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HILL WALLACK LLP PARTNER FEATURED SPEAKER ON PAY TO PLAY AT NJSBA, NJAC SEMINARS
Paul P. Josephson, partner-in-charge of the firm's Regulatory & Government Affairs Practice Group of the Princeton law firm of Hill Wallack LLP was recently a featured panelist at the New Jersey Institute for Continuing Legal Education Seminar “Pay to Play: The New Rules of the Game.” The following day, he chaired the New Jersey Association of Counties 56th Annual Conference Seminar “Pay to Play Update and Other Best Practices for Public Entities.” Mr. Josephson gave presentations at both seminars on the pay to play rules with practical guidance on how they affect government and those dealing with the government. He discussed legal compliance and best practices overview for public entities in the areas of pay to play, corporate governance, government contracts, procurement, labor and ethics.

Mr. Josephson concentrates his practice in Administrative Law and Litigation, including Election and Campaign Finance Compliance and Government Ethics. Mr. Josephson previously served as Chief Counsel to the Governor, and as Assistant Attorney General and Director of the Division of Law within the New Jersey Office of the Attorney General. In the latter capacity, he managed a 550-attorney division responsible for all civil representation of the State of New Jersey. Born and raised in Essex County, Mr. Josephson graduated from Montclair Kimberley Academy. He earned his undergraduate degree from the University of Michigan, and his J.D. with honors from the National Law Center at George Washington University. He currently resides in Holmdel with his wife Jodi and their two children.

08-15-2006

Final SEC Rules Issued on Executive Compensation Disclosures
The SEC issued the text of its final rules on executive compensation disclosures on August 11 (the commissioners had voted to approve these rules in late July). As expected, the rules will be effective for the 2007 proxy season. We attach a summary of key changes in the rules and copies of the new disclosure tables.

08-15-2006

Joseph Nabor Presents an IP Program at the McGill University
Joseph Nabor presented two advanced intellectual property programs at the McGill University in Montreal. The programs were presented as part of the summer courses organized by the Intellectual Property Institute of Canada and McGill University addressing various aspects of intellectual property. On August 15, Joe spoke regarding U.S. and Canadian trademark prosecution practice, and discussed the Madrid Protocol from a U.S. perspective. Joe, a partner at Fitch, Even, focuses in the areas of trademark, copyright and unfair competition law.

08-15-2006

Los Angeles jury says public owns Malibu Pier name
A landmark pier called the Malibu Pier belongs to the public, a U.S. District Court jury has ruled, telling a businessman he could not use the name for his Web sites and a clothing line.

The state Department of Parks and Recreation is the rightful holder of the Malibu Pier name and the corresponding Internet domain name, the jury said.

Businessman Stephen Harper began using the Malibu Pier name after learning the state had not registered the name when it acquired the deteriorating structure 26 years ago.

The case centered on whether private entities could co-opt the names of public landmarks for business purposes.

""I'm extremely gratified that we have set a precedent for the entire state park system in establishing that these famous names belong to the people of California,"" state parks director Ruth Coleman said in a statement.

Harper registered four Malibu Pier-related names with an Internet domain registrar in 1999, when a pier restoration project was announced.

In 2003, Harper contacted the pier's state-picked concessionaire to suggest that the group join him in a marketing alliance through his Web page.

Malibu Pier Partners declined, telling Harper the state owned the trademark. The group told Harper that it had an exclusive 20-year contract and warned him not to use the name.

Days later, Harper filed an application with the U.S. Patent and Trademark Office for exclusive use of the name ""Malibu Pier"" in connection with a clothing line, the state's lawyer Richard Sybert said.

The parks department sued him in March 2005 and has since incurred hundreds of thousands of dollars in legal fees defending the pier's name.

""A valid trademark is established through use, not registration, and can be extended to related goods and services,"" Sybert said. ""It's the whole Southern California beach culture - Gidget, Malibu beach, the whole fun-in-the-sun culture.""

The jury agreed in its Aug. 11 decision.

