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Law Firm News

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Mayer Brown LLP

Deported illegal alien wants to remain in U.S. for hearing
An immigration attorney
told an apparently divided Supreme
Court on Wednesday that a 1996 law denying
hearings to deported aliens who
returned to the United Sates unlawfully
does not apply to deportees who illegally
reentered before April 1, 1997, the statute’s
effective date.
A U.S. government lawyer countered
that the 1996 Illegal Immigration Reform
and Immigrant Responsibility Act essentially
applies retroactively, denying a hearing to
any illegal reentrant regardless of the date
of reentry. That argument won in the 10th
U.S. Circuit Court of Appeals, prompting
Humberto Fernandez-Vargas to appeal to
the justices.
Fernandez-Vargas, a Mexican national,
was deported without a hearing in 2004
after residing in the United States for more
than 20 years, during which he married an
American woman and fathered an American
boy. He arrived in the United States illegally
in 1982, after repeated deportations for
immigration violations.
During the hour-long court session,
Justice Antonin Scalia expressed strong
support for the government’s position, saying
that he could not fathom Congress
telling deportees they could illegally reenter
the United States by a given date and
still be entitled to a hearing. But Stephen G.
Breyer and other justices voiced concern
that denying hearings to pre-April 1997
reentrants would punish the American
loved ones of illegal immigrants, such as
Fernandez-Vargas, who have been in the
United States for many years.
Pressing Fernandez-Vargas’ appeal, attorney
David M. Gossett sought to disabuse
Scalia of his belief regarding Congress’ hard
line toward illegal immigrants.
Gossett argued that federal lawmakers
clearly intended that the 1996 law apply
only to people who illegally reentered on or
after April 1, 1997, by making the law effective
on — and not before — that date.
Congress also declined to include in the law
language from earlier immigration acts that
clearly stated they would apply to actions
that occurred before their effective dates,
Gossett said.
“When Congress changes text over time, it
matters,’’ added the Washington, D.C., lawyer.
But Scalia was not convinced that
Congress would be sensitive to the desire of
illegal reentrants for a hearing.
“These are people who have been deported
once,’’ Scalia said. “You really think
Congress wanted to keep faith … with these
people who are violating the law? That is a
… touching attitude for Congress to have.’’
Scalia also suggested an alternative significance
to April 1, 1997, one which punishes
illegal reentrants — such as Fernandez-
Vargas — who have eluded capture. Rather
than marking the deadline for people who
wish to reenter illegally and still be entitled
to hearing, perhaps April 1, 1997, marks the
first day those already in the United States
illegally will be denied a hearing, Scalia said.
Justice Samuel A. Alito Jr., echoing
Scalia’s point about the date’s meaning, said,
“Aren’t there several possible explanations’’
for Congress’ failure to include “before’’ language
in the 1996 law?
Assistant U.S. Solicitor General Sri
Srinivasan, agreeing with the two justices,
said Congress showed no intent in passing
the 1996 law to “grandfather’’ current illegal
reentrants and allow them to retain their
right to a hearing after April 1, 1997.
Instead, federal lawmakers set that date as
the start for new rules governing the deportation
of all illegal reentrants, namely the
denial of hearings, he said.
But Breyer expressed concern with shutting
off hearings for people who illegally reentered
the United States before April 1, 1997.
Such an iron-clad interpretation would deny
people who have been in the country for
many years, albeit illegally, an opportunity to
argue that they have been productive, lawabiding
residents with American wives and
children and should be allowed to remain,
Breyer said.
Justice Ruth Bader Ginsburg added that
Fernandez-Vargas should presumably be
allowed to argue at a hearing that he has a
right to remain in the United States to help
raise his teenage son, who was born before
April 1, 1997.
And Justice John Paul Stevens called it
strange that the Constitution could arguably
bar Congress from passing a law requiring
current illegal reentrants to pay an extra
$50 in fines, under the ban on ex post facto
criminal laws, but allow Congress to withdraw
their right to plead their cases to
remain in the country.
“It’s a serious thing, and it affects a lot of
people,’’ Stevens said, noting the many illegal
reentrants in the United States.
The high court is expected to render its
decision by July in the case, Fernandez-
Vargas v. Gonzales, No. 04-1376.
After reentering the United States illegally
in January 1982, Fernandez-Vargas
lived for more than 20 years as a law-abiding
resident of Utah, where he owned a trucking
business. He also fathered a U.S.-born
child, Anthony, in 1989 with his long-time
American companion, Rita, whom he married
on March 30, 2001.
Rita filed an application for an immediaterelative
visa for Fernandez-Vargas, who then
paid a $1,000 penalty fee for having entered
the United States illegally in 1982. In the fall
of 2003, he went to a U.S. immigration office
in Salt Lake City for an interview related to
the visa application. There, an officer of the
U.S. Bureau of Immigration and Customs
Enforcement arrested him.
On Nov. 17, 2003, the Department of
Homeland Security issued a warrant commanding
his removal from the United
States based on his illegal reentry in 1982.
Fernandez-Vargas was deported from the
United States to Juarez, Mexico, on Sept. 9,
2004, while his appeal was pending in the
10th Circuit. His wife and son still reside in
Utah.

