Law Firm News

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Law Firm News

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Husch Blackwell Sanders LLP

Randolph Receives Prestigious Award from Chinese Government
Pat Randolph, Blackwell Sanders Of Counsel and University of Missouri at Kansas City Law Professor, received the Great Wall Friendship Prize from Beijing’s Municipal Government at a ceremony in Beijing on January 12. The prize, which is described as Beijing’s highest award given to a foreigner, is given for outstanding contributions to China over the course of a career. Peking University, where Professor Randolph directs several programs, nominated him for the award because of his many and varied activities promoting clarity and enforcement in China’s legal system regulating real estate markets.
As many as 20 foreigners receive the Prize each year, most of them business persons who have brought significant employment and investment to the area. Only a handful of scholars have won the award, and it is a prerequisite to a number of national level awards for foreigners in China.
Since arriving at Peking University to teach as a visiting professor in 1994, Randolph has returned annually, building up a wide array of programs and activities involving students, faculty, government leaders, and real estate lawyers and developers throughout China. He has lectured at 15 Chinese law schools, developed programs that have brought more than 50 visiting American professionals to China to speak about real estate topics including brokerage, finance, and condominium management, participated in forums for Chinese officials on the development of China’s new proposed Basic Law of Property, and published a book and eight articles (along with Peking University Associate Professor Lou Jianbo), both in Chinese and English. He has also lectured widely in the U.S. on Chinese real estate matters, including an appearance before a joint Congressional/Executive Committee on Chinese affairs in Washington, D.C., and several times to Chinese professors and lawmakers. Randolph’s critique of the then current draft of the Basic Law of Property was named one of the outstanding commercial law papers published in China in 2003.
Four years ago, Randolph and Professor Lou established the Peking University Center for Real Estate Law with a seed grant from First American Title Insurance Company. The Center has raised more than half a million dollars for educational programs in China, and currently has four faculty and 30 students engaged in research and teaching programs throughout China. Peking University sources believe that Randolph is the first foreign director of a research institute in the 100-year old history of this prestigious institution.
Randolph also maintains a significant presence as a real estate law professor and legal consultant in America. Realtor Magazine, a publication of the National Association of Realtors, named Randolph one of the 25 most influential people in American real estate in 2001. He lectures to national audiences on real estate topics more than 15 times each year and has spoken to state bar real estate groups in more than 20 states. Numerous publications list him as one of the outstanding real estate lawyers in the world. He founded and moderates DIRT, a popular internet discussion group for real estate professionals, which reaches more than 2500 primary subscribers daily; his popular "Daily Development" feature on DIRT is redistributed on the internet far more widely each day among real estate practitioners. His revision of the Friedman on Leasing (Randolph Edition) treatise that he has maintained for the last decade is a well-known and highly valued resource on American landlord/tenant law.
Blackwell Sanders Peper Martin, a commercial-based law firm with 300 attorneys, has offices in Kansas City, St. Louis and Springfield, Mo.; Overland Park, Kan.; Omaha, Neb.; Edwardsville, Ill.; Washington, D.C.; and London, England; and serves regional, national and international clients. Additional press releases are available online in the Media Relations area of "About Us."

01-18-2006

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Berry, Appleman & Leiden, LLP

H-1B Advanced U.S. Degree Cap Reached for FY 2006 - "Final Receipt Date" January 17, 2006
The USCIS announced today that the special H-1B cap of 20,000 reserved for holders of U.S. Advanced Degrees for Fiscal Year 2006 has been met. The cut off date for H-1B applications is January 17, 2006 meaning that H-1B cap subject applications filed prior to that date will be accepted and processed to conclusion. For applications received on January 17th, the USCIS is employing the "final receipt date" rule and will use a computer-generated process to randomly cull applications until the full cap number is reached. The remaining applications will be rejected. This is the same process that was employed when the general 65,000 H-1B cap was met for FY 2006 last August 10, 2005.
Despite this exhaustion of regular H-1B visas for the next fiscal year, a substantial number of visas are still available for nationals of Singapore and Chile, who are subject to separate caps. There is also a newly created E-3 classification for Australian nationals who met the H-1B criteria. Further, petitions for new H-1B employment are exempt from the annual cap if the worker will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization.
Please note: The USCIS notice also reminds employers that petitions for current H-1B workers do not count towards the congressionally mandated H-1B cap, and therefore USCIS will continue to process petitions filed to:
Extend the amount of time a current H-1B worker may remain in the United States;
Change the terms of employment for current H-1B workers;
Allow current H-1B workers to change employers;
Allow current H-1B workers to work concurrently in a second H-1B position.
The full USCIS H-1B cap announcement is available at uscis.gov and here.
BAL Comment: Employers should contact their BAL attorney with questions regarding this development, and particularly to discuss options for affected new hires. BAL is closely monitoring client applications filed on January 17 for acceptance and will alert affected clients with updates. Apart from the limited exceptions discussed above, the earliest date for which an employer may file for a new nonexempt H-1B is April 1, 2006, for H-1B employment starting on or after October 1, 2006. Employers are encouraged to start forwarding BAL materials for these candidates at this time

