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SMITH HAUGHEY ATTORNEY SERVES AS CONTRIBUTING AUTHOR FOR MICHIGAN LAW & PRACTICE ENCYCLOPEDIA
Brenda Jones Quick, an Of Counsel attorney in the Traverse City office of Smith Haughey Rice & Roegge, served as the contributing author for the recently released update of the “Constitutional Law” volume of the Michigan Law & Practice Encyclopedia. LexusNexus, the book’s publisher, selected Brenda because of her vast expertise in the field of constitutional law.

Prior to joining Smith Haughey, Brenda served as Associate Dean for Academic Affairs and Professor of Law at the Michigan State University College of Law. At the time she "retired" from legal education, she was awarded the position of Professor of Law Emeritus. In 2004, she was a Visiting Professor at Barry University Law School in Orlando, Florida, and most recently, was invited to teach American Jurisprudence in Changchun, China.

Additionally, she has served as a judge on the Little River Band of Ottawa Indians and Sault Ste. Marie Tribe of Chippewa Indians Tribal Courts for special cases. Brenda is a member of the State Bar of Michigan, the GTLA Bar Association and the American Bar Association. She has spoken at numerous events and has published articles on a myriad of issues, including constitutional law, civil rights, American Indian law, and property law. In June 2006, she was re-appointed by Governor Jennifer Granholm to serve on the Michigan Women's Commission and has served on the Board of Zoning Appeals of Traverse City, the Board of Trustees of Goodwill Industries of Northern Michigan, and the Board of Trustees of G.W. Services, Inc.

01-10-2007

PHILLIPS LYTLE LLP SPECIAL COUNSEL JACQUELINE PHIPPS POLITO TO SERVE AS PROGRAM CHAIR OF NYSBA TORTS, INSURANCE AND COMPENSATION LAW SECTION/TRIAL LAWYERS SECTION SEMINAR
Jacqueline Phipps Polito, Special Counsel with Phillips Lytle LLP, a full service law firm with statewide coverage, will serve as program chair for the New York State Bar Association’s Torts, Insurance and Compensation Law Section/Trial Lawyers Section seminar. Hon. Eugene Pigott Jr., newly appointed Associate Judge of the Court of Appeals, has agreed to speak at the dinner and seminar. The annual meeting will take place January 25 at the Marriott Marquis in New York City.

More than 5,000 members of the New York State Bar Association from around the state will partake in events, seminars and exhibitions during the 130th annual meeting, which takes place January 22-27, 2007 in New York City. For more information or to register.

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.

01-10-2007

Oblon, Spivak Breaks Record in Obtaining Most U.S. Utility Patents in 2006; Firm Holds Number One Spot for 16th Year
The intellectual property law firm Oblon, Spivak, McClelland, Maier & Neustadt, P.C., has obtained a record 3,896 U.S. utility patents issued in 2006.

“We had a blockbuster year for obtaining utility patents, and this record achievement represents a 30 percent increase from our 2005 number,” said founding partner Marvin Spivak. “It’s an incredible accomplishment to have consistently held this number one spot for 16 years in a row. Maintaining our leading role for so many years is a tribute to the excellence of our professionals and our support staff, and to the firm's absolute commitment to top quality service.

01-10-2007

Phil Appenzeller Named Section Head of Firm's Litigation Practice
Phil Appenzeller, a shareholder of Dallas-based Munsch Hardt Kopf & Harr, P.C., has been named Chair of the firm’s litigation practice, effective January 1, 2007. Phil’s practice focuses on commercial/business litigation, technology, securities, officer & director liability, professional negligence, manufacturing and financial industries.

Phil joined the Firm in 2000 after serving three years in the Judge Advocate General Corp. and three years at McKool Smith in Dallas.

Phil obtained a Bachelor of Science Degree in Government and Public Administration, with honors, from Evangel University. He received his Juris Doctorate Degree from the University of Missouri-Kansas City in 1992 where he was Administrative Editor of the UMKC Law Review. Phil also practiced for three years in the U.S. Army Judge Advocate General Corp. where he obtained the rank of Captain and tried cases in the United States District Court, Middle District of Georgia and U.S. Courts Martial.

Phil’s experience involves large commercial/complex litigation cases. Recently his practice focus has been representing bankruptcy trustees and creditors’ committees in litigation against former officers and directors and other professional advisors of failed companies. Phil also has experience in large breach of contract disputes, commercial mortgage backed securities litigation, patent infringement litigation, stockholder derivative litigation, officer & director liability, professional negligence partnership disputes, and governmental contract disputes. He frequently represents clients in the technology, manufacturing, banking and financial industries.

01-10-2007

Mark Nastri Elected CLE Seminar Director for Energy Section of Dallas Bar Association
Mark Nastri, a shareholder of Dallas-based Munsch Hardt Kopf & Harr, P.C., has been elected CLE Seminar Director for the Dallas Bar Association’s Energy Section. In this role, Mark will primarily oversee the annual CLE seminar presented by the DBA’s Energy Section.

Mark’s practice focuses on oil and gas law and general commercial litigation. He practices in state and federal courts throughout Texas in a variety of areas and topics, including general commercial litigation, oil & gas, contract and warranty litigation, real estate and construction disputes and products liability. His experience as an attorney and previously as a petroleum landman gives Mark a vast base of knowledge and experience in virtually all aspects of oil and gas law.

Mark received a Bachelor of Administration in Petroleum Land Management from the University of Texas at Austin and his Juris Doctor from Southern Methodist University Dedman School of Law. He is a member of the Dallas Bar Association and is the CLE Director for the Dallas Bar Association’s Energy Section. He is also a member of the State Bar of Texas, and he has been admitted to all United States District Courts in Texas and the Fifth Circuit Court of Appeals.

