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RKC Partner Josh Lerner Named To South Florida Legal Guide's "Top Lawyers" List
Joshua D. Lerner, a partner in the Miami office of Rumberger, Kirk & Caldwell, was recently named to the South Florida Legal Guide’s annual “Top Lawyers” list.

The list recognizes South Florida attorneys who have been nominated by their peers and co-workers for outstanding service and commitment to the legal profession. Nominees were then evaluated and chosen by South Florida Legal Guide’s editors, based on accomplishments and recommendations.

Lerner practices in commercial litigation, professional liability, insurance coverage and bad faith, appellate matters, and general liability cases. He represents both individuals and companies in a variety of matters, including claims of fraud, breach of contract and breach of fiduciary duty. Additionally, he has been the attorney of record in more than 50 appeals in federal and state courts throughout Florida.

Lerner received his law degree from the University of Miami and holds a bachelor’s degree in history from Colorado College.

03-21-2007

RDB Attorneys Featured in LA Daily Journal Article on Freedom of Speech Case
RDB partner Kevin Kieffer and associate Becki Kieffer were quoted in the March 5, 2007 Los Angeles Daily Journal article, “Anti-SLAPP Appeal Strikes Minister’s Libel Suit,” after obtaining a victory for a pro bono client and a published opinion in the California Court of Appeal on California’s Anti-SLAPP statute.

On behalf of their client, RDB attorneys filed an Anti-SLAPP motion – a special motion to strike available to those sued for, among other things, exercising their right to free speech. The Court of Appeal reversed an earlier decision and directed the trial court to enter an order granting the motion and dismissing the case.

“When it gets down in the trenches, it means an awful lot,” said Kevin. “If the court had ruled the opposite way, it could have ‘gutted the purpose of the [anti-SLAPP] special motion to strike.

03-21-2007

European Travel Industry Consolidation Faces Obstacle, Says Orrick Litigator
"London litigation partner Alastair Gorrie is quoted in this article about the My Travel/Thomas Cook and First Choice/TUI mergers (Europe's four largest vacation package companies) and the deals' potential to be blocked by competition regulators.

The consolidation will occur if the companies can successfully prove that the entire travel industry is included in their competition. ""[If the companies] can redefine the market more broadly, they would have a good prospect of success, but they will have to do a lot of work to convince the commission that the non-package sector provides sufficient competitive constraint,"" predicted Gorrie. ""That's not that obvious in my view."

03-21-2007

David Szabo leads HIMSS webinar on Regional Health Information Organizations
David Szabo, co-chair of the firm’s Health Care practice, was invited by the Healthcare Information and Management Systems Society (HIMSS) to lead a March 21 webinar, Building a Community Foundation for a RHIO.

Dave will discuss a case study where a broad based, multi-stakeholder organization originally organized as a data sharing warehouse transformed itself and evolved into both an incubator of health care data exchange projects and a RHIO.

03-21-2007

Richard Kimball presents seventh Nutter TechnOvation Award during Early-Stage Life Sciences Technology Conference
Nutter is sponsoring the third annual Early-Stage Life Sciences Technology Conference, produced by the Massachusetts Technology Transfer Center, at Harvard Medical School on March 21. The conference provides selected research institutions and recently formed Massachusetts companies with an opportunity present their life sciences technologies to an audience of angel investors, venture capitalists and corporate investors.

During the conference, Richard Kimball, co-chair of the firm’s Emerging Companies/High Technology practice, will present the seventh Nutter TechnOvation Award to SomaGenics, Inc., an early-phase biotechnology company whose researchers are developing RNA-based gene inhibitors for functional genomics and therapeutics, as well as tools for drug discovery.

03-21-2007

Bullies in the Workplace Becoming a Larger Problem in the Country
Miller Nash LLP, a leading multispecialty law firm with offices throughout the Northwest, announced that a recent study conducted by the Employment Law Alliance should have employers on alert. According to the Alliance, of which Miller Nash is a member firm, the poll results reflect a growing recognition that abusive bosses are a very real problem that, if not fixed by employers, might find its way to the court system.

