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Mid-market value. Large firm expertise.

S P R I N G 2 0 0 9 U P D AT E

Firm launches General

Seven join Arnstein & Lehr Counselor employment law blog
Miami office - strengthen
firm’s Florida presence Arnstein & Lehr recently launched our blog, General-Coun- It is designed as an educational resource for employ-
ers, human resource professionals, general counsel and labor
Attorneys in the Coral Gables law firm of Fieldstone Shear & relation’s officers to better understand their legal requirements
Denberg LLP joined Arnstein & Lehr LLP on April 1. Ron- and obligations as governed by
ald Fieldstone, David Shear and Michael Denberg joined the federal statutes.
the firm as partners, while Rebecca Abrams, Yael Doron,
Kenneth Dreyfuss, and Luis Flores are now associates with is main-
the firm. tained by the firm’s Labor &
Employment Law Practice Group
Jeff Shapiro, coordinat- and supported by Arnstein &
ing partner of Arnstein & Lehr’s civil litigators, associates, and other support personnel.
Lehr’s Florida operations Our group’s chair, Paul Starkman, oversees the blog’s content
said, “We are extremely
sai along with partners Mark Spognardi and Jason Tremblay.
pleased with the addition
of these fine attorneys. Our Labor & Employment Law members have extensive
This respected group experience in client counseling and litigation before adminis-
supplements the firm’s trative agencies and state and federal courts in areas including
business capabilities in
bu union-management relations, unfair labor practice proceed-
Florida and nationwide.” ings under the National Labor Relations Act, collective
bargaining, contract administration, grievance and arbitration
Fieldstone Shear & proceedings, employment discrimination and affirmative ac-
Left to right, Ronald Fieldstone, Michael
Denberg specialized in
Denberg, Managing Partner Raymond tion, wrongful discharge, ERISA matters, employee benefits,
Werner, and David Shear. complex commercial, occupational safety and health, wage and hour law, drug and
corporate, real estate, alcohol testing, AIDS issues, employment-related immigra-
condominium, domestic and international tax matters. A tion, and general personnel administration.
majority of the firm’s lawyers and staff are now resident in
Arnstein & Lehr’s Miami office and the firm also retains a The blog can be found on the Web at http://general-counselor.
small office in Coral Gables. com. You may subscribe to General-Counselor by email at or RSS feed at
Managing Partner Ray Werner added, “The Fieldstone Shear You will then begin receiving automatic alerts whenever new
7 Join Firm Continued on Page 3 articles or posts are published.

A R N S T E I N & L E H R U P D AT E | SPRING 2009


The threat of the Arnstein & Lehr hosts

Employee Free Choice Act Israeli business trade show
by Mark Spognardi
Partner, Arnstein & Lehr On January 29, the Fort Lauderdale office of
Arnstein & Lehr hosted its first annual Doing
While Congress and the Obama administration Business in Israel Trade Show and Seminar at the
are preoccupied with the stimulus package, David Posnack Jewish Community Center in
employers are becoming increasing concerned Davie, Florida.
about legislation called the Employee Free
Choice Act (EFCA). Though not currently Under the guidance of Fort Lauderdale Partner
the law, this legislation would transform labor Franklin Zemel, the event drew more than 60
Mark Spognardi focuses his
relations in the United States to the detriment people. It was held in partnership with the Jewish
practice on the representation
of management in traditional of employers. Anna Burger, chairperson of Federation of Broward County, the America-
and non-traditional labor and Change to Win and secretary-treasurer of Service Israel Chamber of Commerce, and our client
employment law matters, Employees International Union has stated, Atico, Intl.
including counseling,
litigation, and appellate “EFCA is more important than health care
work. His practice includes reform…EFCA will be the difference between Speakers included Eyal Ben-Chanoch, CEO of
representation in unfair labor incremental change and transformational change Beeologics,
practice and representation …. EFCA will increase SEIU membership by an interna-
proceedings before the
1 million members annually.” And President tional firm
National Labor Relations
Board; union-free campaigns; Obama has stated that he will make it the law of with offices
employment discrimination the land. and labora-
matters before federal and tories in the
state anti-discrimination
EFCA would amend the National Labor U.S. and
agencies and federal courts;
Section 301 lawsuits; contract Relations Act (NLRA) in three dramatic Israel that
negotiations and arbitrations; ways. Currently, employees desiring union focuses its
drug and alcohol testing; representation are subject to a secret ballot research on
alternative compensation
election, where they vote “yes” or “no” to be restoring bee
systems; veterans’ re-
employment rights; WARN represented by an election. EFCA would health and
Act and RIF matters; federal effectively eliminate the secret ballot election protecting
and state wage and hour by requiring an employer to recognize and the future of in
insectt p
llin ti n
matters; employment at-will;
wrongful discharge and bargain with a union if the union presented
whistle-blower lawsuits; “authorization cards” signed by 51% of its Also speaking was Tel Aviv University Professor
federal and state injunctive employees. The amendment would also have the Avi Kribus, who discussed the latest research and
relief, strike management; effect of depriving the employer of having time development initiatives in the field of renewable
human resource audits
to communicate its position on the negative energy.
and employee handbooks;
employment contracts; effects of unionization to employees during
restrictive covenants and non- the campaign period leading up to the current A third speaker was Ross Younts with the Califor-
compete agreements; pension ballot process. Additionally, employees may nia-based company Aquadoo, who discussed their
plan withdrawal liability; and
be subject to pressure and coercive tactics by revolutionary and environmentally-friendly Air
various other employment
related matters. He represents unions and fellow pro-union employees to sign Water System technology that creates water from
businesses in all industries, authorization cards, because the secret ballot the humidity in air.
including manufacturing, election will have been eliminated.
transportation, banking
The fourth speaker was Fred Glickman, vice
and investment, food
processing, textile, health Second, once the union is recognized as the president of business operations with Enterprise
care, retail, hospitality, collective bargaining representative of employees, Florida, which serves as the state’s economic
construction, interim services, the employer would have to start bargaining development organization. He spoke on how the
and publishing, media and
communications. with the union within 10 days. This is an Enterprise Florida office in Ramat Gan, Israel,
EFCA Continued on Page 3 Israeli Trade Show Continued on Page 4

