Arnstein & Lehr Update Newsletter Summer 2008

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Arnstein & Lehr group advises lenders, aids corporations facing financial distress Arnstein & Lehr recently announced the formation of the Commercial Solutions Service Group to assist clients in navigating the increasingly complex legal issues that have emerged in connection with situations of financial distress in the current economic climate. The service group is comprised of attorneys from our offices in both Chicago and Florida including those who work in the following Arnstein & Lehr practice groups: Banks & Financial Institutions, Bankruptcy & Creditors' Rights, Condominium & Community Associations, Construction, Litigation, Real Estate and Tax Practice Groups. “The formation of this group is not an attempt to provide lip service to an emerging business opportunity as we have witnessed law firms do so often in the past,” said Dino Armiros, an Arnstein & Lehr partner and Chicago co-chair of the service group. “Rather, this service group is a reflection of the complex business issues facing companies and financial institutions in today’s economy. Clients increasingly require legal counsel that understands the intersecting spheres of decisions and considerations that exist when faced with a foreclosure or other financial hardship. It is ASSISTANCE Continued on Page 4

Firm launches Construction Practice Group Arnstein & Lehr recently launched the Construction Practice Group to take advantage of the significant expertise of attorneys within the firm. The Construction Practice Group represents private, public, local and international clients in a variety of construction-related transactions and litigation matters. Attorneys in the group include Chicago attorneys Matt Bryant, Barry Chatz, Mark Enright, Samuel Levine, Hal Morris, Dan Schlade, Mark Spognardi, Skip Starck, Paul Starkman, and Justin Weisberg. They are joined by Alan Kipnis in Fort Lauderdale and Ron Marlowe in Tampa. Justin Weisberg and Matthew Bryant recently joined the firm and significantly strengthen the expertise of the Group. Weisberg represents engineers, architects, design builders, developers, owners, contractors, subcontractors and insureds regarding numerous issues related to construction design and insurance coverage law. His prior work as a registered professional engineer in both Illinois and Florida allows him to utilize in his law practice his previous engineering experience. He is a graduate of the University of Illinois and Chicago-Kent College of Law. Bryant represents owners, architects, engineers, contractors, and subcontractors in lawsuits relating to construction defects, mechanics liens, bond claims, delay claims, change order disputes and fraud. Bryant is a graduate of the University of Chicago and Loyola University Chicago School of Law.

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FMLA amended to extend leave to military families by E. Jason Tremblay Partner, Arnstein & Lehr

Jason Tremblay is a partner in Arnstein & Lehr’s Litigation Practice Group. He focuses his practice in employment, commercial, and real estate litigation. In the employment area he has extensive experience representing employers and employees in a broad range of personnel matters and employment-related issues. He has successfully represented employers in both federal and state court in a wide variety of employment related lawsuits, including the enforcement of restrictive covenants, Title VII and Americans with Disabilities Act discrimination claims, trade secret, and unfair competition matters. He also frequently drafts employment contracts, employment policies and employee handbooks.

On January 28 President Bush signed legislation amending the Federal Family and Medical Leave Act of 1993 (FMLA) granting FMLA protected leave to employees who provide care to wounded U.S. soldiers, as well as to family members of military personnel called to active duty. This is the first expansion of the FMLA since the law was enacted in 1993, and the amendments are effective immediately. Up until now, the FMLA generally required employers of 50 employees in a 75 mile radius to provide up to 12 weeks of unpaid leave to eligible employees who have a serious health condition or employees who are needed to care for a parent, child or spouse with a serious health condition. The recent modifications to the FMLA create two new circumstances in which eligible employees with family members in the Armed Forces may take protected FMLA leave. Caregiver leave to care for injured servicemember First, the new amendments more than double (from 12 to 26 weeks per year) the available time an eligible employee can take off from work to care for an injured servicemember. Specifically, the amendment provides that the spouse, child, parent or “next of kin” (defined as the “nearest blood relative”) of a “covered servicemember” is entitled to the leave to care for the servicemember, which broadens the class of employees who can take FMLA leave. A “covered servicemember” is defined as a member of the Armed Forces (including the National Guard or reserves) who suffered an injury or illness while on active-duty that may render the person medically unable to perform the duties of the member’s office, grade, rank FMLA Continued on Page 3

