Arnstein & Lehr Spring 2009 Update Newsletter

1 Mid-market value. Large firm expertise.

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Seven join Arnstein & Lehr Miami office - strengthen firm’s Florida presence Attorneys in the Coral Gables law firm of Fieldstone Shear & Denberg LLP joined Arnstein & Lehr LLP on April 1. Ronald Fieldstone, David Shear and Michael Denberg joined the firm as partners, while Rebecca Abrams, Yael Doron, Kenneth Dreyfuss, and Luis Flores are now associates with the firm. Jeff Shapiro, coordinatin ing partner of Arnstein & Le Lehr’s Florida operations said, “We are extremely sai ple pleased with the addition of these fine attorneys. This respected group su supplements the firm’s business capabilities in bu Fl Florida and nationwide.” Fie Fieldstone Shear & Denberg specialized in D complex commercial, corporate, real estate, condominium, domestic and international tax matters. A majority of the firm’s lawyers and staff are now resident in Arnstein & Lehr’s Miami office and the firm also retains a small office in Coral Gables.

Left to right, Ronald Fieldstone, Michael Denberg, Managing Partner Raymond Werner, and David Shear.

Managing Partner Ray Werner added, “The Fieldstone Shear 7 Join Firm Continued on Page 3

Firm launches General Counselor employment law blog Arnstein & Lehr recently launched our blog, General-Counselor.com. It is designed as an educational resource for employers, human resource professionals, general counsel and labor relation’s officers to better understand their legal requirements and obligations as governed by the federal statutes. General-Counselor.com is maintained by the firm’s Labor & Employment Law Practice Group and supported by Arnstein & Lehr’s civil litigators, associates, and other support personnel. Our group’s chair, Paul Starkman, oversees the blog’s content along with partners Mark Spognardi and Jason Tremblay. Our Labor & Employment Law members have extensive experience in client counseling and litigation before administrative agencies and state and federal courts in areas including union-management relations, unfair labor practice proceedings under the National Labor Relations Act, collective bargaining, contract administration, grievance and arbitration proceedings, employment discrimination and affirmative action, wrongful discharge, ERISA matters, employee benefits, occupational safety and health, wage and hour law, drug and alcohol testing, AIDS issues, employment-related immigration, and general personnel administration. The blog can be found on the Web at http://general-counselor. com. You may subscribe to General-Counselor by email at [email protected] or RSS feed at General-Counselor.com/feed. You will then begin receiving automatic alerts whenever new articles or posts are published. A R N S T E I N & L E H R U P D AT E

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The threat of the Employee Free Choice Act by Mark Spognardi Partner, Arnstein & Lehr

Mark Spognardi focuses his practice on the representation of management in traditional and non-traditional labor and employment law matters, including counseling, litigation, and appellate work. His practice includes representation in unfair labor practice and representation proceedings before the National Labor Relations Board; union-free campaigns; employment discrimination matters before federal and state anti-discrimination agencies and federal courts; Section 301 lawsuits; contract negotiations and arbitrations; drug and alcohol testing; alternative compensation systems; veterans’ reemployment rights; WARN Act and RIF matters; federal and state wage and hour matters; employment at-will; wrongful discharge and whistle-blower lawsuits; federal and state injunctive relief, strike management; human resource audits and employee handbooks; employment contracts; restrictive covenants and noncompete agreements; pension plan withdrawal liability; and various other employment related matters. He represents businesses in all industries, including manufacturing, transportation, banking and investment, food processing, textile, health care, retail, hospitality, construction, interim services, and publishing, media and communications.

While Congress and the Obama administration are preoccupied with the stimulus package, employers are becoming increasing concerned about legislation called the Employee Free Choice Act (EFCA). Though not currently the law, this legislation would transform labor relations in the United States to the detriment of employers. Anna Burger, chairperson of Change to Win and secretary-treasurer of Service Employees International Union has stated, “EFCA is more important than health care reform…EFCA will be the difference between incremental change and transformational change …. EFCA will increase SEIU membership by 1 million members annually.” And President Obama has stated that he will make it the law of the land. EFCA would amend the National Labor Relations Act (NLRA) in three dramatic ways. Currently, employees desiring union representation are subject to a secret ballot election, where they vote “yes” or “no” to be represented by an election. EFCA would effectively eliminate the secret ballot election by requiring an employer to recognize and bargain with a union if the union presented “authorization cards” signed by 51% of its employees. The amendment would also have the effect of depriving the employer of having time to communicate its position on the negative effects of unionization to employees during the campaign period leading up to the current ballot process. Additionally, employees may be subject to pressure and coercive tactics by unions and fellow pro-union employees to sign authorization cards, because the secret ballot election will have been eliminated. Second, once the union is recognized as the collective bargaining representative of employees, the employer would have to start bargaining with the union within 10 days. This is an

