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Weltman, Weinberg & Reis Co., L.P.A. Promotes Brian McKinley to Director of Columbus Operations
Columbus - January 9, 2006– Weltman, Weinberg & Reis Co., L.P.A. (WWR), the nation’s largest creditors’ rights law firm based on placements and revenue according to Collections & Credit Risk magazine, is pleased to announce the recent promotion of Brian McKinley to Director of Columbus Operations.

As the Director of Columbus Operations, Mr. McKinley will be responsible for planning, directing and coordinating activities of the Operations department in the Grove City and Columbus offices of WWR. His new position will involve overseeing the handling of outgoing mail, new account setup and maintenance, and the management of processes for incoming calls, visitors and client files. In addition, Mr. McKinley will be responsible for the coordination of marketing activities for the Columbus and Grove City offices. He will have local responsibility for responding to client requests and will serve as the client contact for local major clients.

“Brian is a long-term valued member of the WWR team,” says Jack McGinty, Executive Director of WWR. “I am confident that Brian will perform his duties in the exemplary manner which he has already shown for many years.”

Mr. McKinley is a member of the Society of Certified Credit Executives. His community involvement includes volunteering with the Lifepoint Church youth group in Dublin, OH.

Mr. McKinley can be reached at (614) 801-2763, via fax at (614) 801-2603 or via e-mail at bmckinley@weltman.com.

2005 marked the 75th anniversary of Weltman, Weinberg & Reis Co., L.P.A. Weltman, Weinberg & Reis Co., L.P.A., provides comprehensive collection and litigation services to creditors throughout the nation including major banks & financial institutions, mortgage & lending companies, commercial creditors, government entities, insurance companies, credit unions, service organizations, and utility companies. Practice areas include bankruptcy, collection services, foreclosure/evictions/REO, legal action recovery, litigation & defense, probate, subrogation and corporate & financial services. The firm has offices in Brooklyn Heights (OH), Burlington (NJ), Chicago, Cincinnati, Cleveland, Columbus, Deerfield (IL), Detroit, Grove City (OH), Philadelphia and Pittsburgh.

01-09-2006


Living with Identity Theft



This morning’s New York Times has an article that tells the story of an identity theft victim who, for 15 years, has had to deal with the impact of having his stolen identity. In 1991, someone used Raymond Lorenzo’s name to commit credit card fraud. The identity thief, later identified as his ex-wife’s boyfriend, also gave the name to police when he was stopped for traffic violations and when he was arrested for burglary, forgery and criminal possession of a weapon. Lorenzo’s name ended up in New York’s Criminal Record Information Management System. According to the Times, over the past 15 years, “that digital nugget - like so much else in this age of consumer recordkeeping - was bought, sold, copied, stored, transmitted and appended to a digital dossier that, along with the erroneous debts and driving records, has haunted Mr. Lorenzo at every turn.” Landlords, potential employers, and schools continue to come across the misinformation with devastating effects on Mr. Lorenzo. “Waking Up to Recurring ID Nightmares,” http://select.nytimes.com/mem/tnt.html?emc=tnt&tntget=2006/01/09/technology/09link.html&tntemail0=y




Presidential Power to Order Domestic Surveillance to be Central in Alito Hearings
The Senate Judiciary Committee today begins its hearings on the nomination of Judge Samuel Alito to the United States Supreme Court. One key issue the committee will explore will be Judge Alito’s position on the claims of the Bush administration that, even if the Congress did not authorize the National Security Agency without a warrant to conduct domestic surveillance when it suspects someone is communicating with a terrorist group, the administration has the inherent authority to do so. Last month, Committee Chair Arlen Specter expressed doubt about the notion of inherent authority. "If the president has an inherent power to take necessary steps to protect the country,” Specter asked, what Constitutional purpose does a use-of-force resolution, or a declaration of war, serve?" Specter and others on the Judiciary Committee are expected to question Judge Alito about his views of the scope of executive authority. “Key question for Alito: presidential power,” http://www.csmonitor.com/2006/0109/p01s02-usju.html.
Congressional Research Service Doubts Presidential Claim of Authority
The Congressional Research Service, a nonpartisan research arm of Congress, issued a report on Friday questioning the Bush administration’s claim that it had a legal basis for authorizing the National Security Agency to conduct domestic spying. The 44-page report explores the administration’s argument that Congress authorized the spying when it authorized "all necessary and appropriate force" against the terrorist groups responsible for the September 11 attack on the United States. The report concludes that:
“[It] appears unlikely that a court would hold that Congress has expressly or impliedly authorized the NSA electronic surveillance operations here under discussion, and it would likewise appear that, to the extent that those surveillances fall within the definition of ‘electronic surveillance’ within the meaning of FISA or any activity regulated under Title III, Congress intended to cover the entire field with these statutes. To the extent that the NSA activity is not permitted by some reading of Title III or FISA, it may represent an exercise of presidential power at its lowest ebb, in which case exclusive presidential control is sustainable only by ‘disabling Congress from acting upon the subject.’ While courts have generally accepted that the President has the power to conduct domestic electronic surveillance within the United States inside the constraints of the Fourth Amendment, no court has held squarely that the Constitution disables the Congress from endeavoring to set limits on that power. To the contrary, the Supreme Court has stated that Congress does indeed have power to regulate domestic surveillance, and has not ruled on the extent to which Congress can act with respect to electronic surveillance to collect foreign intelligence information. Given such uncertainty, the Administration’s legal justification, as presented in the summary analysis from the Office of Legislative Affairs, does not seem to be as well-grounded as the tenor of that letter suggests.”



