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HONIGMAN TO HOST FIRST ANNUAL GREAT LAKES TRIBAL ECONOMIC DEVELOPMENT SYMPOSIUM
Honigman Miller Schwartz and Cohn LLP will host the First Annual Great Lakes Tribal Economic Development Symposium, bringing together top leaders from Native American tribes, business leaders and entrepreneurs, and government representatives to explore the current environment for tribal economic development and ideas for creating and sustaining a fertile environment for the future. The symposium is co-sponsored by National City Bank, Deloitte Financial Advisory Services, and the Michigan State University School of Law’s Indigenous Law & Policy Center.

Topics will include:
• The political and regulatory environment for successful gaming and non-gaming tribal economic
development
• Strategies for creating effective business friendly environments for non-gaming development in
Indian country
• Existing Federal tax advantages and contracting preferences that encourage investment in Indian
country
• Tribal economic development success stories

10-26-2006

Research & Resources: How to Conduct Investigative Research of Public, Personal Records
The Internet has become an invaluable tool for obtaining personal and public record information. Anyone with a good working knowledge of the Internet can easily find a variety of information including minutes of a town board meeting, the licensing credentials of a professional, or real property records. However, certain information such as criminal records, vital statistics and some government data remains difficult to locate and in many cases, by virtue of law, unavailable to the public.

Real property records, judgments and adjudicated criminal records are, for the most part, within the public domain. However, absent judicial or statutory authority an individual’s driver license history, bank, and medical records are not within the public purview. A series of privacy measures recently enacted in New York prohibit the use and dissemination of phone records, further limit the use of Social Security numbers, and require businesses to properly dispose of any records which contain personal information.

There are many resources and ways of locating personal and public record information on the Internet. Two sites that offer a repository of free and fee-based resource links are the Virtual Gumshoe (www.virtualgumshoe.com) and BRB Publications Free Resource Center (www.brbpub.com/pubrecsites.asp.)

A number of Internet sites offer credentialing and licensing information. The New York State Office of the Professions Online Verification database (www.op.nysed.gov/opsearches.htm) provides status information for all licensees. Additionally, certification, misconduct, and malpractice information on physicians licensed in New York can be found at www.nydoctorprofile.com. Further, professional organizations such as the American Board of Medical Specialties (www.abms.org) also provide certification data.

The type and availability of criminal records on the Internet varies by jurisdiction. Criminal records on the federal level can be accessed through the PACER system. In New York there is no “one stop” shopping for this type of data. The New York State Office of Court Administration (www.courts.state.ny.us/apps/chrs/) is the only source for comprehensive criminal data available to the public. The office will search and supply a report of an individual’s felony and misdemeanor convictions and associated open or pending cases for a $52 fee.

Other sources of criminal record information in New York include the Department of Corrections Inmate Lookup, Monroe County Clerk’s Office Electronic Indexing System, which provides information on felony convictions, and the Onondaga County Sheriff’s Office, which provides online information about individuals incarcerated at the local level. Links to these and other state and local agencies can be found at www.nysegov.com.

Criminal records are considered public records in New York. With the exception of those sites noted above, there is no other comprehensive source of criminal or arrest records. As reported in a June 2003 Syracuse Post-Standard article, “…a statewide criminal record search is nearly impossible….The only way to look in all 62 counties is to drive to the 1,500 county, town and village courthouses across the state.”

Local newspapers are a good non-governmental source of criminal or arrest information. Newslink (www.newslink.com) and NewsLibrary (newslibrary.com) are two sites that supply links to newspaper links and archives.

Access to vital statistic information in New York is generally restricted to a named party or other legally recognized person including a spouse, parent, or anyone with a court order. However, it may be possible to ascertain whether a divorce or other domestic relations matter has been filed. For example, the Erie and Monroe County Clerk’s Offices online systems provide access to court filings. Genealogy websites such as USGenWeb (www.usgenweb.com), FamilySearch (www.familysearch.org), and Cyndi’s List (www.cyndislist.com) provide research tools which may prove useful when attempting to locate vital statistic information.

There are a number of ways to locate deed transfer and tax assessor information on the Internet. However, the depth and currency of the information varies by municipality. Most localities, including Buffalo, Syracuse, and Monroe County, offer this type of information on the Internet. Portico: Web Resources for Advancement Professionals (indorgs.virginia.edu/portico/) provides links to many localities both within and outside New York.

Public availability of personal property records on and off the Internet is very limited. Access to motor vehicle records and driving abstracts is restricted by federal law, but the Federal Aviation Administration (registry.faa.gov/aircraftinquiry/) and the United States Coast Guard (/www.st.nmfs.gov/st1/commercial/landings/cg_vessel2.html) each have searchable databases to locate information on aircraft and boats.

As previously noted the Internet provides easy access to a lot of government information, but not all data is readily available to the public. As a result, it is oftentimes necessary to file a freedom of information request. Although requesting information is a relatively easy process it may be years before the request is completed.

