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Firm hosts third annual


Florida Supreme Court throws Woman of Vision luncheon
out ‘false light’ invasion of Arnstein & Lehr
privacy cause of action presented Anne
R. Pramaggiore,
By Joel B. Rothman, Partner the newly named
Board Certified in Intellectual Property Law president and chief
operating officer
In Rapp v. Jews for Jesus, the Florida Supreme Court ruled of ComEd, with
that the cause of action for false light invasion of privacy is its 2009 Woman
not a valid cause of action in Florida. False light invasion of of Vision Award
privacy occurs when information is published about a person at a luncheon for
that is false or places the person in a false light, is highly of- women business Chicago Partner Cynde Hirschtick Munzer (center)
fensive to a reasonable person, and is published with knowl- leaders on July 23. wtih ComEd President Anne Pramaggiore the 2009
edge or in reckless disregard of whether the information was More than 150 Arnstein & Lehr Woman of Vision recipient and
of Chicago’s top Monica Weed, vice president and general counsel,
false or would place the person in a false light.
female business and Navigant Consulting.
Although this tort is similar to defamation, it is not the professional leaders were in attendance for this year’s event.
same. The report need not be defamatory to be actionable as
false light. False light includes embellishment (false mate- The award, sponsored by the firm’s Diversity Committee,
recognizes and honors groundbreaking, inspirational women
rial added to a story, which places someone in a false light),
who have made a difference in the professional world.
distortion (the arrangement of materials or photographs to
give a false impression) and fictionalization (works of fiction
“I am honored to be the recipient of Arnstein & Lehr’s Wom-
containing disguised characters that represent real people or
an of Vision award,” Pramaggiore said. “The firm’s Diversity
references to real people in fictitious articles).
Committee supports, advocates and exemplifies commitment
to a diverse and inclusive workplace, which is a core business
The plaintiff in Rapp filed suit against Jews for Jesus in value for ComEd and something I am very passionate about.
response to the publication of the account by the stepson of I applaud the committee for their efforts and especially thank
the plaintiff about the stepson’s visit with the plaintiff and all of the women who attended the luncheon.”
the stepson’s ailing father, the plaintiff’s husband. The news-
letter account read: Pramaggiore joined ComEd’s legal team in 1998. In her cur-
rent role as president and chief operating officer, Pramaggiore
I had a chance to visit with my father in Southern Florida is responsible for overseeing the day-to-day operations of
before my Passover tour. He has been ill for some time and ComEd, which has 5,900 employees and revenues of approxi-
False Light Continued on page 2 mately $6.1 billion.

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False Light Continued from page 1 speech without any appreciable benefit to
society.
I was afraid that I may not have another
chance to be with him. I had been witness- With regard to the first point, the Court not-
ing to him on the telephone for the past ed that defamation law already encompasses
few months. He would listen and allow me claims that would fall under the definition of
to pray for him, but that was about all. On false light, such as “the concept that literally
this visit, whenever I talked to my father, my true statements can be defamatory where
stepmother, Edie (also Jewish), was always they create a false impression.” The Court re-
close by, listening quietly. Finally, one morn- ferred to this as “defamation by implication”
ing Edie began to ask me questions about and cited several Florida DCA opinions that
Joel B. Rothman is a partner have discussed the tort.
in the firm’s West Palm Beach
Jesus. I explained how G-d [sic], gave us
office. Board certified in Y’Shua (Jesus) as the final sacrifice for our
Intellecual Property Law, atonement, and showed her the parallels As to the second point, the Court discussed
Mr. Rothman represents
individual and corporate
with the Passover Lamb. She began to cry, the different standards applicable to the tort
clients in intellectual property and when I asked her if she would like to ask of false light versus defamation.
infringement litigation G-d for forgiveness for her sins and receive As the Restatement explains, it is “not . . .
involving patents, trademarks,
copyrights, trade secrets, trade Y’Shua she said yes! My stepmother repeated necessary to the action for invasion of privacy
libel and related commercial the sinner’s prayer with me-praise G-d! Pray that the plaintiff be defamed. It is enough
matters. His litigation that he is given unreasonable and highly
practice also includes
for Edie’s faith to grow and be strengthened.
significant focus on electronic And please pray for my father Marty’s salva- objectionable publicity that attributes to him
discovery issues such as tion. characteristics, conduct or beliefs that are
e-discovery management and
motion practice relating to
false, and so is placed before the public in
e-discovery. Based upon this publication, which the a false position.” See Restatement (Second)
plaintiff claimed placed her in a false light of Torts § 652E cmt. b. For the tort of false
Mr. Rothman also files
applications for trademark regarding her religious beliefs, the plaintiff light, the standard is whether the statement is
and copyright registrations, filed suit against Jews for Jesus. The plaintiff highly offensive to a reasonable person. Id. §
represents companies in 652E(a). Conversely, a defamatory statement
licensing and acquisitions,
also asserted claims for defamation and in-
and advises clients on tentional infliction of emotional distress. The is one that tends to harm the reputation of
information security and trial court dismissed the initial complaint. another by lowering him or her in the esti-
privacy matters. Mr. Rothman
has significant employment
An amended and second amended complaint mation of the community or, more broadly
litigation experience as were also dismissed, and the plaintiff ap- stated, one that exposes a plaintiff to hatred,
well, including defense of pealed. On appeal the Fourth District Court ridicule, or contempt or injures his business
Fair Labor Standards Act,
wrongful termination, and of Appeal rejected the defamation claim but or reputation or occupation.
discrimination matters. certified the question of whether Florida
recognized a claim for false light invasion of For the court the critical issue boiled down to
A substantial portion of Mr.
Rothman’s practice is devoted privacy to the Supreme Court of Florida. the fact that false light is defined in subjec-
to representing dietary tive terms versus defamation which is defined
supplement companies in FDA
and FTC regulatory matters,
The Supreme Court discussed two concerns more objectively.
transactions and litigation. raised by other courts that have rejected the
Mr. Rothman publishes tort of false light: (1) it is largely duplicative The court also raised First Amendment con-
the Nutritional and Dietary
Supplement Law Blog at of defamation, both in the conduct alleged cerns. According to the Court, the false light
www.nutrisuplaw.com that and the interests protected, and creates the “highly offensive to the reasonable person
provides information and standard” raised a potential chilling effect on
resources on laws and
potential for confusion because many of its
regulations that apply to parameters, in contrast to defamation, have free speech because liability depended too
the manufacture and sale of yet to be defined; and (2) without many of much on subjective concerns of the plaintiff.
supplements, functional foods,
and cosmetics.
the First Amendment protections attendant
to defamation, it has the potential to chill The Court rejected the suggestion that it
False Light Continued on page 3

