Law Firm News

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Law Firm News

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Foster, Swift, Collins & Smith, P.C.

McCARGAR JOINS FOSTER SWIFT
Foster, Swift, Collins & Smith, P.C. is pleased to announce that George L. McCargar III has joined the firm’s Grand Rapids office. Formerly a partner with the firm of Russell & McCargar, Mr. McCargar joins the Foster Swift Banking, Finance and Real Estate Practice Group. Before his legal career, McCargar worked with CNN’s Washington, D.C. Bureau. He interned at the U.S. Department of Justice in Washington.

McCargar attended the University of Michigan and graduated from the University of California in Berkeley with a BA in English. His law degree was awarded by George Mason University School of Law in Arlington, Virginia.

McCargar’s primary areas of practice are creditor’s bankruptcy rights and litigation involving real estate, commercial litigation and probate matters. “George brings the Foster Swift Grand Rapids office a depth of experience that supports very nicely the growing practices we already have in West Michigan,” stated firm President, Gary McRay. “We are very happy to have him on board as we continue to expand and meet our clients needs here in Grand Rapids and on this side of the state,” commented Larry Korolewicz, the Grand Rapids office managing partner.

Mr. McCargar is admitted to practice in Michigan and holds membership in the State Bar of Michigan and its Real Property Section, the Grand Rapids Bar Association and inactive membership in the White House Press Photographers Association.

12-18-2006

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Certilman, Balin, Adler & Hyman, LLP

Federal Court Rules Out Multi-Million Dollar Antitrust Case Filed Against An Islandia Based Lumber Corporation
The United States Court of Appeals for the Second Circuit, located in Manhattan, handed Islandia based Sherwood Lumber Corp. a major victory by affirming the dismissal of a multi-million dollar antitrust case that had been filed against Sherwood. The plaintiff, C.B.C. Lumber Company (“CBC”), of Plainview, had alleged that Doman Industries Ltd., a Canadian lumber manufacturer of green hem fir lumber, violated the antitrust laws when it terminated CBC as a distributor, and replaced it with Sherwood as its exclusive distributor. CBC claimed that Sherwood had conspired with the Canadian company to bring about its termination.

In affirming the dismissal of the case, the Second Circuit, pointed out that it simply does not violate the antitrust laws to terminate a distributor and replace it with another who has an exclusive distributorship arrangement. “Exclusive distributorship arrangements are presumptively legal,” said the court. The Court ruled that plaintiff had not alleged facts sufficient to show harm to competition. In other words, the antitrust laws were enacted for the protection of competition, not for the protection of competitors. Thus, even if CBC were harmed by the termination of its distributorship, it did not mean that the lumberyards that purchased the lumber were harmed by CBC’s replacement with Sherwood. Assuming the truth of plaintiff’s allegations that the manufacturer enjoyed a monopoly in that particular type of lumber, it did not matter how many distributors it used to sell its product, or whether it distributed the product itself.

Thomas J. McNamara, a Partner in the L:itigation Group at Certilman Balin Adler & Hyman, LLP, represented Sherwood Lumber. According to McNamara, the decision would be of much interest to antitrust practitioners since the Twombly v. Bell Atlantic decision from the Second Circuit was argued before the United States Supreme Court on November 27, 2006 and is awaiting decision. In that case the Second Circuit said it was sufficient to state an antitrust claim to allege that the defendants had engaged in parallel conduct and conspired amongst themselves, in conclusory fashion, without the specification of facts constituting the conspiracy. Antitrust defendants will take some comfort from the Sherwood decision as it confirms that it is still possible to get an antitrust case dismissed before trial at the pleadings stage, despite the liberal pleading requirements applied in Twombly.

For further information regarding this case, contact Thomas J. McNamara at (516) 296-7057. The New York law firm of Wilkie Farr & Gallagher, LLP represented Doman. The attorney for the plaintiff was E. Christopher Murray of Reisman, Peirez, & Reisman in Garden City.

12-18-2006

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Winstead, Sechrest & Minick, P.C.

Winstead Team Helps Client with $800 Million Deal
Aon Corporation (NYSE: AOC), a Winstead Sechrest & Minick P.C. client, announced the successful sale of Aon Warranty Group (AWG) and its worldwide operations to Warrior Acquisition Corp., and the close of the sale of Construction Program Group (CPG) to Old Republic Insurance Company. The sale of AWF and CPG is expected to result in sales proceeds and dividends in excess of $800 million.

