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Sheehan, Phinney, Bass & Green, P.A.

ATTORNEY WILLIAM DONOVAN APPOINTED TO UNITED WAY CABINET
William Donovan, a shareholder at Sheehan Phinney Bass + Green, was appointed to the 2007 United Way Campaign Cabinet.

Bill was Sheehan Phinney’s president and managing director until January 1, 2006. He has been a member of Sheehan Phinney since 1972 and presently concentrates his practice in the areas of municipal tax abatement and permitting. He has an active transactional and litigation practice with particular emphasis upon the real estate development and healthcare fields. He is frequently asked to contribute articles on emerging healthcare and municipal regulatory law topics by trade publications.

Donovan has a history of community involvement. He served on the School Board in the Town of Amherst, NH, and has maintained long-time commitments to several other local organizations participating, in particular, on the Amherst Recreation Commission and on the Amherst Historic District Commission.

The United Way Community Campaign is an annual event in which people rally together to raise awareness and funds for United Way charities. The United Way has been helping throughout the US for over 100 years. Today, they band together members of various communities to help individuals and families through difficult times.

03-21-2007

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Pierce & Atwood, L.L.P.

New National Poll Shows Workplace Abuse Highest in Northeast
A new national poll reveals that America’s workforce perceives abuse by supervisors to be a common experience.

The poll, released today by the Employment Law Alliance, found that almost one-half of the employees surveyed report having been subjected to a range of bullying behaviors including mockery and personal insults, as well as job performance criticism in front of co-workers. Employees who are older, more highly educated, or work in the northeast United States are the most likely to experience workplace abuse, while younger and southern workers are the least likely.

“When this many employees perceive they are being mistreated, employers need to pay attention. And what is especially troubling is that almost two-thirds of the American workforce believes employees should be able to sue the abusive boss and the employer,” said attorney James Erwin, leader of the Employment Practice Groups at Pierce Atwood LLP in Portland, Maine.
The poll addressed abusive behavior by supervisors not typically regarded as serious enough to warrant special legal protections against harassment or discrimination based on race, religion, sex, disability or other protected classes.

* Highlights of the poll include: 44% said they have worked for a supervisor or employer who they consider abusive.
* More than half of American workers have been the victim of, or heard about supervisors/employers behaving abusively by making sarcastic jokes/teasing remarks, rudely interrupting, publicly criticizing, giving dirty looks to, or yelling at subordinates, or ignoring them as if they were invisible.
* Southern workers (34%) are less likely to have experience with an abusive boss than are their Northeastern (56%) and Midwestern (48%) counterparts.
* Workers with some college or a college degree (47%) are more likely to have been a victim of abuse by a supervisor or employer, compared to workers with a high school education or less (34%).
* 64% said that they believe an abused worker should have the right to sue to recover damages

“There’s a growing recognition that abusive bosses are more than just an annoyance, but a very real problem and that employees will increasingly demand protection, if not from employers then the courts,” said Stephen J. Hirschfeld, ELA’S CEO and an employment lawyer with the California-based law firm of Curiale Dellaverson Hirschfeld & Kraemer, LLP.

Hirschfeld noted that the survey comes at a time when nearly one dozen state legislatures are considering laws specifically prohibiting bullying in the workplace, when workers increasingly use the term “mobbing” to refer to employee abuse by co-workers, and a non-profit think tank, The Workplace Bullying Institute (www.bullybusters.org), is regularly featured in national and global media as it promotes workplace victims rights.

In reacting to the poll results, Dr. Robert Sutton, Stanford University Professor of Management Science and Engineering, and Co-Director of the Center for Work, Technology, and Organization said, “This national survey adds to the growing evidence showing that abuse of power is a rampant problem in the American workplace. It is time for senior management to realize that this conduct damages their people and is costing them a fortune. Demeaned workers respond with a reduced commitment and loss of productivity, and they run for the exits to find more humane bosses. And these costs will keep escalating as more victims realize that they can fight back in court.”