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EFCA Continued from Page 2 of the claimed bargaining

unit? What will be the
insufficient amount of time to formulate proposals and establish standards for arbitration?
an employer bargaining committee. If a contract is not reached
within 90 days, the employer is required to go to mediation before EFCA is not the law yet.
the Federal Mediation and Conciliation Service for 30 days. If In 2007, EFCA passed
no agreement is reached at that point, the employer is required to through the Democratic
submit to binding interest arbitration before a neutral arbitrator controlled house by a vote
who will determine the wages, benefits and other terms and of 241 to 185. It was
conditions of employment of the employees for a two year union stopped by one vote in the
contract. Besides the frightening proposition that a third party will Senate. While Congress and the h P id are currently
President l preoccupied
decide the compensation and benefits of an employer’s employees, with the stimulus package on February 4, organized labor presented
the legislation fails to address what standards the arbitrator shall use Congress with a petition signed by a million and a half employees
in making his award. The legislation does not contemplate appeals supporting EFCA. Rep. George Miller of California is expected to
from an arbitrator’s award. reintroduce EFCA in the “near future.” While the House is firmly
in Democratic control, the Senate may be able to get a filibuster
This portion of EFCA is extremely troubling. An arbitrator could proof majority. It is also possible that there may be a bipartisan
place a healthy or struggling employer in a non-competitive or compromise that may replace the card check provisions with
precarious financial position by granting significant increases in “quickie” secret ballot elections, or remove the interest arbitration
wages, benefits and other terms of competition. The arbitrator provisions.
would also have final say over pensions, hours of employment,
subcontracting, severance, and discipline and discharge of What can be done to protect your company? Contact your elected
employees. While the statute contemplates that the arbitrator will officials to let them know how you feel about this legislation.
decide what is in the first two year agreement, nothing in the statute Conduct a human resources audit to determine the health of your
prevents the arbitrator from requiring binding interest arbitration of organization. This includes reviewing policies and practices, and
successor agreements. conducting employee satisfaction surveys. Educate employees and
managers about your union-free philosophy, the dangers involved in
Finally, EFCA would significantly increase the penalties faced signing a union authorization card, and the negative consequences
by employers who intentionally or inadvertently commit unfair of unionization. And, educate your managers about lawful and
labor practices. Currently, employers are only required to pay effective union avoidance techniques. In the end, a smart employer
back pay and provide reinstatement to employees discharged for will be prepared to run a permanent union-free campaign.
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
7 Join Firm Continued from Page 1
violate the law again. EFCA would require that the employer pay & Denberg firm is comprised of seven prominent South Florida at-
treble damages for unlawful discharges plus a civil penalty of up to torneys and is very compatible with our firm’s practice, philosophy
$20,000, and civil penalties of up to $20,000 for all other unfair and culture. It’s a perfect fit, resulting in one firm with a signifi-
labor practices. cantly strengthened set of core services.”