01-10-2007

New benefit statement requirements become effective in 2007
The Pension Protection Act of 2006, which was enacted this past summer, included new benefit statement requirements that will become effective as early as the first quarter of 2007 for some plans. The Act also requires 401(k) plans allowing investment in employer securities to permit participants to diversify their investments, effective in 2007, and to give notice to participants with respect to these diversification rights. The U.S. Department of Labor (DOL) has recently issued a Field Assistance Bulletin that explains both of these notice requirements.

The new benefit statement requirements will affect all plans and are generally effective in 2007. Although plan administrators may already be in compliance with some of the new requirements, there are certain required disclosures that most plan administrators are probably not now including in their benefit statements that may require revising benefit statements currently in use.

Plan administrators must provide participants with a benefit statement at least:

# Once each calendar quarter in the case of a defined contribution plan that allows participants to direct investment of accounts;

# Once a year in the case of individual account plans that do not allow participants to direct their investments; and

# Once every three years in the case of an actively employed participant with a vested accrued benefit under a defined benefit pension plan.

The benefit statement must set forth the total accrued benefit, the vested portion and, in the case of non-vested benefits, the date they will become vested. If the plan is integrated with Social Security that must be explained as well. For individual account plans, such as 401(k) plans, the statement must also include the value of each investment to which account assets have been allocated, including any employer securities, with valuation determined as of the most recent valuation date under the plan.

If the plan provides for direction of investments, the benefit statement must also include:

# A description of any limits under the plan on the participant's right to direct investments;

# An explanation of the importance of a well-balanced and diversified investment portfolio, including a statement of the risk of holding more than 20 percent of a portfolio in the security of one entity (such as employer securities); and

# A notice directing the participant to the DOL website for sources of information on individual investing and diversification.

Until further guidance is issued, the DOL is permitting plan administrators to use multiple documents or sources to provide the required information, provided participants receive notice in advance of the deadline date as to how to obtain the required information. Thus, not all required information must be set forth on a single piece of paper.

The DOL has also stated that the types of limits that must be disclosed are those imposed by the plan, such as limits on the percent of an account that can be invested in a particular investment or limits on the frequency of certain trades, and not limits imposed by the investment funds or state or federal securities laws.

The DOL has also prescribed model language that can be used to satisfy the requirements of explaining the importance of diversification. This model language, if included in the benefit statement, may also be used by certain plans to satisfy the separate requirement that plans permitting investment in employer securities provide notice of the participant's right to diversify his investment in employer securities.

If a plan is conferring diversification rights with respect to employer securities for the first time in 2007, as a result of the Pension Protection Act, then the DOL has stated that notice of the diversification rights should be given as soon as possible after January 1, 2007.

However, if a plan permitting investment in employer securities has provided diversification rights before 2007 equal to those required by the Act, then the benefit statement may be used to satisfy the requirement that plans notify participants of their right to diversify these investments. Thus, for plans that provided diversification rights that satisfied the PPA requirements even before they were enacted, the DOL has determined that provision of the benefit statement described above will also be sufficient to satisfy the diversification notice requirement and a separate notice regarding diversification rights applicable to employer securities will not be necessary.

Benefit statements must be written in a manner "calculated to be understood by the average plan participant" and may in some cases be furnished electronically. If statement information is provided on a continuous basis through a secure web site, that will constitute compliance if the participants are provided notice of the availability of this information through the web site and an explanation of how to access the web site and the right to receive a paper version of the statement.

For plans that operate on a calendar year, the statement requirement must first be satisfied for the quarter ended March 31, 2007 for defined contribution plans offering investment direction rights. For fiscal year plans, the deadline would be due with respect to the last day of the three-month period beginning on the first day of the plan year. For example, if the plan year begins on July 1, the first quarterly statement would be due with respect to the period ending September 20, 2007. For both calendar year and fiscal year individual account plans that do not provide the right to direct investments, the first annual statement would with respect to the year ended December 31, 2007.

The statement must then be furnished within 45 days after the end of the applicable period. This means that the statement for the first calendar quarter of 2007 would be due by May 15, 2007.

For defined benefit pension plans, the first benefit statement requiring compliance with the new requirements will be due for the 2009 plan year. The defined benefit pension plan requirements can also be satisfied if the plan administrator notifies the participant once a year of the availability of the pension benefit statement and ways in which the statement can be obtained. Years in which no benefits accrue under a defined benefit pension plan do not have to be taken into account in determining the three-year period for benefit statements.

These requirements are effective in 2007, although the effective date may be delayed in some cases if the plan is subject to a collective bargaining agreement. Until regulations are issued providing greater detail, the DOL has said it will not bring enforcement actions against plan administrators acting in good faith compliance with a reasonable interpretation of the statute.

01-10-2007

M&S OFFERS A YEAR-LONG NEW YEAR'S RESOLUTION FOCUSED ON RESULTS
In the spirit of helping employees keep their New Year's resolutions, Miles & Stockbridge P.C. has partnered with Metabolix to create a year-long corporate wellness program.

Miles & Stockbridge employees will have the opportunity to benefit from weekly to monthly meetings focused on nutrition and exercise programming. These meetings will reinforce the program's individualized education and meal planning, as well as tailored exercise activities.

"Our employees range in ages, with the average age being 45. We recognize the negative affects of a sedentary lifestyle and poor meal planning that a demanding job creates and we want to offer a program that will see positive results," said Bill Psillas, Director of Administration for Miles & Stockbridge.

The program is being piloted in the Firm's Baltimore office and will be offered to all employees who choose to participate. To encourage use of the program, brief weekly evaluations will be held during work hours and will include updated dietary guidelines, meal plans and exercise protocols.

01-10-2007

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