According to attorney Erwin, companies need to closely examine their personnel policies, supervisor-employee relations and management training to ensure these issues are dealt with proactively and costly litigation is avoided.

“Most employers probably believe that mistreatment of employees doesn’t occur in their workplace – that it’s someone else’s problem,” said Erwin. “While it’s true that abuse may well be in the eye of the beholder, a supervisor’s idea of simply holding someone accountable may be an employee’s idea of a reason to hire a lawyer. The willingness of American workers to think in terms of litigation is a fact of life employers must confront.”

Erwin noted that the trend is not encouraging for employers. “Our workforce is aging and our economy is transitioning from production workers on the factory floor to knowledge workers in the office. With older and college educated workers already more likely to see themselves as victims of workplace abuse, the likelihood that employers will face these claims is only going to increase.”
Erwin added that if employers and individual supervisors can be sued over the perception of basic incivility, they will be very reluctant to hold employees to even reasonable performance standards. “Employers need to correct this problem before legislators believe they need to step in and start enabling more lawsuits.”

Companies need only look north for a cautionary tale. Recently, a Canadian employer was ordered to pay $5,000 as moral damages for inflicting psychological abuse under Quebec's anti-psychological harassment law. That law provides a right to recover damages for “any vexatious behavior” that affects an employee’s dignity or psychological or physical integrity.

The poll, conducted under the supervision of Dr. Theodore Reed, President of the Philadelphia-based Reed Group, was based on a survey of a representative sample of 1,000 American adults within the past two weeks. Detailed interviews were conducted with 534 full or part time workers. The confidence interval for this sample size is +/- 4.24%.

Complete poll results are available at: www.employmentlawalliance.com

Pierce Atwood LLP is the largest law firm based in northern New England and has 120 attorneys who serve regional, national and international clients from offices in Portland and Augusta, Maine; Portsmouth and Concord, New Hampshire and Boston, Massachusetts.

03-21-2007

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Motley & Rice, L.L.C.

ATTORNEY KIMBERLY BARONE SPEAKS ON NURSING HOME ABUSE
Motley Rice attorney Kimberly Barone has been selected to lead the discussion "Common Types of Claims Being Filed and Litigated" at the Nursing Home Malpractice: Evaluating and Addressing Accountability seminar in Columbia, S.C. on April 27, 2007. The seminar is hosted by the National Business Institute (NBI), one of the largest providers of legal and professional education in the U.S. The goal of this seminar is to provide continuing legal education (CLE) for attorneys on effective strategies and procedures for current nursing home litigation as well as specialized information on the ethics and surrounding issues of this area of law.

As a faculty member, Barone will address ways to detect signs of negligent care and administrative failures. She will also discuss investigating nursing home injuries and the emerging challenge of wandering residents. Barone leads the Motley Rice nursing home litigation team, which is committed to representing the elderly, our nation's most defenseless population. Barone has been involved in numerous nursing home abuse and neglect and assisted living facility cases and is a frequent lecturer on these issues. Barone earned a B.A. degree from Clemson University and a J.D. from California Western School of Law. She is licensed in California and South Carolina.

03-21-2007

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Lathrop & Gage LLP

Allison Bergman Named One of Kansas City's Influential Women
Allison Bergman, a member (partner) with Lathrop & Gage L.C., was recently recognized by Kansas City Business Magazine (KCB) as one of Kansas City’s most influential women. She was among 51 women selected from the business, civic and not-for-profit communities based on their professional accomplishments and contributions to the greater Kansas City region.

Bergman was singled out for her longtime personal and professional commitment to Kansas City’s urban core. As an attorney concentrating her practice on real estate, development and land use issues, Bergman has worked on projects such as the new pedestrian bridge at Union Station and the Beacon Hill development. She also serves as counsel to and is an officer of the Kansas City Terminal Railway Company and has served as counsel to the Kansas City Area Transportation Authority.

In addition to her professional involvement with various urban core projects, she makes her home in Kansas City’s Union Hill neighborhood. Bergman also has participated in the Greater Kansas City Chamber of Commerce's Centurions leadership program and is involved in community organizations including The Central Exchange and The Urban Core Group, and served on the Downtown Council/Blighted Buildings Subcommittee.