The Employment Law Alliance is the world’s largest integrated, global practice network consisting of premier, independent law firms distinguished for their practice in employment and labor law.

The poll focused on behavior by supervisors that does not typically warrant special legal protections afforded to racial, religious, or gender discrimination. Because bullying creates a hostile work environment, 64 percent of employees suggest that it should warrant legal action.

"The survey comes at a time when nearly one dozen state legislatures, including Washington’s and Oregon’s, are considering laws to specifically prohibit bullying in the workplace," said Susan Stahlfeld, team leader for Miller Nash’s Employment Law and Labor Relations practice. "This is a trend in which employers need to maintain vigilance, in order to avoid potentially costly litigation in the future."

A bullying situation can lead to emotional distress claims, according to Stahlfeld, whose firm represents employers in Washington and Oregon. Potential legal costs aren’t the only issues. Unchecked abusive behavior from supervisors can damage employee morale, diminish worker commitment and result in lost productivity.

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 few weeks. Detailed interviews were conducted with 534 full or part-time workers. The confidence interval for this sample size is +/- 4.24 percent.

Complete poll results are posted on the ELA website, http://www.employmentalliance.com. Highlights of the poll include:

* Forty-four percent 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.

* Sixty-four percent said that they believe an abused worker should have the right to sue to recover damages.

* Workers in the south (34%) are less likely to have experience with an abusive boss than are their Northeastern (56%) and Midwestern (48%) counterparts.

03-21-2007

McKenna Long & Aldridge Attracts Prominent Government Contracts Attorney to Further Strengthen its Congressional Inquiries Initiative
Henry “Jim” Schweiter has joined the law firm of McKenna Long & Aldridge LLP, an international law firm known for its preeminent Government Contracts practice as a member of the Washington, D.C. office. Schweiter joins the firm’s prominent Government Contracts practice as of counsel after serving on the congressionally- chartered Commission on the National Guard and Reserves as senior counsel and senior legal advisor in the consulting division of McNeil Technologies, a professional services company that supported the Commission, which examined the various roles, missions, readiness, size, shape, equipment needs, management, and benefit structures of the military’s seven reserve components.

Schweiter brings more than 25 years of government service on Capitol Hill to the firm, at the Department of Defense, and in the United States Air Force, including service for both Democrats and Republicans.

“Jim’s unique, unparalled wealth of experience in critical national security issues, along with his extensive work on the key committee of the House of Representatives that is responsible for oversight of the military and defense industry, complements the deep bench- strength of MLA’s government contracts and government affairs team,” said Jeff Haidet, chairman of the firm. “His knowledge of Congressional procedures will add tremendous value to our firm and to our defense, aerospace, and homeland security clients in particular, as they address the increased congressional oversight facing these industries.”

“McKenna Long & Aldridge’s ability to recruit Jim is validation of the platform we are continually building at MLA,” said Tom Abbott, national chair of the Government Contracts practice. “Jim is a highly successful government contracts attorney with the reputation and expertise necessary to anchor our new initiatives.”

Following his service as general counsel to the House Armed Services Committee, under both Democratic and Republican majorities, Schweiter was appointed by President Clinton as the Deputy Assistant Secretary of Defense for Reserve Affairs. After his service at the Pentagon, Schweiter returned to Capitol Hill to serve as the Democratic staff director and counsel to the House Armed Services Committee. Before his work in Washington, Schweiter served on active duty as a member of the Judge Advocate General’s Department of the United States Air Force.

Schweiter’s background complements the firm’s extensive government contracts and government affairs capabilities. He will also immediately play an active role in the firm’s Congressional Oversight and Investigations practice and will key note the firm’s March 27, 2007, Los Angeles program on this topic, co-sponsored by the Information Technology Association of America (ITAA).

Schweiter is a graduate of the Harvard University Kennedy School of Government’s Program for Senior Executives in National and International Security and has taken master’s-level coursework in federal procurement law at George Washington University. He earned his Juris doctor degree from the University of Toledo, College of Law, and his bachelor of Art’s degree from Gettysburg College.

03-21-2007

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