Arnstein & Lehr Fall 2008 Update

8/14/2019 Arnstein & Lehr Fall 2008 Update

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A r n s t e i n & L e h r U p d At e | F A L L 2 0 0 8

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Arnstein & Lehr presents2008 Woman o Vision AwardA & L am av

g b $2.5 bllMay A vaza

Building upon Chicago Partner David Golins ongoing workon behal o the bond issuer or the Los Angeles Interna-tional Airport, Chicago Partner Howard Swibel recently leda team o Arnstein & Lehr LLP attorneys who assisted thewinning bidder in a $2.52 billion deal to privatize ChicagosMidway Airport. It is recognized as the rst privatization oa major airport in U.S. history. Te team included Chicago

Partners Bill Anaya,Joel Hurwitz, Cynde Hirschtick Mun-zer, Mark Spognardi, and Associate racey Salinski.

Swibel and the team represented Midway Investment &Development Company, a consortium consisting o YVR

Airport Services Ltd., analiate o the VancouverAirport Authority, CitiInrastructure Investorso New York and JohnHancock Lie Insurance

Company o Boston.Te Arnstein & Lehrteam advised the bidder

on issues o state and local law, including compliance withCity o Chicago disclosure requirements.

Under the 99-year lease, the city will receive an up-ront pay-ment o $2.52 billion. It is anticipated to close within thenext ew months.

First in U.S.

Arnstein & Lehr LLP presented Marsha Serlin, CEO andounder o United Scrap Metal, Inc., with its 2008 Womano Vision Award at a luncheon on July 17. More than 120emale business and proessional leaders were in attendance.Te award, sponsored by the Arnstein & Lehr DiversityCommittee, recognizes and honors groundbreaking, inspira-tional women who have made a dierence in the proessionalworld.

"I am honored and humbled to be the recipient o Arnstein& Lehrs Woman o Vision award," said Serlin. "Te sup-port o many women and the knowledge that women canaccomplish anything through hard work and determinationis what allowed me to carry out my vision and succeed in amale dominated industry. Again, I want to thank Arnstein'sDiversity Committee and especially thank all o the ladieswho attended the luncheon today."

Dr. Sandra Burke, Ph.D., who recently retired rom herposition as Director o Cardiovascular Biology Researchat Abbott Laboratories, presented Serlin with a pin or theAmerican Heart Association's (AHA) Go Red or Women

program during the luncheon. Te program aims to raiseawareness and educate women about heart disease. Burkeis on the Board o Directors o the AHAs Greater Midwestregion and is active in the Go Red program. Other womenin attendance included CEOs, COOs, executive directors,vice presidents and managing partners, as well as numerouswomen business owners.

Marsha was a clear choice or this years award, having built

Woman o Vision Continued on Page 3

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Robert McKenzie is apartner with Arnstein & Lehr

concentrating his practicein representation beore the

Internal Revenue Service

and state tax agencies.He has presented courses

beore thousands o CPAs,attornes and Enrolled

Agents nationwide. Prior toentering private practice,he was emploed b the

IRS, Collection Division,in Chicago rom 1972 to1978. During that time,

he worked as a revenueocer, a classroom and

OJT Instructor o RevenueOcers, and as an advisor

revenue ocer in theChicago Special Procedures

Sta. Since entering privatepractice, he has dedicateda major portion o his time

to representation beorethe IRS and litigating tax

controversies in state andederal court.

IRS Continued on Page 3

IRS aggressively

pursuing o shore accountsby Robert E. McKenziePartner, Arnstein & Lehr

Minimum wage increased

On July 1 a ederal judge in Miami issued anorder authorizing the Internal Revenue Service(IRS) to request inormation rom Zurich,Switzerland-based UBS AG about U.S. taxpayerswho may be using Swiss bank accounts to evadeederal income taxes.

Te order authorizes the IRS to serve what isknown as a John Doe summons on the bank.Te IRS uses a John Doe summons to obtaininormation about possible tax raud by peoplewhose identities are unknown. Te John Doesummons approved by the court directs UBS toproduce records identiying U.S. taxpayers withaccounts at UBS in Switzerland who elected tohave their accounts remain hidden rom the IRS.It is highly likely that the IRS will be successulin its eorts to secure the account inormationrom UBS. Based on a statement submitted to thecourt by ormer UBS banker Bradley Birkeneld,UBS employees assisted wealthy U.S. clients inconcealing their ownership o assets held oshoreby creating sham entities and then ling IRSorms alsely claiming that the entities were theowners o the accounts. According to Birkenelds

court statement, UBS had approximately $20 bil-lion o assets under management in undeclaredaccounts or U.S. taxpayers.