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Form I-9 verifying employees’ authorization to work in U.S. updated by E. Jason Tremblay Partner, Arnstein & Lehr The U.S. Citizenship and Immigration Services (USCIS) (formerly the INS) recently announced the release of a new Form I-9 to be used by employers to verify an employee’s authorization to work in the United States. The revision to Form I-9 is significant since other efforts towards comprehensive immigration reform have stalled in Congress or the courts. The new Form I-9 should be implemented immediately by all employers for their new hires. On the revised Form I-9, the USCIS has eliminated five documents from the List of Acceptable Documents (List A), thereby reducing the number of documents that prospective employees can use to establish their authorization to work in the United States. The documents that were removed from List A lacked security features that deter counterfeiting, tampering and fraud. Specifically removed from List A are the following documents: 1. Certificate of U.S. Citizenship (N-560 or N-570); 2. Certificate of Naturalization (N-550 or N-570); 3. Alien Registration Receipt Card (I-151); 4. Unexpired Reentry Permit (I-327); and 5. Unexpired Refugee Travel Document (I-571). Therefore, starting immediately, employers should not accept the foregoing documents when completing a Form I-9 for a new hire (or for an existing employee who requires re-verification). Form I-9 Continued on Page 3

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FMLA Continued from Page 2 or rating. In short, the FMLA amendments provide for an additional 14 weeks of unpaid leave (beyond the original 12 weeks) for those eligible employees when they are caring for injured soldiers. This new FMLA “caregiver” leave is apparently only available once during a single 12 month period. Active duty leave Second, the recent amendments to the FMLA also add a new qualifying event for the 12 weeks of FMLA leave. Specifically, the statute now provides up to 12 weeks of leave because of any “qualifying exigency” arising out of the fact that a covered employee’s spouse, child or parent is on, or has been called to, active duty in the Armed Forces. While Congress has not yet defined the term “qualifying exigency,” it is expected that the Secretary of Labor will soon issue regulations defining what that term means. This new FMLA amendment broadens the existing Illinois Family Military Leave Act which, among providing other benefits, allows an eligible employee at least 15 days of unpaid leave if they are either a spouse or parent of a soldier being called into active military duty, without regard to any medical issues. Because these amendments simply amend the original 1993 statute, other traditional FMLA requirements, such as the 50 or more employee threshold, the requirement to continue group health plan coverage during the leave and returning the employee to the same or equivalent position as when their leave commenced, will still apply to the newly granted types of FMLA leave. Additionally, the employer may still require the substitution of any of the employee’s accrued paid vacation leave, paid time off, personal leave, family leave, or medical or sick

Form I-9 Continued from Page 2 The USCIS has, however, added to List A that an Unexpired Employment Authorization Document (I-766) is now an acceptable document to verify an employee’s identity and authorization to work in the United States. As a result, employers should accept an unexpired I-766 from a new hire when completing the employee’s Form I-9. The new Form I-9 instructions also provide that an employee is not obligated to provide a social security number in Section 1 of Form I-9 unless the employee is employed by an employer who participates in the USCIS’s Electronic Employment Eligibility Verification Program, also known as E-Verify. This revision is significant for Illinois employers because Illinois recently passed a law prohibiting Illinois employers from participating in the E-Verify program. The revised and updated Form I-9 is available at no charge from the USCIS website at www.uscis. gov/i-9. Employers are strongly encouraged to begin using the revised Form I-9 immediately because, as of December 26, 2007, noncompliant employers may be fined or penalized for not using the new Form I-9. Employers are finally advised that they only need to complete a new Form I-9 for new hires. They do not need to complete a new Form I-9 for existing employees unless these employees require reverification. If you have any questions regarding the revised Form I-9 or its implementation, please contact your labor and employment law attorney at Arnstein & Lehr LLP.

FMLA Continued on Page 4 Attorneys featured in this issue

William Anaya

Konstantinos (Dino) Armiros

Patrick Ayers

Bruce Balonick

Brandon Bell

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Matthew Bryant

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ASSISTANCE Continued from Page 1 designed to appreciate those challenges and help clients both protect and maximize the value of their assets in a contracting economy.” The new service group anticipates aiding clients in a variety of situations, including: • Builders and developers facing construction issues and financial difficulties as a result of the housing collapse. • Banks weighing their legal options when faced with the possibility of taking over management of a property that is partially-built. • Protecting contractors and developers with enforcement of mechanics’ liens on real estate subject to foreclosure • Aiding lenders and borrowers in avoiding lengthy Chapter 11 proceedings. • Navigating the myriad tax concerns that emerge during workouts. • Aiding retailers and landlords of retail properties during bankruptcy proceedings. • Counseling condo associations whose funding has been impacted and limited by foreclosure proceedings. “In many ways, banks, contractors, landlords and other organizations have entered uncharted territory in this economy,” explained Samuel Levine, the group’s co-chair. “This service group is designed to help companies explore every option and opportunity as opposed to the traditional ‘silo’ approach in which every problem requires the same solution. Today’s volatile market conditions present unique situations that require unique and creative legal solutions,” he added. For assistance or questions please contact Messrs. Armiros and Levine at (312) 876-7100.

