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\"Labor Talks Between NFL Owners, Players End Without Agreement\"
Litigation co-chairman Jeffrey Kessler was quoted in an article regarding the breakdown of talks between the National Football League owners and players union right before the deadline for a new collective bargaining agreement. Mr. Kessler commented "The players have made every effort to reach a fair compromise. The union and players need to go forward. I don’t see any further talks unless they give us a reason to believe." The players union has asked for at least 60% of total team revenue to be contributed to the pool that makes up players salaries while the NFL owners have offered them 56.2%. Mr. Kessler also stated "Anything is possible, but [the owners] have to change their offer, because we’re not changing ours.

03-05-2006

New Tennessee Leadership Law Class Selected
Knoxville lawyer John Winemiller is among 33 lawyers chosen for Leadership Law, a six-month Tennessee Bar Association program designed to equip Tennessee lawyers with the vision, knowledge and skills necessary to serve as leaders in their profession and local communities.

Winemiller focuses his legal practice on commercial litigation. He received his law degree from the University of Tennessee. Following graduation, he held judicial clerkships with the US Court of Appeals for the Fifth Circuit and with the US District Court for the Eastern District of Tennessee before joining Hunton & Williams in 2003.

Also from Tennessee

Kathy Scourby was reelected to the Board of Directors for the Association of Legal Administrators. Scourby, who is the office administrator for the Knoxville office of Hunton & Williams, is the association’s regional director for the southeastern United States.

03-05-2006

Wiley Rein & Fielding Files Supreme Court Amicus Brief on Behalf of the Self-Insurance Institute of America
Wiley Rein & Fielding has filed an amicus curiae brief with the Supreme Court of the United States in Sereboff v. Mid Atlantic Medical Services, Inc. (MAMSI). The brief was filed on behalf of the Self-Insurance Institute of America (SIIA), a non-profit organization serving tens of millions of health plan beneficiaries that provides information and recommendations on self-insurance, including relevant provisions of the Employee Retirement Income Security Act of 1974 (ERISA).

The lower court had concluded that MAMSI was entitled to equitable restitution from the Sereboffs, whom, after receiving coverage for medical expenses of about $75,000 following an accident, settled a personal injury lawsuit against a third party involved in the accident for $750,000. Though the Sereboffs’ insurance plan contained a standard subrogation provision requiring them to reimburse MAMSI should they recover payment from a third party, they refused to do so, resulting in MAMSI invoking its subrogation-based right to reimbursement.

WRF’s amicus brief focused on the role of subrogation as an equitable remedy that is necessary to the successful functioning of the insurance industry in general and self-funded plans in particular. The brief noted SIIA’s interest in preserving its members’ rights to reimbursement to ensure the solvency of their services, but also addressed the impact of the case on the broader purposes of ERISA and the impact of recovery rules across the insurance industry.

The WRF brief was submitted by partners Lawrence H. Mirel, Thomas W. Brunner and John E. Barry and associate William S. Consovoy.

03-04-2006

WRF Partner Comments on Moussaoui Sentencing Trial
Wiley Rein & Fielding partner and former federal prosecutor Andrew G. McBride was quoted in The Washington Post on the likelihood of a death sentence for Zacarias Moussaoui, the al-Qaeda operative arrested in connection with the September 11 terrorist attacks. McBride is cited as one of many experts who believe Moussaoui's admission of guilt is sufficient to prove that he could have stopped the attacks. He points to Moussaoui's acknowledgment that he lied to the FBI in order to allow the hijacking plan to go forward as the central factor in the case.

* ""I think they have a good case, given his own statements,"" said McBride. ""He admits that he lied to further the conspiracy. Legally, that probably makes it.

03-04-2006

Prominent Jackson Attorney Named To American Bar Association Leadership
(Jackson, Miss./March 3, 2006) Scott Welch, a shareholder with Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, will become a member of the American Bar Association's Board of Governors, representing a four-state district.

The ABA nominated 12 people for membership to its Board of Governors and will present the nominees to its House of Delegates for formal election this August. Each individual is nominated to serve a three-year term on the 37-member board which oversees administration and management of the 400,000-member association. Mr. Welch will represent a district composed of South Carolina, Delaware, Mississippi and West Virginia.

Mr. Welch recently joined Baker Donelson's litigation practice after more than 40 years of trial and appellate experience in state and federal courts, having tried more than 100 cases to conclusion. He focuses his practice on general tort law, personal injury defense, commercial and transportation litigation, product liability litigation, media law and insurance cases.

