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Christy Myatt Earns Top Honor From NC Board Of Legal Specialization
Greensboro, NC - Christine L. Myatt, a Member of Nexsen Pruet Adams Kleemeier in Greensboro, has been awarded the first annual Howard L. Gum Service Award by the North Carolina Board of Legal Specialization.

Myatt, who chairs the firm's bankruptcy and creditor rights group, was recognized for her service to the Legal Specialization program in North Carolina and for her outstanding leadership as a Board Certified Specialist in Business and Consumer Bankruptcy Law.

""We are all very proud of Christy,"" said Leighton Lord, board chairman of Nexsen Pruet. ""Winning the inaugural award says a lot about how respected she is in her practice area. She sets the bar of excellence high - and then keeps raising it. That’s what true specialists do.""

Myatt has two decades of general law practice experience, including 23 years in bankruptcy, workout, and receivership. She chairs the North Carolina Bar Association's Bankruptcy Section; is a former chair of the Bar Association's Board of Legal Specialization and Business Law Curriculum Committee; is a member of the American Bankruptcy Institute, the Middle District of North Carolina Bankruptcy Institute, and the Turnaround Management Association; and serves on the Rules Committee of the Middle District Bankruptcy Court.

Additionally, she has been named a North Carolina ""Super Lawyer"" in a Law & Politics survey and was included among Business - North Carolina's ""Legal Elite.""

Nexsen Pruet Adams Kleemeier, PLLC is one of the largest law firms in the Carolinas, with more than 170 attorneys and offices in Charlotte and Greensboro, N.C. and in Columbia, Charleston, Greenville, Hilton Head, and Myrtle Beach, S.C. Nexsen Pruet Adams Kleemeier provides a broad range of legal services to the business community and represents companies and other entities in local, state, national, and international venues.

04-24-2006

Top Technology Lawyer Wendy Gross Joins McCarthy Tétrault
McCarthy Tétrault, Canada’s leading full-service law firm, today welcomes Wendy Gross as a partner in the Technology Law Group in Toronto. Ms. Gross specializes in complex technology-related commercial transactions and intellectual property law for major corporations and financial institutions across Canada.

""Wendy is a terrific asset to us. Her wide-ranging experience complements every area of our technology practice and provides great value to our clients,"" said George Takach, Co-Head of McCarthy Tétrault’s Technology Law Group. ""We have the premier technology practice in Canada. Attracting skilled lawyers of Wendy’s calibre keeps us at the forefront of this fast-changing sector.""

Ms. Gross’s expertise includes joint ventures, outsourcing, and sophisticated development, licensing, distribution, support and ASP management. She also advises on matters relating to the protection, exploitation and enforcement of intellectual property rights. Another area of expertise is legal issues relating to privacy and data protection, security, domain names, Internet and e-commerce, marketing, advertising and contests. She is a registered trade-mark agent in Canada.

Ms. Gross is recognized in PLC’s Which Lawyer? Yearbook 2006 in IT and e-commerce, Lexpert/Thomson Canada’s Canadian Legal Lexpert Directory 2006 and Lexpert/American Lawyer Media’s Guide to the Leading 500 Lawyers in Canada. She also was recognized as one of Canada’s top 40 lawyers under 40. She regularly writes and speaks on the legal side of outsourcing, joint ventures, licensing and other technology transactions, commercialization of intellectual property, the Internet and e-commerce. She is a contributing editor of Federated Press's Intellectual Property Journal, and is a director of IT.Can.

With offices in all major Canadian financial centres, as well as London, U.K., McCarthy Tétrault advises on the largest transactions and cases in Canada. Authoritative legal directories such as the International Financial Law Review and the Guide to the Leading 500 Lawyers in Canada consistently rank McCarthy Tétrault among the world’s top law firms. Chambers Global: The World’s Leading Lawyers has described McCarthy Tétrault as ""clearly a leader"" with ""an enviable position in the marketplace."" With close to 700 lawyers representing a broad spectrum of practice areas, it’s easy to see why McCarthy Tétrault is Canada’s premier law firm.

04-24-2006

New U.S. structured finance partners in New York office
Allen & Overy announced today that U.S. structured finance partners Howard M. Goldwasser and Lawton M. Camp will join Allen & Overy as partners in its New York office.
Messrs. Goldwasser and Camp will join the capital markets practice, bolstering Allen & Overy's existing 15 lawyer team in New York that focuses on structured finance transactions and securitizations.

