Law Firm News

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Law Firm News

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Morgan Lewis & Bockius LLP

Morgan Lewis Continues Expansion of Its Labor and Employment Law Practice Group in Southern California with Carla Feldman
Carla Feldman joined Morgan, Lewis & Bockius LLP as a Labor and Employment Law Practice Group partner based in Los Angeles. Carla has 20 years of litigation experience encompassing a spectrum of employment law issues including sexual harassment, gender discrimination, race and national origin discrimination, reasonable accommodation, breach of employment contract and Business & Professional Code § 17200. She has handled more than 100 jury trials.

A Southern California native, Carla will strengthen Morgan Lewis' ties with prospective clients in key industries based in the region. Her client experience has spanned major consultant, entertainment, civic and government clients. Carla is a well-respected member of the California legal community and has been named a Top Female Litigator for the last three years and a Southern California Super Lawyer for the last four years.

Carla obtained her J.D. from the University of San Diego in 1985, after receiving her B.A. from the University of California at San Diego.

Morgan Lewis' Labor and Employment Law Practice Group was acknowledged in The American Lawyer as the Litigation Department of the Year – Labor and Employment for 2006. Recently, Morgan Lewis was ranked as one of the top three labor and employment law practices by Corporate Counsel magazine's ""Who Represents America's Biggest Companies."" The firm has more than 230 labor and employment attorneys in the United States and Europe.

About Morgan, Lewis & Bockius LLP
Morgan Lewis is a global law firm with more than 1,200 lawyers in 20 offices located in Beijing, Boston, Brussels, Chicago, Dallas, Frankfurt, Harrisburg, Irvine, London, Los Angeles, Miami, New York, Palo Alto, Paris, Philadelphia, Pittsburgh, Princeton, San Francisco, Tokyo, and Washington, D.C. For more information about Morgan Lewis, please visit www.morganlewis.com.

04-13-2006

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Jackson Lewis, LLP

Change To Federal Transportation Law Raises Questions Regarding Applicability Of Motor Carrier Exemption
A new law relating to highway safety and appropriations may have inadvertently altered the scope of the ""motor carrier exemption"" contained in the Fair Labor Standards Act (""FLSA""). Even though it appears there was no intent to limit the exemption, modification of the definition of ""motor private carrier"" may have eliminated the exemption for operators of small vehicles, which long have been included in the scope of the exemption. The United States Department of Labor has yet to issue any guidance regarding the possible change, and apparently was unaware of the possible change to the exemption before the new law was passed. A senior official at the United States Department of Labor has stated the issue is under review. It is unclear whether the Department of Labor will recognize any change to the exemption.

The motor carrier exemption, codified at 29 U.S.C. § 213(b)(1), generally applies to employees who are transporting property in interstate commerce (but also includes intrastate transportation of goods if the transportation is part of a ""practical continuity of movement in the flow of interstate commerce""). It applies to ""motor carriers"" and ""motor private carriers"" and the exemption applied regardless of whether the employee transporting property was driving a commercial vehicle or a smaller or even personal vehicle because the definition of ""motor carrier"" and ""motor private carrier"" did not contain any weight limitations. Thus, thousands of employees who transport property in personal vehicles and small vans have been classified as exempt from the overtime requirements of the FLSA.

The limitation in the definition of motor carrier (and the possible resultant change in the scope of the exemption) arises from Congressional enactment, on August 10, 2005, of the ""Motor Carrier Safety Reauthorization Act of 2005"", Title IV of the ""Safe Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users"" (""SAFETEA-LU""). This statute addressed numerous issues relating to highway transportation, including federal appropriations. Within this massive legislation, spanning over 750 pages, is a section amending the definition of a motor private carrier to include only a ""commercial motor vehicle"" (as defined in 49 U.S.C. § 31132). Because the definition of a commercial motor vehicle excludes vehicles having a gross vehicle weight or rating of 10,000 pounds or less, the exemption may no longer apply to those employees, unless they fall within one of the other definitions of a commercial motor vehicle relating to transporting passengers or hazardous materials.1