EFCA Continued on Page 3

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Arnstein & Lehr hosts Israeli business trade show On January 29, the Fort Lauderdale office of Arnstein & Lehr hosted its first annual Doing Business in Israel Trade Show and Seminar at the David Posnack Jewish Community Center in Davie, Florida. Under the guidance of Fort Lauderdale Partner Franklin Zemel, the event drew more than 60 people. It was held in partnership with the Jewish Federation of Broward County, the AmericaIsrael Chamber of Commerce, and our client Atico, Intl. Speakers included Eyal Ben-Chanoch, CEO of Beeologics, an international firm with offices and laboratories in the U.S. and Israel that focuses its research on restoring bee health and protecting the future of in insectt p pollination. llin ti n Also speaking was Tel Aviv University Professor Avi Kribus, who discussed the latest research and development initiatives in the field of renewable energy. A third speaker was Ross Younts with the California-based company Aquadoo, who discussed their revolutionary and environmentally-friendly Air Water System technology that creates water from the humidity in air. The fourth speaker was Fred Glickman, vice president of business operations with Enterprise Florida, which serves as the state’s economic development organization. He spoke on how the Enterprise Florida office in Ramat Gan, Israel,

Israeli Trade Show Continued on Page 4

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EFCA Continued from Page 2 insufficient amount of time to formulate proposals and establish an employer bargaining committee. If a contract is not reached within 90 days, the employer is required to go to mediation before the Federal Mediation and Conciliation Service for 30 days. If no agreement is reached at that point, the employer is required to submit to binding interest arbitration before a neutral arbitrator who will determine the wages, benefits and other terms and conditions of employment of the employees for a two year union contract. Besides the frightening proposition that a third party will decide the compensation and benefits of an employer’s employees, the legislation fails to address what standards the arbitrator shall use in making his award. The legislation does not contemplate appeals from an arbitrator’s award. This portion of EFCA is extremely troubling. An arbitrator could place a healthy or struggling employer in a non-competitive or precarious financial position by granting significant increases in wages, benefits and other terms of competition. The arbitrator would also have final say over pensions, hours of employment, subcontracting, severance, and discipline and discharge of employees. While the statute contemplates that the arbitrator will decide what is in the first two year agreement, nothing in the statute prevents the arbitrator from requiring binding interest arbitration of successor agreements. Finally, EFCA would significantly increase the penalties faced by employers who intentionally or inadvertently commit unfair labor practices. Currently, employers are only required to pay back pay and provide reinstatement to employees discharged for union activity. Other violations of the NLRA, such as unlawful interrogation or threats, are subject to a cease and desist order, and a requirement that the employer post a notice stating it will not violate the law again. EFCA would require that the employer pay treble damages for unlawful discharges plus a civil penalty of up to $20,000, and civil penalties of up to $20,000 for all other unfair labor practices. There are many questions left unanswered by EFCA. For instance, how long will the authorization cards be valid? What if an employee claims he signed a card involuntarily? How can a card be checked for forgery? How can an employer challenge the appropriateness

of the claimed bargaining unit? What will be the standards for arbitration? EFCA is not the law yet. In 2007, EFCA passed through the Democratic controlled house by a vote of 241 to 185. It was stopped by one vote in the h P id are currently l preoccupied id Senate. While Congress and the President with the stimulus package on February 4, organized labor presented Congress with a petition signed by a million and a half employees supporting EFCA. Rep. George Miller of California is expected to reintroduce EFCA in the “near future.” While the House is firmly in Democratic control, the Senate may be able to get a filibuster proof majority. It is also possible that there may be a bipartisan compromise that may replace the card check provisions with “quickie” secret ballot elections, or remove the interest arbitration provisions. What can be done to protect your company? Contact your elected officials to let them know how you feel about this legislation. Conduct a human resources audit to determine the health of your organization. This includes reviewing policies and practices, and conducting employee satisfaction surveys. Educate employees and managers about your union-free philosophy, the dangers involved in signing a union authorization card, and the negative consequences of unionization. And, educate your managers about lawful and effective union avoidance techniques. In the end, a smart employer will be prepared to run a permanent union-free campaign.

