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MLA Partner Quoted in the Wall Street Journal
The Bush administration triggered a provision of a 2005 law that gives companies protection from product-liability lawsuits for vaccines or drugs they produce in connection with the avian-flu strain.

The law, enacted 13 months ago, gives the Secretary of Health and Human Services the power to grant immunity to vaccine makers in the event of a risk to public health. In a directive dated last week, HHS invoked that clause, "based on a credible risk that an avian influenza virus spreads and evolves into a strain capable of causing a pandemic of human influenza."

Bill Hall, an HHS spokesman, said that the agency's declaration "allows us to remove the remaining barrier to building up our domestic capacity to manufacturers of vaccines in a flu pandemic." He denied that the move reflected heightened concern about the avian flu. Rather, he said, "It was a precautionary step."

The HHS action comes at a time when fresh cases of avian flu are cropping up in Asia, Russia, Nigeria and parts of Europe, and some in Congress are expressing renewed concern about the threat. Recently, Democratic Sen. Tom Harkin of Iowa held a hearing to question senior administration officials on what they are doing to prepare for a possible pandemic in the U.S.

Some saw the HHS action as a reflection of increased concern. "This is probably the loudest pronouncement by the federal government to date that the threat of an avian flu pandemic is real," says John Clerici, a partner at McKenna Long & Aldridge in Washington, D.C., a law firm whose clients have included vaccine makers.

The U.S. has long been concerned about a shortage of vaccines, both for seasonal influenza and to combat the H5N1 bird-flu strain and other potentially lethal strains. As part of a plan to encourage development of experimental vaccines and other countermeasures against public health and bioterrorism threats, Congress passed in late 2005 a bill that provided liability protection to those vaccine makers. The measure, signed by President Bush in December 2005, was roundly criticized by trial lawyers and other critics as a giveaway to drug companies. Sen. Edward Kennedy (D., Mass.) demanded a generous compensation scheme for victims of potential side effects of the vaccines. But as part of the defense appropriations bill, the measure had no funds provided.

02-02-2007

Dr. Gary Cantrell named BAMSL's 2007 Inventor of the Year
the Bar Association of Metropolitan St. Louis' Patent, Trademark and Copyright Section will honor Gary Cantrell as its 2007 Inventor of the Year.

Dr. Cantrell, a senior research associate at Mallinckrodt, Inc., is currently working in the pharmaceutical division at Mallinckrodt and heads a group of scientists engaged in providing a total chemical synthesis of various medicinal analgesic compounds. Due to the increased demand and cost of healthcare in the United States, discovering methods to create generic pharmaceutical compounds more efficiently is essential to providing pharmaceutical drugs at more reasonable prices. Dr. Cantrell?s work aids in that effort. Another critical focus area in Dr. Cantrell?s 22-year career has been the invention of compositions that are uniquely designed to provide enhanced diagnostic images for ultrasound and other imaging modalities.

The attorneys at Senniger Powers congratulate Dr. Cantrell for his outstanding achievements and significant contributions to the scientific community.

02-02-2007

Sands Anderson Names Hardy, Levy as New Shareholders
Margaret F. Hardy in the Richmond office and Paige A. Levy in the McLean office of Sands Anderson Marks & Miller law firm have been elected Shareholders of the law firm, President C. Thomas Ebel announced today.

“Our firm is fortunate to have Margaret Hardy and Paige Levy among our owners, two women of the highest skill and integrity, and lawyers who are tenacious and experienced advocates for their clients,” said Ebel.

Hardy is a member of the firm's Healthcare Practice Group working in the Richmond office and a registered nurse. Her nursing career included working on medical surgical, ICU step-down, psychiatry and substance abuse units, and in long-term care facilities. She now defends health care providers in medical malpractice actions; represents nurses, physicians, dentists, and other health care professionals before the Virginia Department of Health Professions licensing boards; and provides advice to providers on issues related to reimbursement, HIPAA and regulatory compliance, and risk management. She earned her J.D. at the College of William & Mary and is admitted to practice in Virginia.

Levy is a member of the Business & Professional Litigation, the Employment and the Healthcare practice groups and works in the McLean office. She focuses on professional liability defense, employment litigation and counseling, and appellate work. She regularly serves as local counsel in Federal court, and also advises employers on personnel issues involving federal and state law, including drafting, revising and commenting on personnel policies and procedures. She earned her J. D. at the University of Virginia Law School and is admitted to practice in Virginia and the District of Columbia.

02-02-2007

Robinson & McElwee Goes Red for Women
As part of Robinson & McElwee's ongoing wellness initiative, employees of Robinson & McElwee, joined forces today to "Go Red for Women" in support of a national campaign sponsored by the American Heart Association. Like millions of Americans, RAM employees are wearing red today to raise awareness about heart disease in women, and to encourage women to take charge of their heart health.

