Law Firm News

---

Law Firm News

Firm Name

News Title

News

News Date

25383 matches |  8506-8512 displayed

1  1216 1217 1218 1219 1220  3627

---

Gibson & Behman, P.C.

Gibson & Behman’s Burlington Office Obtains Successful Result for City of Springfield, MA Property Owner
Attorneys Brandon H. Moss, Thomas J. Holloway, and Arthur E. Maravelis of G&B’s Burlington Office recently obtained a successful result in which the Hampden County Superior Court declared that a trash fee established for Fiscal Year 2007 under Executive Order #8-11-04 amounted to an illegal tax, and for that reason was declared null and void. Under Executive Order #8-11-04, the Springfield Finance Control Board previously established a $90 per City-provided container trash fee for each residential and commercial property owner, with limited exemptions and discounts.

In addition to declaring that the Fiscal Year 2007 trash fee established under Executive Order #8-11-04 was illegal, the Court’s February 12, 2007, final judgment permanently enjoined the City of Springfield and the Springfield Finance Control Board from collecting any fee assessed pursuant to Executive Order #8-11-04. As a practical matter, the final judgment relieves Springfield property owners from what would have been an onerous, illegal tax for the collection of trash for Fiscal Year 2007. Further, the Court’s final judgment requires that any amounts previously paid by the City’s property owners either be refunded or applied to the new trash fee that was enacted for Fiscal Year 2008.

In October 2006, G&B’s Burlington Office filed suit on behalf of ten taxpayers, including State Representative Cheryl Coakley-Rivera, against the City of Springfield and Springfield Finance Control Board, contending that Executive Order #8-11-04 created an illegal tax for the collection of trash in contravention of the Massachusetts Constitution and the case of Emerson College v. Boston, 391 Mass. 415 (1984) and its progeny. Under Massachusetts law, municipalities are not specifically empowered to levy, assess or collect taxes such as for the so-called trash fee established by Executive Order #8-11-04. Of particular concern was that under the trash fee established by Executive Order #8-11-04: (1) the payer was not benefited in a manner not shared by other members of society; (2) the payer lacked the option of not utilizing the governmental service of non-bulky solid waste collection and thereby avoiding the charge; and (3) the trash fee was collected to generally raise revenues.

In November 2006, the Court issued a preliminary injunction that (1) prohibited the City of Springfield from collecting or attempting to collect the trash fee; (2) required the Springfield Finance Control Board to notify all individuals and entities charged the trash fee that the Executive Order was suspended and not to make payment unless a future court order was issued to the contrary; (3) preliminarily enjoined the City of Springfield from placing a lien on any property for failure to pay the trash fee; (4) required the City of Springfield to segregate and deposit any payments made thus far from the fee into an interest-bearing account; and (5) required the City Auditor to account for any payments received thus far from the trash fee and to provide a written accounting of the same to the court by December 4, 2006. After the Court issued its preliminary injunction, the Springfield Finance Control Board enacted a new trash fee for Fiscal Year 2008 that departed from the coercive provisions of Executive Order #8-11-04 that were deemed illegal by the Court in its decision to issue a preliminary injunction.

03-23-2007

---

Garrity, Graham, Favetta & Flinn, P.C.

U.S. judge blocks 1998 law criminalizing Web porn that reaches kids
A federal judge on Thursday dealt another blow to government efforts to control Internet pornography, striking down a 1998 U.S. law that makes it a crime for commercial Web site operators to let children access "harmful" material.

In the ruling, the judge said parents can protect their children through software filters and other less restrictive means that do not limit the rights of others to free speech.

"Perhaps we do the minors of this country harm if (free speech) protections, which they will with age inherit fully, are chipped away in the name of their protection," wrote Senior U.S. District Judge Lowell Reed Jr., who presided over a four-week trial last fall.

The law would have criminalized Web sites that allow children to access material deemed "harmful to minors" by "contemporary community standards." The sites would have been expected to require a credit card number or other proof of age. Penalties included a $50,000 (euro37,600) fine and up to six months in prison.

