Law Firm News

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Law Firm News

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Gardere Wynne Sewell LLP

Gardere Partner Selected As Tri-Country Delegate
Gardere Wynne Sewell LLP partner Carl S. Richie Jr. is one of just 25 delegates selected to represent the United States at the 2006 Tri-Country Conference Sept. 10-13 in Edinburgh, Scotland. The biennial conference brings together representatives from the United States, Canada and United Kingdom to discuss housing and community development needs.

The Tri-Country Housing Conference began in 1989 under the auspices of the International Committee of the National Association of Housing and Redevelopment Officials (NAHRO.) Richie is involved with NAHRO at the state, regional and national level.

Last year, Richie received the Elizabeth B. Wells Memorial Award, NAHRO’s highest award for a public housing commissioner, and the Commissioner’s Service Award from the Southwest regional chapter of NAHRO. In 2003, Richie was named Commissioner of the Year by the Texas NAHRO Chapter. He serves on the both the national and regional Commissioner’s Committee and is legislative consultant for the Texas NAHRO chapter.

Carl has been a longtime, tireless advocate of affordable housing and his dedication has helped an untold number of people in Austin and across the United States,” said Gardere Managing Partner Steve Good. “Everyone at Gardere is confident that his participation in this conference, where there is such an energetic exchange of ideas, will ultimately serve to help even more people internationally.”

As an attorney, Richie, who once served as Deputy Chief of Staff to Texas Governor Ann W. Richards, currently represents clients before the Texas Legislature on a broad array of issues. Additionally, he represents clients before state and federal administrative agencies on issues relating to education, electric utility regulation, environmental regulation, housing, financial services, occupational licensing, taxes and worker’s compensation.

Gardere Wynne Sewell LLP, an AmLaw 200 firm, was founded in 1909 and is one of the Southwest’s largest full-service law firms. With offices in Dallas, Austin, Houston and Mexico City, Gardere provides legal services to private and public companies and individuals in areas of litigation, corporate, tax, environmental, labor and employment, intellectual property, and financial services.

08-04-2006

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Tonkon Torp LLP

NIKE, Inc. Selects Tonkon Torp as a "Go-To Law Firm"
NIKE, Inc., Oregon's only Fortune 500 Company, selected Tonkon Torp as a ""Go-To-Law Firm"" in the recent ALM Directory of Go-To Law Firms. Tonkon Torp was selected by NIKE as a primary law firm in the areas of corporate transactions, litigation, and labor and employment. American Lawyer Media, the nation's leading legal journalism and information company, developed the directory by asking the general counsel at each of the Fortune 500 companies which firms they turn to first to handle their legal affairs in six practice areas.

Tonkon Torp has performed legal services for NIKE since 1980 in practice areas including public offerings, litigation, commercial transactions, employment, securities, and mergers and acquisitions. Tonkon Torp has assisted NIKE with significant company and brand acquisitions, including Converse, Bauer, Cole Haan, and Hurley.

08-04-2006

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Rath, Young & Pignatelli, P.C.

President Signs Law Blocking State Taxation of Retirement Payments to Nonresident Partners
On Aug. 3, President Bush signed into law H.R. 4019, which clarifies that states may not tax nonqualified retirement benefits paid by a partnership to its retired nonresident partners.

Stan Arnold (Senior Tax Policy Advisor for Rath, Young and Pignatelli) provided testimony in favor of the bill before the Subcommittee on Commercial and Administrative Law of the House Judiciary Committee. (See prior news item.) Mr. Arnold is the former Commissioner of the New Hampshire Department of Revenue Administration and the former President of the Federation of Tax Administrators. He testified on behalf of Rath | Young client, PricewaterhouseCoopers.

Public Law 104-95, enacted in 1996, prohibited states from taxing the retirement income of nonresidents. Certain states, including New York, had taken the position that this law did not prevent the state from taxing nonqualified retirement benefits paid by a partnership to its retired nonresident partners because Internal Revenue Code Section 3121(v)(2)(C) applied only to employees, not partners.

As stated in the House Judiciary Committee Report on the bill:
""H.R. 4019 is intended to make clear Congress's original intent when it passed section 114, i.e., to limit the taxation of retirement income to the State in which the retiree residess, whether the retirement payments are made to a retired employee or a retired partner. H.R. 4019 merely confirms and continues this Congressional intent.""

The new law is effective for retirement amounts received after December 31, 1995, so that the original intent of Congress is enforced as of the original enactment date of the 1996 legislation.

Rath | Young is pleased to have assisted its client and others to resolve an adverse state tax determination efficiently and appropriately, by working through the legislative process to make certain that citizens can rely on clear actions Congress when it decides to resolve a state tax question.

08-04-2006

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Schnader Attorney At Law

Gable to Participate in International Law Colloquium
Kelly Gable has been asked to serve as a rapporteur for one of seven sessions at the annual colloquim of the International Institute of Space Law, which will be held this October in Valencia, Spain.

08-04-2006

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Schnader Attorney At Law

Schnader Well Represented in Chambers USA
Congratulations to the following attorneys who are listed in the new edition of Chambers USA, America's Leading Lawyers for Business (2006): Antitrust: Sherry Swirsky; Environment: Robert Collings; Litigation-General Commercial: Dennis Suplee; Real Estate: Kenneth Rosenberg, Marilyn Kutler.

08-04-2006

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McKenna Long & Aldridge LLP

Contract Price Adjustments Under the SCA Are Allowed for Increased Contractor Costs, Even if the Required Benefit Level Did Not Increase
The Court of Appeals for the Federal Circuit recently ruled that a contractor was entitled to recover its increased costs of paying required health benefits under the Service Contract Act ("SCA"), even if the prescribed level of benefits did not increase. The court held that the FAR's SCA Price Adjustment Clause provided for recovery where the contractor incurred more costs to pay its employees health benefits under a collective bargaining agreement.

08-04-2006

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Peckar & Abramson

Consolidation of the Civilian Boards of Contract Appeal
In January 2006, President Bush signed in to law the National Defense Authorization Act for Fiscal Year 2006 (NDAA). Among other important provisions, the NDAA included provisions that will consolidate the various civilian boards of contract appeals into a single board - the Civilian Board of Contract Appeals - which will operate within the General Services Administration.

08-04-2006

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