Messrs. Goldwasser and Camp come to Allen & Overy from Orrick, Herrington & Sutcliffe LLP. Their practices comprise a broad range of structured finance and securitization matters, including representing underwriters and other arrangers, originators and issuers, credit-enhancers, and investors in a wide variety of cash and synthetic collateralized debt obligations (CDOs); commercial and residential mortgage-backed securities; synthetic asset-backed securities (ABS); emerging market ""future flows"" securitizations; credit card, trade, lease and consumer finance receivables securitizations; and various other derivative instruments, structured finance products and securitizations.

""The structured credit markets have evolved significantly in recent years and will continue to do so,"" said partner David Wainer, who is head of Allen & Overy's structured finance practice in New York. ""Howard's and Lawton's depth and breadth of practice and experience, particularly in the strategically important area of cash and synthetic CDOs, and their flexibility to adapt to new products and new markets, make them outstanding additions as we look to build on our highly regarded structured and derivative products practice in the United States.

""Allen & Overy has a leading U.S. and international capital markets practice that includes one of the largest and most integrated global teams of lawyers handling derivatives, structured finance and securitizations.

Mr. Goldwasser became a partner at Orrick in 1999 and was resident in the firm's Tokyo office from 2001 to 2005, where he served as the managing partner of the office and headed the firm's Asian securitization and structured finance practices before returning to the United States in September 2005. He has a J.D. from Columbia Law School and a B.A. from New York University.

Mr. Camp became a partner at Orrick in 2001 and has spent his entire career in its New York office. He has a J.D. from Boston University School of Law and a B.A. from the University of Massachusetts, Amherst.

""Allen & Overy's New York office has been having an excellent year, with our highly successful derivatives and structured finance practice making a substantial contribution,"" said Dan Cunningham, senior partner of the New York office. ""Howard's and Lawton's appointments significantly strengthen our team in New York and illustrate our long-term commitment to this practice.

04-24-2006

Sheppard Mullin San Francisco Office Named to San Francisco Business Times\' \"Best Places to Work\"
The San Francisco office of Sheppard Mullin was named one of the city's "Best Places to Work" by San Francisco Business Times' in the publication's annual list. The rankings, published in the April 7 issue, are based on employee surveys and company benefits.

