Law Firm News

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Law Firm News

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McDermott Will & Emery

Washington, D.C. Office Welcomes Two Tax Partners
McDermott Will & Emery is pleased to announce the arrival of tax partners Jean A. Pawlow and Elizabeth Erickson, the newest members of the Firm's Washington, D.C. office. Both partners focus on tax controversies, including tax litigation.

"Jean and Elizabeth add significant experience and depth to our tax controversy group, as well as our federal tax practice generally," commented Stephen Wells, head of the Firm's tax practice in Washington, D.C.

Ms. Pawlow has been involved in significant tax litigation matters for nearly 20 years, including litigation concerning the use of shrinkage estimates, DISC/FSC pricing, the communications excise tax, and the treatment of life insurance reserves. She has represented clients in disputes before the U.S. Tax Court, the Court of Federal Claims, U.S. District Courts, U.S. Courts of Appeal, the Internal Revenue Service (IRS) Appeals Division, and the IRS National Office. Ms. Pawlow earned a B.S., with high honors, in business from the University of California at Berkeley and is a member of Phi Beta Kappa. She graduated, cum laude, from Harvard Law School.

Ms. Erickson also represents clients in tax disputes before the IRS. She has substantial experience dealing with the deductibility of settlement payments and drafting advance pricing agreements, offers in compromise and closing agreements. Ms. Erickson graduated with a masters of accounting, concentration in taxation, from The Florida State University and graduated, magna cum laude, from The Florida State University with a B.S. in accounting. She graduated, cum laude, from the Georgetown University Law Center. She is a member of the American Bar Association’s Section of Taxation and the Women’s Bar Association of the District of Columbia.

McDermott has one of the largest and most comprehensive law firm tax practices in the world. Our clients consist of U.S. and international based public and private companies, including more than half of the Fortune 100. We provide counsel on all tax-related areas, including corporate, international, employee benefits, state and local taxation, and tax controversy.

01-03-2007

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Jorden Burt LLP

JORDEN BURT Alert: Federal Court Dismisses "Guaranteed Renewable" Long-Term Care Insurance Class Action
The United States District Court for the Eastern District of Pennsylvania dismissed with prejudice a putative nationwide class action regarding "guaranteed renewable" Long-Term Care insurance. Dismissal of this case is a welcome departure from the prevailing trend in "guaranteed renewable" Long-Term Care litigation where plaintiffs have avoided summary judgment and, in some instances, achieved certification of statewide or nationwide classes.

01-03-2007

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Jenner & Block LLP

Jenner & Block Elects 10 Associates to Partnership
Jenner & Block elected ten associates to partnership. They are Terence G. Banich, Iris E. Bennett, Bryan D. King, Michelle M. McAtee, Monica R. Pinciak, Edward G. Quinlisk, Sally K. Sears Coder, Michelle Speller-Thurman, R. Clay Stiffler, and Joanne Hannaway Sweeney.

Terence G. Banich
Terence G. Banich is a Partner in the Litigation Department and Construction Law, Commercial Law and Uniform Commercial Code, and Bankruptcy, Workout and Corporate Reorganization Practices. Mr. Banich received his J.D., cum laude, from Loyola University Chicago in 1999 and his B.A., magna cum laude, from the University of San Diego in 1996. During law school, Mr. Banich clerked for two judges in the Circuit Court of Cook County, Illinois: the Honorable Thomas R. Fitzgerald (1997-98), now a Justice of the Supreme Court of Illinois, and the Honorable Richard E. Neville (1998-99).

Iris E. Bennett
Iris E. Bennett is a Partner in the Litigation Department and Entertainment and New Media and White Collar Criminal Defense and Counseling Practices. Ms. Bennett graduated from Harvard College with an A.B. in social studies in 1989, summa cum laude, and Phi Beta Kappa. She obtained her J.D. from New York University Law School in 1999, magna cum laude, Order of the Coif. She was a member of the NYU Law Review. From 2000-2001 Ms. Bennett served as a law clerk to the Honorable Robert W. Sweet, United States District Court for the Southern District of New York, and from 2001-2002 she served as a law clerk to the Honorable David S. Tatel, United States Court of Appeals for the District of Columbia.

Bryan D. King
Bryan D. King is a Partner in the Litigation Department and Securities Practice. Mr. King graduated from Stanford University with degrees in psychology and economics in 1995. He obtained his J.D. from Columbia University School of Law in 1998. At Columbia, Mr. King was the Editor-in-Chief of the Columbia Journal of Environmental Law and a Harlan Fiske Stone Scholar.