There are many questions left unanswered by EFCA. For instance, “We are excited to join forces with Arnstein & Lehr,” said the
how long will the authorization cards be valid? What if an employee Fieldstone partners. “The firm has a solid reputation and talented
claims he signed a card involuntarily? How can a card be checked attorneys that enable us to better service our clients in a broad
for forgery? How can an employer challenge the appropriateness 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 Yael Doron

A R N S T E I N & L E H R U P D AT E | SPRING 2009


Trade Show Continued from Page 2

Notable cases & victories
assists Florida companies interested in doing business in Israel and
identified Israeli trade and industry organizations with whom their Waxman, Hirsch obtain not guilty verdict for
office is affiliated. pediatrician in $7 million malpractice law suit
Event exhibitors included All-Ways Advertising, American Friends Chicago Partner David Waxman and Associate Jason Hirsch
of Tel Aviv University, America-Israel Chamber of Commerce, recently obtained a not guilty verdict on behalf of their pediatrician
Aquadoo, Arnstein & Lehr, Boardroom Communications, Broward client following a two-week medical malpractice trial. The plaintiff
County Office of Economic Development, Bank Leumi, and the sought in excess of $7 million in damages. The jury was out just
Jewish Federation of Broward County. forty minutes before returning its verdict. Judge Kendall Wenzel-
Firm updates Web site to man of the Kankakee County Circuit Court presided.

better serve clients, visitors 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
Arnstein & Lehr recently completed an update to our firm’s Web presented for the treatment of eczema, the plaintiff alleged that the
site. This new version includes a complete overhaul of the Web pediatrician was obligated to refer her for blood lead testing because
site’s functionality. Our objective is to improve the overall usability she was at the age most susceptible to lead poisoning and lived in an
of the site for our clients and visitors. area described by the state of Illinois as at high risk for lead poison-
The new site includes news digests throughout to offer visitors fresh
and relevant content, a drop-down navigation menu that enables The girl was diagnosed 2 ½ years later with significant developmen-
users to find content tal delay and severe lead poisoning. Thereafter she was diagnosed as
faster, and practice autistic. She is now severely disabled and will be incapable of living
group and office pages independently.
designed to display
fresh content relevant Waxman and Hirsch contended that, notwithstanding the plaintiff’s
to those areas. high risk status, the standard of care, in accord with the guidelines
of the Illinois Department of Public Health, required assessment
The updated site also of lead poisoning issues only at a well child visit, unless the patient
includes legal case stud- presented with symptoms that could be attributable to lead poison-
ies to better illustrate ing. The defense also contended that the girl’s symptoms were at-
the types of matters tributable to autism, and that while she was lead poisoned, it merely
handled by the firm would have exacerbated certain of her limitations already caused by
and highlight successes her autism.
Arnstein & Lehr has
achieved for our clients. We also now feature a Newsroom page The defense further contended that the plaintiff could not establish
that allows visitors to browse all of the latest headlines in four sepa- that she was, in fact, lead poisoned at the time of her visit to the
rate categories – News, Publications, Events, and Case Experience. pediatrician and that expert testimony presented by the plaintiff
Easy one click RSS subscriptions and Share This links are available in this regard was junk science. The defense presented supportive
throughout the site. And, Print This icons now afford visitors the testimony from pediatricians, pediatric neurologists, and a lead
opportunity to print formatted attorney biographies. poisoning expert.

Attorneys featured in this issue

Kenneth Dreyfuss Meghan Dwyer Ronald Fieldstone Luis Flores Allan Goldberg Jason Gordon

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Klein, Starkman and Tremblay obtain wife permanently separated from the company, both suits were
dismissal in malicious prosecution case forever dismissed and all claims of any kind and type were forever
released. Thereafter, Malitz and Kantz prepared the proper corpo-
Chicago Partners Arthur Klein, Paul Starkman and Jason Trem- rate documents to ensure that all formalities were observed and to
blay recently obtained a win in the U.S. Court of Appeals for avoid future shareholder litigation. By achieving this total separation
the Seventh Circuit when it affirmed the dismissal of a computer of the shareholder and wife, and by removing the distraction and
programmer’s malicious prosecution suit against his former em- expense of languishing litigation, the company was able to begin an
ployer (a national retailer). The Seventh Circuit held that there was intense marketing campaign and reclaim its market share.
probable cause for the former employer to have brought the un-
derlying criminal charge of felony computer tampering against the In other action, Malitz and Kantz represented four officers of a cor-
departed employee. After years of hard-fought litigation, Starkman poration who were held hostage by the purported sole shareholder
and Tremblay were able to develop the evidence of probable cause of a real estate and mortgage brokerage business. Although the
showing that the plaintiff was a disgruntled employee who erased officers were promised shares in the business, the corporate docu-
valuable computer data on his way out the door. Klein supervised mentation was lacking. Further, the officers were prevented from
the case on appeal. practicing their professions elsewhere due to onerous restrictive cov-
enants contained in one-sided employment agreements. As a result,
the officers were working tirelessly to cultivate another’s business for
Shareholder dispute victories nearly no remuneration or stake, and feared that their departure and
secured by Malitz, Kantz competition would result in suit.

