Law Firm News

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Law Firm News

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Dickie, McCamey & Chilcote, P.C.

Standards for Defining "Retaliation" Under Title VII Have Been Broadened
Under Title VII of the Civil Rights Act, an employer cannot discriminate against an individual for opposing a practice forbidden under that Act, or for participating in an investigation, proceeding or hearing under that Act. Such discrimination is considered to be "retaliation." However, federal Circuit Courts of Appeal have differed on the issues of whether the employer's action must be directly related to the individual's employment, and how harmful that action must be to constitute retaliation. The Supreme Court has determined that the antiretaliation provision of Title VII does not limit prohibited retaliation to employment-related actions, but that the provision relates only to those actions that would have been "materially adverse" to a "reasonable" employee or applicant.

07-05-2006

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Bricker & Eckler LLP

Ohio Attorney General Issues Proposed Rules on Charitable Transparency; Potential Burden on Nonprofits High
On June 29, 2006, Ohio Attorney General Jim Petro released a 46-page set of proposed rules calling for nonprofit hospitals and other Ohio charities to adopt various policies and provide significant amounts of information to the state concerning their activities.

07-05-2006

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Bradley Arant Boult Cummings LLP

IRS Approves Leave-Sharing Plans
The Internal Revenue Service (IRS) has released a notice on the federal tax consequences of leave-sharing plans. The notice permits employees to deposit leave in an employer-sponsored leave bank for use by other employees who are adversely affected by a ""major disaster"" declared by the President. The leave-sharing plan must meet the following requirements:

Donations must be used for employees affected by a ""major disaster"" that causes severe hardship to the employees (or their family members) and that requires the employees to be absent from work.

Donations may not be made for a specific leave recipient.
Yearly donations may not exceed the maximum amount of leave that an employee normally accrues during the year.

The leave recipient may receive paid leave (at his or her normal rate of compensation) from leave deposited in the leave bank for uses related to the major disaster.

The leave-sharing plan must have a reasonable limit, based on the severity of the major disaster, on the period of time after the major disaster occurs during which a leave donor may deposit the leave and the leave recipient must use the leave.

A leave recipient may not convert leave received into cash in lieu of using the leave; however, a leave recipient may use leave received under the leave-sharing plan to eliminate a negative leave balance that arose from leave that was advanced to the leave recipient because of the effects of the major disaster. A leave recipient also may substitute leave received under the plan for leave without pay used because of the major disaster.

The employer must make a reasonable determination, based on need, as to how much leave each approved leave recipient may receive under the leave-sharing plan.

Leave deposited on account of one major disaster may be used only for employees affected by that major disaster. Except for an amount so small as to make accounting for it unreasonable or administratively impracticable, any leave deposited under the leave-sharing plan that is not used by leave recipients by the end of the permitted period must be returned within a reasonable period of time to the leave donors (or, at the employer's option, to those leave donors who are still employed by the employer) so that the leave donor will be able to use the leave.

If the leave-sharing plan meets the requirements discussed above, the IRS will not assert that a leave donor who deposits leave in an employer-sponsored leave bank under a major disaster leave-sharing plan realizes income or has wages with respect to the deposited leave, provided that the leave-sharing plan treats payments made by the employer to the leave recipient as wages for the purposes of employment taxes and withholding. It is also important to note that a leave donor may not claim an expense, charitable contribution, or loss deduction on account of the deposit of the leave or its use by a leave recipient.

The IRS has previously issued guidance permitting employers to establish leave-sharing plans for medical emergencies and leave-based donation programs to charitable organizations. The new notice is consistent with prior guidance in providing that the amounts donated are not includible in gross income, treated as wages for employment tax purposes, or subject to income tax withholding with respect to the leave donor, provided the requirements of the notice are met.

07-05-2006

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Bingham McCutchen, LLP

New Precedent in the Law Governing Massachusetts Close Corporations: Forced Buyout of Minority Shareholder Upheld on Appeal
A panel of the Massachusetts Appeals Court has affirmed, by a two-judge majority, an unprecedented judgment directing the majority shareholders of a Massachusetts close corporation to purchase the shares held by a "frozen-out" minority shareholder.

07-05-2006

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Alston & Bird LLP

Preeminent Global Sourcing Attorneys Join Alston & Bird Creating One of the Strongest Sourcing and Procurement Practices
Trevor W. Nagel and Lee Van Blerkom have handled some of the world’s largest and most complex global sourcing transactions.

Alston & Bird LLP announced today that Trevor W. Nagel and Lee Van Blerkom have joined the Washington, D.C. office as partners in the firm’s Technology Group. Both Dr. Nagel and Mr. Van Blerkom were previously with the Washington, D.C. office of Pillsbury Winthrop Shaw Pittman LLP.

“Trevor and Lee are two of the most prominent global outsourcing professionals,” said Ben Johnson, Alston & Bird’s Managing Partner. “They have handled some of the world’s largest and most complex cross-border sourcing transactions, representing many of the world’s preeminent companies. We are pleased to welcome them to Alston & Bird.”