FMLA Continued from Page 3 leave for any portion of the new leave entitlements. The FMLA amendments became effective mmediately when President Bush signed them into law on January 28, 2008. The Secretary of Labor will now begin work on regulations to implement the new provisions and to provide guidance for employers and employees. In the meantime, however, employers are required to comply with the new FMLA amendments. In light of these recent and significant modifications to the FMLA, employers should take the following steps: • Amend their FMLA policies to provide employees with notice of these new leave entitlements and disseminate them to employees in a way that will enable the employer to prove receipt of the new policies; • Prepare updated certification forms that employees needing leave under the amendments can take to military authorities to verify their eligibility for leave; • Establish procedures so that employees subject to these leave entitlements can maintain benefits while on leave, and to enable employees to be reinstated (when appropriate) at the conclusion of their leave; • Obtain and post updated FMLA posters for the worksites; and • Train employees and supervisors on the FMLA’s new obligations and rights. Arnstein & Lehr will provide additional notices and information when the Department of Labor issues any regulations defining or interpreting the new FMLA provisions. In the meantime, if you have any questions regarding the new FMLA amendments, or any other employment related question, please contact E. Jason Tremblay or your Arnstein & Lehr LLP employment attorney.

Attorneys featured in this issue

Barry Chatz

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Andrea Cox

Raechelle Delarmente

Sonja Dickens

David Dunkin

Mark Enright

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Notable cases & victories Three successfully argue board’s decision to increase workers’ compensation premium An Arnstein & Lehr trucking company client was recently audited and received a bill for their workers' compensation insurance which increased their premium from $1,400 to more than $160,000. The insurer claimed that all of the company's independent contractor truckers were "employees" of the trucking company. It was in a position to block the client from obtaining workers’ compensation insurance on its few real employees unless it paid up. Because the company could not operate without workers’ compensation insurance, or because of the huge unexpected expense, this situation put the trucking company's continued survival in doubt. Arnstein & Lehr partners, Brandon Bell, Mary Cannon Veed and Jason Tremblay took the matter to the Illinois Workers’ Compensation Appeals Board (WCAD), which ordered the insurer to allow the client access to insurance while the dispute was pending. The team then demonstrated that the truck drivers had been mischaracterized. The WCAB ordered a new premium audit which reduced the additional premium to $600. The team also advised the client concerning ways to protect themselves and ensure this situation did not reoccur.

Chicago partners negotiate purchase of Chicago industrial complex Chicago Partner Allan Goldberg and Chicago Attorney Robert Lasky recently represented a client on the acquisition of an industrial complex on Western Avenue in Chicago consisting of one city block and six vacant buildings. The acquisition involved negotiations with a very demanding seller insisting that the purchaser buy the complex with no representations or warranties and limited due diligence. There were also serious environmental problems which Chicago partner Bill Anaya was able to resolve after lengthy discussions. He also reviewed existing and additional environmental reports to the client’s satisfaction. In addition, the team had to negotiate the rehabilitation contract with a major industrial builder who was included in this project.

Hardeman and Cox successfully defend client in $1.3 million premises liability case Don Hardeman, a partner in Arnstein & Lehr’s Miami office, and

Toby Eveland

Thadford Felton

Loren Fender

Miami associate Andrea Cox, recently secured a defense verdict on a premises liability case in Miami-Dade County where the plaintiff sought $1.3 million in damages. Hardeman and Cox represented a North Miami Exxon service station where the plaintiff, a 24-year-old Hispanic male, claimed to have been a customer using the carwash. When he stepped out of his pick-up truck, he claims to have stepped into a 2' X 2' drain hole, which did not have its metal grate in place. He dislocated a finger and began complaining of lower-back pain. Six months after the accident, he had lower-back surgery for a herniated disc. His medical bills were about $60,000. He also claimed lost earnings and lost earning capacity of $300,000 and past and future pain and suffering and disability of $1 million. Hardeman and Cox’ client claimed the man was actually hired to work at the carwash and had started there on the morning of the accident. He slipped on the wet concrete floor and injured his finger. His lower-back injury, they argued, was related to a prior high speed automobile roll-over accident that had occurred a few months earlier. After two-and-a-half hours of deliberations, the jury returned a verdict for Hardeman and Cox’ client. No money was awarded to the plaintiff. There are no post-trial motions and the plaintiff confirmed he will not appeal.

Eveland and Delarmente defend learning disabled student Chicago Associates William Eveland and Raechelle Delarmente recently represented a learning disabled student who was improperly removed from the Chicago Military Academy. The Individuals with Disabilities Education Act (IDEA) mandates that certain procedural safeguards are to be followed when a school changes the placement of a learning disabled student. In the case at hand, the school district removed the student due to disciplinary reasons, but maintained that it simply disenrolled the student from a voluntary military school and placed him back in his originally assigned school within the district. The school district argued that a transfer of schools within the same school district was not a change of placement and, therefore, did not trigger the IDEA safeguards. Navigating an unsettled area of the law, Eveland and Delarmente successfully argued that, because the student’s removal was in fact based on disciplinary reasons, a change of location on that basis constitutes a change of placement as contemplated by the IDEA and relevant Seventh Circuit case law. As such, the hearing officer determined

Scott Frank

David Golin

Michael Gesas

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that the student was entitled to the IDEA procedural safeguards prior to his removal, finding in his favor and against the Chicago Public Schools.