Partners Steven Malitz and Erik Kantz have a knack for obtain- Malitz and Kantz devised and executed a plan by which the officers
ing fantastic results for their business clients in heated shareholder lawfully separated from the business; terminated liability from third
disputes. In one such matter, Malitz and Kantz took over for prior parties or from the state for acts or transactions done in the name
counsel who had failed to successfully defend a home health care of the business; staved off eviction from the office suite; obtained a
business in a suit brought by a disgruntled shareholder alleging novation of the lease through extended negotiations with the land-
waste and seeking corporate documents. lord thereby maintaining the coveted office suite; maintained the
employees and assets of the business; and continued in the practice
In a companion suit, the rogue shareholder’s wife--who was previ- of their profession. Through their efforts, Malitz and Kantz enabled
ously a consultant and landlord of the company--sued for rent and their clients to start their professional lives anew without the stress
claimed compensation for services rendered. In reality, the share- or specter of viable suit from the owner of the former business.
holder sought an exorbitant sum for a buy-out of his shares, and
based his demand on an inflated valuation of the company. There Arnstein & Lehr settles construction
were minimal corporate documents and no shareholders agreement.
defects and design claim against builder
As new counsel, Malitz and Kantz immediately stepped in and de-
fended both suits, demonstrating that the shareholder and his wife
Partner Allan Goldberg and Arnstein & Lehr recently settled a
breached fiduciary duties to the company by failing to work and
construction defects and design claim against a national builder/
devote time and attention to the company, by diverting patients to a
developer of a new condominium property in the River West area of
competitor and by making unauthorized expenditures.
In beating down the buy-out demand, Malitz and Kantz also
The settlement was for a high six figure number. The condominium
showed that the valuation was unreasonable and unsubstantiated.
association client’s building was completed in 2005 and sales of all
Despite the absence of any corporate documents, Malitz and Kantz
of the units occurred in 2006 and 2007. The association’s first unit
quickly and ably forced a settlement whereby the company repur-
owner board of directors sought Arnstein & Lehr’s assistance in
chased the shares for a minimal buy-out, the shareholder and his

Jason Hirsch Phillip Hudson, III Tal Izraeli Martin Kalish Erik Kantz Arthur Klein

A R N S T E I N & L E H R U P D AT E | SPRING 2009


pursuing numerous construction, design, and financial accounting

claims against the developer. At the firm’s suggestion, the associa-
tion 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 Arnstein & Lehr welcomed four attorneys to our Chicago office this spring.
six months of negotiation, demands, offers, and counter offers, the From left to right they are Partner Phillip Ruben, Associate Mary Ann Sul-
association settled all matters without having to resort to litigation. livan, Associate Kevin Morse, and Partner Joseph Vitek.

Joseph Vitek strengthens Estate

New additions Planning Group in Chicago office
Phillip Ruben joins Business Group Attorney Joseph Vitek recently joined the firm as a partner in the
Chicago office of the Estate Planning & Probate Administration
Attorney Philip Ruben recently joined the firm’s Chicago office
Practice Group. Prior to coming to Arnstein & Lehr, Vitek was a
as a partner in our Business Group. Prior to joining Arnstein &
partner at Pedersen & Houpt in Chicago, where he was a member
Lehr, Ruben was a partner at Levenfeld Pearlstein, LLC in Chicago,
of the Wealth Preservation and Trusts and Estates Practice Groups.
where he was a member of the Corporate Practice Group, the Re-
He has extensive experience assisting clients with all aspects of their
structuring and Insolvency Group and sat on the executive commit-
personal income tax planning, consulting business owners in busi-
tee and promotions committee.
ness succession and continuation plans, developing and implement-
ing comprehensive strategic wealth transfer plans, and in general
He concentrates his practice on representing private and public
estate and trust administration.
companies and has extensive experience in mergers and acquisi-
tions, venture capital investment and both public and private equity
and leveraged transactions. Two associates join Chicago office

Ruben served as president of the North Suburban YMCA and re- Mary Ann Sullivan recently joined the firm’s Chicago office as an
cently saved the facility from foreclosure by restructuring loans, at- associate in the Real Estate and Tax Practice Groups. She will focus
tracting new donors and members, and reorganizing management. her practice on property tax assessment and ad valorem taxation
He currently serves as the co-chairman of the capital campaign for issues. Sullivan comes to the firm from Chapman & Cutler LLP
the YMCA and as an advisory director for the American Theater in Chicago, where she concentrated her practice in the area of real
Company in Chicago. estate law. She also previously served as general counsel and director