7 Join Firm Continued from Page 1 & Denberg firm is comprised of seven prominent South Florida attorneys and is very compatible with our firm’s practice, philosophy and culture. It’s a perfect fit, resulting in one firm with a significantly strengthened set of core services.” “We are excited to join forces with Arnstein & Lehr,” said the Fieldstone partners. “The firm has a solid reputation and talented attorneys that enable us to better service our clients in a broad range of areas, both in the state of Florida and nationally.

Attorneys featured in this issue

Rebecca Abrams

William Anaya

James Brady

Steven Daniels

Michael Denberg

A R N S T E I N & L E H R U P D AT E

Yael Doron

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Notable cases & victories

Trade Show Continued from Page 2 assists Florida companies interested in doing business in Israel and identified Israeli trade and industry organizations with whom their office is affiliated. Event exhibitors included All-Ways Advertising, American Friends of Tel Aviv University, America-Israel Chamber of Commerce, Aquadoo, Arnstein & Lehr, Boardroom Communications, Broward County Office of Economic Development, Bank Leumi, and the Jewish Federation of Broward County.

Firm updates Web site to better serve clients, visitors Arnstein & Lehr recently completed an update to our firm’s Web site. This new version includes a complete overhaul of the Web site’s functionality. Our objective is to improve the overall usability of the site for our clients and visitors. The new site includes news digests throughout to offer visitors fresh and relevant content, a drop-down navigation menu that enables users to find content faster, and practice group and office pages designed to display fresh content relevant to those areas. The updated site also includes legal case studies to better illustrate the types of matters handled by the firm and highlight successes Arnstein & Lehr has achieved for our clients. We also now feature a Newsroom page that allows visitors to browse all of the latest headlines in four separate categories – News, Publications, Events, and Case Experience. Easy one click RSS subscriptions and Share This links are available throughout the site. And, Print This icons now afford visitors the opportunity to print formatted attorney biographies.

Waxman, Hirsch obtain not guilty verdict for pediatrician in $7 million malpractice law suit Chicago Partner David Waxman and Associate Jason Hirsch recently obtained a not guilty verdict on behalf of their pediatrician client following a two-week medical malpractice trial. The plaintiff sought in excess of $7 million in damages. The jury was out just forty minutes before returning its verdict. Judge Kendall Wenzelman of the Kankakee County Circuit Court presided. The plaintiff was a girl who saw the firm’s pediatrician client for one visit, when she was thirteen months old. Although the girl was presented for the treatment of eczema, the plaintiff alleged that the pediatrician was obligated to refer her for blood lead testing because she was at the age most susceptible to lead poisoning and lived in an area described by the state of Illinois as at high risk for lead poisoning. The girl was diagnosed 2 ½ years later with significant developmental delay and severe lead poisoning. Thereafter she was diagnosed as autistic. She is now severely disabled and will be incapable of living independently. Waxman and Hirsch contended that, notwithstanding the plaintiff’s high risk status, the standard of care, in accord with the guidelines of the Illinois Department of Public Health, required assessment of lead poisoning issues only at a well child visit, unless the patient presented with symptoms that could be attributable to lead poisoning. The defense also contended that the girl’s symptoms were attributable to autism, and that while she was lead poisoned, it merely would have exacerbated certain of her limitations already caused by her autism. The defense further contended that the plaintiff could not establish that she was, in fact, lead poisoned at the time of her visit to the pediatrician and that expert testimony presented by the plaintiff in this regard was junk science. The defense presented supportive testimony from pediatricians, pediatric neurologists, and a lead poisoning expert.

Attorneys featured in this issue

Kenneth Dreyfuss

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Meghan Dwyer

Ronald Fieldstone

Luis Flores

Allan Goldberg

Jason Gordon

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Klein, Starkman and Tremblay obtain dismissal in malicious prosecution case Chicago Partners Arthur Klein, Paul Starkman and Jason Tremblay recently obtained a win in the U.S. Court of Appeals for the Seventh Circuit when it affirmed the dismissal of a computer programmer’s malicious prosecution suit against his former employer (a national retailer). The Seventh Circuit held that there was probable cause for the former employer to have brought the underlying criminal charge of felony computer tampering against the departed employee. After years of hard-fought litigation, Starkman and Tremblay were able to develop the evidence of probable cause showing that the plaintiff was a disgruntled employee who erased valuable computer data on his way out the door. Klein supervised the case on appeal.