Three represent sibling in guardianship suit Chicago Partner Steven Malitz, along with Partners Bruce Balonick and Robert Ury, represented one brother in a contested guardianship suit. The client's mother appointed him power of attorney for healthcare and property, to the exclusion of another son. For many years, the client faithfully handled the mother's financial and healthcare affairs. The client's brother filed a petition with the probate court alleging that their mother required a guardian due to our client's abuse of the powers of attorney. Arnstein & Lehr attorneys successfully moved to dismiss the petition for guardianship arguing that the mother did not need a guardian in light of the powers of attorney executed by the mother in favor of our client and that, nonetheless, the client had fulfilled his duties as the agent for healthcare and property. Six months later, the client's brother filed a petition to revoke our client's powers of attorney arguing for the second time that the client abused the agency. Arnstein & Lehr obtained the dismissal of this second petition arguing that, in dismissing the first petition, the court had found that our client had fulfilled his duties as agent. Three months thereafter, the client's brother filed yet another petition to revoke our client's powers of attorney, arguing the same abuse by the agent. Malitz, Balonick and Ury won the dismissal of this petition. After three defeats in court, the brother filed another suit against our client, in his individual capacity, seeking reimbursement for healthcare services rendered to the mother. In connection with this suit, the brother subpoenaed the mother for deposition. Our attorneys had the subpoena quashed, under threat of sanctions against the brother and his counsel. Through their efforts, Malitz, Balonick and Ury succeeded in preserving the mother's wishes regarding her care.

Balonick, Malitz and Lau win case against rogue business Chicago Partners Bruce Balonick and Steven Malitz, together with associate Laura Lau, achieved a significant victory in the first of a number of such actions to be filed against rogue businesses acting

as currency exchanges without licensure by the Illinois Department of Financial Institutions. Arnstein & Lehr represents many Illinoislicensed community currency exchanges. On behalf of one such community currency exchange, the firm attorneys sought injunctive relief and damages for unfair competition against a business operating in its community as a currency exchange, but without a license to do so. The unlicensed business was cashing checks for a fee in violation of the Currency Exchange Act. The business claimed that it was exempt under the Act, because it was engaged in the business of selling tangible personal property at retail--the so called "merchant’s exemption." Despite the claimed exemption, Arnstein & Lehr attorneys argued that the business had admitted under oath that it was principally engaged in the business of wiring funds for a fee and, therefore, could not meet the statutory definition of a merchant. The judge agreed and granted the requested extraordinary injunctive relief restraining the business from cashing checks for a fee or otherwise rendering any services requiring licensure under the Currency Exchange Act. The injunction is now pending while Arnstein & Lehr attorneys litigate the monetary damages its client is entitled to receive as a result of the unfair competition by the unlicensed business.

Malitz defends real estate seller Chicago Partner Steven Malitz successfully defended a seller of real estate in a negligent misrepresentation claim. The buyer sought substantial monetary damages claiming that the seller--who allegedly remodeled and flipped the property--knew or should have known that the house was previously damaged by fire. The buyer therefore claimed that the seller should have disclosed the extensive fire damage to the buyer in the mandated residential real property disclosure report at the time of contract. Mr. Malitz argued that, assuming the seller negligently failed to discover and disclose such damage, the seller nonetheless had no duty to disclose such damage to the buyer. The attorney also argued that the buyer's claim was barred under the Moorman Doctrine which prohibits tort claims where a contract governs the parties' relationship and the plaintiff has incurred only economic losses. The buyer argued that the Moorman Doctrine did not apply because the seller was in the business of supplying information for the guidance of others in their business transactions with third parties. Malitz convinced the judge that the seller was merely selling property he owned and any information the seller provided

Attorneys featured in this issue

Maggie Hanel

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Alan Goldberg

Don Hardeman

Whitney Harrell

Phillip Hudson, III

Martin Kalish

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to the buyer was merely ancillary to the sale. Because the seller was not in the business of supplying information to the buyer, the seller owed no duty to the buyer to disclose any such damage and the Moorman Doctrine barred the claim. Malitz obtained the dismissal of the suit without the need of any discovery, depositions or a trial.