Dr. Nagel will serve as the Chair of Alston & Bird’s Global Sourcing Practice. The team will advise and assist public and private sector clients on a wide range of legal and business issues relating to complex sourcing and procurement transactions, including structuring, negotiating and implementing information technology, network management and business process outsourcing transactions and strategic co-marketing arrangements, joint ventures, and strategic alliances.

“Trevor and Lee are exceptional sourcing lawyers with unmatched global experience, maintaining a deep knowledge of global trends, and a thorough understanding of the issues our clients encounter,” said Christopher D. Ford, who is the head of Alston & Bird’s Outsourcing Practice. “Their experiences structuring and negotiating a wide variety of strategic sourcing transactions coupled with our strengths in outsourcing and technology, as well as, mergers & acquisitions, corporate finance, private equity and securities create one of the most developed sourcing and technology related practices in the country.”

“Alston & Birds’s reputation as a leading U.S. firm and its growing representation of a globally oriented client base make it an attractive platform to expand our sourcing and procurement practices,” said Dr. Nagel. “We look forward to playing a significant role in the increasing globalization of Alston & Bird.” Chambers USA recently ranked Alston & Bird’s Outsourcing Practice as one of the best practices in the nation, commending the practice group on its exceptional technical knowledge, tireless client service and ability to combine the business and legal aspects of outsourcing.

About Trevor W. Nagel

Dr. Nagel is a preeminent global sourcing attorney, accomplished scholar, professor, author and frequent speaker. He has considerable experience representing clients in the U.S., European Union and Asia Pacific and advising them on a wide range of legal and business issues relating to technology and outsourcing transactions. He is currently listed as a leading outsourcing attorney by Chambers USA and as “among the top 10 highest nominated IT lawyers in the world’ by Legal Media Group in 2006. Before coming to the U.S., Dr. Nagel was a professor at both the University of Sydney Law School and the Elton Mayo School of Management at the University of South Australia. Dr. Nagel earned his S.J.D from Harvard Law School; LL.M. from the University of Chicago Law School; and LL.B., Dip.Ed. and B.A. from the University of Adelaide.

07-05-2006

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Brown, Raysman, Millstein, Felder & Steiner, L.L.P.

Brown Raysman’s Frederick Cohen Appointed Chair of the Construction Law Committee of the New York City Bar Association
Brown Raysman Millstein Felder & Steiner LLP is proud to announce that partner Frederick Cohen was appointed Chair of the Construction Law Committee of the New York City Bar Association, effective September 1, 2006. Mr. Cohen’s appointment is a reflection of his dedicated service to the Association as well as a testament to his highly esteemed reputation as one of the leading construction law attorneys in the country.

Frederick Cohen is Co-chair of the Construction Law Group at Brown Raysman Millstein Felder & Steiner LLP. His former firm, Ross & Cohen, LLP, joined Brown Raysman in February 2006, assembling one of the largest and most experienced construction law practices in the country. Mr. Cohen’s extensive involvement in the Construction Law Committee will further strengthen the firm’s presence in the construction law community.

As Committee Chair, Mr. Cohen will head up initiatives involving important legal and policy issues related to current legislation, amicus briefs filings, and the planning and hosting of CLE programs and other events of interest and importance to the construction industry.

“I am honored to have been appointed as Chair of the Construction Law Committee,” said Fred Cohen. “I look forward to further contributing to the work of this Committee and to this great organization.

Brown Raysman Millstein Felder & Steiner LLP has built on its international reputation as a leader in the area of technology and intellectual property law to emerge in the new millennium as a renowned 275 attorney general practice law firm. Today, the focus of the firm extends from technology and intellectual property law to real estate finance, leasing and construction and corporate transactional work, as well as securities, mergers and acquisitions, commercial and IP litigation, communications, bankruptcy, media, life sciences, outsourcing, healthcare, trusts and estates, space and satellite, tax and employment law. The firm advises clients through an integrated network of offices located in New York, Hartford, Los Angeles, Silicon Valley, Uniondale and Morristown.

07-05-2006

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Fowler, White, Boggs & Banker, Attorneys At Law

Karen Dean elected to the Board of Directors of The Spring Of Tampa Bay
Karen A. Dean, a shareholder with the law firm of Fowler White Boggs Banker, has been elected to the board of directors of The Spring of Tampa Bay. The Spring of Tampa Bay has provided sanctuary to more than 28,000 abused adults and their children since 1977. It is the largest of Florida’s 41 certified domestic violence shelters.

Ms. Dean practices in the firm’s Health Care Practice Group and concentrates her practice in the area of medical malpractice litigation.

Fowler White Boggs Banker is one of Florida’s oldest and largest law firms with more than 230 attorneys in ten offices throughout Florida in Tampa, St. Petersburg, Ft. Myers, Tallahassee, Orlando, Naples, West Palm Beach, Bonita Springs, Jacksonville and Boca Raton. For more information, visit www.fowlerwhite.com.

07-05-2006

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