A team of Winstead attorneys led by Austin insurance and corporate shareholder Forrest Roan represented Aon in both sales transactions. Roan worked with David Knoll (corporate and insurance) and Fred Tuthill (tax and corporate) out of Winstead's Houston office, as well as Alex Gonzales (insurance and corporate) in the Austin office.

"This was a challenging and very complex transaction that required coordination of corporate restructure, reinsurance, tax, and insurance regulatory issues, which of course made it tremendously interesting as well," said Roan. "This transaction and our opportunity to represent Aon validates the firm's support for and the Insurance Industry Practice Group's efforts to assemble a highly-qualified team of experienced attorneys. This was truly a team effort, and we are absolutely pleased with this highly successful outcome for Aon."

Winstead's Insurance Industry Practice Group is composed of more than 30 attorneys who provide corporate, investment, regulatory, public policy and litigation support to the insurance industry. It is increasingly recognized as one of the preeminent insurance practice groups in the country.

Aon Corporation provides more insurance brokerage, reinsurance brokerage and risk management services than any other company in the world, and is a leader in human capital and management consulting and specialty insurance underwriting. Aon has 45,000 employees in 500 offices in more than 120 countries. Backed by broad resources, industry knowledge and technical expertise, Aon professionals help a wide range of clients develop effective risk management and workforce productivity solutions.

Winstead Sechrest & Minick P.C. is among the largest business law firms in Texas, representing major companies regionally and nationally in the real estate, financial services and technology industries. Winstead attorneys and consultants serve as trusted advisors to mid-market and large businesses, providing a core range of legal services that are critical to their operation and success. From its broad corporate practice to high-stakes litigation and appellate matters, Winstead has the power to perform for your business. Winstead has offices in Austin, Dallas, Fort Worth, Houston, San Antonio, and The Woodlands, Texas; and Washington, D.C.

12-18-2006

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Varnum LLP

Reuter Elected Secretary of Labor and Employment Section of
Varnum, Riddering, Schmidt & Howlett LLP attorney Allison C. Reuter was recently elected Secretary of the Grand Rapids Bar Association's Labor and Employment Law Section.

Reuter, a Labor and Employment attorney for the past eight years, focuses her practice on employment law and litigation, including proceedings before the Michigan Department of Civil Rights, Equal Employment Opportunity Commission, and National Labor Relations Board.

Reuter is a member of the American Bar Association, Labor and Employment Law and Young Lawyers Sections; State Bar of Michigan, Labor and Employment Law, Litigation and Young Lawyers Sections; the Michigan Defense Trial Counsel and the Defense Research Institute.

The Labor and Employment Law Section conducts educational programs, promotes the education of local bar members and the general public in those areas pertaining to Labor and Employment law. The group also sponsors meetings and seminars and publishes various legal writings devoted to those issues.

12-18-2006

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Varnum LLP

Affirmative Action in Higher Education After Proposal 2
This paper summarizes the primary issues facing public colleges and universities as they continue to analyze their response to Proposal 2 or the Michigan Civil Rights Initiative.

12-18-2006

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Stites & Harbison PLLC

Stites Attorney Announces Run for Governor's Office
Steven L. Beshear, a Member of the Stites & Harbison Lexington office, announced his plans to seek the democratic nomination for Kentucky governor. His partner on the ticket will be State Senator Daniel Mongiardo from Hazard, Kentucky. Below is his announcement.

Fate has an intriguing way of altering life.

Along my career path there have been two distinct routes. One is the public sector—the other the private sector.

Elected to three terms in the Kentucky House, then as Attorney General and later Lt. Governor, the political route was an invigorating experience.

It was so, because we accomplished good things for the people of this state!

And yes, I experienced a couple of defeats along the way.

They made me a better man.

They gave me an opportunity to spend additional time in the private sector and more importantly, with my family.

They enabled me to have an essential role in the management of a multi-state law firm as well as in the banking industry.

They gave me many opportunities to counsel others in the private sector, giving me additional and valuable insights into problems being experienced today by Kentuckians at all levels of society.

At all levels of business and industry.

Yes, fate has an intriguing way of altering the landscape! For today I am honored to be standing beside a truly remarkable man—a surgeon, state senator and one dedicated to helping the less fortunate.

Daniel Mongiardo is someone who recently inspired 850,000 voters to endorse him for the United States Senate in a hairline miss.

As Dr. Mongiardo and I surveyed the 2007 political landscape, reviewing the overall status of our Commonwealth, it became clear that the status quo is not acceptable.

We cannot continue to condone the same old approaches to our growing problems—approaches that have failed.

