Law Firm News

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Law Firm News

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Haynes & Boone, LLP

Business Litigator Kenneth Rubinstein Joins New York Office of Haynes and Boone
Haynes and Boone, LLP announced today that Kenneth Rubinstein, a seasoned litigator and experienced trial attorney, has joined the firm as the co-head of its Business Litigation Practice Group in New York. Mr. Rubinstein is the eighth attorney to join Haynes and Boone’s New York office since August.

Mr. Rubinstein represents publicly held and private companies and individuals in a wide range of civil matters. He has extensive trial experience in federal and state courts as well as before arbitration tribunals.

Mr. Rubinstein’s practice is primarily focused on business and securities-related matters. He is frequently retained by companies and executives in matters involving the negotiation of employment and separation agreements, as well as in litigation involving restrictive covenants, breach of fiduciary duty, and unfair competition. He routinely provides counsel in disputes arising out of financial transactions and also has substantial experience conducting internal corporate investigations.

Mr. Rubinstein arrives at Haynes and Boone after almost five years as a partner in the litigation department of a mid-size New York firm where he worked closely with the corporate securities practice group that recently joined Haynes and Boone.

“We are delighted to welcome Ken to our New York team,” said Kenneth Bezozo, managing partner of the New York office. “His outstanding abilities and unique skill set - both in courtrooms and boardrooms - will serve to strengthen and broaden the firm’s top-notch, client-centric service across our many practice areas. We are looking to him to further develop and grow our expanding New York litigation practice.”

Mr. Rubinstein graduated with his B.A. degree, magna cum laude, from Queens College, City University of New York. He received his J.D. from Georgetown University Law Center in 1993.

The addition of Mr. Rubinstein, along with the recent additions to the firm’s New York Corporate / Securities practice, is part of Haynes and Boone’s strategic plan designed to enhance its corporate, securities, finance and capital markets capabilities in New York.

12-14-2006

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Flaster Greenberg

Managing Shareholder Peter R. Spirgel Appointed to Chamber of Commerce of Southern New Jersey
Peter R. Spirgel, managing shareholder at Flaster/Greenberg in Cherry Hill, will be sworn in as secretary and Peter R. Spirgela member of the executive committee of the Chamber of Commerce of Southern New Jersey (CCSNJ) for at its annual meeting and holiday party on Thursday, December 14, 2006. The event will be held at The Mansion on Main Street in Voorhees at 5:30 p.m.

Spirgel, who concentrates his practice in business and corporate taxation, mergers and acquisitions, and estate planning, was elected as a Director of CCSNJ in December of 2005. In his roles as secretary and executive committee member of CCSNJ, Spirgel will support the mission of CCSNJ to provide members with opportunities and resources to network and serve as a collective voice on public policy issues that impact business.

An attorney for nearly 20 years, Spirgel also represents businesses in loan transactions, real estate acquisitions and development. In his 11 th year as managing shareholder of Flaster/Greenberg, he has helped drive the firm's expansion from a tax boutique to a 65-attorney regional business law firm with offices in New Jersey, Pennsylvania and Delaware. He is a frequent lecturer on taxation and has presented seminars for the New Jersey State Society of Certified Public Accountants, state and local Bar associations, Rotary International, and Consulting Engineers Counsel of Pennsylvania. Spirgel is also the author of numerous articles on Federal and state taxation.

Spirgel is active in the community and is a member and past director and president of the Mount Laurel Rotary Club and a former director of the American Red Cross of Burlington.

County. The Cherry Hill resident is a 1985 graduate of Georgetown University Law School and holds an L.L.M. in Taxation from Temple University. Spirgel graduated summa cum laude from Boston University where he received a B.A. and B .S. in 1982.

12-14-2006

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Fasken, Martineau & Du Moulin, L.L.P.

MONDAQ awards Fasken Martineau for most popular article
4MONDAQ has awarded Gar Emerson's bulletin "Why Bernie Ebbers is Serving a 25-Year Jail Sentence" the most popular Canadian article viewed on their site in November, 2006.

