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Tarullo, Rhee Lend Experience to New Construction Focused Book
Schottenstein Zox & Dunn Co., LPA is proud to announce that Michael D. Tarullo and Hansel H. Rhee, partners in the firm’s Construction Practice Area, have co-authored part of a new construction book and CD-ROM. Titled Forms and Substance: Specialized Agreements for the Construction Project, this construction and real estate law book was also co-edited by Tarullo. The book will be available January 2007 through the American Bar Association (ABA).

Sponsored by the Forum on the Construction Industry of the ABA, Forms and Substance serves as a comprehensive, interactive resource for specialized construction agreements. Including a CD-ROM with downloadable forms, the book combines commentary from a collection of highly qualified attorneys regarding construction projects agreements, offering advice on the risks and benefits of agreement forms, potential litigation issues and considerations in negotiations.

Both Tarullo and Rhee are members of the Forum on the Construction Industry, of which Tarullo is chair-elect 2006. Earlier this year, Tarullo was also welcomed to the fellowship of The American College of Construction Lawyers, Class of 2007.

Tarullo received his undergraduate engineering degree from the University of Louisville and his law degree from Capital University Law School. Rhee graduated from Wittenberg University before receiving his law degree from Syracuse University.

Established in 1966, Schottenstein Zox & Dunn is one of Ohio’s largest full-service law firms. The firm has over 110 attorneys located in Columbus, Cleveland and Cincinnati and serves a diverse clientele ranging from large corporations to small, entrepreneurial and family-owned businesses. The firm offers a breadth of services focused on areas most demanded by today’s businesses

12-20-2006

Schottenstein Zox & Dunn Supports Columbus Community Shelter Board
"There are a lot of yardsticks which you can and should use to measure the quality of life in your town; but surely one of the crucial yardsticks needs to be: How well does the community take care of its own? How well does it take care of those in need?" - Mel Schottenstein

Founded in 1986 by the late Mel Schottenstein, the Columbus Community Shelter Board (CSB) was created to respond to the growing problem of homelessness in Columbus and Franklin County. Mel’s stance to not accept any situation leaving a man, woman or child without food or shelter motivated the City to provide for all citizens in need of assistance.

The law firm of Schottenstein Zox & Dunn (SZD) continues to build upon Mel’s legacy and in tradition raised $5,069.00 in charitable funds for CSB this holiday season. SZD’s Smokey Williams, Director of Operations, and Malinda Susalla, Associate, presented the gift to the Community Shelter Board in early December, 2006.

12-20-2006

Schnader Scores Big for Gaming Client in Pittsburgh
Philadelphia, PA: Schnader Harrison Segal & Lewis LLP marked a significant victory today for its client, PITG Gaming/Majestic Star, which was awarded the sole stand-alone casino license for Pittsburgh by the Pennsylvania Gaming Control Board. The Schnader team – which included James Eisenhower, Paul H. Titus, Deborah A. Rouse, H. Justin Park, and Mark M. Lee – represented PITG in a presentation made to the Board in November 2006, and handled every aspect of the application and evaluation process.

“We are extremely pleased with today’s result and would like to thank the Pennsylvania Gaming Control Board for the careful consideration it gave PITG’s application,” said Mr. Eisenhower, one of the Schnader attorneys who worked on the matter. “With today’s decision, Mr. Barden and PITG can move forward with the plan to develop and build a first-class entertainment and gaming facility that will bring energy, excitement and a new vitality to the City of Pittsburgh.”

PITG has proposed developing a permanent $450 million entertainment and gaming facility on the North Side, between the Carnegie Science Center and the West End Bridge. In addition to the slot machines, the 400,000-square-foot casino will also have four restaurants, three lounges, several bars and a variety of shops. It is anticipated the facility will open in 2008 with 3,000 slot machines, with an expectation to increase that number eventually to about 5,000 machines. Additionally, PITG has demonstrated its commitment to Pittsburgh and its residents by pledging to invest $350 million for development in the Lower Hill district of the city.

The Schnader team was led by Mr. Eisenhower, who chairs the firm’s Government and Regulatory Affairs Practice Group and serves on its political action committee. He was the 2004 Democratic candidate for attorney general of Pennsylvania, and his practice emphasis is on government relations, criminal law, investigative services, ethics and election law and complex civil litigation.

The team also included Paul Titus, Deborah Rouse, Justin Park and Mark Lee. Mr. Titus is resident in Schnader’s Pittsburgh office, and is a well-known trial and appellate lawyer, having appeared before the United States Supreme Court, federal courts nationwide, and Pennsylvania’s Supreme Court, Superior Court, and Commonwealth Court in a broad range of litigation, especially complex business matters. His practice has included public litigation, and he has represented judicial agencies, courts, members of the judiciary and local governments. Ms. Rouse, also resident in the Pittsburgh office, concentrates her practice in real estate development, land use, zoning matters, and construction law. As a registered architect with two decades of experience in building design, urban planning and construction oversight, Ms. Rouse brings an unusually broad set of skills and insider knowledge to the practice of real estate development, and served as a deputy director of city planning during a time when several major civic projects were completed, including the PNC Park, Heinz Field and Pittsburgh Convention Center projects. Messrs. Park and Lee are both associates in the Philadelphia office, and members of the Litigation Services Department.