I believe the measure of a person is found through demonstrated competence in dealing with a highly complex, rapidly changing world.

I believe the measure of a person is honesty and forthrightness.

The measure of a person is in promises kept.

The measure of a person is taking responsibility for one's own actions. Yes, being accountable.

The measure of a person is how one demonstrates maturity of judgment, soundness of performance and doing what is right instead of what is politically expedient.

And the measure of a person is how successful one is in bringing people together to solve problems and get things done—without regard to political party or ideology.

Today, Daniel and I offer such qualifications to the people of Kentucky.

This election will be about qualifications—not ambition.

It will be about boldness—not mediocity.

It will be about fixing problems, not sweeping them under the rug.

Voters are crying out for leaders of trust, not career politicians.

They want leaders with experience and character.

And concerned citizens will not tolerate an administration undermining the state merit system laws protecting workers . . . or an administration jammed with political cronies.

Kentuckians deserve a future of job opportunity, job security and job safety.

Business deserves an administration that helps them expand while giving them the very best opportunity to create additional employment.

If we don't stimulate entrepreneurisum and small businesses now, we'll forever be left at the starting gate!

We must move beyond traditional economic development into the realm of superior economic ingenuity. The cold, hard fact is this:

At today's pace, our per capita income will not equal the national average for over 100 years! This is completely unacceptable!

Kentuckians deserve positive change—meaningful improvements—in health care access, lower costs and delivery of services.

Nothing will command our attention more.

Kentuckians deserve compassion, compassion for at-risk infants and children. And compassion for those in our military and in law enforcement who put their lives on the line everyday for the safety for your family and my family.

The Beshear/Mongiardo ticket is determined to replace the current drift and gridlock with renewal and reform.

We offer a bold vision for Kentucky families trapped between stagnant wages and soaring healthcare costs. We make a commitment to young workers—stymied far too long by lack of opportunity. To the children of this Commonwealth, we promise an all out effort to improve your health, your schools and your financial well-being.

As you can see, there's much to do. Actually, there are lots of great ideas out there. What Kentucky lacks is not great ideas but mature leaders who can take sound proposals and turn them into reality.

What Kentucky needs is leadership to bring people together in shared purpose.

A Beshear/Mongiardo administration will focus on all our citizens regardless of political affiliation, regardless of any other factors.

After all, we can't remain divided if we are to become a leader:

* Economically,

* Educationally,

* Recreationally,

* and in High-Tech.

I am proud to have Daniel Mongiardo on my ticket.
He has proven himself in the state senate, in the care of those sick and injured, in faithfulness to his principles and in inspiring others to bring Kentucky to the forefront of greatness.
He will be the most tireless and energetic Lt. Governor since . . . well, since Steve Beshear!
Together we'll give Kentucky that one-two punch so desperately needed to knock down the barriers holding back our potential.

12-18-2006

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Smith Anderson Blount Dorsett Mitchell & Jernigan LLP

Walter Rogers a Featured Presenter at NC Bar Association Foundation Seminar on Charitable Giving and Non-Profit Organizations
Smith Anderson Partner, Walter Rogers, presented at the NC Bar Association Foundation's Continuing Legal Education seminar (CLE), Beyond the Basics: Practical Issues Related to Charitable Giving and Non-Profit Organizations. This seminar provided attendees with a range of solutions to practical problems in making and accepting charitable contributions.

Mr. Rogers presented on Lawyers as Directors of Non-Profit Corporations and participated as part of a panel presentation and discussion concerning service by lawyers and Certified Public Accountants on boards of non-profit, charitable organizations. Mr. Rogers' presentation addressed several practical considerations including the duties of directors of non-profit corporations; special ethical concerns of lawyers serving as directors of their non-profit corporate clients; and limitations on lawyers representing others while serving as corporate directors.

If you would like a copy of Mr. Rogers' presentation, please contact Eileen LePage at elepage@smithlaw.com.

Mr. Rogers represents diverse clients in matters involving federal, state and local taxation; business transactions with tax implications; resolution of tax controversies; and organization formation and operation. His clients include businesses, individuals, trusts and estates; and tax-exempt organizations. His practice also includes assisting individuals with estate planning and advising executors, trustees and beneficiaries in matters of estate and trust administration. A frequent invited presenter and speaker, Mr. Rogers has written and lectured on various tax subjects including partnership taxation, tax-free exchanges, mergers and acquisitions, tax-exempt organizations, and estate and trust planning and administration.

12-18-2006

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