Emerson's bulletin describes the case of Bernie Ebbers, former CEO of WorldCom, convicted of nine counts of conspiracy, securities fraud and other crimes related to the bankruptcy of WorldCom in 2002. This headline-grabbing case, which raises important issues in Corporate Governance, is thoroughly analyzed in the article. Bernie Ebbers's appeal was dismissed by a U.S. Court of Appeals and he began serving his sentence in September, 2006.

MONDAQ is one of the most comprehensive electronic resource databases that archives legal, regulatory and financial information (commentaries, papers, bulletins, etc.). supplied by hundreds of the world's leading professional advisors, covering over 70 countries. MONDAQ tracks readers who may have come upon the article either on the MONDAQ website (www.mondaq.com), via their personalised newsletters, or one of their feeds to 3rd party sites. Emerson's article was the most popularly read article from Canada in the month of November, 2006.

Fasken Martineau provides numerous relevant and timely articles to MONDAQ on a range of subjects. Recent topics include:

* Canadian Federal Government Announces New Taxes On Income Trusts
* New Life for the Abuse of Dominance Provisions of the Competition Act
* Internet Pharmacies - New U.S. Legislation Puts The Issue Back Into The Spotlight
* Special Issues with Canadian Exchangeable Share Structures in Cross-Border Transactions.

12-14-2006

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Fasken, Martineau & Du Moulin, L.L.P.

Best Lawyers in Canada: Nine Fasken Martineau lawyers recognized in the Labour and Employment category
Nine Fasken Martineau lawyers are recognized in Best Lawyers in Canada in the Labour and Employment category:

Bruce R. Grist, Gavin H.G. Hume, Michael W. Hunter, Patricia L. Janzen and Susan I. Paish from the Vancouver office
Brian O'Byrne from the Toronto office
Louis P. Bernier, Richard Martel and Ronald J. McRobie from the Montréal office

12-14-2006

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Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P.

Robert Shaddox Named Chair of Winstead's IP Section; Winstead Adds New Talent to IP Section
Winstead Sechrest & Minick P.C. recently named Robert C. Shaddox chair of the Intellectual Property (IP) Section. Shaddox is a shareholder in the Houston Office of Winstead with extensive experience in litigation and transactional matters related to patent, trademark, copyright, trade secret, unfair competition, and related intellectual property matters. He has in depth experience in several specific industry areas including nanotechnology, oilfield/energy, and engineering as well as technology transfer and representation of research institutions.

Shaddox has based his practice in Houston since graduating from the University of Houston College of Law, focusing originally on intellectual property litigation. He expanded his practice to technology transfer and nanotechnology matters by working with Dr. Rick Smalley, and continuing with others at Rice University, where he obtained his undergraduate degree in engineering.

In addition to naming Shaddox chair of the IP Section, Winstead recently added four new members to the section: attorney Khannan Suntharam; attorney William Ramey, III; patent agent Sarah Schofield Bittner, Ph.D.; and organic chemist Victor Behar, Ph.D.

Suntharam’s practice covers all aspects of intellectual property law including prosecution and litigation. On the prosecution side, his work has concentrations in integrated circuits, RFID systems, storage area networks, fiber channel networks, data transfer and file systems for computer networks, enhanced server capability, DVD players, wireless communications systems, power supplies and current generator circuits, phase detection circuits and automotive color-matching systems.

Ramey is a registered patent attorney with the United States Patent and Trademark Office. His practice involves drafting and prosecuting patent applications and representing clients in biotechnology, pharmaceuticals, polymers, specialty chemicals, chemical engineering, and mechanical industries including oil field service tools, medical devices and other complex mechanical applications.

Dr. Bittner's experience encompasses a wide range of technologies such as chemical, nanotechnology, materials, devices, catalysts, polymers, molecular computing, spectroscopy, optics, and pharmaceutical technologies. She prepares and prosecutes patent applications and understands the complexities involved in patent prosecution as well as the scientific and engineering development of emerging technology.

Dr. Behar is an organic chemist trained in the area of natural product syntheses. His impressive educational background includes a master's of science in chemistry from Yale University and a Ph.D. in chemistry from Columbia University. He taught organic chemistry at Rice University and ran a National Institute of Health graduate research program. His specialties are in drug development, small molecule syntheses and drug discovery.