Sexual health sites, the online magazine Salon.com and other Web sites backed by the American Civil Liberties Union challenged the law. They argued that the Child Online Protection Act was unconstitutionally vague and would have had a chilling effect on speech.

The U.S. Supreme Court upheld a temporary injunction in 2004 on grounds the law was likely to be struck down and was perhaps outdated.

Technology experts said parents now have more serious concerns than Web sites with pornography. For instance, the threat of online predators has caused worries among parents whose children use social-networking sites such as News Corp.'s MySpace.

The case sparked a legal firestorm last year when Google challenged a Justice Department subpoena seeking information on what people search for online. Government lawyers had asked Google to turn over 1 million random Web addresses and a week's worth of Google search queries.

A judge sharply limited the scope of the subpoena, which Google had fought on trade secret, not privacy, grounds.

To defend the nine-year-old Child Online Protection Act, government lawyers attacked software filters as burdensome and less effective, even though they have previously defended their use in public schools and libraries.

"It is not reasonable for the government to expect all parents to shoulder the burden to cut off every possible source of adult content for their children, rather than the government's addressing the problem at its source," a government attorney, Peter D. Keisler, argued in a post-trial brief.

Critics of the law argued that filters work best because they let parents set limits based on their own values and their child's age.

The law addressed material accessed by children under 17, but applied only to content hosted in the United States.

The Web sites that challenged the law said fear of prosecution might lead them to shut down or move their operations offshore, beyond the reach of the U.S. law. They also said the Justice Department could do more to enforce obscenity laws already on the books.

The 1998 law followed Congress' unsuccessful 1996 effort to ban online pornography. The Supreme Court in 1997 deemed key portions of that law unconstitutional because it was too vague and trampled on adults' rights.

The newer law narrowed the restrictions to commercial Web sites and defined indecency more specifically.

In 2000, Congress passed a law requiring schools and libraries to use software filters if they receive certain federal funds. The high court upheld that law in 2003.

03-23-2007

---

Friedman Kaplan Seiler & Adelman LLP

Fishman Elected to Founding Board of Governors of Third Circuit Bar Association
FKSA partner Paul J. Fishman has been appointed as a founding member of the Board of Governors of the newly formed Third Circuit Bar Association. Founded by a dedicated group of appellate practitioners from within the Third Circuit, and modeled after similar associations in other circuits, the Association seeks to improve the quality of appellate practice within the Circuit, help develop rules of practice, promote events and educational programs, and facilitate bench-bar relations.

The Court has expressed its enthusiasm for the Association's formation. "We view the establishment of the Association as a very positive step forward in helping to promote excellence in federal appellate practice," commented Chief Judge Anthony J. Scirica. "The Court is committed to help the Association accomplish its mission. This is an idea whose time definitely has come." The Honorable D. Michael Fisher and the Honorable Thomas L. Ambro have enthusiastically agreed to serve as liaisons to the Association.

Court administrators also will be closely involved with the Association's work. Toby Slawsky, the Court's Circuit Executive, commented that her staff is especially appreciative of the lawyers' willingness to assist in organizing the programs and other aspects of the Judicial Conference. "We consider the Conference to be a premier event. The support from the Association will make it better still," she said.

The Association is open to all members of the Third Circuit bar, and application materials are available on the Court's website.

03-23-2007

---

Friedman Kaplan Seiler & Adelman LLP

FKSA Represents Polo Ralph Lauren in $600 Million Credit Facility
FKSA advised Polo Ralph Lauren Corporation (NYSE: RL) in connection with its $600 million revolving credit facility. FKSA partner Gregg S. Lerner and associate Asaf Reindel advised Polo in connection with the transaction.

Polo Ralph Lauren Corporation is a leader in the design, marketing and distribution of premium lifestyle products in four categories: apparel, home, accessories and fragrances.