Voluntary DisclosureTe court order could lead to the disclosure othousands o U.S. residents who have ailed toreport UBS accounts. U. S. taxpayers who havebanked with UBS should immediately seek theadvice o a competent tax attorney. Te IRS hasa voluntary disclosure policy that may allow UBSclients to avoid harsh penalties and/or pros-ecution. Te central concept o the voluntarydisclosure policy is that the taxpayer must comeorward and sel identiy beore the IRS opens aninvestigation o that person. Beore approachingthe IRS or a voluntary disclosure a competenttax attorney will review all appropriate acts andcircumstances with a client to assure that the shequalies or the program. Ater a review o theacts, in most matters the tax attorney will thenapproach the IRS to negotiate anonymously on

Employer Alert

Employers should be aware that the Federaand Illinois minimum wages recently in-

creased. Pursuant to the 2007 Fair Mini-mum Wage Act, the ederal minimum wagerate or covered, non-exempt employeesincreased to $6.55 per hour (unless thestate, like Illinois, has adopted a higherminimum wage). Tis ederal rate increasebecame eective July 24, 2008, and willremain in eect or one year beore theederal minimum wage increases again to$7.25 per hour on July 24, 2009.

For Illinois employers, however, the States

minimumwage rateor covered,non-exemptemployeesincreased to$7.75 perhour start-ing on July 1, 2008. All Illinois employersmust adhere to the Illinois minimum wageincrease since it is higher than the ederal

minimum wage. Employers with employ-ees in other states should look to thosestates' laws to nd out about their appli-cable minimum wage rates.

Te 2007 Fair Minimum Wage Act did notchange the Fair Labor Standards Acts tipcredit provisions. Tereore, employerswho use tip credits, such as restaurants,are still permitted to pay tipped employeesa cash wage o $2.13 per hour. However,under Illinois law, while a tip credit is

recognized, it must not exceed 40% o theapplicable minimum wage. At its currentrate, tipped employees in Illinois mustthereore be paid at least $4.65 per hour inorder to ensure that the tipped employeesare compensated the applicable Illinoisminimum wage o $7.75 per hour.


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Attorneys featured in this issue

IRS Continued rom Page 2Woman o Vision Continued rom Page 1

William Anaa Bruce Balonick Matthew Brant

her own scrap metal business rom the ground up in 1978,said Cynde Hirschtick Munzer, a partner with Arnstein &Lehr, who presented the award to Serlin. Tirty years later

United Scrap has grown to become one o the industryspremier companies due to Marshas strong leadership, motiva-tional skills, creativity and innovative ideas. Like many greatvisionaries, Marsha is also active in her community and hasreceived a variety ohonors and awardsthroughout hercareer.

In 1978, Serlinenvisioned a recy-cling company that

would be motivatedentirely by customerneeds and satisac-tion. Her conceptworked and she hasbuilt a company thattoday employs over150 people and is anaward winning leader inrecycling solutions.

She is on the board o the United Way/Community Chest, amember o the board o governors o the Chamber o Com-merce, a member o the executive board or the Boy Scouts oAmerica, and serves on the board o directors at the Childrenat the Crossroads Foundation. Serlin is a commissioner on theCook County Commission o Womens Issues, and a membero Te Chicago Network, Te Committee 200 and the Na-tional Womens Business Council in Washington, D.C.

Tis is the second annual Woman o Vision Award Luncheon.Cheryle Jackson, president and CEO o the Chicago UrbanLeague, was last years honoree.

behal o the taxpayer and only upon agreement will the her iden-tity be disclosed to the IRS.

Te Law

Te law requires a United States taxpayer to report all nancialaccounts in a oreign country i the total value o the accountsexceeds $10,000 at any time during the calendar year. A willulailure to report a oreign account can result in a penalty o up to50 percent o the amount in the account at the time o the viola-tion or prosecution.