Attorneys featured in this issue

Samuel Levine 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 featured in a recent edition of both the Tampa Bay Times and the
she advised attorneys, corporations, not for profits, governmental St. Petersburg Bay Link.
agencies, and the public on all issues related to property valuation,
taxation and exemption. South Florida Legal Guide names top lawyers
Attorney Kevin Morse also recently joined the firm’s Chicago office Several attorneys in the South Florida offices of Arnstein & Lehr
as an associate in our Bankruptcy, Creditor’s Rights & Restructuring were named Top Lawyers in the 2009 South Florida Legal Guide.
Group. Morse was previously a judicial law clerk for Judge Thomas
B. Donovan with the United States Bankruptcy Court, Central In the Fort Lauderdale office, Partners James Brady (real estate,
District of California, Los Angeles Division, prior to moving to municipal), Richard Rosenbaum (white collar, litigation), and
Chicago. He is a 2007 graduate of Pepperdine University School of Franklin Zemel (appellate, litigation) were recognized. West Palm
Law and the University of Colorado. Beach Partner Steven Daniels was named to the list for real estate
and municipal work. Miami Partners Phillip Hudson (bankruptcy,
Tampa office adds associate creditors rights), Martin Kalish (health care), and Jeffrey Shapiro
(trial practice) were also named Top Lawyers.
Attorney C.B. Upton recently joined the firm’s Tampa office as an
associate in both our Bankruptcy, Creditor’s Rights & Restructur- Steven Daniels elected temple co-president
ing Group and the General Commercial Litigation Group. Upton
was previously a deputy solicitor general in the office of the Florida West Palm Beach Partner Steven L. Daniels was recently elected
Solicitor General. He also served as a law clerk to Judge Eugene E. co-president of Temple Beth El in West Palm Beach.
Siler, Jr., United States Court of Appeals for the Sixth Circuit. He is
a 2006 graduate of Stetson University College of Law.
Arnstein & Lehr attorneys named to
Super Lawyers Corporate Counsel edition
Honors and appointments Four Arnstein & Lehr partners were recently named to the Super
Lawyers Corporate Counsel March/April 2009 issue. They included
Robert McKenzie Named Miami Partner Jeff Shapiro and Chicago partners Hal Morris,
IRS Advisory Council Member Howard Swibel and Michael Turoff.

Chicago Partner Robert McKenzie was recently selected as one Fort Lauderdale summer associate
of four new members of the Internal Revenue Service Advisory recognized at national moot court competition
Council (IRSAC). The 30-member panel, comprised of individu-
als throughout the country, provides an organized public forum Jorge Delgado, a 2009 summer associate in the Fort Lauderdale
for IRS officials and representatives of the public to discuss key tax office, recently competed in the Thurgood Marshall Memorial Moot
administration issues. The council provides the IRS commissioner Court Competition held March 19-20 in Washington, D.C. It
and division leadership with important feedback, observations and was sponsored by the Young Lawyers Division of The Federal Bar
suggestions. Association.

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
Tampa Bay Associate Maggie Storino has been named a Rising second year student at St. Thomas University School of Law, he is a
Star by the Tampa Bay Times. An article outlining her career was member of the St. Thomas Law Review.

Philip Ruben Daniel Schlade Jeffrey Shapiro David Shear Mark Spognardi Paul Starkman