The full list of honorees is available in the March 2007 issue of KCB. In addition to recognition in the magazine, all 51 women will be honored at a reception on March 7 at the Webster House in downtown Kansas City, Mo.

03-21-2007

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Venable Baetjer & Howard

Venable Attorney Tamara McNulty Pens Authoritative Book on Maryland Construction Law
Venable LLP partner Tamara McNulty has authored one of the most comprehensive handbooks on construction law pertaining to projects in Maryland. Maryland Construction Law (HLK Global Communications; $109 US) helps industry participants navigate through statutory and case law governing construction in the state.

The book, Ms. McNulty's second in the state construction law book series, provides legal information on every step of the building process including obtaining licenses, the bidding process, hiring contractors, and how to deal with various issues that can affect construction, like changes in the work or damages and delays.

Each chapter is dedicated to a specific topic, which is broken down and identified in a detailed table of contents. Individual chapters describe the rights and responsibilities of the owner, contractor, subcontractor, and architect/engineer. Other topics covered include state and local procurement procedures, claims and disputes, damages and remedies, insurance, statutes of limitation, and collection strategies.

"Maryland Construction Law provides a blueprint on responsibility and business activities related to construction," explains Ms. McNulty. "While it certainly will be useful for individuals trying to understand their rights and obligations, it can be even more useful as practical advice on avoiding common pitfalls associated with construction projects."

Ms. McNulty is a partner in Venable's construction group. Her practice focuses on construction law, surety and complex commercial litigation; and she represents general contractors, subcontractors, sureties, and owners, throughout North America as well as internationally. She is a member of the ABA Forum on Construction and Tort and Insurance Practice Section; a member of the National Bond Claims Association and is on the Board of Directors of the Washington Building Congress.

Ms. McNulty is the author of Virginia Construction Law published by HLK Global Communications in 2005. She has also authored several papers and lectured regularly regarding various construction issues, including "Construction Contracts in Maryland," Lorman Education Services, March 2004 and March 2005; "Cinderella's Shoes are Too Small: The Surety's Limited Right to Assert the Pay-When-Paid Clause Defense of Its Principal," NBCA, November 2000. Ms. McNulty has also co-authored several articles and speeches, including "The Surety Manual - A Basic Users Guide for Obligees and Payment Bond Claimants," Construction Lawyer, January 2002. Other recent articles include Federal Government Construction Contracts, Chap. 23 "Surety Bonds" (ABA, May 2003); "Sarbanes-Oxley: How It Will Affect Contractors and Sureties," The Construction Lawyer, January 2003; "Construction Management/Design Build in Virginia," Lorman Education Services, December 2002 and 2004.

03-21-2007

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Sidley, Austin, Brown & Wood, L.L.P.

Real Estate Lawyer Farid Maluf Joins Sidley Austin LLP as Partner
Sidley Austin LLP today announced that Farid Maluf has joined the firm as a real estate partner in its New York office.

Mr. Maluf has significant experience in capital markets real estate lending and finance, as well as acquisitions and sales. Mr. Maluf advises investment banks, private equity funds, pension fund advisors, and other domestic and foreign financial institutions in complex real estate and real estate finance transactions, such as fixed and floating rate financings, construction and renovation financings for large office buildings, residential facilities, luxury hotels, condominiums, shopping center developments and mixed-use projects, leasehold and sale-leaseback financing, and mezzanine loans. Many of these loans are intended for securitization.

“Our real estate practice continues to grow at a rapid pace to meet the expanding needs of our clients,” said Virginia Aronson, global co-head of Sidley’s real estate practice. “We are excited about adding Farid’s talents to our practice.”

“We are pleased that Farid has joined us,” stated Alan Weil, chair of Sidley’s New York real estate group. “His financing knowledge and skill in multiple areas of real estate law will be an asset to our firmwide practice."

Mr. Maluf holds a B.A. from Haverford College and earned his J.D. from New York University School of Law, where he was an editor of the New York University Law Review.