03-23-2007

---

Morris, Manning & Martin, LLP

Morris, Manning & Martin’s Intellectual Property Group Ranked Among Top in the Nation
The March issue of Intellectual Property Today™ magazine ranks Atlanta-based Morris, Manning & Martin, LLP among the nation’s top 200 law firms for Intellectual Property. The ranking also shows that when compared to other top 200 firms, Morris, Manning & Martin’s IP group has the highest growth rate in the Southeast, and the third highest in the nation. The 120 patents the firm’s attorneys issued in 2006 represented Apr-07 172% growth over the previous year.

“Our IP group was a start-up practice less than ten years ago,” said Managing Partner Bob Saudek. “It is a great accomplishment to now be recognized among the top practices in the country.”

The March cover story ranks almost 400 firms by the amount of patent work performed over the past three years, as well as the rate of growth from 2005 to 2006. “It’s gratifying that our hard work for our clients has paid off with such a positive ranking among our peers,” said John Harris, a Partner in the firm’s Intellectual Property group.

“Based on what I’ve seen around the country during my 27 years of experience, I believe that our work quality is on par with the best.” “When you look at the Atlanta-based firms on the list, MMM ranking among the top five,” said Tim Xia, a Partner in the firm’s IP group. “This puts us well ahead of several larger firms, as well as notable boutique firms that specialize in IP, among the Atlanta-based firms.”

The firm’s Intellectual Property group has extensive experience counseling clients, preparing and prosecuting patent and trademark applications, rendering legal opinions, drafting and negotiating transactions, and litigating intellectual property disputes for clients in the U.S. and around the world. Representative technologies include computer software, telecommunications, network security, financial transaction and compliance systems, consumer and industrial electronics, mechanical equipment, manufacturing systems, business methods, construction products, optics, mechanical and electronic devices, nanotechnologies, liquid crystal display devices, MEMS devices, lasers, quantum spin devices, atomic force devices, semiconductor materials and devices, biotechnology, pharmaceutical and chemical compositions and processes, medical devices and many others.

Intellectual Property Today magazine focuses on legal issues in patent, trademark and copyright law. Its content is geared to patent attorneys and agents, professionals and executives. Features emphasize developments in cutting edge technology and their effect on intellectual property law practice.

03-22-2007

---

Wyrick Robbins Yates & Ponton LLP

Employment Issues in the Electronic Information Age
Wyrick Robbins attorneys L. Diane Tindall, Mary M. Williams and J. Kellam Warren have released the latest issue of The Resource, which is available for download. Click here.

Topics covered in this issue include:

Traditional Workplace Privacy and Security

Technology Issues in the Modern Workplace

Immediate Changes Your Company Should Make Because of New E-Discovery Rules

03-22-2007

---

Phillips Lytle, L.L.P.

PHILLIPS LYTLE PARTNER DAVID P. FLYNN ELECTED VICE CHAIRMAN OF THE AMHERST CHAMBER OF COMMERCE
David P. Flynn, a Partner with Phillips Lytle LLP, a full service law firm with statewide coverage, was elected Vice Chairman of the Amherst Chamber of Commerce. Apr-07 member of the board of directors for the past three years, Mr. Flynn is also chair of the Chamber’s Sustainable Amherst Initiative.

The Amherst Chamber of Commerce is a voluntary membership association made up of more than 2,000 members and over 1,700 businesses. The mission of the Chamber is to create a positive, economic, political and social climate in Amherst, thereby making it possible for members of the community to grow and prosper.

At Phillips Lytle, Mr. Flynn’s practice is concentrated in the areas of environmental law and energy. With respect to environmental law, he concentrates on regulatory compliance consultations and brownfield redevelopment. A member of the American, New York and Erie County Bar Associations, Mr. Flynn holds a J.D., cum laude, from University at Buffalo School of Law and a B.A. from University at Buffalo. In addition, he is a former board chair of the Amherst Conservation, Recreation and Parks Foundation and a member of The Council of the Burchfield-Penney Art Center.

03-22-2007

---

25383 matches |  8506-8512 displayed

1  1216 1217 1218 1219 1220  3627