Law Firm News

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Law Firm News

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Quarles & Brady

Labor & Employment attorney Rick Walker on Forbes' SkyRadio's discussing Whistleblower Protection Provisions
Whistleblower Protection Provisions, SkyRadio's "America's Premier Lawyers" featuring Labor & Employment attorney Rick Walker discussing the impact of the recent changes to the Whistleblower Protection Provisions. Airing on American, Northwest, U.S. Airways and AmericaWest airlines from December 2006 through February 2007.

10-31-2006

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Pierce & Atwood, L.L.P.

Litigation Practice Group Hires Three New Attorneys Fourth Joins Business & Tax Practice Group
The expanding litigation practice group at Pierce Atwood LLP has hired three new attorneys, with another new attorney being added to the firm’s business and tax practice group.

Attorneys Marcel Quinn and Will Saxe are 2006 graduates of the University of Pennsylvania Law School and Boston College Law School, respectively. Sean Sweeney is a 2006 graduate of the University of Maine School of Law. Ms. Quinn and Mr. Saxe are joining the litigation practice group, along with Mr. Sweeney who also joins the intellectual property practice group.

Attorney Kristin Schelfhaudt joins the business and tax practice group and is a 2006 graduate of Boston College Law School.

Pierce Atwood LLP was recently named a “Go-To Law Firm” for litigation by Corporate Counsel magazine, which surveyed Fortune 500 companies to identify the top one percent of law firms in a variety of practice areas. Litigation is the largest of the 17 practice areas at Pierce Atwood LLP.

10-31-2006

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Kamlet Shepherd & Reichert, LLP.

Receiverships May Prove to be Flexible Business Tools
Receiverships are flexible and valuable tools for businesses, property owners and lenders alike, providing a vital service. When a company or partnership is unable or likely to become unable to pay its debts, one solution may be the appointment of a receiver.

In Colorado real estate, receivers are appointed by the court to take possession of real property while the parties resolve any number of disputes. The receiver’s role is to protect, maintain and operate the property during this period. Colorado law also authorizes the appointment of a receiver in situations such as the dissolution of a corporation, the failure of an insurance company and the closure of a health care facility. The unifying factor in these court appointments, is that the power of the court is engaged to enforce the authority of a receiver.

The motion requesting the appointment of a receiver is the instrument which effectively creates the wide scope of receivership rights and duties. This pleading is the roadmap of the receivership estate and it is crafted by the party seeking to have the receiver appointed. It should be carefully considered, and drafted with the particulars of the specific receivership estate in mind.

When appointing a receiver, one important component to consider is clearly distinguishing whether the receiver is being appointed to take possession of an entity, or of the assets of that entity. If a receiver is appointed as the receiver of an entity, then to the extent of the receivership estate, the receiver must make good on all current and past obligations of that entity. The receiver steps into the shoes as it were, of the prior financial obligations of the business of its estate, and, to the extent of the financial capability of the receiver’s estate, the receiver must strive to meet the same financial obligations with which the borrower just struggled.

However, if the receiver’s obligation is to preserve the assets of an entity, then the receiver’s obligations are limited to those goods and services which are prospective in nature. Still, since the receiver’s duty is to preserve the receivership estate, even a receiver appointed to take possession of assets will likely find it prudent to cure or make current those obligations related to senior encumbrances, so as to maintain the integrity of the estate. Additionally, as a practical matter the receiver of assets will likely want to keep current the entity’s utility bill, along with its payroll.

While there is no prohibition in Colorado against appointing a lender as the receiver, there are some important legal and practical disadvantages to doing so. In any event, the receiver should be personally and professionally qualified to operate the particular estate in question, and the party seeking the appointment should consult with the receiver in preparing the Motion and other receivership pleadings.

The powers granted the receiver vary widely with the task at hand, but often include the ability to hire professional assistance, to pay some pre and all post receivership expenses, to conduct an inventory of the property, to operate bank accounts and modify insurance policies, to assume certain contracts, and to manage, maintain and operate the property.

You should not rely on any information provided in this legal update or in Advantage without first seeking legal or other professional advice. There is no guarantee that the information provided in this legal update or in Advantage is current, accurate, complete, or applicable to your particular circumstances.