Felton and Tremblay obtain dismissal of racial discrimination charge Chicago Partners Jason Tremblay and Thadford Felton recently obtained a dismissal of a racial discrimination charge filed against a large hospital supply company before the Pennsylvania Human Rights Commission (PHRC). The complainant, a former forklift operator who was assigned to work at the client’s facility by a temporary agency, was released after approximately 45 days due to his poor work performance and his threatening behavior towards a co-worker. In his charge, the complainant alleged that his supervisor at the facility made racial epithets towards him and that he was unlawfully terminated based on his race. The worker sued both the client as well as the temporary agency that assigned him there, under a joint employer theory. However, after submitting Arnstein & Lehr’s responsive submissions and position statement, the PHRC dismissed the complainant’s charge outright without a hearing, stating that there was a lack of any evidence that the decision to terminate him had anything to do with his race.

Tremblay and Malitz win summary judgment on sexual harassment lawsuit Chicago Partners Jason Tremblay and Steven Malitz recently obtained a summary judgment on a Title VII sexual harassment and retaliation lawsuit filed against a large plastic bottle manufacturer in federal court. The plaintiff, a current employee of the company, was the only female in its apprenticeship program. While her work performance was poor, she was ultimately removed from the apprenticeship program because she violated the attendance policy. In her complaint, however, the plaintiff claimed she was denied training opportunities, disciplined more frequently than males, and removed from the apprenticeship program because she was female. She additionally alleged that she was subjected to a sexually hostile work environment and was retaliated against for complaining to

Alan Kipnis

Lindsey Lamchick

Robert Lasky

management about her treatment in the program. After more than a year of extensive discovery (including 10 depositions and numerous discovery-related motions), the district judge granted Arnstein & Lehr’s motion for summary judgment on behalf of the company and dismissed all of the plaintiff's claims against it with prejudice. In so holding, the court ruled that the evidence was convincing that the plaintiff was treated “more favorably, not less favorably” than male workers and that our client was therefore “clearly” entitled to summary judgment based on the extensive record.

Snyder provides tax advice to Crystal Fibre A/S Chicago Partner Edward Snyder recently provided guidance on U.S. tax matters to Crystal Fibre A/S, a major Danish corporation, considering an acquisition of a U.S. business. Crystal Fibre A/S is a wholly owned subsidiary of NKT Holding A/S. NKT's principal activities, through three major subsidiaries, are the manufacture and supply of professional cleaning equipment, power cables and optical components.

Ropiequet wins second appeal for banking client Chicago Partner John Ropiequet recently won a second appeal for a banking client that affirmed a summary judgment on a lender liability counterclaim against the bank. The bank sued on a $1 million indebtedness and the borrower countersued. Summary judgment for the bank on the debt was affirmed on an earlier appeal. The borrower's second appeal was dismissed on jurisdictional grounds.

New additions Bankruptcy practice strengthened with addition of Gesas and Golin Attorneys Michael Gesas and David Golin recently joined the firm as partners in our Bankruptcy, Creditors' Rights & Restructuring Practice Group. Gesas and Golin join the firm from Gesas, Pilati, Gesas and Golin, Ltd., a Chicago bankruptcy boutique, bringing with them more than 50 years combined experience. Gesas is a graduate of the University of Wisconsin and received his law degree from the John Marshall School of law. He brings to Arnstein & Lehr 24 years of experience representing lenders, credi-

Laura Lau

Neville Leslie

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tors and commercial debtors in corporate and business reorganizations. His practice includes liquidation proceedings, compositions, assignments for the benefit of creditors, asset acquisitions and sales through the bankruptcy court and other forums, workouts, contract negotiations and related commercial representation and litigation. Golin graduated from the University of Michigan and received his law degree from Georgetown University Law Center. With more than 27 year's experience, his practice includes the representation of financially distressed businesses, from family owned to multinational, in loan restructurings, workouts, Chapter 11 reorganizations, Chapter 7 liquidations, and assignments for the benefit of creditors. He also represents secured lenders, landlords, equipment lessors, bondholders, mechanic lienholders, and other creditors in connection with their claims against debtors.

Five attorneys join our Miami office Robert Rudock, Loren Fender, and Whitney Harrell recently joined Arnstein & Lehr from the Miami firm of Rumberger, Kirk & Caldwell, PA. Dr. Martin Kalish also recently joined the office from the law firm of Zuckerman Spaeder and Lindsey Hirschfeld Lamchick joins the office as an associate. Rudock focuses his practice in the defense of product liability claims with an emphasis on automotive products, having litigated and tried numerous cases for automotive manufacturers throughout the country during his 25-year career. He represents these clients in litigation involving vehicle components and systems including seatbelts and occupant restraints, airbags, roofs, brakes, seats, window glazing, transmissions and suspension systems. He is a graduate of Shippensburg University and Ohio Northern University Pettit College of Law. Fender’s practice is concentrated on commercial and tort litigation with emphasis in complex product liability matters involving catastrophic personal injury and wrongful death. He represents manufacturers and distributors of consumer products, industrial products and motor vehicles throughout Florida's state and federal courts. He is a graduate of the University of Florida and the University of Florida College of Law. Harrell’s practice focuses on the areas of product liability and asbestos defense litigation. She is a graduate of Florida State University