www . a r n s t e i n . c o m
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Firm co-sponsors event on Kedrowski was originally scheduled to speak at the recent
POWER: Opening Doors for Women Corporate Leadership
water technology in Israel Dinner, but was unable to attend. The firm arranged this
special networking opportunity exclusively for the women of
On July 22 the firm
Arnstein & Lehr and their guests.
co-sponsored Water,
the Israeli Experience
in the Chicago
office. The speaker
LGBT domestic violence topic of
for the event was discussion at firm hosted CLE seminar
Assaf Barnea, CEO
of Kinrot Ventures, The Chicago office of Arnstein & Lehr hosted a continuing
a water technology legal education seminar on May 29 on domestic violence is-
incubator. Mr. sues facing the lesbian, gay, bisexual and transgender (LGBT)
Barnea discussed Kinrot Ventures’ Assaf Barnea talks to attendees community. Entitled The Last Thing Hanging in the Closet:
of the water technology in Israel seminar held Domestic Violence in LGBT Relationships (Legal Issues and
the development of recently at Arnstein & Lehr LLP.
new water technology Remedies), the seminar was presented by the Chicago Lesbian
and the role of Israeli and Gay Bar Association.
water innovation and overcoming challenges.

More than 60 professionals involved in water treatment and


technology attended the seminar. The event was co-sponsored
Florida Supreme Court
by the Israel Midwest Economic Mission, America-Israel throws out ‘false light’
Chamber of Commerce, Ben-Gurion University and the Continued from page 2
Consulate General of Israel to the Midwest.
could extend defamation protections to false light as other
jurisdictions have done, but determined that this should be
Firm hosts women’s left to the legislature. The Court also noted in a parting shot
that no case has been identified where a claim based solely on
networking luncheon false light was upheld, which signaled to the Court that the
tort was irrelevant.
Chicago Partner Cynde Hirschstick Munzer and Arnstein
& Lehr hosted a women’s corporate leadership networking
Finally, the Court held that the applicable standard in defa-
luncheon on July 15 in the Chicago office.
mation cases is the Restatement standard that the defamatory
statement prejudices the plaintiff in the eyes of a “substantial
Speakers were Kathleen Kedrowski, managing director of
and respectable minority” of the community.
Navigant Consulting, and Monica Weed, vice president,
secretary and general counsel of Navigant Consulting.
Thus, in the future, plaintiffs who would normally claim false
They told their stories of struggle and triumph as they
light must plead a claim for implied defamation and meet the
climbed the corporate ladder to their current positions. Ms.
applicable standard for the communication at issue.

Attorneys featured in this issue

William Anaya Bruce Balonick Dale Bergman Howard Berrington Mary Cannon-Veed

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Chicago office. Prior to joining Arnstein & Lehr, Berrington was


Firm co-hosts Corporate a partner in the Corporate Practice Group at Levenfeld Pearlstein,
Leadership dinner LLC.

Arnstein & Lehr LLP recently served as co-host for a Corporate John Turner joins West Palm Beach office
Leadership dinner along with the International Lawyers Network John Turner recently joined the West Palm Beach office as a partner
(ILN) as part of the 2009 POWER: Opening Doors for Women in the Business Organizations, Litigation and Intellectual Property
event in Chicago. The dinner took place May 14. Arnstein & practice groups. Turner also represents clients in corporate transac-
Lehr, a member of tional matters including trademark registration and the negotiation
ILN, broadcast the of licensing agreements, franchise agreements, and lease and termi-
dinner live over the nal operating agreements. Prior to joining Arnstein & Lehr, Turner
internet to ILN’s was a partner with Buckingham, Doolittle & Burroughs, LLP.
female attorneys
within its 91 full- Dale Bergman joins Fort Lauderdale office
service member Dale Bergman has joined the Fort Lauderdale office as a partner in
firms. the Corporate Securities and Business Organizations & Transactions
Practice Groups. Prior to joining Arnstein & Lehr, Bergman was an
The event, billed equity member in the Miami law firm of Kluger, Peretz, Kaplan &
as a networking Berlin, P.L.
program for wom-
en, began with a Three associates join firm in Chicago, Miami offices
networking recep- Three associates also joined Arnstein & Lehr this fall. They are Julie
tion with several Meyer and Katelyn Rose Letizia who reside in our Chicago office
hundred women Wynona Redmond, Dominick’s (left); Deidre Brekke, and Steven Appelbaum who joins our Miami office. Meyer and
at Chicago’s Swis- Pactive Corporation (center); and, Cynde Hirschtick Letizia served as summer associates with the firm and will work in
sôtel, followed Munzer, Arnstein & Lehr LLP(right). the area of litigation. Appelbaum also served as a summer associate
by simultaneous in our Miami office.
breakout dinners at different venues throughout the city focused
on specific industries and themes.
Providing a broad range
The Corporate Leadership dinner was co-hosted and moderated by
Arnstein & Lehr Partner Cynde Hirschtick Munzer and Wynona of services in situations
Redmond, director of public affairs & government relations at involving financially
Dominick’s, which was also a co-sponsor of the event. troubled businesses and
individuals.
Firm welcomes three
partners and three associates Barry Chatz moderates business seminar
Bankruptcy Partner Barry A. Chatz moderated a seminar entitled
“Workouts & Turnarounds: Non-Bankruptcy or Pre-Bankruptcy
Howard Berrington joins Chicago office for the distressed business.” Attendees worked out strategies for
Howard Berrington recently joined the firm as a partner in the business counsel, the role of the lender’s counsel and pre-bankruptcy
Business Organizations & Transactions, Bankruptcy & Creditors’ planning. The seminar was held at Chicago’s UBS Tower. Arnstein
Rights and Banks & Financial Institutions practice groups in the & Lehr hosted the seminar and networking lunch.