Michelle M. McAtee
Michelle M. McAtee is a Partner in the Real Estate and Real Estate Securities Practices. Ms. McAtee earned her law degree from the University of Iowa College of Law in 1998, and her B.S. from Marquette University in 1995, cum laude.

Monica R. Pinciak
Monica R. Pinciak is a Partner in the Litigation Department and White Collar Criminal Defense and Counseling Practice. Ms. Pinciak graduated with honors from DePaul University in 1996, receiving a B.S. in Business Administration. She received her J.D. with high honors from Chicago-Kent College of Law in 1999, where she served as Executive Articles Editor of the Chicago-Kent Law Review. Ms. Pinciak is a member of the Order of the Coif.

Edward G. Quinlisk
Edward G. Quinlisk is a Partner in the Corporate Department and Mergers & Acquisitions and Securities Practices. Mr. Quinlisk graduated from DePaul University College of Law, Order of the Coif and with honors, in 1999. Mr. Quinlisk also received an LL.M. in taxation from New York University School of Law.

Sally K. Sears Coder
Sally K. Sears Coder is a Partner in the Litigation Department and Arbitration: Domestic and International and Products Liability and Mass Tort Defense Practices. Ms. Sears Coder received her B.A. degree from Michigan State University in 1996. She received her J.D. from the University of Michigan Law School, cum laude, in 1999, where she graduated Order of the Coif. While at the University of Michigan Law School, Ms. Sears Coder served as Managing Editor of the University of Michigan Journal of Law Reform.

Michelle Speller-Thurman
Michelle Speller-Thurman is a Partner in the Corporate Department and Mergers & Acquisitions, Securities, Corporate Finance, and Bankruptcy, Workout and Corporate Reorganization Practices. Ms. Speller-Thurman graduated from Northwestern University School of Law in 1999. She received her B.S. in finance from the University of Illinois at Urbana-Champaign in 1991.

R. Clay Stiffler
R. Clay Stiffler is a Partner in the Litigation Department and Business Litigation, Class Action Litigation, and White Collar Criminal Defense and Counseling Practices. Mr. Stiffler graduated from Michigan State University in 1993 and obtained his J.D. magna cum laude from Loyola University Chicago School of Law in 1999. Mr. Stiffler was a junior member of the Loyola University Chicago Law Journal and Loyola’s trial team.

Joanne Hannaway Sweeney
Joanne Hannaway Sweeney is a Partner in the Litigation Department and White Collar Criminal Defense and Counseling and Products Liability and Mass Tort Defense Practices. Ms. Sweeney graduated magna cum laude from Loyola University Chicago School of Law, where she finished third in her class. While in law school, Ms. Sweeney served as an Executive Editor of the Law Journal and was awarded the Philip H. Corboy Fellowship in trial advocacy.

01-03-2007

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Howrey, LLP

Supreme Court Fills Schedule with Antitrust Cases
The legal community has taken notice of a recent influx in antitrust cases heard by the Supreme Court, according to Competition Law360. Lawyers say the court might be taking more interest in antitrust cases because of the Court’s newest members. In particular, John Roberts, a former appellate litigator who handled several antitrust issues while in private practice. “Jerrold Ganzfried (DC), the chair of Howrey LLP’s Supreme Court and Appellate practice, said another possible reason for the influx in cases was that clients were more often turning to attorneys with Supreme Court experience to write cert petitions. ‘One of the skills those people bring is the ability to explain to the Court in terms in which the Court is interested as to why the case warrants review.

01-03-2007

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Gibson, Dunn & Crutcher, LLP

Gibson Dunn Adds Former Cisco Systems Lawyer to San Francisco Office
Gibson, Dunn & Crutcher LLP is pleased to announce that James C. Dougherty has joined the firm's San Francisco office as of counsel. A former associate in the firm's Washington, D.C. office, Dougherty is rejoining the firm after more than five years in the legal department of Cisco Systems, Inc., where he most recently served as the Managing Attorney for the company's Worldwide Channels group.

"We are happy to have Jim back," said Fred Brown, Partner in Charge of Gibson Dunn's San Francisco office. "With his experience in government contracts and technology, he will be a valuable asset for our clients."

"I'm very excited about the opportunity to return to a firm that is both an institution of unparalleled excellence, and the home of many of my friends," said Dougherty. "I've gained invaluable legal and business experience while at Cisco, and I'm looking forward to applying that knowledge and skill to my practice at Gibson Dunn.