Sidley’s real estate lawyers have extensive experience in commercial real estate transactions, with more than 100 lawyers worldwide representing owners, developers, lenders, investors, utility companies, non-profit institutions and governmental entities in the development, financing, acquisition, disposition and leasing of real estate. Sidley has significant experience in the areas of REITs and real estate M&A, and recently represented EOP in the largest leveraged buyout in history.

03-21-2007

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Miller, Canfield, Paddock & Stone, P.L.C.

New Employment Law Alliance Poll: Nearly 45% of U.S. Workers Say They've Worked for an Abusive Boss
The grade school bully may have grown up to become the office oppressor, according to a new U.S. poll released today by the Employment Law Alliance – the world’s largest network of employment and labor lawyers to which Miller Canfield belongs as Michigan and Ontario’s representative. The poll found that nearly 45% of American workers say they have experienced workplace abuse.

The poll examined abusive behavior by supervisors, not typically regarded as serious enough to warrant special legal protections afforded to racial, religious, or gender discrimination, and reflects a growing recognition that abusive bosses are more than an annoyance. Employees will increasingly demand that the problem be addressed.

“Whether it makes sense for employees to be able to file lawsuits against abusive bosses – the way they can over discrimination due to race, sex, age, disability or other prohibited factors – is a different question,” said Miller Canfield labor and employment lawyer Kurt N. Sherwood . “It would be far better for employers to select and train supervisors to eliminate the abusive boss.”

Michigan is not among the states currently considering workplace bullying legislation, but sometimes lawsuits claiming sex or race discrimination, for example, are really about a bullying boss.

“Take the case where the plaintiff claimed her boss was mean to her, yelled at her, treated her in a dismissive and demeaning manner. She claimed that his treatment was sexual harassment, but there wasn't evidence to show that the boss treated anyone else any better,” said Beverly Hall Burns , a labor and employment attorney at Miller Canfield. “Responsible employers don't want to have to defend their management’s actions with the ‘my guy is a jerk but he's a jerk to everyone’s defense.”

Burns said the situation is similar in Ontario, where Miller Canfield has a Windsor office. “Only a few months ago, the Ontario Court of Appeals affirmed damages in the context of a disability case,” she said. “The employer’s conduct was found to be ‘reprehensible’ and abusive, meriting $100,000 in punitive damages.”

In response to the poll results, Dr. Sutton, professor of Management Science and Engineering in the Stanford University Engineering School, where he is co-director of the Center for Work, Technology and Organization said, “This national survey adds to the growing mountain of evidence showing that abuse of power is a rampant problem in the American workplace. It is time for senior management to realize that this conduct damages their people and is costing them a fortune. Demeaned workers respond with a reduced commitment and loss of productivity, and they run for the exits to find more humane bosses. And these costs will keep escalating as more victims realize that they can fight back in court.”

Highlights of the poll include:

• 44% said they have worked for a supervisor or employer who they consider abusive.
• More than half of American workers have been the victim of, or heard about supervisors/employers behaving abusively by making sarcastic jokes/teasing remarks, rudely interrupting, publicly criticizing, giving dirty looks to, or yelling at subordinates, or ignoring them as if they were invisible.
• 64% said that they believe an abused worker should have the right to sue to recover damages.
• Southern workers (34%) are less likely to have experience with an abusive boss than are their Northeastern (56%) and Midwestern (48%) counterparts.

About the Employment Law Alliance & America at Work Poll
The Employment Law Alliance is the world’s largest integrated, global practice network comprised of independent law firms distinguished for their practice in employment and labor law. There are member firms in all 50 U.S. states, every Canadian province and over 75 countries. Miller Canfield is the ELA representative for the state of Michigan and province of Ontario.

The poll, conducted under the supervision of Dr. Theodore Reed, president of the Philadelphia-based Reed Group, was based on a survey of a representative sample of 1,000 American adults within the past two weeks. Detailed interviews were conducted with 534 full or part time workers. The confidence interval for this sample size is +/- 4.24%.

03-21-2007

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