Attorneys featured in this issue

Jenifer Caracciolo Barry Chatz Vanessa Cohn Andrea Cox Toby Eveland

www . a r n s t e i n . c o m
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David Golin speaks to auto dealers mon Pleas in Hamilton County (Cincinnati), Ohio. He testified
on manufacturer bankruptcies on June 9 before the presiding Magistrate concerning the issue of
Bankruptcy Partner David A. Golin spoke to members of the whether the Uniform Foreign Money Claims Act (UFMCA) applied
Illinois Automobile Dealers Association (IADA) on May 12 in to the luxury London-based manor house owned by the couple.
Springfield, Illinois, during the IADA’s Survival & Legal Bankruptcy
Seminar. Golin’s presentation discussed Chapter 11 bankruptcy The UFMCA allows any claimant to assert a claim in foreign
issues and the effects and ramifications of the Chrysler bankruptcy money. It also allows any opposing party to contest such a claim,
and the then-potential General Motors bankruptcy on their dealer- and to assert and prove that a different money should be the basis
ships. for the claim. The issue concerning the manor house was when the
Euros should be converted to dollars, and the difference in valuation
dates amounted to nearly half a million dollars. Swibel, who had
Barry Chatz addresses economic helped draft the statute 20 years ago, testified that the UFMCA was
crisis in Financier Worldwide magazine not applicable and on August 5 the Magistrate so ruled.
Bankruptcy Partner Barry Chatz was recently invited to participate
in a roundtable discussion with other U.S. financial experts with Bruce Balonick to speak at Financial
their responses forming the basis of an article in the September issue
Service Centers of America 2009 Conference
of Financier Worldwide magazine. Panelists were asked to provide
Chicago Partner Bruce Balonick is presenting a workshop entitled
their thoughts on topics such as the recent U.S. bankruptcy market,
“Legal and Tax issues in buying and selling off a financial service
macroeconomic trends affecting businesses, the effectiveness of
business” at the Financial Service Centers of America 2009 Confer-
reorganization and restructuring. Financier Worldwide magazine
ence in Colorado Springs on October 22-25.
is a leading publisher of news and analysis on the global corporate
finance market place.
Mark Miller has busy year representing
International Archery Federation
Providing services for both Business Partner Mark Miller made several trips this spring and
privately and publicly held summer as chair of the International Archery Federation’s (FITA)
businesses in a diverse Constitution and Rules Committee, of which he has been a com-
range of industries, as well mittee member since 2005. As committee chair, he also serves as
as municipalities and not- an ex officio member of FITA’s governing council. In addition, he
for-profit organizations.
currently serves as a member of FITA’s Youth Development Com-
mittee. He attended the 2009 Youth World Championships held
in Ogden, Utah, and presented medals and flowers as a Council
Arnstein & Lehr completes member along with members of the International Olympic Com-
large stock sale despite economy mittee and other dignitaries.
Partners Barry Chatz, Mark Miller and Erik Kantz completed
a $23 million sale of stock involving installment payment and A past president of USA Archery, Miller attended FITA Constitu-
multi-tiered subordination arrangements involving institutional and tion and Rules Committee meetings in Regensburg, Germany, and
private lenders. Ulsan, Korea. In November he will travel to FITA meetings in
Rome and Germany.
Howard Swibel retained as expert witness on issue
concerning Uniform Foreign Money Claims Act Bergman quoted in Hedge Fund Law Report
Chicago Partner Howard Swibel was retained as an expert witness Fort Lauderdale Partner Dale Bergman was quoted in a September
in a multi-million dollar divorce case pending in the Court of Com- 2 article appearing in the Hedge Fund Law Report entitled, “Hedge

Adam Fayne Scott Frank David Golin Judy Grubner Richard Hellerman

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Funds are Purchasing or Launching Mortgage Servicers to Take


Advantage of Increased Opportunities in Distressed Residential Representing private,
Mortgages.” In the article, Bergman was quoted discussing how public, local and interna-
banks are being compelled to increase lending as the economy tional clients in a variety
begins to recover. of construction-related
transactions and litigation
matters.
Howard Swibel interviewed on
Uniform Partnership Act for upcoming book
Chicago Partner Howard Swibel was interviewed by a researcher Samuel Levine authors article on
at the University of Memphis School of Law in connection with an contractor protections through mechanics liens
upcoming course book entitled “Cases and Exercises on Corpora- Construction Partner Samuel Levine recently authored an article
tions and Business Entities: A Practical Approach,” to be published that appeared in both the June issue of Colorado Construction maga-
next year by Aspen Publishing. Swibel was asked to comment on zine and the July issue of Modern Contractor Solutions magazine.
the Uniform Partnership Act which he helped draft in 1997. The article, entitled Punchlist Commentary: Protection for Contrac-
tors through Mechanics Liens addresses the recent trend of contractors
Dale Bergman provides thoughts on solutions asserting their rights through mechanics lien claims as a vehicle for
payment. Levine examines lien claims, owner and lender notifica-
for condo developers struggling to sell units tion, claim recording and bankruptcy in the article.
Fort Lauderdale Partner Dale Bergman was asked for his thoughts
in the South Florida Business Journal on Miami-based Yale Mortgage
qualifying condominium unit buyers for five-year balloon mortgages
Justin Weisberg speaks on risks,
as a way to cut the balance of a construction loan to secure mort- obligations of construction shop drawings
gage notes that can generate cash flow. His comments appear in an On September 16 Chicago Construction Partner Justin Weisberg
article entitled Slice-and-dice time for condo loans. presented a Webinar entitled “Understanding the Risks and Obliga-
tions Involved in the Preparation and Review of Shop Drawings.”
The Webinar was hosted by WPL Publishing Co., Inc. and had 140
Assisting clients in
companies on the line with an estimated 600 participants.
navigating the current
economic climate through a
multi-disciplinary approach
that serves to shield them A leader in the defense of
from financial distress. consumer finance litiga-
tion both individually and
Alan Kipnis discusses South Florida as class action cases.
foreclosure purchases on Comcast Newsmakers
Fort Lauderdale Commercial Solutions Group Partner Alan Kipnis
was interviewed recently for Comcast’s Newsmakers South Florida John Ropiequet and Chris Naveja
news program to discuss his views as an authority on area foreclo- publish article on lending litigation
sure purchases. Chicago Partners Chris Naveja and John Ropiequet have written
an article entitled “Fair Lending Litigation Following the Subprime
Newsmakers South Florida keeps viewers informed about important Meltdown” that will be published in the September issue of Bank-
local issues and events directly impacting Miami-Dade and Broward ing & Financial Services Policy Report. The article traces the his-
County residents. It regularly features community leaders, opinion tory of government enforcement actions and class action cases that
makers, and elected officials. Kipnis’ five-minute segment aired have alleged racial discrimination in mortgage lending and auto
several times during the months of May and June. finance and surveys recent actions against mortgage lenders.
Attorneys featured in this issue

Cynde Hirschtick Munzer Arthur Janura Martin Kalish Erik Kantz Jonathan Knisley

www . a r n s t e i n . c o m
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Assisting clients to deal with Serving as attorneys for a


their environmental concerns number of municipalities
in a cost-effective manner in and in the representation
the litigation, administration, of both public and private
and transactional contexts. clients in a multitude of
governmental matters.