“I am excited about these additions to our IP Section and I know that combining them with our already impressive list of attorneys and patent agents will help Winstead continue to provide clients the very best IP legal services available," said Shaddox.

With advanced degrees and experience in electrical engineering and chemistry, Winstead continues to expand its presence and solidify its reputation in the IP arena, excelling in the protection, defense, enforcement and transfer of intellectual property for clients. Shaddox leads a team of talented IP professionals who help Winstead clients through all aspects of protecting and maximizing their intellectual property. The team has broad experience in over 14 industry areas including biotechnology, pharmaceuticals, chemistry, electronics, semiconductors, nanotechnology and energy. They offer legal assistance in copyrights, IP litigation, patents, licensing, trade secrets and trademarks.

12-14-2006

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Varnum LLP

Inclement Weather Employee Absences Deductions
The Fair Labor Standards Act exempts employees who meet duty, salary level, and salary basis tests from the Act's minimum wage and overtime pay requirements. The salary basis test requires that an employee be regularly paid a pre-determined amount that is not subject to reduction due to quality or quantity of work actually performed. However, reductions in an exempt employee's salary are permitted in certain limited circumstances, such as full day absences for personal reasons or full workweeks when no work is performed.

The U.S. Department of Labor has provided the following guidance to employers on permissible deductions if an employer closes due to inclement weather or if an exempt employee is absent due to adverse weather conditions.

If an employer closes because of inclement weather conditions for less than one full workweek, exempt employees must be paid their full salary. Payment of the full salary is required because reductions cannot be made for absences caused by the employer or the operating requirements of the business when the employee is ready, willing, and able to work. An employer may debit an exempt employee's leave bank account for full or partial day absences due to inclement weather without putting the employee's exempt status at risk. But, an employer is obligated to pay the employee's full salary even if the employee has no accrued leave or has a negative accrued leave balance.

If an employer remains open during inclement weather, it must pay an exempt employee who has accrued leave his full salary, but may debit his leave bank account for full day or partial day absences. However, if an exempt employee has no accrued leave and fails to report to work due to adverse weather conditions, an employer does not have to pay him for any full day absence. The Department of Labor views such an absence as being for "personal reasons" under the applicable regulations. An employer may not make a deduction for any partial day absence if the employee has no accrued leave and fails to report to work.

Having a clearly communicated salary pay policy is important for all employers. The policy should prohibit improper deductions, include a complaint mechanism, promptly reimburse employees for any improper deductions, and make a good faith commitment to ensure future compliance.

12-14-2006

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Varnum LLP

OSHA Updates Avian Flu Guidelines
In anticipation of the avian flu reaching the United States, last month OSHA updated its 2004 guidelines on how to protect employees from the avian flu. The new guidelines include additional information and recommendations on how employers may prevent their employees from being exposed to the avian flu, and how to appropriately respond once a case is suspected, or confirmed. The new guidelines can be accessed at this link.

Although the OSHA guidelines are not an official enforcement standard, employers should follow the guidelines since OSHA will likely use them as an enforcement tool in determining whether an employer has violated its general duty clause obligations to provide employees with a workplace free from known, or recognized hazards. MIOSHA, which is obligated to maintain health and safety standards that are at least equivalent to OSHA standards, will also likely use the guidelines as a basis for alleging a violation of the general duty clause if an avian flu case is reported in a Michigan workplace.

In response to the avian flu guidelines, an employer with employees who have a "high risk" of exposure to avian flu should promptly draft and implement a written policy which explains to all such employees: 1) the hazards and symptoms associated with the avian flu, 2) the required safe work practices to follow in order to minimize potential exposure to the avian flu, 3) the procedures to follow if they believe they have become afflicted with the avian flu virus, and 4) the steps that will be undertaken to disinfect any work area suspected of harboring the avian flu virus. The policy should also identify a safety and medical officer responsible for ensuring compliance with the policy and who employees can use as a resource for asking questions, or raising concerns about the avian flu. Additionally, all employees who have a "high risk" of being exposed to the avian flu should be trained on their responsibilities under the policy. By taking these steps, an employer will not only ensure a safer workplace for its employees, but also minimize its potential liability under federal and state occupational safety and health laws.