Harper attorney Cris Armenta said she planned to file a motion asked U.S. District Judge Dale S. Fischer to set aside the verdict. Harper also plans to appeal.

The state, Los Angeles County and Malibu have spent about $6 million (€4.72 million) renovating the century-old pier, which is designated as a California Point of Historical Interest.

Parks officials said in a statement that the names ""Malibu Pier"" and ""Malibu Sportfishing Pier"" have been registered as California state trademarks.
2006-08-15T19:17:18

08-15-2006

The YWCA of Western New York Elects Five Officers To Lead The Organization
The YWCA of Western New York is pleased to announce it has elected its 2006-2007 Executive Committee. These members include: Barbara Schifeling, Esq. - President, Bette Smith - 1st Vice President, Yvonne Evans - 2nd Vice President, T. Nicole Grant - Treasurer, and Sue Sweet - Secretary.

The YWCA of Western New York is the largest provider of child care services in the region. The local organization provides transitional housing for women and offers leadership training for women and girls. The YWCA of Western New York is also well-known for its programs promoting racial justice and the training of female candidates for public office.

Ms. Schifeling is a Senior Litigation Partner and member of the Management Committee at Damon & Morey LLP. Ms. Smith is a Group Manager in Sales Support for Verizon. Ms. Evans is a Supervisory Program Analyst for the Internal Revenue Service. Ms. Grant is a Branch Manager at Key Bank. Ms. Sweet is a Property Manager for the Main Seneca Corporation.

Since its founding in 1855, the Young Women’s Christian Association (YWCA) remains as the oldest and largest women’s multicultural organization in the world. The YWCA is a women’s membership movement that strives to eliminate racism and empower women by creating opportunities for women’s growth, leadership, and power in order to attain a common vision: peace, justice, and dignity for all people. The YWCA currently has over 25 million members from around the world which includes 206 million members and participants in 300 local associations in the United States. For complete information, visit the YWCA’s local web site at www.ywca-wny.org.

08-15-2006

ADRIAN THOMPSON JOINS CLEVELAND OFFICE OF TAFT, STETTINIUS & HOLLISTER
Adrian Thompson has joined the Cleveland office of Taft, Stettinius, & Hollister LLP as partner in the Labor department. Prior to joining Taft, Thompson worked as chief legal counsel for the Cleveland Municipal School District.

Thompson received his J.D. from The Ohio State University School of Law and B.A. from Bowling Green State University.

Taft, Stettinius & Hollister LLP has offices in Cincinnati, Columbus, Cleveland, Dayton and Northern Kentucky. The firm provides a broad range of legal services to businesses and individuals, including litigation, corporate and business law, securities and municipal financing, tax and estate planning, labor and employment law, real estate and environmental, health care, intellectual property and unfair competition and antitrust law.

08-15-2006

HEALTH CARE ALERT; NEW STARK LAW EXCEPTIONS AND ANTI-KICKBACK SAFE HARBORS FOR ELECTRONIC PRESCRIBING AND HEALTH RECORDS
On August 8, 2006, the US Department of Health and Human Services (HHS) published final regulations concerning the use of electronic prescriptions and electronic health records. HHS did so in a two-step rulemaking, creating regulatory exceptions to the Physician Self-Referral Law (Stark) through a rulemaking by the Centers for Medicare and Medicaid Services (CMS) and comparable safe harbors to the Anti-Kickback Statute through a separate rulemaking by the HHS Office of Inspector General (OIG). The new rules will become effective on October 10, 2006.

Significant changes from the proposed rules include: (1) clarification that the e-prescribing regulations apply to technology used to prescribe any item or service traditionally provided by prescription, rather than merely pharmaceuticals; (2) elimination of pre- and post-interoperability standards in favor of a single, currently effective interoperability certification process; (3) a significant broadening of the criteria on which donors may select recipients; and (4) a requirement that recipients pay 15% of the cost of donated electronic health records software and software or information technology and training services.

08-15-2006

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