Samuel Levine, Bill Anaya Morris, Caracciolo and Logothetis


speak at ISBA CLE Fest 2009 secure appellate victory for municipality
On June 18 Partners Samuel Levine and William Anaya spoke at
Partner Hal Morris, assisted by Associates Jenifer Caracciolo and
the Illinois State Bar Association CLE Fest 2009. Levine and Anaya
Georgia Logothetis secured a significant victory in the Illinois
presented a 2009 real estate update focusing on "Practical Envi-
Appellate Court, Second District, for one of the firm's municipal
ronmental Concerns for Illinois Lawyers." The seminar included
clients. In that case, a resident of the municipality sought leave to
an analysis of the environmental risks associated with real estate
intervene in a concluded court proceeding where the court had
property and analyzed several of these risks, including the Real
confirmed the public vote in favor of forming the municipality. The
Property Disclosure Form, mold, radon, and reading/interpreting an
reason for the request was to file a motion challenging the very exis-
environmental report.
tence of the municipality and to seek its complete dissolution.

The Arnstein & Lehr team argued that the trial court was correct to
Assisting clients in formulat- deny the request for intervention. The Appellate Court agreed with
ing and implementing com- the position and reaffirmed the analysis that the trial court must
plex estate planning matters first determine if intervention is appropriate before it can assess the
in a tax-efficient manner. merits of the motion which the intervening party wants to bring.
Here, the Appellate Court agreed that the intervention was untimely
as the intervenor waited months before bringing his request and in
Tarshis and Vitek write on the the interim the municipality had undertaken many actions which
could not easily be undone. Thus, the Appellate Court ruled in Arn-
responsibilities and obligations of trustees
stein & Lehr's client's favor in all respects, including agreeing with
Estate Planning Partners Jay P. Tarshis’ and Joseph Vitek’s article
the position that the intervenor failed to meet all of the procedural
“Current Trends in Fiduciary Litigation: The Evolving Responsibil-
requirements in both the trial and appellate courts.
ity of the Trustee to Diversify its Portfolio” recently appeared in
the summer issue of The Journal, a publication of Stout Risius Ross
(SRR), a financial advisory firm. Municipal Law Group secures notable victory
Chicago Partner Hal Morris, Chicago Associate Jenifer Caracciolo,
The article discusses the changing responsibilities of trustees and and Hoffman Estates Partner Art Janura, received a significant suc-
their obligations for the assets they are entrusted to manage. It cess for one of firm's municipal clients where the client had denied
specifically focuses on the trustee’s duty to diversity investments Public Safety Employee Benefits to a firefighter. The firefighter had
and whether a “retention clause” in the trust instrument provides claimed to be entitled to Public Safety Employee Benefits Act (PSE-
the trustee with protection against claims by beneficiaries. SRR’s BA) benefits because he was injured on the job. Under PSEBA, a
clients include Fortune 50 corporations to closely-held private public safety worker and his spouse are entitled to lifetime benefits
companies in numerous industries around the globe. It specializes if catastrophically injured while responding to what is believed to be
in investment banking, valuation & financial opinions, and dispute an emergency. Although the firefighter was catastrophically injured,
advisory & forensic services.

Alan Kipnis Kathleen Lach Robert Lasky Laura Lau Marinelli Louis Lehr

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that injury occurred while reloading fresh hoses on a returning out facturer of generic pharmaceuticals. Judge Frederick Kapala of the
of service fire vehicle. The team successfully defended the Village's Northern District of Illinois granted the manufacturer’s Motion for
denial of benefits on administrative review and also defeated the Summary Judgment and dismissed plaintiff’s claims against it.
request for attorney’s fees. This result is significant in terms of the
monetary savings to our client and the impact it has on Illinois state This result is one of the few recent victories for pharmaceutical
wide requests for such benefits. The case extended existing case law manufacturers across the country in the wake of the U.S. Supreme
and made it clear that the injured worker's belief must be objectively Court’s decision in Wyeth v. Levine which significantly weakened the
reasonable. defense of federal pre-emption of state law claims regarding pharma-
ceutical safety warnings, making it considerably more difficult for
Art Janura speaks at bar association manufacturers to prevail on such claims.
Partner Art Janura spoke at the Northwest Suburban Bar Associa-
tion on May 21 in Arlington Heights. The seminar was entitled Here, the plaintiff alleged that the firm’s client failed to appropri-
“The Tag-Along Torts – Defamation, Intentional Infliction of Emo- ately warn of dangers associated with its product, a generic form
tional Distress, and Invasion of Privacy.” Janura spoke on the topics of the widely prescribed antibiotic, Bactrim. The plaintiff incurred
of litigation strategies, counseling employers, proving damages and Stevens-Johnson syndrome, a serious disorder which attacks the skin
preemption. and mucus membranes and which resulted in permanent injuries.

Stevens-Johnson syndrome is included in the product warnings


Janura reappointed to chair
issued by the manufacturer and was known to the prescribing physi-
NWSBA's Local Government Committee cian. It is on this basis that the manufacturer sought dismissal of
Partner Art Janura was reappointed committee chair of the Local the claims, as the defense contended that the prescription for the
Government Committee of the Northwest Suburban Bar Associa- generic Bactrim had been issued by a learned intermediary who had
tion for the 2009-2010. all necessary information provided to her regarding the risks and
benefits of the medication.
Janura appears on
"I Didn't Know That" Legal Hour Judge Kapala agreed, and in his opinion he concluded that the
Partner Art Janura appeared on the September 13 broadcast of "I plaintiff’s claims failed to survive the learned intermediary doctrine
Didn't Know That" Legal Hour on Chicago’s WIND AM 560. and he entered judgment on behalf of the firm’s client.
Janura was interviewed by radio personality Dave Schlueter. The one
hour program reviews topics of note concerning the legal system. Marty Kalish, Tracey Salinski speak at AHIMA
Legal Forum on electronic health records
Representing hospitals, Miami Partner Marty Kalish and Chicago Associate Tracey Salins-
managed care entities, multi- ki recently spoke at the American Health Information Management
specialty provider groups, Association (AHIMA) conference held at the Chicago Marriott
single specialty groups and Downtown on August 17-18.
individual physicians, as well
as clinical laboratories and
Their presentation was titled “The EHR Exception – Practical
physical therapy providers.
Approaches to Gain Acceptance and Deflect Inertia.” Their Power
Point presentation is available for those interested. AHIMA is the
David Waxman and Sharilee Smentek premier association of health information management professionals
obtain important pharmaceutical victory with more than 53,000 members dedicated to the effective man-
Healthcare Partners David Waxman and Sharilee Smentek agement of personal health information required to deliver quality
obtained an important victory for a nationally prominent manu- healthcare to the public.