03-22-2006

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Miles & Stockbridge P.C.

TWO NEW LAWYERS BRING NOTABLE BUSINESS AND GOVERNMENT EXPERIENCE TO MILES & STOCKBRIDGE’S CORPORATE PRACTICE
BALTIMORE, MD, March 22, 2006 – Miles & Stockbridge P.C. announced today that J. Gregory Yawman has joined the firm’s Business Department as Counsel, and that Melinda S. Kramer has also joined the Department as an associate. Both lawyers will be located in the firm’s Baltimore office. They bring the total number of Miles & Stockbridge corporate and business lawyers to nearly 50.


Yawman represents business clients in such corporate matters as public and private offering of securities, venture financing, mergers and acquisitions of both public and private companies, securities law compliance, and general corporate counseling and representation. He joins the firm after serving approximately 12 years as in-house counsel at McCormick & Co., Inc. While there, Yawman counseled McCormick in the establishment or operation of wholly owned subsidiaries and joint ventures in Mexico, Uruguay, Australia, Japan, China, Indonesia and Thailand. He also advised McCormick on co-pack agreements, distribution agreements, licensing agreements and other strategic alliances in many of these countries.


Kramer counsels business clients on a variety of general corporate and transactional issues. She had served since 2001 as Attorney-Advisor in the Division of Finance of the U.S. Securities & Exchange Commission. In that capacity she reviewed and analyzed annual and quarterly reports, proxy statements, and registration filings for a wide range of corporate transactions, and advised companies on ways to improve their information disclosure. She also provided interpretive advice on SEC rules, regulations and staff interpretations to companies and shareholders.


""Greg and Melinda will enhance the real world experience that Miles & Stockbridge brings to our corporate clients,"" states J.W. Thompson (Topper) Webb, head of the firm’s corporate and securities practice. ""Having served as in-house counsel to a multinational food products company, Greg combines wide-ranging corporate and securities experience with particular strength in handling cross-border transactions. And Melinda’s work as an attorney with the Securities & Exchange Commission gives her an insider’s perspective on a variety of regulatory and compliance issues. The skills of both these new lawyers reinforce our position as one of the preeminent corporate law firms in the Mid-Atlantic region.""


Yawman is a graduate of the State University of New York at Buffalo School of Law, where he was Editor-in-Chief of the Buffalo Law Review. He is admitted to practice in Maryland. Kramer is a graduate of the University of Maryland School of Law, where she graduated with Honors and was a member of the Order of the Barristers. Her practice admissions include Maryland and the U.S. Fourth Circuit Court of Appeals.