For a summary of the debate around the report, see “Basis for Spying in U.S. Is Doubted,” http://select.nytimes.com/mem/tnt.html?emc=tnt&tntget=2006/01/07/politics/07nsa.html&tntemail0=y. To see a copy of the report itself, see “Presidential Authority to Conduct Warrantless Electronic

Surveillance to Gather Foreign Intelligence Information,” http://www.fas.org/sgp/crs/intel/m010506.pdf



01-09-2006

Article: Private Placement Letter: Thacher Proffitt Deal Awarded "Latin American Deal of the Year"
Metrofinanciera Trust 2005-1 and 2005-2, a cross-border deal backed by bridge loans for construction, won Asset Securitization report's "Latin American Deal of the Year 2005." Backed by Mexican assets, the deal exemplified the growing trend seen in Mexico's domestic market for foreign investment opportunities and structured finance business in Mexico's real estate market. Thacher Proffitt provided legal counsel for the transaction.

John Kim ran the U.S. side of the deal and Boris Otto ran the Mexico side. The team also included Jose Antonio Chavez, Jeff Koppele, and Marisol Cardona.

01-09-2006

Article: Asset Securitization report: Thacher Proffitt Deal Awarded "Latin American Deal of the Year"
Metrofinanciera Trust 2005-1 and 2005-2, a cross-border deal backed by bridge loans for construction, won Asset Securitization report's "Latin American Deal of the Year 2005." Backed by Mexican assets, the deal exemplified the growing trend seen in Mexico's domestic market for foreign investment opportunities and structured finance business in Mexico's real estate market. Thacher Proffitt provided legal counsel for the transaction.

John Kim ran the U.S. side of the deal and Boris Otto ran the Mexico side. The team also included Jose Antonio Chavez, Jeff Koppele, and Marisol Cardona.

01-09-2006

Two Sutherland Asbill & Brennan Partners Chosen by Corporate Counsel and Peers as America’s Leading Derivatives Lawyers
WASHINGTON (January 9, 2006) - Sutherland Asbill & Brennan LLP is pleased to announce that partners James M. Cain and Warren N. Davis were two of only eight attorneys in Washington, DC listed on The Best Lawyers in America, Derivatives Law list.
A total of 57 lawyers appear on the list. No other firm in Washington, DC had more than one attorney listed, and only four other law firms had two, placing Sutherland’s derivatives partners and practice alongside quintessential New York powerhouses Cadwalader; Cleary, Gottlieb; Sullivan & Cromwell; and Davis Polk.
Best Lawyers listings are compiled through a meticulous peer-review survey in which the top lawyers in the United States confidentially evaluate their professional peers. The Derivatives section is one of 41 new categories added to the Best Lawyers lists for 2006. Derivatives lawyers from three cities — DC, New York, and Chicago — were included.
“The addition of a Derivatives Law section to the Best Lawyers in America list may reflect the fact that the notional principal of privately negotiated derivative contracts now exceeds $200 trillion of underlying assets,” said Warren Davis, a corporate partner in Sutherland’s DC office. “This is truly a distinct specialty in the legal profession and I am honored to be named along with my partner, Jamie, to the list.”
Davis’ practice is diverse and includes representation of hedge funds and energy trading firms as well as a variety of other end-users. End-user clients include mutual funds, insurance companies, pension funds, industrial corporations, global shipping and logistics companies and high net worth individuals. Davis is a frequent writer and lecturer on derivatives-related subjects, such as the ISDA Master Agreement and litigation in the over-the-counter (OTC) derivatives market.
Cain is recognized nationally for his experience with OTC derivatives, including interest rate, foreign exchange, equity and commodity transactions and related collateral arrangements. For more than 20 years he has represented a wide range of financial institutions and commercial companies in documenting various transactions, as well as with their internal and regulatory compliance.
Both Cain and Davis are active in the International Swaps and Derivatives Association, Inc. (ISDA). Cain has spoken numerous times at ISDA conferences, and Davis is a member of the Board of Editors of the Futures & Derivatives Law Report.
Sutherland Managing Partner Mark Wasserman noted, “We’ve always known that our Derivatives practice could go head-to-head with the top New York firms. It comes as no surprise, that Jamie and Warren were listed as Best Derivatives Lawyers.”
The legal practice of the Derivatives Group encompasses the following key areas: documentation and negotiation, tax, financial disclosure, appropriate oversight controls and policies, commodities, and regulatory issues and investigations. Each of these areas, plus recent articles, presentations and additional information, are available on Sutherland’s web site under the “Practice Area” then “Corporate” tabs.
Sutherland Asbill & Brennan LLP is a national law firm known for solving challenging business problems and resolving unique legal issues for many of the nation’s largest companies. Founded in 1924, the firm has grown to more than 425 lawyers with offices in Atlanta, Austin, Houston, New York, Tallahassee and Washington. For further information about the firm, please visit www.sablaw.com.