Attorneys featured in this issue

Neville Leslie Katelyn Letizia Samuel Levine Steven Malitz Robert A. McKenzie

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Representing insureds, risk


pools, insurance and reinsur- Counseling clients on matters
ance companies, exquidaters, related to the protection of
insurance agencies and brokers, copyrights, trademarks, and
third-party administrators, and trade secrets.
other insurance-related entities.

Mary Cannon-Veed wins case Joel Rothman joins West Palm Beach office
Joel Rothman recently joined the West Palm Beach office as a
against insolvent insurance company partner in the intellectual Property and Commercial Litigation and
In 1998 a clothing store in Florida sued one of its competitors, Transactions practice groups. Rothman’s litigation practice includes
claiming that the a rogue employee of the competitor had orches- a significant focus on electronic discovery issues, such as e-discovery
trated a scheme involving fraudulent which misled the public into management and motion practice relating to e-discovery.
confusing the two stores; the net effect was that the first store went
out of business. The competitor had insurance for that suit, but the
insurance company refused to defend it and left its insured high and
Rothman earns Florida Bar Board
dry. The policyholder had to hire its own lawyers and attempt to certification in Intellectual Property
defend the case. Eventually, the two clothing stores settled the law- West Palm Beach Partner Joel Rothman was recently certified by
suit with an agreed judgment for $1.5 million, which could only be The Florida Bar as a legal specialist in Intellectual Property. Board
collected from the insurance policy. In the meantime, the insurance Certified attorneys are the only Florida lawyers allowed to identify
company, based in Illinois, went broke. or advertise themselves as specialists or experts.

Arnstein & Lehr’s client specializes in buying and prosecuting claims Florida’s board certification program is one of the leaders in the na-
against insolvent and otherwise deadbeat insurance companies. tion in maintaining the highest standards for excellence and profes-
They went into a partnership with the plaintiff in the Florida law- sionalism while adding practice areas.
suit, and on their joint behalf the firm prosecuted the claim against
the insurer. The liquidator tried to argue that the policy (which had Rothman launches blog
limits of $1 million) didn’t cover the claim. They also tried to argue focused on iPhone applications law
that the settlement didn’t bind the insurance company and was Partner Joel Rothman recently launched Appslawblog.com which
unreasonable and unfair. Insurance Partner Mary Cannon-Veed focuses on iPhone applications and the law. Rothman launched the
obtained a judgment against the insolvent insurance company for blog with attorney Kevin Houchin. They gained notoriety by filing
more than $1.5 million for the client. Eleven years later the judge the now infamous iFart v. Pull My Finger trademark infringement
ruled in the firm’s favor on both counts and approved our clients’ lawsuit in early 2009 in the District of Colorado.
claim in its entirety.
Judy Grubner published in IP Strategist
Cannon-Veed appointed executive The May issue of Law Journal Newsletters The Intellectual Property
editor of ABA TIPS standing committee Strategist, featured an article written by Partner Judy Grubner. The
Insurance Partner Mary Cannon-Veed was recently appointed article, entitled “Lanham Act addresses a corporation's claim that a
executive editor of the American Bar Association’s Brief Editorial product infringing patent is 'innovative' is not a false designation of
Board Special Standing Committee within the Tort Trial & Insur- origin.”
ance Practice Section (TIPS) for the 2009-2010 fiscal year. Cannon-
Veed is both an ABA and TIPS practice section member. Grubner's article reviews the overlap of copyright and trademark/

Robert E. McKenzie Ronald Menaker Mark Miller Hal Morris Christopher Naveja

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unfair competition laws addressed in Dastar Corp. v. Twentieth Cen- Representing both private
tury Fox Film Corp., as being similarly applicable to Baden Sports, and public sector employers
Inc. v. Molten USA, Inc. where an accused patent infringer makes including union and non-
false claims that it originated a third party's patented technology in union companies - from large,
the promotion of its manufactured basketballs. publicly held corporations to
small, closely held and not-
Rothman published in Nutritional for-profit businesses.
Outlook magazine on recall protection
West Palm Beach Partner Joel Rothman wrote an article for Nu- Employment Law Group hosts
tritional Outlook magazine entitled “Playing It Safe: Marketers can
Executive Terminations seminar
protect themselves against product adulteration and recalls.” The
On September 30 the firm hosted “Terminating High-Level Execu-
article examines what a company can do to protect themselves from
tives in Tough Economic Times.” Chicago Partner Paul Starkman,
adulterated ingredients and what role the FDA plays.
along with Bob Wilson of High Potential, Inc., Tom Carroll of RR
Donnelley and Laurel Bellows of The Bellows Law Group, P.C. ad-
Rothman appointed to Florida Bar IP Committee dressed issues resulting from terminating senior executives, includ-
West Palm Beach Partner Joel Rothman was recently appointed ing litigation, bad publicity, business disruptions and poor morale
chair of the Intellectual Property Committee of the Business Law among remaining managers. The seminar also offered real-world
Section of The Florida Bar. The position is for a two-year term. solutions to solve the problems associated with these terminations.

Rothman discusses buying Paul Starkman interviewed


patents with online publications on legal issues of furloughs
On September 9 Partner Joel Rothman discussed the purchase Partner Paul Starkman was interviewed by Mary Swanton, Senior
of Linux patents by Operation Invention Network (OIN), which Editor for Inside Counsel about the legal issues and business benefits
consists of a group of companies including IBM, Sony, Red Hat and involved in companies using furloughs instead of layoffs in tough
Google. The companies are currently getting ready for a legal fight economic times. The article appeared in the August issue of Inside
over Linux. Rothman discussed the advantages of purchasing the Counsel.
patents and open source technology with LinuxInsider and E Com-
merce Times.
Jason Tremblay authors article on
avoiding employment litigation for HR Advisor
Rothman publishes article in IP Strategist Chicago Partner Jason Tremblay wrote an article for the May-June
West Palm Beach Partner Joel Rothman has an article appearing
issue of HR Advisor entitled “Avoiding Employment-Related Litiga-
in the October issue of IP Strategist “Negative Light, False Light
tion in 2009 and Beyond: 14 Preventative Measures Every Employer
Invasion of Privacy Falls out of Favor.” Rothman reviews cases that
Should Complete.”
have moved away from invasion of privacy tort, a growing trend
in Florida. In particular he reviews the case, Rapp v. Jews for Jesus,
which arose when Jews for Jesus published a newsletter account by a Mark Spognardi interviewed on the
man who had visited his ailing father and stepmother. use of social media for recruiting
Chicago Partner Mark Spognardi was recently interviewed by
HR Wire for a September 2 article entitled, "The Pros and Cons
of Recruiting Via Social Media." In the article Spognardi warned
readers not to replace face-to-face interviews with social media
and to beware of the possible legal pitfalls presented by such a new
phenomenon.