A R N S T E I N & L E H R U P D AT E | SPRING 2009


Jason Gordon Joins Jewish Federation news, weather and dynamic content for Web sites, intranets and
Service Project in New Orleans interactive properties. AARP Bulletin Today also picked up the USA
Today story and posted it on their Web site in the Personal Finance
Fort Lauderdale Associate Jason Gordon recently returned from section.
New Orleans where he joined 600 men and women from Jewish
Federations throughout the U.S. and Canada in a service project to McKenzie continued to be a hot interview for publications continu-
create a St. Bernard Parish recreation area. Jason was one of seven ing to follow the story concerning the IRS’ pursuit of US citizens
members of a delegation from the Young Leadership Division of the hiding assets in offshore accounts. He is quoted extensively in
Jewish Federation of Broward County who made the trip March The National Law Journal article “Lawyers help clients fess up on
14-17 to attend the United Jewish Communities National Young offshore taxes” that appeared in a recent issue. The article is also
Leadership Conference. A story on their service project appeared in featured online at
the Broward Jewish Journal.
Justin Weisberg interviewed on Chicago’s CBS
affiliate concerning home construction defects
In the news
Chicago Partner Justin Weisberg was interviewed March 31 for a
National, international media seek Robert story appearing that evening on Chicago’s CBS 2 TV station. He
McKenzie’s input on IRS efforts to collect was asked for his expertise as a construction attorney on what re-
billions in unreported income course homeowners have when their home begins to crack and shift
as a result of a poor foundation, built on sandy soil.
Chicago Partner Robert McKenzie, a noted authority concen-
trating his practice in representation before the Internal Revenue Samuel Levine invited to sit as Loyola
Service and state tax agencies, was featured in several national and Consumer Law Review advisory board member
international news stories in recent weeks regarding the IRS’ efforts
to uncover the identities of approximately 52,000 UBS bank ac- Chicago Partner Samuel Levine recently accepted an invitation
count holders in which Americans may be holding $15 billion in an to sit as an advisory board member on the Loyola Consumer Law
effort to avoid paying U.S. taxes. Review (CLR). The CLR publishes scholarly articles on legal issues
relating to and affecting consumers. The board consists of academ-
The Associated Press quoted McKenzie in its article, “UBS deal ics and practitioners who have made contributions to the CLR over
shakes foundations of Swiss bank secrecy” that was picked up by the years and, in doing so, have shaped what the Journal has come
more than two dozen publications, including the Chicago Sun to be. As a board member, Samuel’s responsibilities include offering
Time, Los Angeles Times, MSNBC and Forbes. suggested improvements to the Journal, providing aid in soliciting
new articles, and providing help to publicize it.
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
Erik Kantz speaks at ABA
bank, and how some of the cases may end up. Bob is representing Business Law Section spring meeting
clients who have accounts with the Swiss bank.
Chicago Partner Erik Kantz recently spoke at the spring meeting of
Other news outlet’s with news featuring McKenzie on the sub- the American Bar Association’s Business Law Section, held this year
ject included stories distributed by Swiss Info, a Swiss news and at the Pan-American Conference Center in Vancouver, British Co-
information platform about Switzerland, business, culture, sport, lombia. Kantz moderated a panel titled Start Smart: What Clients
and weather; AHN, a global news service and provider of real-time Should Know (And How To Tell Them) About Entity Selection, Owners’

Attorneys featured in this issue

Maggie Storino 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 Howard Swibel honored during
affecting entrepreneurs and start-up companies. This program was a Illinois Holocaust Museum Inaugural Gala
follow-up to his panel’s presentation to the ABA Business Law Sec-
tion’s Middle-Market and Small Business Committee at its annual Chicago Partner Howard Swibel was honored during the Inaugural
meeting this past January in Scottsdale, Arizona. Gala of the Illinois Holocaust Museum & Education Center on
April 2 for his tireless support of the Museum.
Richard Rosenbaum comments
on Anna Nicole Smith case Swibel has served as
vice president and
Fort Lauderdale Partner Richard Rosenbaum was interviewed by general counsel for
the Miami Herald concerning the Anna Nicole Smith case. Smith’s the Museum for more
ex-boyfriend and doctors have been charged with providing her with than 10 years and
excessive amounts of prescription drugs. The article appeared in the assisted its board of
March 13 edition of the paper. directors in guiding
it through the legal
Arnstein & Lehr attorneys participate maze of land acquisi-
tion, financing, and
in homeowner foreclosure hot line construction toward
the opening of the Left to right, Museum President Samuel R. Harris,
Chicago Partners Samuel Levine and Daniel Schlade answered Skokie museum on Campaign Chair J.B. Pritzker, Arnstein & Lehr
calls at a hot line on Saturday, January 10 for homeowners who are April 19. Partner Howard Swibel, and Director of Donor
concerned about possible foreclosure. The hot line was sponsored by Relations Barbara Berger.
the Attorney’s Title Guaranty Fund, Inc. More than 2,500 attended the Inaugural Gala event to celebrate its
completion. Former Secretary of State Gen. Colin Powell was the
Phillip Hudson interviewed by WPLG-TV News keynote speaker at the Gala. Gala attendees included Illinois Gov-
ernor Pat Quinn and Chicago Archbishop Cardinal Francis George.
Miami Partner Phillip Hudson III was a guest on WPLG-TV, Feb- Former President Bill Clinton served as keynote speaker during the
ruary 9. Hudson was interviewed during a news segment on Coral Museum’s opening, which included more than 12,000 attendees.
Gables dentist Rene Diedra, whose practice is currently in Chapter
7 bankruptcy. He discussed the decreasing likelihood of the dentist’s The Illinois Holocaust Museum & Education Center is the largest
patients receiving money owed to them by the dentist. WPLG Local institution in the Midwest dedicated to preserving the memories
10 is ABC’s Miami affiliate station. of those lost in the Holocaust and teaching current generations to
fight hatred, indifference and genocide in today’s world.
Steven Malitz participates in Chicago Bar
Association ‘You and the Law’ TV series Richard Rosenbaum speaks
Partner Steven Malitz was recently interviewed as part of the Chi- at death penalty seminar
cago Bar Association’s “You and the Law” television series. Malitz
spoke on the practice of law from a litigation perspective and what it Fort Lauderdale Partner Richard Rosenbaum was a presenter at
takes to excel as a litigator and service provider. The show was geared the Florida Association of Criminal Defense Lawyers’ (FACDL)
toward college and law school students interested in embarking on fifteenth annual Death Penalty Seminar in Orlando on March
a legal career. The 30-minute show will air on television and will be 28. Rosenbaum’s session, Introducing Evidence of Insanity: Are You
circulated by DVD to college campuses throughout the U.S. Crazy, examined the insanity plea.