01-03-2007

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Chadbourne & Parke LLP

Lawsuit Filed by New York Lawyers for the Public Interest and Chadbourne & Parke Challenges Constitutionality of Berger Commission Recommendations
New York Lawyers for the Public Interest (NYLPI) and the international law firm of Chadbourne & Parke LLP announced today that they have filed suit against New York State over the state’s plan to close Westchester Square Medical Center in the Bronx and eight other hospitals, as well as restructure about 50 other facilities statewide. The suit was filed on behalf of a Soundview resident and a Parkchester senior center, which rely on Westchester Square Medical Center to meet their health care needs.

The suit alleges that the state legislature violated the New York State Constitution when it allowed unelected members of the Berger Commission to make law and institute sweeping changes in health care policy by mandating the closure of hospitals statewide. The action says that the enabling legislation that created the commission constitutes an unconstitutional delegation of legislative powers.

The Berger Commission, formally known as the New York State Commission on Health Care Facilities in the 21st Century, released a report on November 28 recommending the downsizing, merging and closure of hospitals and nursing homes around the state. These "recommendations" automatically became law on January 1 without legislative approval.

NYLPI has sharply criticized the Berger Commission’s shortsightedness and failure to address inequities in the health care system. By the commission’s own estimate, it will cost approximately $1.2 billion to implement its recommendations—money that, NYLPI argues, could be used to expand primary care services in medically underserved areas and reduce health disparities in communities of color.

"It is simply unacceptable for the state to develop health care policy in this manner," commented NYLPI Senior Staff Attorney Amanda Masters. "Nothing affects New Yorkers more than issues concerning their health care, and the public must play a meaningful role in any effort to reshape the distribution of health care resources. What New York really needs is a return to community health planning and more public input in hospital regulation, not the arbitrary reduction of hospital services that may arguably result in no net savings."

"This action by the state, the legislation creating the Berger Commission, is an unconstitutional delegation of legislative authority by the legislature to the executive department in violation of the separation of powers and Article III, Section 1 of New York’s constitution, which provides that legislative power shall be vested in the Senate and Assembly," said Chadbourne partner Thomas Bezanson. Chadbourne is working pro bono on the case with NYLPI.

Plaintiff Mary McKinney is a 64-year-old woman who suffers from cancer, asthma and other serious medical conditions, and has relied on Westchester Square for decades. "For someone like me, with limited mobility, a fixed income, and serious health problems, losing Westchester Square will completely disrupt my access to vital health care. I simply cannot afford to lose accessible emergency and hospital services," said Ms. McKinney.

Deacon Dhoel Canals, Executive Director of Mechler Hall Senior Center, is similarly concerned about the Berger Commission’s decision to close Westchester Square. Deacon Canals commented that Mechler Hall joined the lawsuit as a plaintiff after learning that the Berger Commission would be the final arbiter of Westchester Square’s future. "The state may say that the final decision rests with the Berger Commission, but I believe that power belongs to the people, especially individuals—like the senior citizens at Mechler Hall—who would be greatly impacted by the hospital’s closure."

The suit, filed in New York State Supreme Court in the Bronx, was brought as an application for a temporary restraining order and preliminary injunction to declare the enabling legislation unconstitutional and to enjoin the implementation of the Berger Commission’s recommendations by the State Department of Health. Additionally, the suit claims that implementation of the recommendations will require the expenditure of substantial New York State revenues.

01-03-2007

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Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP

Gov. Rendell Appoints Patrick J. Stapleton, III as Chairman of Pa. Liquor Control Board
Pennsylvania Governor Edward G. Rendell appointed Firm partner Patrick J. “P.J.” Stapleton III as chairman of the Pennsylvania Liquor Control Board. Mr. Stapleton will succeed Jonathan Newman, who resigned as chairman effective Jan. 12, 2007.

“The PLCB has made enormous strides over these last four years and much of that success is a result of the hard work and leadership of board members Stapleton, Newman and Tom Goldsmith,” said Gov. Rendell. “P.J., Jonathan and Tom took my vision and implemented it with great enthusiasm.”

Mr. Stapleton was first appointed to the Pennsylvania Liquor Control Board by Gov. Tom Ridge on June 17, 1997. He was reconfirmed by a unanimous vote of the state Senate on May 10, 2000, and again on May 17, 2004.

“When I was elected, I asked the PLCB board members to work together to make wine and spirits stores more customer friendly and to help me implement necessary modernizations like Sunday liquor sales,” said Gov. Rendell. “As a result of their hard work, Pennsylvanians can now take part in an entirely new buying experience in our wine and spirits shops.

“P.J. has played a critical role in helping modernize the LCB, and I am asking him to now continue to lead the agency as chairman, with a focus on planning for fiscal stability in the future,” said Gov. Rendell.

01-03-2007

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