Miles & Stockbridge


Founded in 1932, Miles & Stockbridge P.C. is one of the leading law firms in the region, with offices in Baltimore, Cambridge, Columbia, Easton, Frederick, Rockville, and Towson, MD, and Tysons Corner, VA. The firm represents a wide spectrum of clients – from international corporations and financial institutions to closely held businesses and individuals – in litigation matters and in general business, corporate and real estate transactions. The firm has substantial experience representing manufacturers, real estate firms and financial institution

03-22-2006

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McAfee & Taft A Professional Corporation

Steven T. Ledgerwood Elected Fellow of the American College of Trust and Estate Counsel
Oklahoma City, OK - March 22, 2006
Steven T. Ledgerwood, a shareholder with the law firm of McAfee & Taft, has been elected a Fellow of the American College of Trust and Estate Counsel.

ACTEC consists of more than 2,600 trust and estate lawyers and professors from the United States and Canada whose peers elect them on the basis of professional reputation, abilities in the fields of trust and estate law, and exceptional contributions made to these fields through lecturing, writing, teaching and bar activities.

Ledgerwood’s practice primarily involves representing high net worth families and business entities with regard to income tax, wealth transfer, choice of entity, succession, reorganization, tax appeal and tax litigation matters. He most recently served as the leader of McAfee & Taft’s Tax and Family Wealth practice group for two terms. Ledgerwood holds a Juris Doctor from the University of Oklahoma College of Law and an LL.M. in taxation from New York University.



About McAfee & Taft
McAfee & Taft is the largest law firm in Oklahoma, serving clients throughout the Southwest and nationally in the areas of aviation, business law, corporate and securities, employee benefits, entertainment, environmental law, healthcare, intellectual property, labor and employment, litigation, oil and gas, real estate, and tax and family wealth. The firm employs over 200 Oklahomans, including more than 115 attorneys.

03-22-2006

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Jeffer Mangels Butler & Marmaro LLP

JMBM to Host International Lawyers at 2006 Interlaw Americas Meeting
LOS ANGELES – March 22, 2006 – Jeffer, Mangels, Butler & Marmaro LLP (JMBM), one of California's foremost full-service law firms, will be hosting more than 50 lawyers from North and South America, Europe, Australia, Malaysia and South Africa this week for the annual Interlaw Americas Meeting.

""Delegates from more than 30 law firms – all members of the Interlaw network – will meet to discuss best practices for servicing a global client base,"" said William Capps, chairman of JMBM's Corporate Law Group. ""There will be a great emphasis business development through the leveraging of international relationships.""

Barry M. Meyer, chairman and CEO of Warner Bros. Entertainment Inc., will address the group on the importance of protecting intellectual property in the global marketplace. Media representatives from Univision, TIME Magazine, National Public Radio, San Francisco Chronicle and Yahoo! Media Group will engage Interlaw delegates in a discussion entitled, ""The Impact of Media on Global Culture, Business and the Rule of Law.

03-22-2006

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Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP

Kimon Manolius Named to San Francisco Ethics Commission
San Francisco (March 22, 2006) – Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP announced today that partner Kimon Manolius has been named by City Attorney Dennis Herrera to the San Francisco Ethics Commission. The Ethics Commission, created in 1993 through the passage of Proposition K, serves citizens, public officials and political candidates through education and enforcement of the City's ethics laws. The five-member panel is responsible for investigating and assigning penalties to violations of the City's campaign contribution, conflict of interest and ethics laws.

Manolius, a partner in the Public Agency and Litigation sections, joined Hanson Bridgett in 2002. He provides counsel on a variety of affirmative and defense litigation matters, with an emphasis on code enforcement and litigation risk management for government entities.

Before joining Hanson Bridgett, Manolius spent 11 years at the San Francisco City Attorney's Office, where he advanced to serve as chief counsel and managing attorney for the 300-person office. Manolius was the driving force in rebuilding the City's Code Enforcement Unit, which was responsible for prosecuting violations of the fire, building, housing and health codes, and, under the Business and Professions Code, unlawful or unfair business practices. He successfully implemented new initiatives to quickly create a successful code enforcement program for the City. Manolius' numerous legal achievements include City and County of San Francisco v. Sainez, where he obtained a penalty judgment of approximately $700,000, as well as several hundred thousand dollars in attorneys' fees, in a case concerning violations of the San Francisco Housing and Building Codes.