01-18-2006

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Bell, Boyd & Lloyd, L.L.C.

Employers: Don't Forget to Post Injury/Illness Summaries by February 1, 2006
The Occupational Safety & Health Administration (“OSHA”) issued a “Trade News Release” on January 13, 2006 reminding employers of their obligation to post injury/illness summaries beginning February 1, 2006, pursuant to 29 CFR § 1904.32. The Trade News Release is posted at OSHA's Web site at: www.osha.gov.
According to the Trade News Release, beginning February 1 employers must post a summary of the total number of job-related injuries and illnesses that occurred in 2005. A posting of an employer's (properly certified) “OSHA Form 300A” entitled, “Summary of Work-Related Injuries & Illnesses” is sufficient for posting purposes. The entire OSHA 300 Log itself need not be posted. The posting must occur from February 1 to April 30, 2006. A copy of OSHA's Form 300A is available at: www.osha.gov/recordkeeping/new-osha300form1-1-04.pdf.
If an employer wishes to use an equivalent form other than the OSHA Form 300A, it must include the employee access and employer penalty statements found on OSHA Form 300A, as well as the appropriate company executive certification. The company executive who can certify the Form 300A (or equivalent summary) must be one of the following: (i) an owner of the company, but only if the company is a sole proprietorship; (ii) an officer of the corporation; (iii) the highest ranking company official working at the establishment; or (iv) the immediate supervisor of the highest ranking company official working at the establishment. In either instance, the summary to be posted must list the total number of job-related injuries and illnesses that occurred in 2005 and were logged on the OSHA 300 Log. Employment information about annual average number of employees and total hours worked during the calendar year is also required because it is necessary to calculate injury/illness incidence rates. Companies with no recordable injuries or illnesses in 2005 must still post the OSHA Form 300A (or equivalent) with zeros on the total injuries/illnesses lines.
The injury/illness summary must be displayed in a common area wherever notices to employees are usually posted. Employers must make a copy of the summary available to employees who move from worksite to worksite, such as construction workers and employees who do not report to any fixed establishment on a regular basis.
Employers with ten or fewer employees and employers in certain industry groups are normally exempt from federal OSHA injury and illness recordkeeping and posting requirements. A list of exempt industry groups is posted on OSHA's Web site at: www.osha.gov
/recordkeeping/ppt1/RK1exempttable.html.
Note, however, that exempted employers may nevertheless be selected by the Labor Department's Bureau of Labor Statistics to participate in an annual statistical survey. OSHA's new “Recordkeeping Handbook” outlines the above posting requirements, and provides detailed guidance on steps needed to comply with OSHA's numerous recordkeeping requirements. A copy of the Recordkeeping Handbook can be downloaded at: http://www.osha.gov/recordkeeping/index.html.
This publication has been prepared by the Environmental, Health and Safety Group of Bell, Boyd & Lloyd LLC for clients and friends of the firm and is for information only. It is not a substitute for legal advice or individual analysis of a particular legal matter. Readers should not act without seeking professional legal counsel. Transmission and receipt of this publication does not create an attorney-client relationship. Questions or comments can be directed to 312-372-1121or to Michael K. Ohm, Chairman, Environmental, Health and Safety Group.
Copyright 2006 Bell, Boyd & Lloyd LLC. All rights reserved

01-18-2006

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Baker & McKenzie, L.L.P.