Attorneys featured in this issue

John Ropiequet Joel Rothman Tracey Salinski Jeffrey Shapiro Sharilee Smentek

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11

Paul Starkman interviewed on liability During the discovery phase of the damages aspect of the case,
Messrs. Balonick and Malitz, along with Associate Jason Hirsh,
problems of ex-convicts in the workplace
learned that the defendant business and its principal had profited
Chicago Partner Paul Starkman discussed EEOC and liability
considerably from their illicit practice of cashing checks for a fee
issues that may arise when companies hire ex-convicts with Busi-
without a license. Taking the extra step of reviewing often-over-
ness Insurance for their September 14 issue. California is currently
looked "metadata" (electronically stored information underlying
releasing more than 40,000 inmates from prisons, prompting many
all computer-generated documents), the attorneys learned that
companies to review their policies on criminal background checks.
the defendants had intentionally attempted to delete computer-
ized information which would prove even larger ill-gotten gains.
Handling all types of Confronting defendants with this damning evidence in conjunction
commercial and tort litigation with disclosing an expert who could link defendants' illegal profits
in federal and state courts at to our currency exchange client's decreasing revenues, Malitz and
the trial and appellate levels Hirsh were able to extract a very large monetary settlement and a
with expertise in arbitration, permanent injunction as trial neared.
mediation, and other forms of
ADR and administrative law
proceedings. Attorneys obtain unique
victory for entrepreneurial client
Arnstein & Lehr lawyers are golden Partners Steven Malitz, Richard Hellerman and Ronald Me-
for their currency exchange clients naker obtained a unique and valuable victory for one of the firm's
Chicago Partners Bruce Balonick and Steven Malitz, together with entrepreneurial clients. Our client is in the business of purchasing
Associate Laura Lau Marinelli, achieved a significant victory in excess inventory from various businesses at large discounts, usually
the first of a number of such actions against rogue businesses acting for cash.
as currency exchanges without licensure by the Illinois Depart-
ment of Financial Institutions. Arnstein & Lehr represents many In order to raise the capital for these transactions, the client solicits
Illinois-licensed community currency exchanges. On behalf of one investors who receive interest and a reasonable return on the
such community currency exchange, the attorneys sought to bar a invested sums. Although the client may have substantial funds on
competitor from operating as a currency exchange because it was deposit with one or more banks, banks are slow or otherwise unable
doing so without a license. They also sought damages for unfair to immediately convert such deposits to cash. Such cash is neces-
competition. The unlicensed business was cashing checks for a fee sary to expeditiously close on these purchases before the opportunity
in violation of the Currency Exchange Act. The business claimed vanishes.
that it was exempt under the Act because it was engaged in the
business of selling tangible personal property at retail--the so called Our client engaged the services of a licensed private security firm
"merchant’s exemption." and attorney who represented that they had strong relationships
with various banks which would allow the speedy conversion of
Notwithstanding the claimed exemption, Arnstein & Lehr attorneys bank funds to cash to facilitate the inventory purchases the client
argued that the business had admitted under oath that it was princi- planned to make, that their bank accounts were “escrow” accounts
pally engaged in the business of wiring funds for a fee and, there- such that our client's funds would be protected, that as owner of a
fore, could not meet the statutory definition of a merchant. The private security firm, one of the defendants had the ability to safely
judge agreed and, restrained the business from cashing checks for a and quickly transport the cash to closing and, that after they com-
fee or otherwise rendering any services requiring licensure under the pleted the cash conversion, the attorney defendant could handle the
Currency Exchange Act. purchase transaction.

After wiring substantial funds into defendants' escrow account, the

Edward Snyder Mark Spognardi Paul Starkman Howard Swibel Jay Tarshis

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defendants contended that a large portion of our client's funds had wide, Arnstein & Lehr LLP helped secure a victory in favor of a
been seized by the government and that the remaining funds had medical device manufacturer. This product liability suit involved a
been frozen by the bank. The defendants failed to furnish any docu- continuous infusion pain pump, a device employed for the post op-
mentation supporting these claims. Having no luck recovering the erative management of pain following surgery. The federal district
funds through negotiation, the client turned to Malitz and Heller- court in Key West, Florida entered summary judgment in favor of
man who instantly obtained a temporary restraining order freezing the device maker, finding that the Plaintiff could not present suf-
the bank accounts. ficient evidence to prove that the use of the infusion pump was the
general or specific cause of his injury. Attorneys Jeffrey Shapiro,
What was extraordinary about this result was that in order to freeze Neville M. Leslie, and Andrea Cox from our Miami office acted
assets of a defendant at the beginning of litigation and before entry as co-counsel to secure this important win on behalf of the medical
of judgment, the plaintiff generally must seek a "pre-judgment at- device manufacturer.
tachment." Such an attachment requires sworn, detailed proof of
fraud and a bond in twice the amount of the assets to be attached. Lou Lehr authors supplement to
Therefore, in order to attach assets before judgment, the claimant three volume work on premises liability
would be required to post cash in twice the amount to be seized. Chicago Partner Emeritus Lou Lehr authored a new chapter,
In order to avoid the inflexible bond requirement which, given the Injuries at Amusement Parks, as a part of the 2009 Supplement to
sums at issue, could prevent the client from obtaining effective and his three volume work, Premises Liability Third, published by West.
fast legal relief, Malitz and Hellerman instead sought a temporary Chicago Associate Jonathan Knisley contributed to the preparation
restraining order. In the context of a temporary restraining order, of the chapter. The book takes the practitioner step by step through
the judge has discretion on whether or not to require a bond. In the preparation and trial of a premises liability case and includes a
presenting the motion for a temporary restraining order (TRO), the disc of all of the forms found in the book.
judge agreed that no bond was required and entered the TRO freez-
ing the accounts.
Robin Trupp serves as panelist at
Yet another unique aspect of the case was that the attorneys ob- Legal Marketing Association conference
tained the injunction without first notifying the defendants, for Robin Trupp, a partner in the firm’s Tampa office, served as a
fear that they would deplete the accounts if notified of the motion panelist for the 2009 Southeast Legal Marketing Association's Mini
for injunction. The experienced chancellor presiding over the case Conference. The one day event, held in Orlando at the Orange
entered the TRO without notice despite having only entered such County Bar Association, brought together dozens of legal marketers
an ex parte TRO once before in his long legal career. After Mal- from Florida, Georgia, Alabama, and South Carolina. His panel ad-
itz and Hellerman obtained the ex parte TRO, they expeditiously dressed the topic Taking the Association for Corporation Counsel Value
notified all defendants at which time the defendants engaged an Challenge A Step Further: Creating the Ultimate Client Experience.
attorney who appeared in court for the second hearing on entry As a panelist, Trupp was asked to take part in discussing what client
of the temporary injunction. At the second hearing, Malitz and value means to both him as an attorney and Arnstein & Lehr, what
Hellerman persuaded the judge to preserve the injunction freezing the firm does to gather client feedback, what the firm’s client intake
the accounts and also convinced the judge to allow them to take process is, how the firm shows its appreciation to clients, how we
expedited discovery on the bank to determine if the funds were still communicate with clients, and what types of alternative fee arrange-
on deposit. The case is currently pending as Malitz and Hellerman ments the firm provides clients.
attempt to trace the assets.
Steven Malitz publishes article
Arnstein & Lehr secures victory on documenting statements
in product liability suit Partner Steven Malitz recently published an article entitled, "Best
In the first decision to arise out of dozens of similar lawsuits nation- Practices for Taking and Documenting a Statement." The article