10-31-2006

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Honigman Miller Schwartz and Cohn LLP Attorneys and Counselors

Kenneth R. Marcus Appointed to the Editorial Advisory Board of CCH Health Care
Kenneth R. Marcus, a senior partner in the Health Care Department of the Detroit-based law firm of Honigman Miller Schwartz and Cohn LLP, has been appointed as a member of the CCH Health Care Editorial Advisory Board. The Advisory Board’s focuses on reimbursement issues within health programs as they affect the titles offered in their Reimbursement Portfolio suite of products, including CCH’s Medicare and Medicaid Guide and Aspen’s Dennis Barry’s Reimbursement Advisor.

Ken has practiced health care law for more than 23 years and is nationally-recognized in the areas of Medicare and Medicaid payment appeals. He is a 1984 magna cum laude and Order of the Coif graduate of Wayne State University Law School, received his Masters in Health Services Administration from the University of Michigan in 1978, and a Bachelor of Arts degree, in 1971 from the State University of New York at Sony Brook. Ken resides with his family in West Bloomfield, Mich.

10-31-2006

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Healy & Baillie, L.L.P.

Blank Rome Enters Asia with Hong Kong Office
In October 2006, Blank Rome opened its first office in Hong Kong. Our expansion into the Asia market was driven by the needs of our clients with business operations around the world. As a gateway to one of the world’s fastest growing economies, Hong Kong serves as a center of business, influence, and opportunity for many of the industries our clients represent. The office was established as a result of the strategic combination of Blank Rome LLP and the international law firm Healy & Baillie LLP.

The attorneys in our Hong Kong office bring a diverse collection of experience in the practice of law and international business, as well as unmatched experience serving the international maritime industry. In addition to the full-service maritime practice in this jurisdiction, Blank Rome's Hong Kong office offers practices in litigation, insurance, corporate, financial services, and international trade law. We serve local and international clients with sophisticated transactions and litigation that cross multiple jurisdictions.

With principal offices in Washington, DC, New York City, and Philadelphia, PA, Blank Rome’s opening of a Hong Kong office is the second significant development in the firm’s international expansion this year. Recently, Blank Rome announced a strategic alliance with Brussels-based public affairs and public relations agency Interel. This partnership links Blank Rome and Interel core competencies to provide a seamless US-EU legal, public affairs, government relations, and strategic communications service offering to companies and organizations who are increasingly impacted by decisions taken on both sides of the Atlantic.

10-31-2006

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Healy & Baillie, L.L.P.

Firm Boosts Philadelphia Business Group
Blank Rome LLP is pleased to announce that Helen Han Mountain has joined the Firm as an Associate in the Business Department. Ms. Mountain will be based in Blank Rome’s Philadelphia office.

Ms. Mountain joins Blank Rome after serving as an Associate with the law firm of Duane Morris in Philadelphia, where she concentrated her practice in the areas of corporate governance, mergers, stock and asset acquisitions, private placements, loan agreements as well as general business transactions. Ms. Mountain also has experience submitting documents for filing with the Securities and Exchange Commission, including periodic reports and registration statements, state securities commissions, and banking and insurance regulatory authorities. Ms. Mountain also served as a Judicial Clerk in the Chambers of the Honorable Michael M. Baylson.

Actively involved within the legal community, Ms. Mountain serves on the Executive Committee of the Asian American Bar Association of the Delaware Valley. In addition, Ms. Mountain is a member of the Philadelphia Bar Association and National Asian Pacific American Bar Association.

10-31-2006

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Healy & Baillie, L.L.P.

Commercial Litigator Brings Arts Experience
Blank Rome LLP is pleased to announce that Jonathan Scott Goldman has joined the Firm as an Associate in the Litigation Department. Mr. Goldman resides in Cheltenham, Pennsylvania and will be based in Blank Rome’s Philadelphia office.

Prior to joining Blank Rome, Mr. Goldman served as an Associate with the New Jersey law firm of Sherman, Silverstein, Kohl, Rose & Podolsky, P.A. Mr. Goldman specializes in commercial litigation including contract, insurance, and real estate disputes, as well as litigation in the areas of personal injury, and trusts and estates.

Admitted to practice in Pennsylvania and New Jersey, Mr. Goldman received his law degree from Temple University Beasley School of Law, where he served as Executive Articles and Symposium Editor for the Temple Political & Civil Rights Law Review and received the Albert H. Friedman Award for the best guided research paper upon graduation. Mr. Goldman holds a Master of Fine Arts from Tufts University, School of the Museum of Fine Arts and a Bachelor of Arts from Princeton University, Woodrow Wilson School of Public and International Affairs.

10-31-2006

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