Baker & McKenzie Advises on the BTM/UFJ Merger in Hong Kong
Hong Kong, 18 January, 2006 – Baker & McKenzie’s Hong Kong office has been advising on the merger in relation to the Hong Kong branches of The Bank of Tokyo-Mitsubishi, Ltd and UFJ Bank Limited, to form The Bank of Tokyo-Mitsubishi UFJ, Ltd. The merger became effective as of 1 January 2006. The merger will create the world’s largest bank by assets.

A team of lawyers from the Financial Services Group and the Banking & Finance Group advised The Bank of Tokyo-Mitsubishi, Ltd and UFJ Bank Limited on the overall merger of their banking operations in Hong Kong, including advising on corporate, regulatory, employment and related issues in relation to the merger.

Milton Cheng, a partner and head of the Financial Services Group in Hong Kong, and Brian Barron, a partner in the Banking & Finance Group, led the Baker & McKenzie team on the transaction.

01-18-2006

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Baker & McKenzie, L.L.P.

Baker & McKenzie Opens its Doors in Cancun, Mexico
Cancun, Mexico, January 18, 2006 – Baker & McKenzie is pleased to announce that it has opened an office in Cancun, Mexico. The Firm is the first international law firm with an office in Mexico’s Riviera Maya region, which is known for its thriving tourism sector. On Thursday January 19, 2006, Baker & McKenzie will host an opening celebration, featuring a traditional ribbon cutting ceremony with the Governor of the Quintana Roo State, Felix González Canto, at its new location at Edificio Galerías Infinity, Piso 2, Av. Nichupté 19, Mza 2 SM 19, 77500 Cancun.

The Cancun office marks the Firm’s 70th location worldwide. Practice work in Cancun will focus on corporate, real estate and infrastructure, with a special focus on beach resorts, labor, immigration and environmental law, as well as commercial litigation. National Partner Reynaldo Vizcarra-Mendez, heads this project. Vizcarra-Mendez was one of the founding lawyers of the Guadalajara office in 2000 — that office has since grown to five times its starting headcount.

“With our Cancun office, we are able to serve the growing investments in Cancun, Riviera Maya and the Yucatan Peninsula, especially those related to tourism, hotel infrastructure and real estate development,” said Vizcarra-Mendez.

Baker & McKenzie Executive Committee Member Andres Ochoa-Bünsow, Chairman of the Firm’s Latin America Regional Council, said, “Our Cancun office further enhances our services to the benefit of our domestic and international clients, and develops additional opportunities for future growth in Mexico, Latin America and beyond. We are pleased to open our doors in Riviera Maya, our 16th location in the Latin American region.”

Baker & McKenzie Managing Partner Raymundo Enriquez said, "Our Cancun office strengthens our national practice, improves our services to existing clients and expands our client base in key practice areas. We look forward to our continued growth and success in Mexico and the region.”

01-18-2006

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Baker & McKenzie, L.L.P.

Six Tax Litigation Lawyers Join Baker & McKenzie in Paris
Paris, January 18, 2006 – Baker & McKenzie SCP announced today that it has expanded its tax practice in Paris with the addition of six tax litigation lawyers, led by Bernard Boutemy and Eric Meier. The team comes to the Firm from Taj.

Both Bernard Boutemy and Eric Meier focus their practice on tax audits and negotiations with the French Tax Administration. They also have extensive experience in structured finance.

“We are extremely pleased to welcome this team to the Firm. Their experience in tax litigation will strengthen the tax services we provide our clients, specifically addressing the issues that are at the center of their concerns,” said Partners Véronique Millischer and Pierre-Yves Bourtourault, both lead Baker & McKenzie’s Tax Practice in Paris, which is currently comprised of 32 tax practicioners.

Bernard Boutemy began his professional career in the public domain, both with the French Tax Administration (Direction Générale des Impôts) and the Administrative courts. He later joined Arthur Anderson International to develop the tax audit and litigation department. In 2002, Bernard Boutemy joined Taj as a partner.

Eric Meier joined Arthur Anderson International in 1994, where he developed the tax audit and litigation department with Bernard Boutemy. In 2002, Eric Meier joined Taj, where he became partner in 2004.

“We are thrilled to join Baker & McKenzie. We believe that the Firm’s recognized global tax team, and its unequalled global reach will meet the needs of our clients—large French groups and financial institutions,” remarked Bernard Boutemy and Eric Meier.

