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Asset-Backed Alert: Thacher Proffitt Mentioned as Issuers Counsel for Asset-Backed Bonds
The "Grapevine" section of the August 18th issue of Asset-Backed Alert said, "McKee ... trails only Thacher Proffitt among firms representing issuers.

08-18-2006

Mixed Ruling for Tobacco Industry
Paul M. Honigberg comments in The Wall Street Journal on the latest ruling in the government’s landmark lawsuit against the tobacco industry. U.S. District Judge Gladys Kessler ruled that the cigarette companies violated racketeering laws by deceiving the public about the dangers of did tobacco but said she didn't have the authority to order major financial remedies. The outcome illustrates the major change in the litigation landscape for cigarette makers, which just a few years ago were dealing with concerns about their viability.

""It's not the recovery for the federal treasury that the Clinton administration hoped for, but the wide-ranging relief she awarded vindicates the government's effort,"" says Paul M. Honigberg, a partner at Blank Rome LLP and a former member of the Justice Department's tobacco-litigation team.

The ruling accepted the government arguments about nicotine manipulation and the harmful effects of second-hand smoke, Mr. Honigberg added. ""I would say that Judge Kessler was convinced that the government proved its case and that she awarded all the relief that she could consistent"" with an earlier decision by the appellate court limiting the available remedies in the case.

“Cigarette Companies Escape Major Financial Penalty in Suit” by Vanessa O’Connell, Mark H. Anderson and Gary Fields appeared in The Wall Street Journal on August 18, 2006.

08-18-2006

PSWS Cited as Fastest-Growing Firm in Kansas City by the Business Journal
Polsinelli Shalton Welte Suelthaus grew nearly 19 percent in the number of Kansas City-area attorneys last year, pushing the firm to the fourth spot in the Kansas City Business Journal’s annual survey of the city’s largest law firms.

“We’ve been very fortunate to have growth, both with existing clients and with new clients, and that means opportunities for new lawyers,” the firm’s Managing Partner and Chief Executive Officer, W. Russell Welsh, told the Business Journal. “Our view is that growth is really the creation of opportunity. If we don’t grow, our younger lawyers don’t have the ability to develop professionally, and they’re the future of our firm. So I think we’ll continue to grow at a reasonable pace.”

The publication reported the number of local lawyers at Polsinelli Shalton Welte Suelthaus increased from 146 a year ago to 173. Across all offices, located in St. Louis, Chicago, New York and Washington, D.C., the firm’s number of attorneys for the same period grew from 234 to 283.

Polsinelli Shalton Welte Suelthaus has experienced “significant growth” in the past three years, particularly in the areas of financial services, business law and real estate, Welsh told the publication. “And a lot of our growth has been lateral growth. We’ve been able to afford lawyers a platform to expand their practices.”

Additionally, the firm moved up to fourth place in the annual Ingram’s list of top law firms in Kansas City.

08-18-2006

In Memoriam, Nicholas S. Freud, 1942 - 2006
The partners at Jeffer, Mangels, Butler & Marmaro LLP are mourning the loss of their friend and partner, Nicholas S. (Nick) Freud, aged 64. A distinguished international tax lawyer, Nick died at his home on August 18, 2006. We were fortunate to have him as our partner for the past 13 years.

A Fellow of the American College of Tax Counsel and a member of the Tax Commission of the Union International des Avocats, Nick’s career included active participation and membership in a long list of prestigious legal and tax organizations. He received his education at Yale University (A.B. 1963; J.D. 1967).

Nick was a multilingual, global citizen who was as equally at home in Europe and Asia as he was in North America. His clients included some of the world’s prominent families for whom he solved complex transnational business issues, and his law practice took him to cities worldwide. Nick and his family particularly enjoyed their frequent visits to Vienna, the ancestral home of Dr. Sigmund Freud, of whom Nicholas Freud was a direct descendent.

Nick practiced law with an extraordinary passion and integrity. His enthusiasm for his work, his dedication to his clients, his keen intelligence and humor, and his remarkable work ethic were an inspiration to all at our Firm. We will miss Nick’s daily witticisms and the “Cheers!” written above his name at the end of each memo and email message he sent.