where she received both undergraduate and graduate degrees. She is also a graduate of St. Thomas University College of Law. Dr. Kalish represents hospitals, physicians, physician groups, and businesses engaged in the health care industry. With an emphasis on state and federal regulatory analysis, Dr. Kalish also assists clients in judicial and administrative proceedings and assists in the defense of clients who are the target of health care fraud investigations, including representing clients before the Office of Inspector General of the Department of Health & Human Services, state licensing boards and medical disciplinary boards. Additionally, he advises and participates in hospital-physician credentialing, medical staff bylaws-related issues, peer review, and corrective action proceedings, matters involving hospital-physician relationships, and hospital operational issues. Prior to joining Arnstein & Lehr, Kalish was co-chair of the health care group at the law firm of Zuckerman Spaeder. He has held faculty appointments at the Johns Hopkins University School of Medicine, Harvard Medical School, the Albert Einstein College of Medicine, and the University of Miami School of Medicine. Dr. Kalish received his B.A. from Brandeis University and his M.D from the Albert Einstein College of Medicine. He trained in internal medicine at Albert Einstein and in Rheumatology at Massachusetts General Hospital. He is a Diplomate of the American Board of INternal Medicine and a Diplomate in the Subspecialty of Rheumatology. Hirschfeld Lamchick previously worked as an associate for Hall, Lamb and Hall, P.A., in Miami handling matters from pre-suit investigation to post-execution enforcement proceedings. She received her undergraduate degree from Syracuse University and her law degree from the University of Miami School of Law.

Steven Newburgh boosts litigation capabilities of West Palm Beach office Attorney Steven Newburgh recently joined Arnstein & Lehr’s West Palm Beach office as a partner. Formerly a partner at Fowler White Burnett P.A., Newburgh will focus his practice on construction law, construction lien litigation, complex commercial litigation, real estate litigation, estate and probate litigation and intellectual property litigation.

Attorneys featured in this issue

Christina Lutz

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Steven Malitz

Ron Marlowe

Hal Morris

Cynde Munzer

Guy Quattlebaum

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He is a member of the Palm Beach County Economic Forum. He has been honored by the U.S. District Court, Southern District of Florida for "Outstanding Service and Dedication to the Court and its Pro Bono Program" and the Florida Supreme Court for "Outstanding Pro Bono Service." He received his B.A. from the University of Wisconsin-Madison and his J.D. from Nova Southeastern University School of Law.

Firm welcomes attorney to Tampa office Attorney Maggie Hanel recently joined Arnstein & Lehr’s Tampa office. She will concentrate her practice in the areas of commercial litigation, creditor's rights and bankruptcy. Previously she was an associate with the Chicago law firm of Grippo & Elden, LLC. Hanel also served as a law clerk for the Department of Defense, United States Navy and the Office of the General Counsel. She received her bachelor’s degree in urban studies from Columbia University and her juris doctor from Notre Dame Law School.

Cheryl Zickler joins Fort Lauderdale office Attorney Cheryl Zickler joined Arnstein & Lehr’s Fort Lauderdale office on July 1, of counsel. Formerly, a solo practitioner, Zickler will concentrate her practice in the areas of appellate law and juvenile justice. She also has experience in the areas of civil litigation, federal prctice, Constitutional law, and dependency law. She will be a member of the firm’s criminal and appellate practice groups. Zickler received her bachelor’s degree in finance from Syracuse University and her juris doctor from Nova Southeastern University Law Center.

Three associates join Chicago office Meghan Dwyer, Christina Lutz and Tim Tyler recently joined the Chicago office of Arnstein & Lehr as associates. All three served as 2007 summer associates at the firm. Dwyer is a 2008 graduate of the Indiana University School of Law and Indiana University. Lutz is a 2008 graduate of Chicago-Kent College of Law and Swarthmore College. Tyler is a 2008 graduate of DePaul University College of Law and the University of Michigan.

John Ropiequet

Robert Rudock

Daniel Schlade

Honors and appointments Anaya receives Caring Hearts award, White House recognition Chicago Partner Bill Anaya was one of 13 people who received the Caring Hearts Outstanding Volunteer Recognition Award at a ceremony on March 18. Anaya received the honor from the Volunteer Center of Northwest Suburban Chicago for his legal work on behalf of The Bridge Youth & Family Services. The Bridge Youth & Family Services provides professional mental health services to at risk children and their families to promote behavioral and emotional health. Anaya and Arnstein & Lehr have provided counsel, education and guidance for the board and staff to the agency on a pro bono basis for several years, saving The Bridge thousands of dollars in legal fees. Anaya was recognized for his achievement with a certificate of appreciation and a letter of congratulations from President George W. Bush.