04-13-2006

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Jackson Lewis, LLP

Additional Hour At Minimum Wage Not Owed Under New York\'s \"Spread Of Hours\" Requirement For Employees Earning Sufficiently Above The Minimum Wage According To A Recent Federal Court Decision And Opinion Letters Issued By The New York State Department of Labor
In December 2005, a federal district court judge, to the surprise of many, held that under New York's ""spread of hours"" regulation, an employer is required to pay employees (with certain exemptions such as exempt administrative, executive, and professional employees) an additional hour at the minimum wage when the ""spread of hours"" an employee works exceeds ten, regardless of whether the employee's hourly wage is greater than the minimum wage. See Yang v. ACBL, 04 Civ. 8987 (S.D.N.Y. December 5, 2005). The Court noted this holding was contrary to the position taken by the New York State Department of Labor (""DOL""), the agency responsible for enforcing the law. Nonetheless, the judge rejected the DOL's long-standing position. Then, in a case decided on March 31, 2006, another judge in the Southern District rejected the Yang decision, and, instead adopted the approach taken by the DOL (i.e., not requiring such payments under certain conditions). Thus, there is a split of authority in the Southern District of New York. See Chan v. Triple 8 Palace, 03 Civ. 6048 (S.D.N.Y. March 31, 2006).

The ""Spread of Hours"" requirement is contained in a New York State regulation, 12 NYCRR § 142-2.4. It provides ""an employee shall receive one hour's pay at the basic minimum hourly wage rate, in addition to the minimum wage required . . . in any day in which: (a) the spread of hours exceeds 10 hours; or (b) there is a split shift; or (c) both situations occur."" Id. ""Spread of Hours"" is defined as the interval between the beginning and end of an employee's workday, and includes working time, plus time off for meals, plus intervals of off-duty time. (12 NYCRR § 142-2.18).

The Department of Labor has weighed in on the debate, issuing two opinion letters on April 12, 2006, reaffirming its prior position. Relying on the Triple 8 decision, the DOL stated the Yang decision ""has been cast into doubt"" and that since two judges of the same Court disagree on the proper interpretation of 12 NYCRR § 142-2.4, because the most recent decision from that Court (Triple 8) agrees with the DOL's interpretation, ""the Department of Labor will continue its present interpretation unless and until further guidance comes from the U.S. District Court, Southern District of New York or a higher court.""

Pursuant to opinion letters issued by the DOL, so long as an employee is paid sufficiently above the minimum wage so that the wages cover this additional hour, an additional hour at the minimum wage is not due. For example, in one of the opinion letters issued on April 12, 2006, the DOL provides a situation where an employee is scheduled to work from 8:00 a.m. to 8:00 p.m. with a one hour unpaid break. The opinion letter provides that the employee must earn more than $81.00 in that day (eleven hours multiplied by the minimum wage (11 x $6.75) plus one hour at the minimum wage ($6.75) based on the spread of hours) to satisfy the spread of hours requirement. Thus, an employee earning at least $7.50 per hour would not be entitled to an additional hour of pay ($7.50 x 11 = $82.50).

04-13-2006

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Foley & Lardner

Foley & Lardner Expands Litigation Department With Addition of Frank E. Pasquesi and Robert H. Griffith
Foley & Lardner LLP announced today that Frank E. Pasquesi and Robert H. Griffith joined the firm's Chicago office as partners in the Litigation Department. The addition of Pasquesi and Griffith is the latest step in Foley & Lardner's strategic plan to develop national practices in niche areas, including complex commercial litigation, ERISA litigation and class actions.

“The addition of Frank and Robert will add significant breadth and depth to our litigation practices, particularly in the health care and financial services industries,” said Jon Wilson, chair of Foley & Lardner's Litigation Department. “Their complex commercial litigation experience will add tremendous value to the firm both nationally and in Chicago.”