Shareholder dispute victories secured by Malitz, Kantz Partners Steven Malitz and Erik Kantz have a knack for obtaining fantastic results for their business clients in heated shareholder disputes. In one such matter, Malitz and Kantz took over for prior counsel who had failed to successfully defend a home health care business in a suit brought by a disgruntled shareholder alleging waste and seeking corporate documents.

wife permanently separated from the company, both suits were forever dismissed and all claims of any kind and type were forever released. Thereafter, Malitz and Kantz prepared the proper corporate documents to ensure that all formalities were observed and to avoid future shareholder litigation. By achieving this total separation of the shareholder and wife, and by removing the distraction and expense of languishing litigation, the company was able to begin an intense marketing campaign and reclaim its market share. In other action, Malitz and Kantz represented four officers of a corporation who were held hostage by the purported sole shareholder of a real estate and mortgage brokerage business. Although the officers were promised shares in the business, the corporate documentation was lacking. Further, the officers were prevented from practicing their professions elsewhere due to onerous restrictive covenants contained in one-sided employment agreements. As a result, the officers were working tirelessly to cultivate another’s business for nearly no remuneration or stake, and feared that their departure and competition would result in suit. Malitz and Kantz devised and executed a plan by which the officers lawfully separated from the business; terminated liability from third parties or from the state for acts or transactions done in the name of the business; staved off eviction from the office suite; obtained a novation of the lease through extended negotiations with the landlord thereby maintaining the coveted office suite; maintained the employees and assets of the business; and continued in the practice of their profession. Through their efforts, Malitz and Kantz enabled their clients to start their professional lives anew without the stress or specter of viable suit from the owner of the former business.

In a companion suit, the rogue shareholder’s wife--who was previously a consultant and landlord of the company--sued for rent and claimed compensation for services rendered. In reality, the shareholder sought an exorbitant sum for a buy-out of his shares, and based his demand on an inflated valuation of the company. There were minimal corporate documents and no shareholders agreement. As new counsel, Malitz and Kantz immediately stepped in and defended both suits, demonstrating that the shareholder and his wife breached fiduciary duties to the company by failing to work and devote time and attention to the company, by diverting patients to a competitor and by making unauthorized expenditures.

Arnstein & Lehr settles construction defects and design claim against builder

In beating down the buy-out demand, Malitz and Kantz also showed that the valuation was unreasonable and unsubstantiated. Despite the absence of any corporate documents, Malitz and Kantz quickly and ably forced a settlement whereby the company repurchased the shares for a minimal buy-out, the shareholder and his

The settlement was for a high six figure number. The condominium association client’s building was completed in 2005 and sales of all of the units occurred in 2006 and 2007. The association’s first unit owner board of directors sought Arnstein & Lehr’s assistance in

Jason Hirsch

Phillip Hudson, III

Tal Izraeli

Partner Allan Goldberg and Arnstein & Lehr recently settled a construction defects and design claim against a national builder/ developer of a new condominium property in the River West area of Chicago.

Martin Kalish

Erik Kantz

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Arthur Klein

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pursuing numerous construction, design, and financial accounting claims against the developer. At the firm’s suggestion, the association engaged the services of certain construction experts to evaluate the new residential project. It was determined that the developer had not completed, or improperly completed, certain portions of the building’s common areas. Additionally, the association claimed that the developer had falsely advertised the existence of significant association amenities, such as a new park across the street from the association’s building being improved for the exclusive use of the residents of the building. In fact, the developer made a deal with the City of Chicago that the park would be basically open to the public dawn to dusk -- Chicago Public Park hours. Additional claims were for monies due the association for unpaid condominium assessments, and a dispute over $230,000 of utility payments the developer claims it overpaid prior to turnover. After six months of negotiation, demands, offers, and counter offers, the association settled all matters without having to resort to litigation.

Arnstein & Lehr welcomed four attorneys to our Chicago office this spring. From left to right they are Partner Phillip Ruben, Associate Mary Ann Sullivan, Associate Kevin Morse, and Partner Joseph Vitek.

New additions

Joseph Vitek strengthens Estate Planning Group in Chicago office

Phillip Ruben joins Business Group Attorney Philip Ruben recently joined the firm’s Chicago office as a partner in our Business Group. Prior to joining Arnstein & Lehr, Ruben was a partner at Levenfeld Pearlstein, LLC in Chicago, where he was a member of the Corporate Practice Group, the Restructuring and Insolvency Group and sat on the executive committee and promotions committee. He concentrates his practice on representing private and public companies and has extensive experience in mergers and acquisitions, venture capital investment and both public and private equity and leveraged transactions. Ruben served as president of the North Suburban YMCA and recently saved the facility from foreclosure by restructuring loans, attracting new donors and members, and reorganizing management. He currently serves as the co-chairman of the capital campaign for the YMCA and as an advisory director for the American Theater Company in Chicago.

