Law Firm News

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Jenner & Block LLP

Stanish Offers Litigation Alternatives for Couples Who Want “A Quiet Divorce”
Spouses who want to keep their divorce and its terms outside the public eye and minimize legal costs may wish to consider several alternatives to litigation, including mediation, collaborative law and direct lawyer negotiation, according to an article by Jenner & Block Partner Tanya J. Stanish.

“Exactly which process is best depends upon the spouses’ ability to negotiate with one another, the balance of power and knowledge in the relationship, and the level of trust that exists, despite the estrangement,” said Ms. Stanish in the Worth magazine article entitled, “A Quiet Divorce.”

In mediation, Ms. Stanish explained, a trained neutral participant helps the spouses reach a mutual resolution on their own terms, usually without attorney presence. All discussions are confidential, she added, and any agreements are reported to the spouses’ attorneys for incorporation into the final settlement papers.

According to Ms. Stanish, collaborative law is similar to mediation in that it occurs in a cooperative setting, but is a more formalized process in that spouses and their attorneys work together to craft an agreement pursuant to specific rules written ahead of time, and pledge to work cooperatively and voluntarily produce information. Collaborative law is only offered in about 25 states.

Most importantly, all settlement communications, oral and written, made during the collaborative process are kept private and are not admissible in the courtroom” if the settlement fails and the spouses initiate legal action, noted Ms. Stanish. In addition, the attorneys are disqualified from representing the spouses in any resulting litigation.

Spouses who want a less formalized process may try direct lawyer negotiation. Like the collaborative law method, spouses and their attorneys voluntarily exchange information and agree on settlement terms outside the courtroom, but there is no written set of rules set out beforehand.

“The spouses can have as little or as much participation in the negotiation process with their lawyers as they desire, and yet still retain control over the outcome of their divorce and final settlement,” according to the article.

Ms. Stanish, a member of the Firm’s Family Law Practice, represents clients in divorce, legal separation, custody, visitation, paternity and post-decree matters. Her work includes every aspect of representation necessary in family law matters such as alternative dispute resolution, contested court proceedings, complex negotiation and financial analysis.

01-27-2006

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Jenner & Block LLP

Attorney-Authored Resource Book Receives High Marks
A recent book review lauded Testimonial Privileges – authored by Jenner & Block Partners David M. Greenwald, Edward F. Malone and Robert R. Stauffer – as a “well-organized and thoughtful resource” that “practitioners can turn to for the answer to any privilege question.”

Published by ThomsonWest and in its Third Edition, Testimonial Privileges is a 1300-page guide through the broad array of privileges that can impact civil and criminal litigation. Topics include an overview of the attorney-client privilege, the work product doctrine, the accountant-client privilege, the privilege against self-incrimination, spousal privileges, and the journalist privilege, among other things.

“Testimonial Privileges is an obvious resource for the litigator facing evidentiary battles in the courtroom, but this book also belongs on any in-house attorneys reference shelf, where it will help avoid future battles over whether communications are protected from disclosure,” wrote attorney Laura A. Foggan in The John Liner Review article.

According to Ms. Foggan, the book is valuable because it “does more to provide answers than to simply recite the current law on privileges.” Instead, the authors set out the core concepts underlying each privilege and highlight areas of controversy, she said.

In her review, Ms. Foggan highlights portions of the book she considered to be especially insightful for risk managers and insurance attorneys. Among them were the book’s discussion of the zealous debate over how much attorney-client privilege should be afforded to communication between insureds and insurers, as well as the review of common interest extensions of work product protection.

The John Liner Review is a quarterly review of advanced risk management strategies, targeted to corporate insurance buyers, risk managers, and agents and brokers specializing in property, casualty, health and benefit insurance. It covers market conditions and current legislative and regulatory issues, and reports on software and books in the field.


01-27-2006

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Jaeckle, Fleischmann & Mugel, LLP

Sharon P. Stiller To Present Deposition Skills CLE Program
Jaeckle Fleischmann & Mugel, LLP announces that partner Sharon P. Stiller will present at a Greater Rochester Association for Women Attorneys CLE program entitled "Depositions from A to Z." Ms. Stiller's presentation will provide a summary and overview of deposition skills that are essential for new litigators. This program takes place on Wednesday, February 15, 2006 from 12:00 p.m. to 2:00 p.m. For further information or to register call 585.530.8465. Jaeckle Fleischmann & Mugel, LLP is a law firm with offices in Rochester, Buffalo and Amherst, New York and Phoenix, Arizona.

Ms. Stiller is a partner in the Firm's Labor and Employment practice group. She concentrates her practice on dispute resolution matters, including those addressed through mediation, arbitration and litigation, and employment law matters, including compliance counseling and representation of employers in discrimination disputes. Ms. Stiller also represents businesses in all types of litigation in federal and state courts as well as before administrative agencies, including contract disputes, discrimination claims and wage disputes. She is a fellow of the American Bar Association College of Labor and Employment Law and has been appointed to the American Arbitration Association Employment Law Panel as a neutral in employment arbitration and mediation. Ms. Stiller is the author of Employment Law in New York, a guide to employment law in New York State. She is also a frequent lecturer and trainer on employment law and litigation topics. Ms. Stiller practices from the Firm's Rochester office.