Frank E. Pasquesi concentrates his practice on counseling Fortune 500 corporations in complex commercial litigation cases, including ERISA claims, class action lawsuits, consumer fraud claims and breach of contract claims. He also counsels clients on white collar criminal matters, such as government investigations, implements corporate compliance programs and conducts internal investigations. He is a member of Foley & Lardner's General Commercial Litigation Practice Group.

Pasquesi received his law degree from the Boston University School of Law and his bachelor's degree from Northwestern University.

Robert H. Griffith focuses his practice on representing corporate clients and their officers, directors and employees in the defense of class actions. He also handles cases of federal and state securities fraud as well as a variety of other complex litigation areas, including ERISA, financial services and general commercial litigation. In addition, Griffith regularly counsels corporate clients and their employees in connection with regulatory investigations and enforcement actions. He is a member of Foley & Lardner's General Commercial Litigation and Securities Litigation, Enforcement & Regulation practices.

Griffith received his law degree from the Chicago-Kent College of Law and his bachelor's degree from the University of Iowa.

Prior to joining Foley & Lardner, both Pasquesi and Griffith practiced in the Chicago office of Ungaretti & Harris, where they were partners in the Litigation Department.

Foley & Lardner LLP provides the full range of corporate legal counsel. Our attorneys understand today's most complex business issues, including corporate governance, securities enforcement, litigation, mergers and acquisitions, intellectual property counseling and litigation, outsourcing and information technology, labor and employment, and tax. The firm offers total solutions in the automotive, emerging technologies, energy, entertainment and media, financial services, food, golf and resort services, insurance, health care, life sciences, nanotechnology, and sports industries.

04-13-2006

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Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Professionals Join Baker Donelson
Firm bolsters its services in public finance, public law, more

Twelve attorneys with extensive experience in government law and public finance this week joined the Jackson, Mississippi office of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC. Attracted to Baker Donelson's reputation, scope and array of services, the attorneys previously practiced with McGlinchey Stafford, PLLC.

Joining the Jackson office of Baker Donelson as Shareholders are Stephen C. Edds, Wilton J. (Jerry) Johnson III, William S. (Bill) Mendenhall, Alan L. Moore, and D. Jeffrey (Jeff) Wagner. Jennifer R. Crowson, Sue Hicks Fairbank and Dewitt L. (Rusty) Fortenberry Jr. are joining the firm as Of Counsel. Joining as Associates are Jennifer Hale Brunetti, Virginia (Ginger) Todd Weaver, Ashley Young and Gretchen Zmitrovich. In addition to the attorneys, Michael Goode is joining as a public policy advisor.

""The addition of these highly qualified attorneys is in keeping with Baker Donelson's strategic long-term goal of adding ""best of class"" attorneys to the Firm. Baker Donelson is the largest law firm in the region and its Jackson office is already one of the largest in Mississippi. With this addition we will increase the number of our attorneys to 60 in the state,"" says Ben C. Adams, CEO and Chairman of the Firm. ""The timing of this addition is particularly important given the strength of these attorneys' practices in the areas of public finance and government law and Baker Donelson's work with the Mississippi Emergency Management Agency and the firm's commitment to the rebuilding of the Gulf Coast region.""

The group represents clients and has extensive experience in several areas and industries, including airports, housing, insurance, economic development, litigation and government investigations, public procurements and contracts, and public infrastructure. The new members of the Baker Donelson team have advised governmental issuers, borrowers and underwriters in general obligation and revenue bond financings for a multitude of projects including healthcare, economic development, public infrastructure, ports and airports, multi-family and single-family housing, higher education, water and sewer, and solid waste. Securing legislative and administrative solutions for clients is also a hallmark of their work.

Further, the new attorneys bring a wealth of knowledge beyond their individual practices. Mr. Fortenberry is a former Commissioner of the Mississippi Department of Public Safety and has served as Executive Director of the Mississippi Department of Homeland Security. Mr. Johnson has held positions with the U.S. Department of Justice and Department of Energy. After Hurricane Katrina, Mr. Johnson served as legal counsel to the Housing Committee of the Governor's Commission on Recovery, Rebuilding and Renewal, and Mr. Edds was involved in drafting the Gulf Opportunity Zone Act of 2005.