04-24-2006

STEVENS & LEE HEALTH LAW NEWS FLASH 
Three years after publishing the proposed rule, The Centers for Medicare and Medicaid Services (“CMS”) has published on April 21, 2006 a final rule which revises Medicare provider and supplier enrollment requirements that will affect all providers and suppliers that bill the Medicare program and wish to maintain Medicare billing privileges, both on an ongoing, routine basis and in connection with changes of information and change of ownership (“CHOW”) transactions. The final rule consolidates various Medicare regulations that are found throughout the Code of Federal Regulations into a new Subpart, 42 C.F.R. §424.500, et seq.
CMS states these rules are necessary to ensure that all Medicare providers and suppliers (referred to herein as “Providers” for simplicity, unless indicated otherwise) are qualified to provide health care services and to prevent “unqualified, fraudulent, or excluded” Providers from providing Medicare covered items and services. These new requirements are effective June 20, 2006.
Some highlights of the final rule:
• Enrollment Required: All Providers, including those currently billing Medicare, must complete and submit an initial CMS 855 enrollment form of the appropriate type.
o Failure to provide all required information or documentation on an initial application (or otherwise open a dialog with the enrollment contractor) within 60 calendar days of a request will result in rejection of the application. Rejection does not trigger appeal rights; the only recourse is to re-apply.
o Priority of Processing: 1) new enrollments; 2) enrollment applications for Providers with existing billing numbers; 3) Provider revalidation.
o Medicare fee-for-service contractors (intermediaries and carriers) (referred to as “Contractors”) will request enrollment applications from Providers that are already billing the Medicare program (but do not have a CMS 855 on file) in FY2006 and 2007, with a limited number of revalidations in FY2006 and 2007.
• Revalidation Process: All Providers will be required to revalidate enrollment information every 5 years. CMS may also request off-cycle revalidation at any time as necessary to validate questionable information. Contractors will notify Providers in writing of the need to revalidate.
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o Revalidation requires Providers to review, update and submit any changes and supporting documentation within 60 days of a request. If there are not changes, the Provider may simply sign, date and return the revalidation application.
• Expanded Site Visit Authority. Contractors may conduct unannounced site visits for any type of Provider to verify “questionable” enrollment information or as part of revalidation. Negative findings on site visits may be used to deny or revoke enrollment, subject to certain appeal rights.
o CMS declined to exclude certain types of Providers that are already subject to site visits as part of initial enrollment.
o These site visits are separate from survey and certification/conditions of participation compliance site visits, or visits that are made under a corporate integrity agreement.
o For initial enrollment, CMS may deny enrollment, if upon on-site review or other reliable evidence, it determines the provider is not operational to furnish Medicare covered items or services or does not meet enrollment requirements.
• No Grandfathering. CMS refused to adopt a suggestion to “grandfather” existing Providers from the enrollment and revalidation process.
• Changes in Enrollment Information. Individuals and organizations must update enrollment information to reflect changes in a timely manner, that is, within 90 days, except DMEPOS suppliers, that are currently, and continue to be, required to report changes within 30 days.
o Some examples of changes that must be reported: change in practice location, change in any managing employee, change in billing services.
• Change of Ownership (“CHOW”) Requirements. Under 42 C.F.R. §424.550(a), Providers may not: 1) sell Medicare billing numbers or privileges to any individual or entity; 2) permit another individual or entity to use its Medicare billing number; or 3) transfer its Medicare billing privileges except during a CHOW, as defined in 42 C.F.R. §489.
o Under 42 C.F.R. 424.550(b), both the current owner and the new owner must complete and submit an enrollment application before completion of the CHOW.
o If the current owner fails to do so, it may be penalized or sanctioned, even after the date of ownership change. If the prospective new owner fails to submit a new application containing information on the new owner within 30 days of the CHOW, CMS may deactivate the billing number.
o Similarly, an incomplete enrollment application may lead to deactivation. Generally, a CHOW that also changes the tax ID number requires completion and submission of a new enrollment application from the new owner.
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o CMS indicates that Providers do not have independent authority to sell or transfer any billing number assigned to another Provider or the billing privileges associated with that number and reserves the right to deactivate a Medicare billing number at any time prior to final transference of a provider agreement to a new owner because it wants to ensure that only owners for which CMS has adequate information to determine if the new owner should have billing privileges before complete validation of their CMS 855 and the transfer of the provider agreement actually have billing privileges.
• Grounds for Denial, Revocation and Deactivation. The rule specifies grounds for denial of enrollment, revocation of enrollment and billing privileges, and deactivation of Medicare billing privileges.
• Other Items of Interest:
o CMS is developing an electronic process for submission of applications and changes but does not expect it to be operational until sometime in 2007.
o CMS intends to publish proposed rules to implement a competitive bidding process for DMEPOS suppliers, including new quality and accreditation standards fro such suppliers.
o CMS will publish another proposed rule to specify timeliness standards for contractor processing of enrollment applications.
To read the full text of the Final Rule, click on the link above or go here: 77 Fed. Reg. 20753. Please contact any member of the Health Law Department if you have any questions or concerns about the provisions of the new final rule on Establishing and Maintaining Medicare Billing Privileges.
Charles M. Honart (610) 205-6017 cmh@stevenslee.com
Harriet Franklin (610) 205-6014 hf@stevenslee.com
Kirsten M. Raleigh (610) 205-6015 kmr@stevenslee.com
Catherine R. Urban (610) 205-6021 cru@stevenslee.com
John M. Hogan (610) 205-6013 jho@stevenslee.com
Alan M. Gnessin (610) 205-6027 amg@stevenslee.com
Larry B. Selkowitz (717) 561-6323 lbs@stevenslee.com
Joanne M. Judge (610) 478-2226 jmj@stevenslee.com
Jessica C. LaManna (610) 478-2233 jcl@stevenslee.com
James W. Saxton (717) 399-6639 jws@stevenslee.com
Christopher A. Stump (717) 399-6638 cas@stevenslee.com
Maggie M. Finkelstein (717) 399-6636 mmf@stevenslee.com
Anne E. Doliner (717) 399-6659 aed@stevenslee.com
Todd R. Bartos (717) 399-1723 trba@stevenslee.com
Walter P. McEvilly (302) 425-3300 wpm@stevenslee.com
Susan M. Gordon (302) 425-3303 smg@stevenslee.com
E. Thomas Henefer (610) 478-2223 eth@stevenslee.com
For information about Stevens & Lee or to view other Stevens & Lee News Flashes, go to http://www.stevenslee.com.
This memorandum does not constitute legal advice of Stevens & Lee, P.C., or any member of the firm with respect to the subject matter hereof.
The information presented and opinions expressed in this Memorandum are intended for general guidance only. They are not intended as
recommendations for specific situations. As always, readers should consult a qualified attorney for specific legal guidance.
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04-24-2006

Skadden, Arps Names Barnet Phillips IV Head of its REIT Practice Group
Skadden, Arps, Slate, Meagher & Flom LLP announced today that it has named Barnet Phillips IV global head of its Real Estate Investment Trust (REIT) Practice Group.