Commenting on the new additions, Denise Broussal and Laurent Epstein, co-Managing partners of Baker & McKenzie SCP in Paris, said, “The arrival of this new team of tax specialists is in line with the Firm’s development strategy; namely, supporting our key practice areas by integrating highly-skilled individuals in their field of practice.”

01-18-2006

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Winstead, Sechrest & Minick, P.C.

Winstead Continues Commitment to Nanotechnology Business in Texas; Sponsors 5th Annual Nanotechnology Venture Forum
Houston (Jan 17, 2006) — The 5th Annual Nanotechnology Venture Forum is the leading conference in Houston where emerging nanotechnology companies, venture capitalists, scientists and entrepreneurs converge to network, learn and observe. Participants will see presentations regarding the latest research in various areas of the nanotechnology industry and hear about new investment opportunities. Business developers will meet potential strategic partners in new nanotechnology business ventures and learn the latest news regarding nanotechnologies and emerging companies in nanotechnology. The theme this year: The Big Business of Small Technology.
Winstead Sechrest & Minick P.C. will once again serve as underwriting sponsor for this Forum, an all day event scheduled for Friday, Jan. 20, at 9 a.m. at the McNair Hall, Jones Graduate School of Management, Rice University campus in Houston. The Forum will be co-hosted by the Rice Alliance for Technology & Entrepreneurship, the Richard E. Smalley Institute for Nanoscale Science and Technology, and the Rice Center for Biological and Environmental Nanotechnology (CBEN).

"Since 1999, the Rice Alliance has assisted in the launch of over 150 new technology companies and raised more than $300 million in early stage funding. Winstead is proud to partner with the Rice Alliance and support this effort which contributes to making nanotechnology an important part of this state's economic future," says shareholder Kelly Kordzik, chair of the Nanotechnology Practice Group and president of the Texas Nanotechnology Initiative (http://www.texasnano.org/), an organization dedicated to establishing Texas as a world leader in the discovery, development and commercialization of nanotechnology.

Speakers scheduled for the 5th Annual Nanotechnology Venture Forum include Candace Stuart, editor in chief of Small Times magazine, reputed as the leading information source about nanotechnology; Sean Murdock, executive director of NanoBusiness Alliance; Richard Booker, Ph.D. and author of Nanotechnology for Dummies; and Robert Curl, Ph.D., Nobel Laureate, and Professor Emeritus, Rice University, who will deliver a special tribute to the late Dr. Richard Smalley.

The Forum will also host a Venture Capital/Investor Panel and feature presentations from nanotechnology companies including Southwest Nanotechnologies, Q-flo, and Xidex. Six early-stage companies will also present their technologies to an audience of investors, industry leaders, mentors and service providers. Last year, the Forum drew 400 attendees.

Kordzik is an avid supporter of making Texas a nanotechnology Mecca. As president of the Texas Nanotechnology Initiative (TNI), he worked with the TNI Executive Committee to ensure the successful passage of the Texas Emerging Technology Fund, a $200 million fund for research and development activities in emerging technology. Kordzik is also playing a significant role in planning the upcoming nanoTX'06, a world scale nanotechnology conference and expo to be held at the Dallas Convention Center, Sept. 27-28, 2006.

"This is the largest convergence of nanotechnology leading minds brought to one event in Texas. We'll have speakers from universities and the nanotechnology business world who will present the latest research on how their nanotechnology applications apply to business and commerce. Senators, scientists, and Nobel prize winners will openly discuss their work and the future of nanotechnology," says Kordzik. "This is an exciting time for the nanotechnology industry in Texas. The passing of the Emerging Technology Fund and events like the Nanotechnology Venture Forum and nanoTX'06 are indicators that Texas wants to establish itself as a world leader in the discovery, development and commercialization of nanotechnology."

Winstead Sechrest & Minick P.C. is among the largest business law firms in Texas. With more than 300 attorneys, the Firm provides regional, national and international clients access to a broad range of business legal services representing more than 30 practice areas. Winstead’s Nanotechnology Practice Group is a key component of the firm's Intellectual Property and Corporate Sections. Winstead has offices in Austin, Dallas, Fort Worth, Houston, San Antonio, and The Woodlands, Texas; and Washington D.C. For detailed information about Winstead, visit winstead.com.



01-17-2006

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