The New York Freedom of Information Law was recently amended to allow for an award of attorney’s fees and litigation costs. The statute now reads, in part, that fees and costs can be awarded if …the agency had no reasonable basis for denying access… or failed to respond to a request or appeal within the statutory time. Additionally, agencies are now required to develop a process by which requests can be transmitted via the Internet. The New York Government Information Locator Service (www.nysl.nysed.gov/ils/topics/govtrecs.htm) provides a list of public records officers for each state agency. A helpful resource for locating other states and federal agency information relating to freedom of information requests is the Society for Professional Journalists (www.spj.org.) This site includes a tool kit with information on requesting public records and sample forms. Additionally, the Reporters Committee for Freedom of the Press Open Government Guide (www.rcfp.org/ogg/index.php) offers a summary of freedom of information laws throughout the country.

Although the Internet has made researching and locating public and personal records easier and cheaper, it is critical to keep abreast of applicable federal and state law. The researcher should check the veracity of information found wherever and whenever possible.

10-26-2006

Kids@Home to Benefit from Thanksgiving Fundraiser
Orbis USA, a newly created organization dedicated to bringing together professionals and promoting the South Florida business community, will hold a Thanksgiving fundraiser at Tarpon Bend from 5:30 to 7:30 p.m. on November 9th to benefit Kids@Home.

Admission is $5 plus one non-perishable food item as a donation. Tarpon Bend is located at 200 SW 2nd Street. The party will be held on the second level of the bar.

Proceeds will benefit Kids@Home, a Boca Raton-based non-profit organization providing a comprehensive array of independent living and self-sufficiency care for teenagers who at 18-years-old are aging out of foster care. The goal is to ensure the safety, permanency and well being of teens as they transition from foster care by providing coordination and linkages to housing, education, employment, and caring adults.

"We think this is a great opportunity for our new organization to help give back to the community" said David C. Scileppi, an attorney with Gunster, Yoakley & Stewart, P.A. and co-founder of Orbis USA. Orbis USA is a non-profit organization that represents a cross-section of the South Florida business community.

10-26-2006

Garan Lucow Miller Attorneys Voted ASuper Lawyers
Garan Lucow Miller, P.C., with offices throughout Michigan, announces two shareholders have been selected by their industry peers as “Super Lawyers” in the inaugural national listing. From the Troy office Roger A. Smith was recognized for his achievements in government, cities and municipalities law. In Grand Rapids, Michael Wade was voted best lawyer for personal injury defense.
Super Lawyers are the top five percent of attorneys in each state as chosen by their peers and through the independent research of Law & Politics magazine.

10-26-2006

Baker Donelson Attorneys Author Executive Compensation Disclosure Guide
Practising Law Institute today published PLI's Guide to the SEC's New Executive Compensation Disclosure Rules, authored by Baker, Donelson, Bearman, Caldwell & Berkowitz, PC attorneys Gary M. Brown and Laureen K. Kuzur.

The guide explores the extensive changes to executive compensation and related party disclosure rules that the U.S. Securities and Exchange Commission adopted in July 2006. The new policies significantly alter compensation disclosure requirements in registration statements, proxy and information statements and annual reports in an effort to improve transparency and provide shareholders with better information. The guide also offers practical advice to in-house and outside counsel for compliance with these new rules.

Gary Brown, who is the head of the Baker Donelson Business Department, is also the author of PLI's most widely distributed book, Soderquist on the Securities Laws (formerly titled Understanding the Securities Laws). Since 1994, he has taught corporate and securities law at the Vanderbilt University School of Law and has been a frequent instructor at securities programs for the Practising Law Institute. He also frequently speaks and writes on areas including corporate governance, ethics and the reporting and disclosure obligations of public companies. Mr. Brown currently serves as general counsel to the Ethics and Compliance Officer Association, the world's largest organization of ethics and compliance professionals, and is a member of Law and Ethics Advisory Group for Midi, a leading provider of ethics and compliance learning solutions to Fortune 1000 and mid-sized companies.

10-26-2006

Kevin Riley Elected As a Fellow of the Texas Bar Foundation
Godwin Pappas Langley Ronquillo is pleased to announce that our Partner Kevin P. Riley has been nominated and elected as a Fellow of the State Bar of Texas. Each year fellowship in the Texas Bar Foundation is limited to 1/3 of 1% of licensed attorneys. Typically, these are the most outstanding lawyers, recognized for the highest levels of professionalism, ethical conduct and community-mindedness. In his election as a Fellow of the Texas Bar Foundation, Kevin joins a select group of the most outstanding lawyers in the State of Texas, including several here at Godwin Pappas.

The Texas Bar Foundations actively seeks and supports programs in need of financial and professional resources that encourage and promote legal assistance for the needy, education of the public and ethics in the legal profession. Grants from the Foundation's endowment fund many unique and worthwhile programs throughout the State.

10-26-2006

Ronald Bankston Becomes ABOTA Member
Godwin Pappas Langley Ronquillo is pleased to announce that our Partner Ronald G. Bankston has been granted membership into the American Board of Trial Advocates. This group is one of our nations most well respected trial bar organizations. The preservation of the civil jury trial, "Justice by the People," is ABOTA's primary purpose. They seek attorneys who display skill, civility and integrity, to help younger attorneys achieve a higher level of trial advocacy and to educate the public about the vital importance of the Seventh Amendment. ABOTA's national office is located in Dallas.

10-26-2006

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