Mary Cannon Veed Joseph Viteck David Waxman Justin Weisberg Raymond Werner Franklin Zemel

A R N S T E I N & L E H R U P D AT E | SPRING 2009


Paul Starkman speaks on executive Jason Tremblay updates Employment Law Toolkit
compensation at ABA meeting
Chicago Partner Jason Tremblay recently updated The Employment
Chicago Partner Paul Starkman spoke March 27 on executive com- Law Toolkit - How to Protect Your Business from Liability and Comply
pensation at the midwinter meeting of the American Bar Associa- with State and Federal Employment Laws for 2009.
tion’s Employment Rights & Responsibilities Committee.
The Toolkit serves as a resource for business professionals and execu-
Starkman was part of a panel presentation entitled For Whom the tives who are involved in the day-to-
Deal Tolls: Legal Issues for Executive Employment Agreements in Pre- day operations of a company or who
and Post-Acquisition Settings. Starkman’s paper for the program was otherwise are thinking about starting The Employment Law Toolkit
How to Protect Your Business From Liability and
Comply with State and Federal Employment Laws
entitled A Primer on the Impact of the New Economic Stimulus Laws a company. It highlights some of the
and IRC §409A on Executive Compensation in Mergers and Acquisi- major laws and regulations facing em-
tions. ployers in Illinois, and offers practical
suggestions on how to avoid costs and
Bill Anaya, Samuel Levine participate liability.
in ISBA Real Estate Update course 2009 edition

The 2009 edition includes chapters on,

Chicago Partners Bill Anaya and Samuel Levine recently par- among other topics, employer post- E. Jason Tremblay

ticipated in the Illinois State Bar Association’s Real Estate Update ing requirements, record retention, 120 S. Riverside Plaza, Suite 1200
Chicago, Illinois 60606
p. 312.876.6676 f. 312.876.7346

Course, held April 24, in Lombard, Illinois. employee handbooks, employment

statutes such as the FMLA, ADA and

Anaya served as the program coordinator/moderator and Levine COBRA, hiring of employees, protectingg confidential information
served as a panelist on the session Short Sales, Foreclosure, Work- (restrictive covenants), classification of workers, discrimination,
outs and Deeds in Lieu of Foreclosure and Representing Purchasers of properly investigating harassment, discrimination and retaliation,
Distressed Property. Anaya also spoke on Practical Environmental worker safety (workers’ compensation and OSHA), immigration,
Considerations for Illinois Lawyers. discipline and termination of employees, and maintenance of a
union-free company.
The seminar was designed for mid-level general practitioners and
real estate attorneys and examined the critical issues facing those Richard Rosenbaum authors
concentrating their practice in real estate. Verdict magazine article

Books, journals and articles 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,
Mark Spognardi article on Employee Free examines jury selection processes, challenges and things to consider.
Choice Act appears online at The article was co-written with Lori Jane Butts, J.D, PhD, and John
Spencer, PhD.
Chicago Partner Mark Spognardi’s article The Employee Free Choice
Act: Protecting Your Manufacturing Business was posted online March
4 at His article reviews concerns with the law Samuel Levine writes for ACREL newsletter
and the impact it could have on the manufacturing sector.
The December issue of the American College of Real Estate Lawyers
The article was also featured in the March 6 edition of the (ACREL) newsletter featured an article by Chicago Partner Samuel
IndustryWeek Manufacturing Buzz newsletter, which is sent to Levine. The article, Defining the Contours of Subrogation discusses
11,000 subscribers. cases in which subrogation applies and the effects it has.