Jaeckle Fleischmann & Mugel, LLP is a full-service business law firm with more than 80 legal professionals practicing from offices in Buffalo, Rochester and Amherst, NY and Phoenix, Arizona. For over a century the Firm's clients have included Fortune 500 companies, publicly held businesses, financial institutions, governmental entities, universities, traditional and high tech start ups, as well as individual business owners. The Firm's experienced attorneys and legal staff provide its clients with timely and efficient legal advice and litigation support related to Bankruptcy, Board Governance, Business and Corporate, Economic and Land Development, Employee Benefits, Environmental, Estates & Trusts, Healthcare, Immigration, International Trade, Labor & Employment, Litigation, Nonprofit, Patent & Intellectual Property, Real Estate, Securities/Finance and Tax matters. For more information, visit our website at www.jaeckle.com

01-27-2006

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Hunton & Williams, LLP

Hunton & Williams Partner Honored by Chambers USA
"Hunton & Williams is pleased to congratulate Kevin J. Buckley, partner and co-head of the firm’s asset securitization practice, for his nomination for one of the inaugural Chambers Awards for Excellence. Mr. Buckley is one of 10 attorneys nationwide to be short listed by Chambers in the Capital Markets category. The Chambers Awards for Excellence ceremony will take place on June 1 in New York City. The awards are based on research for the 2006 edition of Chambers USA — America’s Leading Lawyers for Business. Chambers, a London-based publisher of leading guides to the legal profession, researches the strengths and reputations of U.S. attorneys and law firms on an annual basis by conducting thousands of interviews with clients and attorneys across the nation. Mr. Buckley has been identified as a leader in his field each year that the Chambers USA Guide has been published.
Thurston R. Moore, chairman of Hunton & Williams, noted “our firm is delighted that Kevin has been recognized for this honor by Chambers USA. It reflects not only Kevin’s significant achievements, but the prominence of Hunton & Williams’ asset securitization practice. Congratulations, Kevin!”
With experienced securitization lawyers in the firm’s Richmond, Charlotte, New York, Washington and Miami offices, Hunton & Williams consistently ranks among the nation’s leading securitization law firms. The firm represents issuers, underwriters, trustees, master servicers, securities insurance companies and other participants in securitization transactions involving a wide variety of assets. In 2005, Hunton & Williams was proud to announce its representation of participants in mortgage-backed and asset-backed securities offerings totaling more than $1 trillion. For more information, please visit www.hunton.com."

01-27-2006

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Hodgson Russ LLP

Hodgson Russ partner Harry G. Meyer program chair of NYSBA section meeting
BUFFALO, N.Y. — Harry G. Meyer, a partner in Hodgson Russ LLP’s Real Estate & Finance Practice Group, served as program chair for the New York State Bar Association Real Property Law Section’s annual meeting, held January 26 at the New York Marriott Marquis in Manhattan.

Topics at the meeting focused on problem areas and new developments in real estate law, including land use control and condemnation, Indian land claims across New York State, and workouts of securitized mortgage loans.

Recently, Mr. Meyer was also a guest on WNED-AM’s Law Line, during which he answered questions from host Mike Desmond and callers about the mayor-appointed Buffalo Anti-Flipping Task Force. The task force, of which Mr. Meyer is a member, is committed to addressing the problem of fraudulent flipping, the practice of buying properties and then using false appraisals to sell or mortgage them at prices considerably beyond their market value. New York State Assemblyman Sam Hoyt and New York State Senator William Stachowski are co-chairs of the task force.

Mr. Meyer concentrates his practice in commercial and industrial real property taxation, acquisitions, development, and environmental concerns, including wetlands delineation, protection, enhancement, and water resources. He lectures extensively about commercial and industrial real estate, taxation, development, and environmental issues.

With more than 220 attorneys practicing in all major areas of law, Hodgson Russ is among the 200 largest law firms headquartered in the United States. It is one of approximately 100 firms in the country listed in America’s Greatest Places to Work With a Law Degree. In June 2005, Hodgson Russ received the Carol S. Knox Family-Friendly Employer Award from the Capital District Women’s Bar Association. The Firm, which was established in 1817 and is among the oldest law firms in the United States, is the only law firm that can count two former U.S. presidents, Millard Fillmore and Grover Cleveland, among its alumni. Hodgson Russ has offices in Albany, Buffalo, Johnstown, and New York, New York; Boca Raton, Florida; and Toronto, Ontario, Canada.

01-27-2006

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Hill, Ward & Henderson, P.A.

HILL, WARD & HENDERSON, P.A. ANNOUNCES NEW SHAREHOLDERS
The Tampa law firm of Hill, Ward & Henderson, P.A. is pleased to announce the election of five attorneys to shareholder positions. Four of these attorneys are members of the firm’s Litigation Group. Benjamin H. Hill, IV and Mark M. Wall practice mainly in the areas of commercial litigation and real estate related litigation. S. Gordon Hill’s practice primarily involves commercial litigation and employment litigation. Lynn Welter Sherman’s practice is concentrated in the areas of business bankruptcy, creditors' rights litigation and civil commercial litigation. John C. Connery, Jr. is a member of the firm’s Corporate & Business Group. His practice involves private equity transactions, mergers and acquisitions, partnerships and joint ventures, as well as federal and state tax advice.

01-27-2006

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Hermes Sargent Bates LLP

HSB Attorney Obtained a Dismissal for Lack of Personal Jurisdiction
Congratulations to Adam Reed, who obtained a dismissal for lack of personal jurisdiction in Federal Court of all claims against a client who was sued by a former employer for certain claims purportedly arising under ERISA.

01-27-2006

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