""We have the utmost professional regard and appreciation for McGlinchey Stafford, which made this decision very difficult for us. We are leaving one great law firm for another,"" says Jerry Johnson. ""We felt compelled to make the move to Baker Donelson because of the enhanced depth of service and expertise we will be able to offer our clients and because of the overall great fit and range of practice areas our combined knowledge will create. Our clients will benefit from a larger presence in Mississippi and the geographic footprint and the sophisticated national and international practice of the Baker Donelson firm.""

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC is one of the 100 largest law firms in the country. Through strategic acquisitions and mergers over the past century, the Firm has grown to include more than 450 attorneys, and public policy and international advisors. Baker Donelson represents clients across the U.S. and abroad from offices in Alabama, Georgia, Louisiana, Mississippi, Tennessee, Washington, D.C., and a representative office in Beijing, China.

04-13-2006

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Willcox & Savage, Attorneys at Law

Chambers USA Recognizes Willcox & Savage Attorneys
Chambers USA is recognizing Willcox & Savage attorneys in the 2006 edition of Chambers USA: America’s Leading Lawyers for Business.

The following attorneys are being recognized as leaders in their respective practices.

Bruce T. Bishop: Litigation
Thomas C. Inglima: Corporate/M&A
John Y. Pearson, Jr.: Litigation
Conrad M. Shumadine: Litigation

For the 2006 directory, members of the Chambers USA research team conducted telephone interviews with 10,000 clients and attorneys across the nation. The qualities on which rankings are assessed include technical legal ability, professional conduct, client service, commercial awareness/astuteness, diligence, commitment, and other qualities most valued by the client. For more information visit the Chambers USA web site.

Founded in 1895, Willcox & Savage services leading international, national, and regional clients out of its Virginia offices. A full-service law firm, Willcox & Savage is committed to representing clients in virtually all legal disciplines. For more information about the firm please visit www.willcoxsavage.com.

04-13-2006

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Whiteford Taylor Preston LLP

WHITEFORD, TAYLOR & PRESTON WELCOMES LEADING NONPROFIT LAWYER
Washington, D.C. - Whiteford, Taylor & Preston (WTP) is pleased to announce that Eileen Morgan Johnson has joined the firm as Counsel in the Nonprofit Organizations Group. Ms. Johnson will be based in the D.C. office.

Jonathan May, the head of the firm's Nonprofit practice group, commented, ""Eileen is a savvy, nationally known practitioner, with two decades of practical experience gained by guiding a national nonprofit through a wide variety of legal issues, from corporate governance, to tax issues involving for-profit subsidiaries, to employment issues. She brings our clients and our group an invaluable breadth of perspective and experience.""

Eileen Morgan Johnson served as in-house counsel at the National Wildlife Federation for almost twenty years, the last eight of which were as general counsel and corporate secretary. In that time, NWF had 4 million members and supporters, with 47 state affiliates, and several subsidiaries.

She received her law degree from Brigham Young University in 1982, and her bachelor's from the College of William and Mary in 1979.

Ms. Johnson has been active in the Virginia State Bar, where she served in various leadership positions of the Board of Governors of the Corporate Counsel Section, and in the national Association of Corporate Counsel. She has addressed ACC numerous times on issues related to both nonprofits and the general counsel function within an organization, and has published articles in Corporate Counsel News and the Legal Times.

In making the move to WTP, Ms. Johnson was drawn by the firm's approach to serving its nonprofit clients: ""As a former general counsel, I liked the holistic approach that WTP attorneys bring to their nonprofit clients. The breadth of experience in the firm is amazing. WTP is a wonderful resource for the nonprofit legal community and I am looking forward to spreading the word about it.

04-13-2006

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