Attorney Joseph Vitek recently joined the firm as a partner in the Chicago office of the Estate Planning & Probate Administration Practice Group. Prior to coming to Arnstein & Lehr, Vitek was a partner at Pedersen & Houpt in Chicago, where he was a member of the Wealth Preservation and Trusts and Estates Practice Groups. He has extensive experience assisting clients with all aspects of their personal income tax planning, consulting business owners in business succession and continuation plans, developing and implementing comprehensive strategic wealth transfer plans, and in general estate and trust administration.

Two associates join Chicago office Mary Ann Sullivan recently joined the firm’s Chicago office as an associate in the Real Estate and Tax Practice Groups. She will focus her practice on property tax assessment and ad valorem taxation issues. Sullivan comes to the firm from Chapman & Cutler LLP in Chicago, where she concentrated her practice in the area of real estate law. She also previously served as general counsel and director

Attorneys featured in this issue

Samuel Levine

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Steven Malitz

Robert McKenzie

Hal Morris

Kevin Morse

Richard Rosenbaum

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of the legal department for the Cook County Assessor. In this role she advised attorneys, corporations, not for profits, governmental agencies, and the public on all issues related to property valuation, taxation and exemption.

featured in a recent edition of both the Tampa Bay Times and the St. Petersburg Bay Link.

Attorney Kevin Morse also recently joined the firm’s Chicago office as an associate in our Bankruptcy, Creditor’s Rights & Restructuring Group. Morse was previously a judicial law clerk for Judge Thomas B. Donovan with the United States Bankruptcy Court, Central District of California, Los Angeles Division, prior to moving to Chicago. He is a 2007 graduate of Pepperdine University School of Law and the University of Colorado.

Several attorneys in the South Florida offices of Arnstein & Lehr were named Top Lawyers in the 2009 South Florida Legal Guide.

Tampa office adds associate Attorney C.B. Upton recently joined the firm’s Tampa office as an associate in both our Bankruptcy, Creditor’s Rights & Restructuring Group and the General Commercial Litigation Group. Upton was previously a deputy solicitor general in the office of the Florida Solicitor General. He also served as a law clerk to Judge Eugene E. Siler, Jr., United States Court of Appeals for the Sixth Circuit. He is a 2006 graduate of Stetson University College of Law.

Honors and appointments Robert McKenzie Named IRS Advisory Council Member

South Florida Legal Guide names top lawyers

In the Fort Lauderdale office, Partners James Brady (real estate, municipal), Richard Rosenbaum (white collar, litigation), and Franklin Zemel (appellate, litigation) were recognized. West Palm Beach Partner Steven Daniels was named to the list for real estate and municipal work. Miami Partners Phillip Hudson (bankruptcy, creditors rights), Martin Kalish (health care), and Jeffrey Shapiro (trial practice) were also named Top Lawyers.

Steven Daniels elected temple co-president West Palm Beach Partner Steven L. Daniels was recently elected co-president of Temple Beth El in West Palm Beach.

Arnstein & Lehr attorneys named to Super Lawyers Corporate Counsel edition Four Arnstein & Lehr partners were recently named to the Super Lawyers Corporate Counsel March/April 2009 issue. They included Miami Partner Jeff Shapiro and Chicago partners Hal Morris, Howard Swibel and Michael Turoff.

Chicago Partner Robert McKenzie was recently selected as one of four new members of the Internal Revenue Service Advisory Council (IRSAC). The 30-member panel, comprised of individuals throughout the country, provides an organized public forum for IRS officials and representatives of the public to discuss key tax administration issues. The council provides the IRS commissioner and division leadership with important feedback, observations and suggestions.

Fort Lauderdale summer associate recognized at national moot court competition

Maggie Storino named Rising Star

Delgado’s team advanced to the quarterfinals, besting 21 other law schools. He finished second in the Best Overall Oralist category. A second year student at St. Thomas University School of Law, he is a member of the St. Thomas Law Review.

Tampa Bay Associate Maggie Storino has been named a Rising Star by the Tampa Bay Times. An article outlining her career was

Philip Ruben

Daniel Schlade

Jeffrey Shapiro

Jorge Delgado, a 2009 summer associate in the Fort Lauderdale office, recently competed in the Thurgood Marshall Memorial Moot Court Competition held March 19-20 in Washington, D.C. It was sponsored by the Young Lawyers Division of The Federal Bar Association.