12-20-2006

Former Maryland Public Service Commissioner Joins Saul Ewing as Special Counsel in the Utility Practice Group
J. Joseph ?Max? Curran, III, a former member of Maryland?s Public Service Commission (PSC), has joined Saul Ewing LLP as Special Counsel in the Public Utility Group where he focuses his regulatory and legislative practice on representing major energy, telecommunications and other regulated industry clients.

Mr. Curran served on the PSC from August 1999 through June 2005. During his term, the Commission implemented Maryland?s historic electric restructuring legislation and natural gas competition act, oversaw Verizon?s entry into long-distance service and approved the PEPCO and Conectiv merger. He also was involved in implementing required utility enhancements in Maryland in the wake of Hurricane?s Floyd and Isabel.
?Max's insight into Maryland's regulatory environment will be invaluable to our utility clients,? said Managing Partner David S. Antzis. ?His knowledge and experience are vital, now more so than ever, as the utility industry undergoes a sea change in regulatory and political environments.

Immediately prior to joining Saul Ewing, Mr. Curran was a solo practitioner in Maryland where he represented the nation?s leading Internet phone company in efforts to navigate state regulatory issues in several states to deploy its services around the country. He has worked with utility commissions in Tennessee, New York, Illinois, Missouri, Colorado, Indiana, Louisiana and Michigan.

Mr. Curran received his B.A. from The Johns Hopkins University in 1988 and earned his J.D. from the University of Maryland School of Law in 1991. He is admitted to practice before the Maryland Court of Appeals and the U.S. District Court for the District of Maryland.

12-20-2006

Governor Appoints Pierce Atwood Attorney to Agricultural Water Management Board
Governor John Baldacci appoints Pierce Atwood LLP attorney William Taylor to the Maine Agricultural Water Management Board.

As a partner and a member of the law firm’s environmental practice group, Mr. Taylor’s legal work focuses on matters related to water law, waste discharge, wetland and natural resource licensing, compliance counseling, rulemaking, auditing and enforcement.

Mr. Taylor will provide the board with his expertise in federal wetlands permitting as the members oversee and coordinate the environmentally sound and affordable development of water sources for agricultural use in Maine. The board also makes recommendations for improvements to federal and state permitting processes for agricultural use.

Mr. Taylor recently co-authored a chapter on Maine water rights law in a national treatise, Water and Water Rights. The chapter presents a comprehensive review of Maine’s unique perspective on laws governing surface water, runoff, groundwater, flowage and public trust rights.

Mr. Taylor is a resident of Yarmouth.

12-20-2006

Class Counsel Announces Michigan Homeowners File Class Action Lawsuit Alleging Carrier Corporation Concealed Significant Defects In Carrier And Bryant Condensing Furnaces
Class counsel announced that homeowners in Michigan today filed a class action lawsuit against Carrier Corporation, the manufacturer of Carrier and Bryant condensing furnaces (also marketed under the brand names "Day & Night" and "Payne"). The homeowners allege that beginning in the mid-1980s, Carrier started manufacturing its high-end furnaces out of inferior material that corrodes and prematurely fails, without disclosing that fact to consumers. The case was filed on behalf of an estimated 250,000 residents of Michigan that own Carrier and Bryant furnaces.
"When my Bryant furnaces failed, I was told that I would have to buy new furnaces or pay significant charges for their repair because the warranty only covered parts and not the labor," commented Frank Zinn of Grosse Pointe Farms, Michigan, one of the plaintiffs in the lawsuit. "Why should I have to spend thousands of dollars on new furnaces when mine were supposed to last 20 years?"
"Michigan homeowners often run their furnaces for at least five months of the year," stated Lester A. Pines, counsel for plaintiffs. "It is of great concern that Carrier would sell a furnace that could potentially malfunction in the dead of winter well before the end of their warranted life."
Today's lawsuit marks the fourth class action lawsuit filed against Carrier Corporation for failing to disclose defects in its furnaces. In 2005, homeowners in the State of Washington filed suit. Two months ago, homeowners in Wisconsin and Ontario also filed class action complaints.
The complaints in each case allege that in the mid-1980s Carrier stopped using stainless steel secondary heat exchangers in favor of cheaper polypropylene-laminated mild steel. Carrier switched to the cheaper product despite the fact that the industry standard was (and still is) to use stainless steel parts to prevent corrosion. Plaintiffs allege that the polypropylene separates from the steel and degrades due to the high temperatures in the furnace, exposing the underlying mild steel to acidic condensate. In some cases the corrosion proceeds to the point of actually perforating the outside wall of the heat exchanger.
In the United States, Carrier warrants the heat exchanger for the lifetime of the original purchaser and for 20 years for subsequent purchasers. Despite the warranty, plaintiffs allege that Carrier's condensing furnaces fail prematurely and well before their warranted and expected life.

12-20-2006

William A. Van Asselt Joins Lathrop & Gage as an Associate
William A. Van Asselt has joined the Kansas City, Mo., office of the Lathrop & Gage L.C. law firm as an associate in the corporate practice area.

Prior to joining the firm, Mr. Van Asselt worked as an associate for a Washington, D.C. firm in the area of communications law, with an emphasis on negotiating and drafting commercial agreements for media and telecommunications clients. Van Asselt was Executive Director of the Dr. Martin Luther King, Jr., National Memorial Project Foundation from 1998 to 2000, and the Director of Governmental Affairs from 1997-1998.

Van Asselt earned his bachelor’s degree in Political Science, magna cum laude, at the University of Missouri-Columbia in 1997 and his juris doctorate in 2003 from Harvard Law School.

12-20-2006

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