W W W. A R N S T E I N . C O M

Meghan Dwyer authors column in

new women’s litigation magazine
Say goodbye to paper and
Chicago Associate Meghan Dwyer is a columnist for a new maga-
zine called Sue: For Women in Litigation. The publication is designed receive Update electronically!
specifically for women professionals in the litigation practice spe- Why? conservation. By choosing
cialty. Her first column in the inaugural issue is entitled A Balancing You will get it faster. Opt for the electronic over the paper
Act for the 1st Year Litigator. Arnstein & Lehr’s Update news- version, you will be helping the
letter in the electronic version environment.
Ms. Dwyer is a member of the Federal Communications Law Jour- and bypass the post office. We
nal. She worked previously with CNN’s Washington, D.C. Political will send you an e-mail message How?
Unit as a researcher for Inside Politics with Judy Woodruff. with a link to the latest issue as Email us at:
soon as it is posted to our Web
Tal Izraeli published in site, which also means you will We will add you to our elec-
Practical Real Estate Lawyer receive it days sooner. tronic mailing list and send you
a link to receive our newsletters
Chicago Associate Tal Izraeli recently published an article entitled It is better for the environ- electronically.
Documenting The Acquisition of a Distressed Real Estate Loan (With ment. Contribute to paper
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.

120 South Riverside Plaza
Suite 1200
Chicago, Illinois 60606
P 312.876.7100 | F 312.876.0288

Boca Raton Coral Gables Fort Lauderdale

433 Plaza Real 201 Alhambra Circle 200 East Las Olas Boulevard
Suite 275 Suite 601 Suite 1700
Boca Raton, Florida 33432 Coral Gables, Florida 33134 Fort Lauderdale, Florida 33301
P 561.962.6900 | F 561.962.4245 P 305.357.1001 | F 305.357.1002 P 954.713.7600 | F 954.713.7700

Hoffman Estates Miami Milwaukee

2800 West Higgins Road 200 South Biscayne Boulevard 5555 North Port Washington Road
Suite 425 Suite 3600 Suite 207
Hoffman Estates, Illinois 60169 Miami, Florida 33131 Milwaukee, Wisconsin 53217
P 847.843.2900 | F 847.843.3355 P 305.374.3330 | F 305.374.4744 P 414.351.2440 | F 414.352.6901

Springfield Tampa West Palm Beach

808 South Second Street Two Harbour Place 515 North Flagler Drive
Springfield, Illinois 62704 302 Knights Run Avenue, Suite 1100 Suite 600
P 217.789.7959 | F 312.876.6215 Tampa, Florida 33602 West Palm Beach, Florida 33401
P 813.574.5000 | F 813.254.5324 P 561.833.9800 | F 561.655.5551



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 | SPRING 2009


120 South Riverside Plaza • Suite 120

Chicago, Illinois 60606-3910

Mid-market value. Large firm expertise.

S P R I N G 2 0 0 9 U P D AT E

In this issue 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)
Seven join Arnstein & Lehr Miami office -
strengthen firm’s Florida presence
Attorneys in the Coral Gables law firm of Fieldstone Shear &
Arnstein & Lehr updates firm Web site
Arnstein & Lehr recently completed an update to our firm’s
Denberg LLP joined Arnstein & Lehr LLP on April 1. Ron-
Web site. This new version includes a complete overhaul of
ald Fieldstone, David Shear and Michael Denberg joined the
the Web site’s functionality. Our objective is to improve the
firm as partners, while Rebecca Abrams, Yael Doron, Kenneth
overall usability of the site for our clients and visitors. (Page 4)
Dreyfuss, and Luis Flores are now associates with the firm.
(Cover Story)
Other top news
• Notable Cases & Victories: Partner David Waxman, As-
Firm launches General-Counselor sociate Jason Hirsch obtain not guilty verdict for pediatrician
employment law blog in $7 million malpractice law suit. (Page 4)
Arnstein & Lehr recently launched our blog, General-Counsel- It is designed as an educational resource for employers, • New Additions: Partners Phillip Ruben and Joseph Vitek
human resource professionals, general counsel and labor rela- join our Chicago office along with Associates Mary Ann
tion’s officers to better understand their legal requirements and Sullivan and Kevin Morse; Associate C.B. Upton strengthens
obligations as governed by the federal statutes. (Cover Story) Tampa office. (Page 6)

The threat of the Employee • In the News: National, international media seek Partner
Robert McKenzie’s input on IRS efforts to collect billions in
Free Choice Act unreported income. (Page 8)
While Congress and the Obama administration are
preoccupied with the stimulus package, employers are • Books, Journals & Articles: Partner Jason Tremblay up-
becoming increasing concerned about legislation called the dates Employment Law Toolkit. (Page 9)
W W W. A R N S T E I N . C O M