He is a past President of the Mississippi Bar, a past National President of the American Board of Trial Advocates and a Fellow of the American College of Trial Lawyers. He is listed in Chambers USA, and for 10 years has been named to The Best Lawyers in America®. Mr. Welch is the State Delegate to the American Bar Association from Mississippi and participates in numerous ABA activities.

03-03-2006

WolfBlock Adds Seasoned Environmental and Land Use Partner
Roseland, NJ - March 3, 2006 - WolfBlock is pleased to announce that Peter J. Herzberg has joined the firm's Environmental and Land Use practice group in the Roseland, NJ, office.

""We are delighted to have such a highly skilled environmental attorney as Peter joining our team,"" said Kenneth J. Warren, chair of the firm's Environmental and Land Use practice group.

Herzberg brings more than 30 years of experience in federal and state environmental litigation and regulatory work to the firm. His practice focuses on natural resource damages; environmental enforcement and permitting, including hazardous waste, RCRA, ECRA, air and water; private cost recovery litigation; approvals from municipal, county, state and federal authorities for the development and transfer of real estate; wastewater treatment; environmental and land use litigation; due diligence inquires; and environmental investigations and audits.

""Peter's extensive experience in environmental law will be a great asset to the firm's clients. We're pleased to further diversify the services offered through our office,"" said Roseland office managing partner John D. Fanburg.

Herzberg represents PRP groups with regard to sites in New Jersey and throughout the country, and he serves as common counsel in Superfund and Spill Fund matters. He also counsels clients with regard to environmental regulatory and enforcement matters.

A former attorney for the Sierra Club Legal Defense Fund in Washington, DC, where he was lead counsel on several precedent-setting air pollution cases, Herzberg is also a former deputy attorney general for the State of New Jersey and served as acting assistant counsel to former New Jersey Governor Brendan T. Byrne. He frequently authors articles on a variety of environmental topics, such as redevelopment, cleanup and natural resource damages.

Herzberg is a member of the American Bar Association and the Union County Bar Association and served as chair of the Environmental Section of the New Jersey State Bar Association. He is listed in The Best Lawyers in America and Chambers USA Legal Directory 2005 as a leading environmental attorney in New Jersey. He received his J.D. from the University of Pennsylvania Law School in 1975 and his B.A. from Haverford College in 1972.

03-03-2006

The American Bar Foundation Selects New Fellows
Blackwell Sanders Partners Tom Dahlk, Howard Hahn and John Katelman have been selected by the board of directors to become Fellows of the American Bar Foundation. The Fellows is an honorary organization of attorneys, judges and law professors whose careers have demonstrated dedication to the welfare of their communities and to the highest principles of the legal profession. Membership in The Fellows is limited to one third of one percent of the lawyers in America.

As a trial lawyer, Dahlk focuses in cases involving complex business transactions. He has successfully obtained verdicts for clients in federal and state court and is one of Blackwell Sanders’ most experienced trial lawyers. Dahlk has provided litigation strategy and multi-jurisdiction litigation management for clients in the banking, mutual fund and securities industries. He has been recognized for practice distinction by The Best Lawyers in America and Chambers USA. Dahlk is a member of the Nebraska Federal Practice Committee. He is also managing partner of the firm’s Omaha office.

A partner in Blackwell Sanders’ Corporate Department, Hahn focuses his practice on the areas of healthcare, real estate and taxation. He serves as general counsel to the Nebraska Medical Center. Currently Hahn is on the board of the Merrymakers Association and the Greater Omaha Chamber of Commerce. For many years, he has been listed in The Best Lawyers in America.

Katelman is regarded as one of the premier commercial real estate lawyers in Omaha. For many years he has assisted clients in purchasing, selling, leasing, financing and developing all types of commercial real estate. He has drafted or assisted in drafting redevelopment agreements between the City of Omaha and private developers for several of the major redevelopment projects that have taken place in downtown Omaha, including the ConAgra Campus, 1200 Landmark Center, the First National Bank Office Tower and Technology Center, the World Herald's Freedom Center project, the Gallup University Riverfront Campus, and the Logan Fontenelle project in North Omaha. Katelman is listed in The Best Lawyers in America and Chambers USA.

Established in 1955, The Fellows support the research program of the American Bar Foundation. The object of the Foundation is to advance justice through research on law, legal institutions, and legal processes. Members are nominated by Fellows in their jurisdiction and elected by the board of the American Bar Foundation.

Established in 1952, the American Bar Foundation is an independent, nonprofit national research institute committed to objective research on law and legal institutions. The American Bar Foundation is the preeminent resource for lawyers, scholars and policy makers who seek analyses of the theory and functioning of law, legal institutions and the legal profession.

03-03-2006

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