Mr. Phillips, a partner with the firm since 1981, has extensive experience advising clients on every type of transaction involving public and private REITs, including equity, mortgage, hybrid and special purpose REITs. As head of the practice group, he leads an interdisciplinary team of approximately 60 attorneys in representing REIT clients and their sponsors, underwriters, managers, boards of directors and special committees on all legal matters affecting REITs. This includes tax planning and compliance, mergers and acquisitions, corporate finance, corporate governance, securities law compliance (including the maintenance of exemptions to registration under the Investment Company Act of 1940), executive compensation, employee benefits and ERISA and antitrust issues.


Mr. Phillips has been identified as a leading lawyer in numerous professional guides, including Chambers Global: The World's Leading Lawyers for Business, Chambers USA: America's Leading Lawyers for Business and The Best Lawyers in America.


Skadden, Arps' prominence in REIT-related matters has been established through its attorneys' involvement in a number of novel transactions. Members of the firm's REIT Practice Group have been at the forefront of the expansion of the industry, and have participated in several innovations involving REITs, including the initial public offerings of some of the first umbrella partnership REITs (UPREITs), timber REITs and mortgage finance REITs. In addition, attorneys in the group have extensive experience with international transactions involving REITs, including joint ventures between U.S. REITs and non-U.S.-based real estate investors; investments by U.S. REITs abroad; and the formation of private U.S. REITs and related foreign investment vehicles to facilitate real estate investments by foreign investors.


The firm's leadership in REIT transactions has been recognized repeatedly in The American Lawyer’s annual ""Corporate Scorecard."" For example, in the 2005 ""Scorecard,"" Skadden ranked first as issuer's counsel in the number of issues and in aggregate proceeds of REIT equity offerings; and first as issuer's counsel in aggregate proceeds of REIT debt offerings in the U.S. market. In the 2006 ""Scorecard,"" Skadden ranked first as counsel to underwriters in REIT debt offerings by aggregate proceeds and second by number of issues.


Robert C. Sheehan, Executive Partner of Skadden, Arps, said, ""Barney's depth of experience makes him the ideal person to further the development of the firm's longstanding prominence in the REIT arena. He leads an interdisciplinary team of attorneys who are dedicated to providing our clients with superlative service.""


Mr. Phillips said, ""I am honored to assume leadership of Skadden's REIT Practice Group and continue the firm's com mitment of full service to our clients in this expanding area.""

04-24-2006

Reed Smith Partner to be Recognized by San Fancisco Bar Association for Volunteer Work
Reed Smith LLP, a top 25 international law firm, announces that Todd Toral, a partner in the firm’s Commercial Restructuring & Bankruptcy Group, is to be recognized today by the Bar Association of San Francisco Volunteer Legal Services Program (VLSP) with an Outstanding Volunteer in Public Service Award for 2005. This award is given to the top 10% of volunteers for their exceptional contribution to low-income clients of VLSP.

Mr. Toral provided significant support to the Berkeley Food and Housing Project (BFHP) and to the Center on Juvenile and Criminal Justice (CJCJ) -- both non-profit organizations. As the economy faltered over the last several years, these organizations both experienced significant reductions in funding. This situation placed them in the position of having penalty and interest assessments for payments of back taxes. Mr. Toral and his team were able to work with the IRS to reduce tax liabilities owed by CJCJ and negotiate-away penalties and late fees. They are currently in discussions to do the same for BFHP.

“Todd’s dedicated involvement with the Volunteer Legal Services Program of the San Francisco Bar Association exemplifies Reed Smith’s strong commitment to giving back to our community,” says David Thompson, Managing Partner for Reed Smith’s San Francisco office. “Speaking on behalf of his colleagues, we are proud of all his efforts on behalf of the Berkeley Food and Housing Project and the Center on Juvenile and Criminal Justice.”

Mr. Toral will receive the award during the annual VLSP Outstanding Volunteer Appreciation event held at Indigo Restaurant in San Francisco from 5:00 – 8:00 p.m.

About Reed Smith

Reed Smith LLP is a top-25 international law firm with nearly 1,100 lawyers located in 18 cities worldwide (14 in the U.S. and four in Europe). The firm represents clients ranging from Fortune 100 companies to mid-market and emerging companies. Clients include financial services firms, life sciences companies, health care providers, technology companies and entrepreneurs, power generators and suppliers, manufacturers, real estate companies, universities, and non-profit organizations throughout the world. For more information, visit www.reedsmith.com.

04-24-2006

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