Chicago Mayor Daley recognizes Arnstein & Lehr’s 115th anniversary Chicago Mayor Richard M. Daley recently extended his congratulations to Arnstein & Lehr on behalf of the City of Chicago in recognition of our 115th anniversary. The firm received a letter from the Office of the Mayor, recognizing the achievement. It stated in part, “For over a century, Arnstein & Lehr LLP has provided quality legal representation for its clients. Its success has made important contributions to our local economy, providing jobs for our residents and helping make Chicago an even better place to live, work and raise families. As you reach this landmark, allow me to send my best wishes for much continued success in your endeavors.”

Jeff Shapiro

Jerold Siegan

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Sharilee Smentek

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Swibel to chair Uniform Law Commission committee, serve as charitable foundation trustee The new president of the Uniform Law Commission, Oregon Supreme Court Associate Justice Martha Lee Walters, recently appointed Chicago Partner Howard Swibel to chair the International Legal Developments Committee of the Uniform Law Commission. Swibel will also serve a four year term as one of the five trustees of the Uniform Law Foundation, a separate charitable foundation that supports the uniform law movement.

Butters named to REIS, LLC board of managers Chicago Partner Robert Butters was recently named to the Real Estate Industry Solutions, LLC (REIS), board of managers. REIS, an Arnstein & Lehr client, is a subsidiary of the Florida Association of Realtors. Its goal is to identify, develop and provide leading-edge products and services that help real estate professionals succeed. Butters is one of twelve members of the board of managers made up of professionals with diversified backgrounds in marketing, technology, finance, law and real estate association services.

Munzer honored by ADL as Woman of Achievement

nized by Florida Trend magazine in its 2008 edition of Florida Legal Elite. The fifth annual Legal Elite special report recognizes and honors prominent Florida lawyers who are members of The Florida Bar. It is part of the July issue of Florida Trend magazine. Attorneys in private practice, prosecutors, in-house counsel, public-service attorneys and law school professors were recognized from tallied votes by attorneys from around the state.

Pat Ayers appointed to advisory committee Tampa Partner Pat Ayers was recently recognized by Federico Moreno, Chief U.S. District Judge, Southern District of Florida, for his assistance with the Court’s Advisory Committee on Rules and Procedures. Ayers educated the Committee on post-judgment collection proceedings in Florida and assisted it in drafting a local rule guiding the Court in a more efficient and accurate resolution of garnishment proceedings. For his efforts, Judge Moreno appointed him a Special Member of the Advisory Committee.

Hudson named to Historical Museum board of trustees Miami Partner Phil Hudson was recently named to the board of trustees of the Historical Museum of Southern Florida during its 68th annual member meeting.

Chicago Partner Cynde Hirschtick Munzer received special recognition at the recent Anti-Defamation League's prestigious 15th Annual Women of Achievement Dinner in Chicago. At the dinner, attended by more than 600 people, Munzer was honored as a previous recipient of the Women of Achievement Award. As part of the ceremony, she was called to the stage and her quote was read to the audience as to what being a Woman of Achievement meant to her. The Women of Achievement award recognizes women who have excelled in their professional accomplishments and contributions to the community at large. This year's recipients of the award included Gloria Santona, chief legal officer of McDonald's Corporation, and Andrea Zopp, senior vice president of human resources of Excelon Corporation.

The Historical Museum of Southern Florida tells the stories of South Florida and the Caribbean. The museum promotes understanding of the past in order to inform the present and create a better quality of life. It is one of the largest private, regional history museums in the country.

Levine appointed to task force creating ADR program for possible Olympic Games construction

Guy Quattlebaum named to Florida Trend's Legal Elite

Chicago Partner Samuel Levine was recently appointed to the Society of Illinois Construction Attorneys Olympic Task Force. The Task Force was created to support the Olympic effort and get the construction industry on board with an alternative dispute resolution process that would prevent any work slowdown on building the Olympic village and any other facilities needed for the games.

West Palm Beach Partner Guy Quattlebaum was recently recog-

The goal of the Task Force is to draft a document and have contrac-

Attorneys featured in this issue

Ed Snyder

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Mark Spognardi

Walter Starck

Paul Starkman

Jason Tremblay

Tim Tyler

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tors sign a pledge that the city could submit to the International Olympic Committee. It would illustrate the construction community’s support of the games and understanding of the need to get construction done timely, without disputes delaying the building process which the Society hopes would serve to help in securing the Olympic bid.

