed it could have been caused by peanut butter. I don't understand why my son and other children had to suffer like this, and I hope ConAgra will take responsibility and answer to every family that has suffered."
Ms. Barnett advised consumers: "If you have suffered symptoms of contaminated peanut butter, do not discard the evidence; instead mark the peanut butter with 'Do Not Eat' or 'Contaminated' and make certain the jar is stored in a safe place that is beyond the reach of children. The peanut butter can be tested for the presence of Salmonella."

Representing the plaintiffs are Kathryn E. Barnett of the Nashville, Tennessee office of Lieff Cabraser Heimann & Bernstein, LLP; Clay Jenkins of Jenkins & Jenkins, PC, of Waxahachie, Texas; and Robert H. Smalley, III, of the Dalton, Georgia law firm of McCamy, Phillips, Tuggle & Fordham, LLP.

Consumers stricken by Salmonella poisoning who wish to learn more about the lawsuit and report their experiences to plaintiffs' counsel should visit http://www.personalinjurylawyeramerica.com or contact injury attorney Kathryn E. Barnett toll-free at 1-866-313-1973.

03-23-2007

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Hodes, Ulman, Pessin & Katz, P.A.

Carmela Bell, Adjunct Professor, Commercial Lease Analysis, JHU’s Carey School of Business
Carmela Bell, chair of HP&K’s Real Estate group, will be teaching Commercial Lease Analysis at the Johns Hopkins Carey School of Business (MS Real Estate program).

The course deals with analyzing the commercial lease from the developer/landlord perspective with an emphasis on preserving income stream.`

03-23-2007

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Hodes, Ulman, Pessin & Katz, P.A.

Vasilios Peros, Adjunct Professor, Legal Issues in Biotechnology, JHU’s Carey School of Business
Vasilios Peros, chair of HP&K’s Technology & Intellectual Property group, is teaching the Legal Issues In Biotechnology course in the MS/MBA In Biotechnology program at the Carey School of Business at The Johns Hopkins University.

This course deals with the business and legal issues of a small to mid-sized biotechnology business with a focus on intellectual property, licensing, tech transfer, corporate formation and financing issues.

03-23-2007

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Thompson & Knight LLP

T&K Attorney to Host Webinar on Environmental Reporting Issues
Thompson & Knight LLP Environmental Law Partner Scott D. Deatherage is conducting an online continuing legal education Web seminar - or "Webinar" - for in-house attorneys and outside counsel representing companies that face environmental disclosure requirements. "Environmental Disclosure Issues Related to Recent SEC Enforcement Activity and FAS 143/FIN 47" will take place at noon EST on April 5, 2007.

"Companies are facing many new environmental disclosure issues in today's regulatory environment," says Mr. Deatherage. "New accounting standards and the Securities and Exchange Commission's enforcements can be hard to navigate, and I hope to help attendees get a better grasp on how to effectively deal with environmental reporting issues."

Mr. Deatherage focuses his practice on permitting, compliance, administrative law, and judicial litigation in air emissions, wastewater discharges, hazardous waste, hazardous substances, and toxic substances. He represents clients before local, state, and federal environmental agencies and state and federal courts. Mr. Deatherage is experienced in drafting environmental disclosure statements for Securities and Exchange Commission documents and assessing the impact of the Sarbanes-Oxley Act on such disclosures. He authors the blog "Law and the Environment," where he publishes articles, commentary, and analysis of the ever evolving legal, policy, and practical developments in environmental law and environmental management, environmental corporate governance, and environmental financial disclosure. His blog also discusses how affected corporations as well as their management and directors are evolving to survive and prosper in this dynamic regulatory environment.

The webinar is sponsored by Andrews Publications, a Thomson West business, and is anticipating CLE approval from all states that accept telephone presentations for CLE credit.

03-23-2007

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Howrey, LLP

ETHAN E. LITWIN JOINS HOWREY’S NEW YORK OFFICE
"Howrey LLP has announced that competition specialist Ethan E. Litwin has joined its New York office as a partner in the Antitrust Group. Mr. Litwin joins from Simpson Thacher & Bartlett, where he focused on mergers and acquisitions, antitrust compliance and complex litigation out of that firm’s New York and London offices.

“ For many years, we have handled antitrust matters in New York from our Washington, DC office. We are pleased to be expanding our antitrust presence into our New York office, “Robert F. Ruyak, Chairman and CEO of Howrey said. “Ethan has the knowledge and energy to help us establish an antitrust practice in our New York office. Howrey has long been an international leader in antitrust/competition law and, strategically, it is time to extend that expertise to New York. Our office there has quickly established itself as a litigation presence. Ethan will add to the services we can offer our clients.”

Mr. Litwin regularly assists clients with complex antitrust and litigation issues, ranging from worldwide merger control compliance to regulatory investigations initiated by the Federal Trade Commission, the Antitrust Division of the Department of Justice, and the European Commission. At his former firm, Mr. Litwin helped launch its European litigation and antitrust practice and is a solicitor qualified by the Law Society of England and Wales in addition to being a member of the state and federal bars of New York. Mr. Litwin has written extensively on a wide range of topics in the antitrust field for a variety of US and European publications, and is a member of the American Bar Association’s Section of Antitrust Law and the International Bar Association.

Thomas Engel, Managing Partner of Howrey’s New York office, added, “We welcome Ethan to our ranks. His expertise and abilities help broaden the scope of service we can offer to clients. We have grown to more than 14 lawyers in New York in less than six months and will continue to seek out first rate talent, like Ethan Litwin."

03-23-2007

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