The avian flu guidelines identify groups of employees who are most at risk of becoming exposed to the avian flu. The "high risk" groups include poultry employees, animal handlers other than poultry employees, laboratory employees, healthcare workers who treat patients with known or suspected cases of avian flu, food handlers (i.e., cooks, butchers), airport personnel who may encounter passengers who are infected with the avian flu, employees traveling on a temporary work assignment abroad, and U.S. employees stationed overseas. The list is not all-inclusive, however, and other employees may still be at risk of becoming afflicted with the avian flu depending on the nature of their job duties, and work location.

Avian flu (commonly referred to as the "bird flu") is caused by influenza type A viruses that normally only occur in birds. Avian flu is highly contagious among birds and has killed domesticated birds, such as chickens, ducks, and turkeys. In recent years, the avian flu has started to infect humans with approximately 150 human cases of avian flu being reported outside the United States since 2003. The illness is typically transmitted to humans via direct or indirect contact with secretions (nasal, oral, or fecal) from infected poultry. In order to avoid an outbreak of the avian flu virus in the workplace, OSHA suggests that an employer train all "high risk" employees with potential occupational exposure to avian flu on: 1) the "hazards associated with exposure to the [avian flu]," and 2) "the protocols in place in their facility to isolate and report cases or reduce exposures." The employer should also identify a safety and medical officer to be responsible for ensuring compliance with its procedures for minimizing employees' exposure to the avian flu.

The avian flu guidelines particularly emphasize training employees so they engage in safe work practices that will minimize their potential exposure to the avian flu. For example, health care employees should be advised to wash their hands before and after all patient contact, and as soon as possible after having contact with items contaminated, or potentially contaminated with respiratory secretions. They should also use personal protective equipment, such as facemasks, and gloves, for all patient contact, and use disposable equipment (blood pressure cuffs, thermometers), or other equipment that can be disinfected (stethoscope) before being used on another patient. Likewise, food handlers should follow proper food preparation and handling practices while handling raw poultry and poultry products, including regularly washing their hands and utensils, separating raw poultry from cooked, or ready to eat foods, and not continuously using the same chopping board or knife while preparing raw poultry throughout their shift. They should also avoid touching their mouths, nose, or eyes while handling raw poultry products.

In order to prevent an outbreak of the avian flu, an employer should also instruct its employees to be vigilant in identifying avian flu symptoms. Thus, employees should be trained on the various symptoms associated with exposure to avian flu, such as human flu-like symptoms (fever, cough, sore throat, and muscle aches), to eye infections, pneumonia, and other severe respiratory diseases. Employers should also encourage all employees working in high risk positions to annually receive a dosage of the current season's flu vaccine which will reduce the possibility of an employee's co-infection with the avian flu and human flu.

An employer should also ensure that its "high risk" employees understand the steps they need to undertake if they believe they have become infected with the avian flu. OSHA recommends that an employer initiate the following steps in order to avoid any spread of the illness upon learning of a known, or suspected case of the avian flu:

• Have the employee promptly seek medical care and prior to arrival at a hospital notify his or her health care provider of their possible exposure to the avian flu.

• Have the employee immediately notify the occupational safety and medical officer identified at the worksite.

• Have the employee stay home until 24 hours after resolution of symptoms unless an alternative diagnosis is established that explains the patient's illness, or diagnostic tests clearly show that the employee does not have the avian flu. While at home, the ill employee should practice good respiratory and hand hygiene to lower the risk of transmission of the virus to others.

It is also imperative that an employer immediately disinfect the contaminated area in which the infected employee was working since the avian flu virus may survive for several more weeks depending on the temperature and moisture conditions. In doing so, an employer should utilize chemical methods such as detergents and disinfectants, as well as physical methods such as heating, and drying the area in order to eradicate the virus.

12-14-2006

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