Attorneys featured in this issue

Jason Tremblay Robin Trupp John Turner Joseph Vitek David Waxman

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13

covers how to document a statement or admission by a suspect, the Jason Weiss elected to a second
various types of statements, how to maintain control of the inter- term of Florida Bar section
rogation and suspect and how to protect the statement. The article Fort Lauderdale Associate Jason Weiss was recently elected to a
appears in CFInsider, (2009, Issue 2), The Journal for the Certified second term as the treasurer for the Entertainment, Arts & Sports
Forensic Interviewer. For the journal, Malitz authors the standing Law Section of The Florida Bar.
article, "Ask the CFI Attorney," in which he tackles questions posed
by investigative and loss prevention professionals for major retail-
ers and local, state and federal governments. Malitz's article also Chicago associate publishes
appears on Arnstein & Lehr’s Labor and Employment Group blog, article on red light camera laws
General-Counselor.com. Chicago Associate Katelyn Letizia recently published an article
in Chicago-Kent College of Law's Seventh Circuit Review entitled
Malitz published in CRM Magazine “The Seventh Circuit Gives the Green Light to Red Light Cameras:
Partner Steven Malitz published an article entitled, "Crafting a An Analysis of the Court's Application of the Rational-Basis Test
Strong Sales Contract." The article discusses the importance of sell- to Red Light Camera Laws.” The article is a scholarly review and
ers protecting themselves with a strong, well-written sales contract. analysis of the Seventh Circuit Court of Appeals decision regarding
The article focuses on four key provisions which should be included the constitutionality of red light cameras as a traffic enforcement
in all sales contracts. The article appears in the May issue of CRM and revenue generating mechanism. The article is one of the first to
Magazine, the trade publication for customer relationship manage- closely examine this burgeoning technology and the constitutional
ment, a company-wide business strategy designed to reduce costs implications arising out of its use. It can be found at 4 Seventh Cir-
and increase profitability by solidifying customer loyalty. cuit Review 338 (2009) and at www.kentlaw.edu/7cr. The Seventh
Circuit Review is a law review published by Chicago-Kent College
of Law under the direction of Chicago Partner Hal Morris who is
Toby Eveland appointed to also a professor at the school.
ISBA committees and leadership council
On June 27 Chicago Associate Toby Eveland was appointed to Assisting corporations,
serve as vice chair of the Illinois State Bar Association's (ISBA) partnerships, municipalities,
Committee on Sexual Orientation and Gender Identity. He was developers, lenders, borrowers,
also appointed by ISBA President John O'Brien to serve on the Il- condo and common interest
linois State Bar Association's Diversity Leadership Council. communities, landlords, tenants,
and those involved in all aspects
of real estate development,
Franklin Zemel re-appointed to ownership, and management.
term on Florida Bar ethics committee
Partner Franklin Zemel was recently reappointed to another two- Ray Werner serves as ABA meeting panelist
year term on The Florida Bar Professional Ethics Committee. The Managing Partner Ray Werner spoke at the American Bar Asso-
Professional Ethics Committee is charged with the duty of answer- ciation meeting in Chicago on August 1 as a panelist in a session
ing ethics inquiries from members of The Florida Bar concern- entitled “Bucking the Trend: Tales of Successful Law Firms in Tur-
ing the inquirer’s own proposed conduct. The committee reviews bulent Times.” Werner discussed how the firm has continued to be
informal advisory opinions issues by Florida Bar ethics department successful during the current economic downturn. The session was
attorneys. Additionally, the committee publishes formal advisory moderated by law firm consultant John Remsen.
opinions to guide bar members in interpreting and applying the
ethics rules. Scott Frank authors article
on condo construction rights
West Palm Beach Partner Scott Frank recently authored an article