In the news Fort Lauderdale office hosts reception for minority law students On behalf of Arnstein & Lehr’s Diversity Committee, the Fort Lauderdale attorneys and staff recently hosted local judges and first year minority law school students at a cocktail reception in the lobby of its office building. Students from St. Thomas University, Florida International University, Nova Southeastern Law School and the University of Miami were guests of the firm at the event, held Thursday evening, April 10. Seventeenth Circuit Court Judges Pedro Dijols and Catalina Avalos joined attorneys and guests. The event was organized by Regional Administrator Carey Mansfield and Diversity Committee member and Fort Lauderdale Partner Sonja Dickens.

Attorneys participate in Lawyers in the Classroom Chicago Partners Sharilee Smentek, Laura Lau, David Wayne, Associate Elizabeth Wei, and Paralegal John Fuller taught at Chicago’s Smyser Elementary school as part of the firm’s participation in the Constitutional Rights Foundation’s “Lawyers in the Classroom” project. The project partners attorneys with grade schools in the Chicago area. Our volunteers provide students with information based on real life experiences, help develop students’ critical thinking skills, and offer young people an opportunity to have a variety of positive role models. Teams visit their partner schools a minimum of three times throughout the school year. This is Arnstein & Lehr’s third year of association with this important pro bono initiative.

Robert Ury

Mary Cannon Veed

David Wayne

Books, journals and articles Frank published in Commercial Lease Law Insider West Palm Beach Partner Scott Frank recently authored an article appearing in the April issue of the Commercial Lease Law Insider. His article, “Get Three Protections in Commercial Condo Leases” provides tips to owners drafting leases to address situations with which they have little experience or exposure. His article identifies the unique pitfalls owner’s need to be aware of when leasing out commercial condominium units, including the potentially significant exposure faced if using standard commercial lease forms. Commercial Lease Law Insider newsletter is written to offer the latest model commercial lease clauses and sample lease texts.

Shapiro and Leslie write for Andrews Litigation Reporter Miami Partners Jeffrey Shapiro and Neville Leslie recently authored "How to Keep the Smoking Gun from Burning Your Client," an article appearing in the January 7 issue of Andrews Litigation Reporter Medical Devices. Documents from the FDA and manufacturer's adverse-event reports are often seen as smoking guns during litigation. Shapiro and Leslie explain why these materials should not be introduced to the jury at trial and how to combat the plaintiff's attempts to use the materials during litigation.

Morris and Kent students publish Law Review Chicago-Kent Law School students wrote articles in a recent issue of the Seventh Circuit Review that analyze decisions of the U.S. Court of Appeals for the Seventh Circuit in the areas of bankruptcy, civil procedure, civil rights, criminal law, due process, employment discrimination, FDA regulations, Federal False Claims Act, federal thrift regulation, Fourth Amendment law, immigration law, and trademarks. Writing and publication of the law review is overseen by Chicago Partner Hal Morris, who is an adjunct-professor at Chicago-Kent.

Tremblay authors Employment Law Toolkit Chicago Partner Jason Tremblay recently authored The Employment Law Toolkit: How to Protect Your Business from Liability and Comply with State and Federal Employment Laws (January 2008

Elizabeth Wei

Cheryl Zickler

Justin Weisberg

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Su m m e r 2 0 0 8

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edition). Among other topics, the Toolkit highlights some of the significant laws and regulations facing employers in Illinois, as well as offering practical suggestions on how employers can protect their assets and avoid employment-related liability. To request a copy of the Toolkit, please contact either Tremblay at ejtremblay@arnstein. com or Arnstein & Lehr's marketing department at marketing@ arnstein.com.

Chicago attorneys serve as faculty for IICLE real estate seminar, write chapters for handbook Chicago Partners Bill Anaya, David Dunkin and Samuel Levine recently served as faculty members for the 4th Annual Real Estate Short Course presented by the Illinois Institute of Continuing Legal Education. Held in Lisle, Illinois, the course offered Illinois real estate attorneys with case law and statutory updates, an examination of ethics and the role of the attorney in real estate transactions, and guidance in dealing with multi-jurisdictional issues in real estate transactions. Levine and Chicago Partner Dan Schlade coauthored Recession and Levine authored Defense of Mortgage Foreclosures--chapters in IICLE's recently published Real Estate Handbook.

Chatz's panel discussion on Sarbanes-Oxley published in DePaul Business & Commercial Law Journal Chicago partner, Barry Chatz' panel discussion entitled “Sarbanes-

Oxley: Was it Worth It?” reviewing the consequences, both intended and unintended, of Sarbanes-Oxley, was published in the DePaul Business & Commercial Law Journal. The quarterly Journal is distributed to almost five thousand subscribers in the United States and around the world. The discussion was held during the Fifth Annual DePaul Business & Commercial Law Journal Symposium held in Chicago. The Journal is jointly published by the College of Law and the Commercial Law League of America (CLLA). The CLLA is the oldest organization of attorneys and other experts in credit and finance actively engaged in the fields of commercial law, bankruptcy and reorganizations.

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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. © 2008 w w w. a r n s t e i n . c o m