02-02-2007

PHILLIPS LYTLE LLP SPECIAL COUNSEL JACQUELINE PHIPPS POLITO HONORED WITH HURWITZ AWARD BY NYS BAR ASSOCIATION
The New York State Bar Association Torts, Insurance and Compensation Law Section recently honored Jacqueline Phipps Polito, Special Counsel with Phillips Lytle LLP, a full service law firm with statewide coverage. At the Bar Association’s 130th annual meeting held January 22-27, 2007 in New York City, Ms. Polito was presented with the Hurwitz Award in recognition of her outstanding contribution to the practice of law.

At Phillips Lytle, Ms. Polito concentrates in the areas of commercial and employment litigation, counseling corporate clients in a wide range of employment and contractual disputes. A member of the American, New York State and Monroe County Bar Associations, she holds her J.D., cum laude, with Albany Law School of Union University and her B.A. from SUNY Binghamton. Ms. Polito is also a member of the Society for Human Resources Management and the Greater Rochester Association of Women Attorneys.

02-02-2007

Miller & Chevalier Announces Results of Tax Policy Forecast Survey
Miller & Chevalier Chartered today announced the results of their 2007 Tax Policy Forecast Survey measuring the current thoughts, perspectives and attitudes of leading corporate tax executives on the direction of tax policy in the 110th Congress. The results reflect an opinion that while companies do not believe broad-based tax reform is imminent, the change in Congressional control will have a significant impact on tax policy for business in specific industries as revenue offsets are at a premium.

"We know Congress is looking for ways to fund new tax priorities, such as providing alternative minimum tax relief," said Greg Mastel, former Chief Economist on the Senate Finance Committee and Chair of Miller & Chevalier's Government Affairs Department. "While there remains uncertainty about the Congressional tax agenda, respondents to our survey told us they are keeping a close eye on a number of individual policy decisions that impact their industries."

"While businesses believe new revenue raisers are likely on the horizon, they may not yet understand the scope of the measures being contemplated," added Phillip Mann, former Tax Legislative Counsel at the U.S. Treasury Department and a past chair of the American Bar Association Section of Taxation. "For example, many companies think 'we don't engage in tax shelters so we'll be fine,' when in fact a number of pending tax policy proposals could significantly impact the day-to-day operations of a broad range of businesses."

Survey Highlights

In January, Miller and Chevalier distributed the survey via e-mail to leading tax and finance executives at Fortune 100 companies and U.S.-based multinationals. The survey was completed by 130 respondents who provided opinions on the impact of the change in Congressional control on tax policy, likely revenue sources, and IRS scrutiny of business tax returns. Some survey highlights include:

* A majority of respondents (68 percent) believe the change in Congressional control will have a significant impact on tax policy for business. 83 percent of those respondents think that impact will be unfavorable to domestic business and 90 percent think it will be unfavorable to international business.

* More than half of all respondents (56 percent) think the change of control in Congress will have a significant impact on their business.

* Manufacturers are the least concerned about the impact of the change in Congressional control on their business (42 percent) while oil and gas (80 percent) and financial services (79 percent) respondents are more worried than the respondents as a whole.

* Respondents overwhelmingly believe the change in Congressional control will have an unfavorable impact on international business (84 percent) and that Congress will look to increase taxes on international operations as a source of revenue (62 percent).

* While most respondents think Congress will look towards codification of the economic substance doctrine (65 percent) and taxation of international operations (62 percent) for additional tax revenue, only nine percent and 28 percent respectively say it would have the most unfavorable impact on their business.

* Some of the legislative proposals are quite broad and businesses may not yet fully understand the scope of what day-to-day transactions they will affect.

Additional Revenue Raisers on the Horizon

In conjunction with today's release of President Bush's budget, the U.S. Treasury Department released a description of the revenue proposals contained in the budget, commonly referred to as the "Treasury Blue Book."

"Given the PAYGO environment, the revenue raisers in the Treasury Blue Book are anticipated to receive immediate attention from Congress as they represent proposals that the Administration is endorsing," noted Miller & Chevalier Member Marc Gerson. Gerson joined the firm last month after serving as Majority Tax Counsel for the U.S. House of Representatives Committee on Ways & Means in the 109th Congress. "Businesses will be closely monitoring these initiatives.

02-02-2007

FEDERAL RESERVE BANK DIRECTORS ELECT ALLNER AS CHAIRWOMAN
Miles & Stockbridge P.C. is pleased to announce that The Board of Directors for the Federal Reserve Bank of Richmond’s Baltimore branch elected Cynthia Collins Allner chairwoman of the Baltimore board. Allner has been a director since 2003.

The board of directors of the Baltimore branch of the Federal Reserve Bank of Richmond has seven members each. A majority of each office’s directors are appointed by the board of directors of the Richmond Reserve Bank and the remainders are appointed by the Board of Governors of the Federal Reserve System. The chairmen of the boards of the Baltimore and Charlotte offices are selected for one-year terms from among those directors appointed by the Board of Governors.

02-02-2007

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