David Shear

Mark Spognardi

Paul Starkman

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Jason Gordon Joins Jewish Federation Service Project in New Orleans Fort Lauderdale Associate Jason Gordon recently returned from New Orleans where he joined 600 men and women from Jewish Federations throughout the U.S. and Canada in a service project to create a St. Bernard Parish recreation area. Jason was one of seven members of a delegation from the Young Leadership Division of the Jewish Federation of Broward County who made the trip March 14-17 to attend the United Jewish Communities National Young Leadership Conference. A story on their service project appeared in the Broward Jewish Journal.

news, weather and dynamic content for Web sites, intranets and interactive properties. AARP Bulletin Today also picked up the USA Today story and posted it on their Web site in the Personal Finance section. McKenzie continued to be a hot interview for publications continuing to follow the story concerning the IRS’ pursuit of US citizens hiding assets in offshore accounts. He is quoted extensively in The National Law Journal article “Lawyers help clients fess up on offshore taxes” that appeared in a recent issue. The article is also featured online at Law.com.

Justin Weisberg interviewed on Chicago’s CBS affiliate concerning home construction defects

In the news National, international media seek Robert McKenzie’s input on IRS efforts to collect billions in unreported income Chicago Partner Robert McKenzie, a noted authority concentrating his practice in representation before the Internal Revenue Service and state tax agencies, was featured in several national and international news stories in recent weeks regarding the IRS’ efforts to uncover the identities of approximately 52,000 UBS bank account holders in which Americans may be holding $15 billion in an effort to avoid paying U.S. taxes. The Associated Press quoted McKenzie in its article, “UBS deal shakes foundations of Swiss bank secrecy” that was picked up by more than two dozen publications, including the Chicago Sun Time, Los Angeles Times, MSNBC and Forbes. The Wall Street Journal also interviewed McKenzie concerning the case. And, one lead story in USA Today’s Money section featured quotes from McKenzie, discussing the options for UBS clients, the bank, and how some of the cases may end up. Bob is representing clients who have accounts with the Swiss bank. Other news outlet’s with news featuring McKenzie on the subject included stories distributed by Swiss Info, a Swiss news and information platform about Switzerland, business, culture, sport, and weather; AHN, a global news service and provider of real-time

Chicago Partner Justin Weisberg was interviewed March 31 for a story appearing that evening on Chicago’s CBS 2 TV station. He was asked for his expertise as a construction attorney on what recourse homeowners have when their home begins to crack and shift as a result of a poor foundation, built on sandy soil.

Samuel Levine invited to sit as Loyola Consumer Law Review advisory board member Chicago Partner Samuel Levine recently accepted an invitation to sit as an advisory board member on the Loyola Consumer Law Review (CLR). The CLR publishes scholarly articles on legal issues relating to and affecting consumers. The board consists of academics and practitioners who have made contributions to the CLR over the years and, in doing so, have shaped what the Journal has come to be. As a board member, Samuel’s responsibilities include offering suggested improvements to the Journal, providing aid in soliciting new articles, and providing help to publicize it.

Erik Kantz speaks at ABA Business Law Section spring meeting Chicago Partner Erik Kantz recently spoke at the spring meeting of the American Bar Association’s Business Law Section, held this year at the Pan-American Conference Center in Vancouver, British Colombia. Kantz moderated a panel titled Start Smart: What Clients Should Know (And How To Tell Them) About Entity Selection, Owners’

Attorneys featured in this issue

Maggie Storino

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Mary Ann Sullivan

Howard Swibel

Jason Tremblay

Michael Turoff

C.B. Upton

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Agreements and Funding, which addressed legal and business issues affecting entrepreneurs and start-up companies. This program was a follow-up to his panel’s presentation to the ABA Business Law Section’s Middle-Market and Small Business Committee at its annual meeting this past January in Scottsdale, Arizona.

Richard Rosenbaum comments on Anna Nicole Smith case Fort Lauderdale Partner Richard Rosenbaum was interviewed by the Miami Herald concerning the Anna Nicole Smith case. Smith’s ex-boyfriend and doctors have been charged with providing her with excessive amounts of prescription drugs. The article appeared in the March 13 edition of the paper.

Arnstein & Lehr attorneys participate in homeowner foreclosure hot line Chicago Partners Samuel Levine and Daniel Schlade answered calls at a hot line on Saturday, January 10 for homeowners who are concerned about possible foreclosure. The hot line was sponsored by the Attorney’s Title Guaranty Fund, Inc.