Justin Weisberg Jason Weiss Raymond Werner Theresia Wolf-McKenzie Franklin Zemel

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14

for Affluent Magazine entitled “Know Your Rights When Your her for recovery of 1/3 of the proposed settlement for his fee, and
Dream Condo Doesn't Get Built." The article examines what own- won. The client deducted the payment she made to this lawyer as a
ers can do when condo construction is delayed and a down payment business expense. The IRS denied her deduction, taking the position
on the property is tied up in an escrow account. that her payment to the contingent fee lawyer was the result of her
breach of contract with the lawyer, and not in connection with the
discrimination suit. Lach and Fayne took the case to Tax Court,
Vanessa Cohn appointed to
and IRS counsel conceded the client's position, agreeing to allow
assisted living facility board the deduction as shown on our client's tax return.
Tampa Partner Vanessa Negron Cohn was recently appointed to
the board of managers for Weinberg Village, a senior living commu-
nity and 501(c)(3) organization that is part of the Tampa Bay Jewish
McKenzie and Lach secure
Federation. The board of managers is responsible for the day-to-day win for client against IRS
operations and fundraising efforts to maintain the quality of living Partners Kathleen Lach and Robert E. McKenzie recently won
of Weinberg Village’s residents. a Summary Judgment motion in Federal District Court for their
client. The IRS brought a suit against the firm’s client to reduce his
federal tax liabilities to judgment. The firm’s motion argued that
Assisting businesses in the statute of limitations to collect the liability had expired due to a
minimizing their tax risk and technicality contained within the code section on extension of the
maximizing their business and statute while settlement offers (Offers in Compromise) are pending.
financial goals. Arnstein & Lehr’s position was that for offers filed during a specific
period of time, the statute could not be extended beyond 2002
under this section of the code. The IRS, in order to avoid a written
Adam Fayne and Bob McKenzie secure opinion on this issue, did not respond to the motion, and agreed to
$6 million victory for client against IRS dismiss the case with prejudice and abate the assessments against the
Chicago Partners Adam Fayne and Robert E. McKenzie success- firm’s client.
fully litigated this multi-million dollar proposed tax deficiency
in the case Beard v. Commissioner, T.C. Memo 2009-184 (2009). Edward Snyder hosts CBA TV program
The IRS asserted that the six year extended statute of limitations Chicago Partner Edward Snyder recently hosted You and The Law,
period applied to the taxpayer's alleged overstatement of basis in a program on "Starting a Business.” The program covered business
his partnership interest. The liability at issue was in excess of $6 and tax laws relevant to the formation of a new small business. The
Million. Fayne filed a Motion for Summary Judgment arguing show appeared on Comcast channel 19 in the western suburbs.
that the extended statute of limitations period did not apply based
on an earlier Supreme Court case. The IRS alleged that an inflated Bob McKenzie recognized by CPA Magazine
basis of stock was the same as an omission of gross income. The Tax Partner Robert E. McKenzie was recognized in an article in the
Court agreed with Fayne that an overstatement of basis in partner- April/May edition of CPA Magazine entitled the "Top 40 Tax
ship stock is not the same as an omission of gross income and issued Advisors to Know During a Recession." State society and national
summary judgment in favor of his client and against the IRS. association of CPAs and accountants nominated the candidates.
Each candidate was then asked to submit words of advice about tax
Lach and Fayne secure win for client in Tax Court planning during a recession.
Chicago Partners Kathleen Lach and Adam Fayne won a vic-
tory for their client before the US Tax Court. The client brought Bob McKenzie continues to serve as media
a discrimination suit against her former employer, and hired a source on IRS efforts to track account holders
contingent fee attorney to represent her. She was offered a settle- Chicago Partner Robert E. McKenzie's IRS expertise continues to
ment, which she declined. Her contingent fee lawyer then sued

www . a r n s t e i n . c o m
15

be source for media outlets around the country seeking comment


on its efforts to track offshore bank account holders who have not
disclosed their assets. On August 23, The Baltimore Sun published
an article quoting Bob entitled, "Pay back taxes before the IRS finds
you." In the article, McKenzie discusses the importance of those Say goodbye to paper and
who have unpaid taxes to come forward before they are discovered receive Update electronically!
by the IRS. The article was subsequently published in the Omaha Why? conservation. By choosing
World-Herald, Boston Globe, Pittsburgh Tribune Review, Dal- You will get it faster. Opt for the electronic over the paper
las Morning News and Seattle Times. He was also a source for the Arnstein & Lehr’s Update news- version, you will be helping the
September 7 issue of Tax Notes and a September 22 article in the letter in the electronic version environment.
Chicago Tribune’s Chicago Law column “IRS targets taxpayers with and bypass the post office. We
secret Swiss bank accounts.” will send you an e-mail message How?
with a link to the latest issue as Email us at:
Attorneys complete jet aircraft transactions soon as it is posted to our Web marketing@arnstein.com.
Partners Edward Snyder, Theresia Wolf-McKenzie, Robert Lasky site, which also means you will We will add you to our elec-
and Associate Robert A. McKenzie, all with the Chicago office, receive it days sooner. tronic mailing list and send you
recently represented clients in a series of tax free, like kind exchanges
a link to receive our newsletters
of jet aircraft. The aggregate sale price for the three aircraft involved It is better for the environ- electronically.
in the transactions exceeded $11 million. Use of the like kind ment. Contribute to paper
exchange structure allowed the clients to avoid current taxation on
substantial profits and accelerated depreciation recapture that they
would otherwise have to recognize on the aircraft sales.

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arnstein & L ehr L L P is a member o f


the I nternati o nal L aw y ers N etw o rk

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 | F all 2 0 0 9
120 South Riverside Plaza • Suite 1200
Chicago, Illinois 60606-3910

www.arnstein.com

In this issue Arnstein & Lehr co-hosts


Firm hosts third annual Corporate Leadership dinner
Woman of Vision Luncheon Arnstein & Lehr recently served as co-host for the 2009
Arnstein & Lehr presented Anne R. Pramaggiore, the newly Corporate Leadership dinner along with the International
named president and chief operating officer of ComEd, with Lawyers Network (ILN) as part of the 2009 POWER: Open-
its 2009 Woman of Vision Award at a luncheon for women ing Doors for Women event in Chicago. (Page 4)
business leaders on July 23. (Cover Story)
Other top news
• In the News: A continuing legal education seminar on
Florida Supreme Court throws out ‘false domestic violence issues facing the lesbian, gay, bisexual and
light’ invasion of privacy cause of action transgender community was hosted by Arnstein & Lehr’s
West Palm Beach Partner Joel Rothman provides his insight Chicago office. (Page 3)
into a recent ruling by the Florida Supreme Court in Rapp v.
Jews for Jesus in which the Court rules that the cause of action • Notable Cases & Victories: Arnstein & Lehr’s Municipal
for false light invasion of privacy is not a valid cause of action Law Group secures two significant victories for our municipal
in Florida. (Cover Story) clients. (Page 7)

Firm co-sponsors event • New Additions: Chicago Partner Howard M. Berrington,


Fort Lauderdale Partner Dale S. Bergman, and West Palm
on water technology in Israel Beach Partner Joel B. Rothman, join the firm along with As-
On July 22 Arnstein & Lehr co-sponsored Water, the sociates Julie Meyer and Katelyn Rose Letizia in our Chicago
Israeli Experience in the Chicago office. The speaker for the office and Steven Appelbaum in our Miami office (Page 4)
event was Assaf Barnea, CEO of Kinrot Ventures, a water
technology incubator. Mr. Barnea discussed the development • Books, Journals & Articles: Partner Emeritus Lou Lehr au-
of new water technology and the role of Israeli water thors supplement to three volume work on premises liability.
innovation and overcoming challenges. (Page 3) (Page 12)
www . a r n s t e i n . c o m