Manolius, well known in the San Francisco legal community, has served as a judge pro tem for the presiding judge at the San Francisco Superior Court, and as an early settlement panelist for the Bar Association of San Francisco. He teaches ""Legal Research and Writing"" at Hastings College of the Law, and has taught ""Intensive Advocacy"" at Stanford Law School and University of San Francisco School of Law. Manolius plays guitar and bass guitar in the band Blind Justice, and was one of the leading organizers of the January 2005 'Wave of Relief' benefit concert that raised more than $25,000 for victims of the 2004 Indian Ocean tsunami.

""The Ethics Commission serves an important role in San Francisco,"" said Manolius. ""I am truly honored that City Attorney Herrera has asked me to serve and look forward to working with my fellow commissioners on ethics issues and campaign finance reform.""

Manolius received a J.D. degree from Boston University School of Law (1990) and a B.A. degree from Brown University (1983). Prior to securing his law degree, Manolius served as director of administration & finance and assistant treasurer for the Dukakis for President Campaign, where he directed all administrative and financial operations for the $54 million general election campaign. Manolius also served as the deputy director of operations and the Massachusetts state director during the primary campaign.

""I am not surprised Kim was selected to the Ethics Commission, as he exemplifies all the best qualities of an attorney,"" said Hanson Bridgett Managing Partner Andrew Giacomini. ""I am proud of him for taking this lead role in our community and I know he will serve it well.

03-22-2006

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Crowe & Dunlevy

CROWE & DUNLEVY ATTORNEY FEATURED PANELIST AT THE FIFTH ANNUAL CLE EXPO SPONSORED BY THE MINORITY CORPORATE COUNSEL ASSOCIATION
Oklahoma City (March 22, 2006) - Crowe & Dunlevy shareholder, Gayle Barrett, was a featured panelist at the Minority Corporate Counsel Association's Fifth Annual CLE Expo in Chicago, Illinois.

On March 16, 2006, Ms. Barrett served as a panelist on new areas of discrimination exposure, including adverse impact age discrimination, appearance and religious discrimination. The panelists discussed the developing areas of discrimination and shared with attendees practical solutions on ways to prevent exposure to new discrimination claims, such as reviewing policies and procedures, providing appropriate training and ensuring corporate compliance.


MCCA was founded in 1997 to advocate for the expanded hiring, retention and promotion of minority attorneys in corporate law departments, and the law firms that serve them. The goal in presenting this conference was to build bridges of opportunity by bringing together talented minority and women attorneys by sharing their legal experience on their substantive legal practice areas.

Ms. Barrett is a shareholder and director in Crowe & Dunlevy's Oklahoma City office, and she is a member of the Labor & Employment Law Practice Group. Ms. Barrett is listed in The Best Lawyers in America (Labor and Employment Law) and in Chambers USA America's Leading Business Lawyers, 2003, 2004 and 2005. She currently serves as General Counsel for the Oklahoma City Human Resource Society.

03-22-2006

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Latham & Watkins

Latham Tops Off Associate Raises
Latham & Watkins has tacked on an additional $5,000 to the $5,000 raises it gave associates earlier this year.

In January, Latham raised first-year salaries $10,000 to $135,000 and all other years by $5,000 for its offices outside New York.

The new raise, which is retroactive to Jan. 1, applies to all offices except for New York. That office received even higher increases earlier this year, with first-years now making $145,000.

Firms in Los Angeles began lifting associate salaries at the end of last year, and the raises have spread to firms across the nation. Most firms raised first-years $10,000 and other years $5,000, though a few went higher.

Fourth-years at Latham will now earn a base salary of $175,000, while seventh-years earn $215,000.

03-22-2006

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