Phillip Hudson interviewed by WPLG-TV News Miami Partner Phillip Hudson III was a guest on WPLG-TV, February 9. Hudson was interviewed during a news segment on Coral Gables dentist Rene Diedra, whose practice is currently in Chapter 7 bankruptcy. He discussed the decreasing likelihood of the dentist’s patients receiving money owed to them by the dentist. WPLG Local 10 is ABC’s Miami affiliate station.

Steven Malitz participates in Chicago Bar Association ‘You and the Law’ TV series Partner Steven Malitz was recently interviewed as part of the Chicago Bar Association’s “You and the Law” television series. Malitz spoke on the practice of law from a litigation perspective and what it takes to excel as a litigator and service provider. The show was geared toward college and law school students interested in embarking on a legal career. The 30-minute show will air on television and will be circulated by DVD to college campuses throughout the U.S.

Mary Cannon Veed

Joseph Viteck

David Waxman

Howard Swibel honored during Illinois Holocaust Museum Inaugural Gala Chicago Partner Howard Swibel was honored during the Inaugural Gala of the Illinois Holocaust Museum & Education Center on April 2 for his tireless support of the Museum. Swibel has served as vice president and general counsel for the Museum for more than 10 years and assisted its board of directors in guiding it through the legal maze of land acquisition, financing, and construction toward the opening of the Left to right, Museum President Samuel R. Harris, Skokie museum on Campaign Chair J.B. Pritzker, Arnstein & Lehr Partner Howard Swibel, and Director of Donor April 19. Relations Barbara Berger.

More than 2,500 attended the Inaugural Gala event to celebrate its completion. Former Secretary of State Gen. Colin Powell was the keynote speaker at the Gala. Gala attendees included Illinois Governor Pat Quinn and Chicago Archbishop Cardinal Francis George. Former President Bill Clinton served as keynote speaker during the Museum’s opening, which included more than 12,000 attendees. The Illinois Holocaust Museum & Education Center is the largest institution in the Midwest dedicated to preserving the memories of those lost in the Holocaust and teaching current generations to fight hatred, indifference and genocide in today’s world.

Richard Rosenbaum speaks at death penalty seminar Fort Lauderdale Partner Richard Rosenbaum was a presenter at the Florida Association of Criminal Defense Lawyers’ (FACDL) fifteenth annual Death Penalty Seminar in Orlando on March 28. Rosenbaum’s session, Introducing Evidence of Insanity: Are You Crazy, examined the insanity plea.

Justin Weisberg

Raymond Werner

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Franklin Zemel

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Paul Starkman speaks on executive compensation at ABA meeting Chicago Partner Paul Starkman spoke March 27 on executive compensation at the midwinter meeting of the American Bar Association’s Employment Rights & Responsibilities Committee. Starkman was part of a panel presentation entitled For Whom the Deal Tolls: Legal Issues for Executive Employment Agreements in Preand Post-Acquisition Settings. Starkman’s paper for the program was entitled A Primer on the Impact of the New Economic Stimulus Laws and IRC §409A on Executive Compensation in Mergers and Acquisitions.

Bill Anaya, Samuel Levine participate in ISBA Real Estate Update course Chicago Partners Bill Anaya and Samuel Levine recently participated in the Illinois State Bar Association’s Real Estate Update Course, held April 24, in Lombard, Illinois. Anaya served as the program coordinator/moderator and Levine served as a panelist on the session Short Sales, Foreclosure, Workouts and Deeds in Lieu of Foreclosure and Representing Purchasers of Distressed Property. Anaya also spoke on Practical Environmental Considerations for Illinois Lawyers. The seminar was designed for mid-level general practitioners and real estate attorneys and examined the critical issues facing those concentrating their practice in real estate.

Books, journals and articles Mark Spognardi article on Employee Free Choice Act appears online at Industryweek.com Chicago Partner Mark Spognardi’s article The Employee Free Choice Act: Protecting Your Manufacturing Business was posted online March 4 at Industryweek.com. His article reviews concerns with the law and the impact it could have on the manufacturing sector. The article was also featured in the March 6 edition of the IndustryWeek Manufacturing Buzz newsletter, which is sent to 11,000 subscribers.