In addition to his enthusiasm for the law, Nick was a connoisseur of wine and food, art and music, with particular love for the opera. He was devoted to his wife, Elsa, of San Francisco, and son Chris, of Vail, Colorado. A memorial service will be held on Saturday, September 16 at 3:00 p.m. at St. Luke's Episcopal Church, 1755 Clay Street (at the corner of Van Ness Avenue) in San Francisco.

08-18-2006

Damon & Morey Partner Appointed as the First Female Chair of the BAEC's Bankruptcy and Law Committee
Damon & Morey is pleased to announce that the Bar Association of Erie County has named Beth Ann Bivona the 2006-2007 Chairperson of Commercial & Bankruptcy Law Committee. She is the first woman and the third Damon & Morey attorney selected to hold this position.

Ms. Bivona is a Partner at Damon & Morey LLP who practices in the firm’s Business Litigation and Insolvency Department. She works primarily with businesses and professional clients on a variety of commercial disputes and insolvency matters. Her work includes commercial, federal and complex litigation, debtor and creditor counseling, representation in bankruptcy proceedings, and financial workouts.

The firm’s Chair of the Equine Practice Group, Ms. Bivona also represents barn owners, horse owners, trainers, and riders on various matters involving contract negotiations, disputes, and litigation.

Ms. Bivona serves on the Legal Committee of the New York State Horse Counsel. Her professional memberships include the New York State Bar Association, American Bar Association, Bar Association of Erie County, the Western New York’s Women’s Bar Association and Delta Sigma Pi, a professional business fraternity. Ms. Bivona is also the co-author of the section entitled “The Effect of Bankruptcy Acts” in the New York State Bar Association’s 2006 Supplement on Collections and the Enforcement of Money Judgments.

Ms. Bivona received her B.S. degree, cum laude, in Business Administration, from State University of New York at Buffalo in 1993 and her J.D. degree, cum laude, from Michigan State University Detroit College of Law in 1997.

The BAEC’s Commercial & Bankruptcy Law Committee deals with current substantive and procedural issues concerning bankruptcy law, the bankruptcy courts and commercial litigation in both state and federal courts. The committee provides ongoing legal education to its members while also serving as a liaison for the local bar to the United States Bankruptcy Court for the Western District of New York.

08-18-2006

TOM VERGAMINI ELECTED TO NORTHERN KENTUCKY CHAMBER OF COMMERCE BOARD OF DIRECTORS
Thomas P. Vergamini, an associate in the Northern Kentucky office of Taft, Stettinius & Hollister LLP, has been appointed to the Northern Kentucky Chamber of Commerce Board of Directors.

Vergamini, a resident of Crescent Springs, Kentucky, has an extensive and varied background in general civil matters including litigation, general corporate and commercial transactional matters, real estate, planning and zoning, and workers’ compensation. He received his undergraduate degree from Ohio State University, a M.S.L.S. from the University of Kentucky and law degree from Northern Kentucky University, Salmon P. Chase College of Law.

Vergamini is a member of the Crescent Springs City Council, the Northern Kentucky Area Planning Council and the International Council of Shopping Centers. He also serves as chair of the Chamber’s Environmental Issues Committee and is a member of Leadership Northern Kentucky Class of 2006-2007.

08-18-2006

Anticybersquatting Publication Requirement May Be Waived if Actual Notice Is Shown
Yahoo! Inc., represented by David Kelly of Finnegan Henderson, brought an in rem action against defendant Yahooahtos.com and 1,865 other domain names, alleging violations of the Anticybersquatting Consumer Protection Act (ACPA). Yahoo filed a motion seeking to waive the publication requirement. On August 8, the U.S. District Court for the Eastern District of Virginia held that a provision in the ACPA stipulating that a trademark owner must demonstrate due diligence in finding the accused domain name holder by publishing notice of the ACPA action may be waived if the domain name registrant has received actual notice of the action.

08-18-2006

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