01-09-2006

National Law Journal article: "As times get better, so do the bonuses"
Associates at several big law firms across the country welcomed the new year with hefty bonuses that were moderately higher than the year before, a reflection of the legal industry's recent prosperity.

Many top firms in New York, historically bestowers of the largest associate bonuses in the nation, doled out $30,000 to $60,000 to their junior attorneys, up from a maximum of $50,000 in associate bonuses in 2004. Some firms on the West Coast and Midwest also boosted their bonuses modestly. And one firm, Susman & Godfrey in Houston, gave some of its associates a walloping $150,000 in year-end perks, an increase from about $110,000 in 2004.

The bounty for associates mirrors recent solid financial performance by law firms and also may be the result of increased competition for young talent.

"It was a big year for me," said Brooke Taylor, a fifth-year associate at Susman Godfrey who received a bonus that was "very close to 100%" of her annual salary, which she said was $130,000. Taylor plans to invest much of her bonus, but she also will splurge a little.

"I've got a 10-year-old car with 130,000 miles on it," she said of her 1996 Subaru. "I think I'll buy a new car."

Laying out the cash

In November, New York's Sullivan & Cromwell, with 627 attorneys, announced that its associates would receive bonuses ranging from $30,000 for first-year lawyers to $50,000 for senior associates, the same as in 2004. The year-end awards were in addition to annual salaries starting at $125,000 for first-year associates, a figure matched by most of the top firms in New York.

Following Sullivan & Cromwell's announcement, several other big New York shops disclosed that their year-end bonuses ranged from $30,000 to $60,000, some $10,000 higher than the top of the range last year. Those firms included Milbank, Tweed, Hadley & McCloy; Cravath, Swaine & Moore; Clifford Chance; and others. Skadden, Arps, Slate, Meagher & Flom said that it was giving bonuses up to $60,000 but that its lower end of the range was $15,000. First-year salaries at Skadden are $140,000.

Morrison & Foerster, which has its biggest office in San Francisco, is giving bonuses also within the $30,000 to $60,000 range, said Chairman Keith Wetmore. The 1,025-attorney firm has 143 lawyers in its New York office, where Wetmore, in San Francisco, will relocate to this month. Morrison & Foerster's bonuses in 2004 also paralleled those given by New York law firms that year.

Bryan Cave, the 730-attorney firm with its largest office in St. Louis, dished out associate bonuses ranging from $20,000 to $40,000, the same range as in 2004. In Chicago, Mayer, Brown, Rowe & Maw, with 1,292 lawyers, gave out $30,000 to $50,000 in 2004 but declined to provide 2005's numbers. Greenberg Traurig also did not provide bonus information.

01-09-2006

Ford re-joins Strong & Hanni
Strong & Hanni is pleased to announce Michael L. Ford has re-joined the firm as an associate. Mr. Ford received his B.A. in English in 1995 from BrighamYoung University and his J.D. in 1998 from George Washington University. He served as an Editor for the Environmental Lawyer Law Journal and was a member of the Moot Court Board.

Mr. Ford became a member of the Virginia State Bar in 1998; and the District of Columbia and the Utah State Bar in 1999. He is a member of the Utah Defense Lawyers Association. He was with Strong & Hanni from 2000-2002 and was Claim Litigation Counsel for State Farm Insurance Company from 2002-2006. Mr. Ford’s areas of practice include Construction Law and Insurance Defense.

01-09-2006

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