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Jason Tremblay updates Employment Law Toolkit Chicago Partner Jason Tremblay recently updated The Employment Law Toolkit - How to Protect Your Business from Liability and Comply with State and Federal Employment Laws for 2009. The Toolkit serves as a resource for business professionals and executives who are involved in the day-today operations of a company or who The Employment Law Toolkit otherwise are thinking about starting a company. It highlights some of the major laws and regulations facing employers in Illinois, and offers practical suggestions on how to avoid costs and liability. How to Protect Your Business From Liability and Comply with State and Federal Employment Laws

2009 edition

The 2009 edition includes chapters on, E. Jason Tremblay among other topics, employer posting requirements, record retention, employee handbooks, employment statutes such as the FMLA, ADA and COBRA, hiring of employees, protectingg confidential information (restrictive covenants), classification of workers, discrimination, properly investigating harassment, discrimination and retaliation, worker safety (workers’ compensation and OSHA), immigration, discipline and termination of employees, and maintenance of a union-free company. 120 S. Riverside Plaza, Suite 1200 Chicago, Illinois 60606 p. 312.876.6676 f. 312.876.7346 [email protected] www.arnstein.com

Richard Rosenbaum authors Verdict magazine article Fort Lauderdale Partner Richard Rosenbaum wrote an article for the April 2009 issue of Verdict magazine. The article, What Monster Lies Behind Door #2? Thinking Ahead in Jury Selection, a Primer, examines jury selection processes, challenges and things to consider. The article was co-written with Lori Jane Butts, J.D, PhD, and John Spencer, PhD.

Samuel Levine writes for ACREL newsletter The December issue of the American College of Real Estate Lawyers (ACREL) newsletter featured an article by Chicago Partner Samuel Levine. The article, Defining the Contours of Subrogation discusses cases in which subrogation applies and the effects it has.

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Meghan Dwyer authors column in new women’s litigation magazine Chicago Associate Meghan Dwyer is a columnist for a new magazine called Sue: For Women in Litigation. The publication is designed specifically for women professionals in the litigation practice specialty. Her first column in the inaugural issue is entitled A Balancing Act for the 1st Year Litigator. Ms. Dwyer is a member of the Federal Communications Law Journal. She worked previously with CNN’s Washington, D.C. Political Unit as a researcher for Inside Politics with Judy Woodruff.

Tal Izraeli published in Practical Real Estate Lawyer Chicago Associate Tal Izraeli recently published an article entitled Documenting The Acquisition of a Distressed Real Estate Loan (With Forms) in the January issue of The Practical Real Estate Lawyer. The article provides an overview of the due diligence and documentation of acquisitions of distressed real estate loans.

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This newsletter provides information on current legal issues. The information should not be construed as legal advice or opinion in particular situations or applications. © 2009

A R N S T E I N & L E H R U P D AT E

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SPRING 2009

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S P R I N G 2 0 0 9 U P D AT E In this issue Seven join Arnstein & Lehr Miami office strengthen firm’s Florida presence Attorneys in the Coral Gables law firm of Fieldstone Shear & Denberg LLP joined Arnstein & Lehr LLP on April 1. Ronald Fieldstone, David Shear and Michael Denberg joined the firm as partners, while Rebecca Abrams, Yael Doron, Kenneth Dreyfuss, and Luis Flores are now associates with the firm. (Cover Story)

Employee Free Choice Act (EFCA). Though not currently the law, this legislation would transform labor relations in the United States to the detriment of employers. (Page 2)

Arnstein & Lehr updates firm Web site Arnstein & Lehr recently completed an update to our firm’s Web site. This new version includes a complete overhaul of the Web site’s functionality. Our objective is to improve the overall usability of the site for our clients and visitors. (Page 4)

Other top news

Firm launches General-Counselor employment law blog

• Notable Cases & Victories: Partner David Waxman, Associate Jason Hirsch obtain not guilty verdict for pediatrician in $7 million malpractice law suit. (Page 4)

Arnstein & Lehr recently launched our blog, General-Counselor.com. It is designed as an educational resource for employers, human resource professionals, general counsel and labor relation’s officers to better understand their legal requirements and obligations as governed by the federal statutes. (Cover Story)

• New Additions: Partners Phillip Ruben and Joseph Vitek join our Chicago office along with Associates Mary Ann Sullivan and Kevin Morse; Associate C.B. Upton strengthens Tampa office. (Page 6)

The threat of the Employee Free Choice Act

• In the News: National, international media seek Partner Robert McKenzie’s input on IRS efforts to collect billions in unreported income. (Page 8)

While Congress and the Obama administration are preoccupied with the stimulus package, employers are becoming increasing concerned about legislation called the W W W. A R N S T E I N . C O M

• Books, Journals & Articles: Partner Jason Tremblay updates Employment Law Toolkit. (Page 9)