IRS CrackdownGiven its success in this case it is inevitable that the IRS will stepup its eorts to nd Americans utilizing tax haven banks. SinceSeptember 11 the U. S. Financial Crimes Enorcement Networkhas developed a coordinated program to nd money laundering,

oreign banking activity, and tax evasion. In most white collarcrime cases the Justice Department oers plea bargains to individ-uals like Birkeneld in return or cooperation in charging othersinvolved in illegal activity. Tereore with increased resources be-ing allocated to seeking out oreign bank activities by Americanswe can anticipate will the rst o many bankers who cooperate toreduce their potential jail time.

BackgroundOn June 19 Birkeneld pleaded guilty to conspiring with anAmerican billionaire real estate developer, Igor Olenico, Swissbankers, and his codeendant, Mario Staggl, to help Olenicoevade paying $7.2 million in taxes by assisting in concealing $200million o assets in Switzerland and Liechtenstein.

During the plea, Birkeneld admitted that between 2001 and2006, while he was employed as a director o UBS, he routinelytraveled to and had contacts within the United States to helpwealthy Americans conceal their ownership in assets held oshoreand evade the payment o taxes on the income generated romthose assets.

According to statements and documents led with the court,Birkenelds services to American clients violated a 2001 agree-ment that UBS entered into with the United States to identiy

IRS Continued on Page 4

2008 Woman of Vision recipient MarshaSerlin with Arnstein & Lehr PartnerCynde Hirschtick Munzer

Robert Butters Jenier Caracciolo James Chatz


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IRS Continued rom Page 3 nabl a & v

Andrea Cox Tob Eveland

and document any customers who received reportable U.S. sourceincome or would withhold and anonymously pay a 28 percentwithholding tax. Tis agreement was a major departure rom his-torical Swiss bank secrecy laws under which Swiss banks concealed

bank inormation rom the IRS.

$20 Billion In AssetsIn evidence provided by Birkeneld to the court, managers andbankers at the rm, including Birkeneld, assisted the U.S. clientsin concealing their ownership o the assets held oshore by help-ing these wealthy customers create nominee and sham entities.Tis was done to prevent the risk o losing the approximately $20billion o assets under management in the United States unde-clared business.

Te SchemeBirkeneld admitted that he and additional private bankers atUBS advised U.S. clients to place cash and valuables in Swisssaety deposit boxes, and purchase jewels, artwork and luxuryitems using the unds in their Swiss bank account while overseas.Additionally, they advised the clients to misrepresent the receipto unds rom UBS in the United States as loans rom the bank;destroy all oshore banking records existing in the U.S.; utilizeSwiss bank credit cards that they claimed could not be discoveredby U.S. authorities; and le alse U.S. individual income tax re-turns that omitted income earned by the clients and raudulentlymisrepresented that the clients did not have an interest in andsignature authority over accounts held oshore.

Commissioner CommentAs an indicator o the importance o this case IRS CommissionerDouglas Shulman said on July 19, I believe this case will send astrong signal to anyone hiding money in oshore bank accountsto avoid paying the taxes they should. Te IRS will pursue peopleusing oshore accounts in this manner as well as nancial advisersand others who orchestrate these tax raud schemes.

Final CommentIn summary, U. S. taxpayers who may have dealings with UBSshould immediately seek the advice o competent tax counselto determine their best options beore the IRS successully nds

them by other means.

1st District Appellate Court arms Weisberg

and Bryant $1 million mechanic's lien judgment

Chicago PartnerJustin Weisbergand Associate Matthew Bryantrecently received summary judgment or their client Inland ElectricCorporation, the electrical contractor involved in the constructiono the Montrevelle Condominium Building over the site o theold Como Inn Restaurant in Chicago. Te developer deaulted onpayments resulting in numerous mechanics liens in excess o $10million. Tere was also a mortgage oreclosure action in excess o$20 million. Te bank and contractors cooperated to have a receiverappointed to complete construction o the building and sell thecondominium units.

Due to the reusal o the developer and general contractor to com-ply with discovery, Inland Electric jointly moved with two otherclaimants or sanctions against the developer and contractor and,

ater an evidentiary hearing, the motion was successul, resulting inthe deault judgments against both the contractor and developer.Inland Electric was then opposed by First Midwest Bank whichheld the mortgage on the property, although Weisberg and Bryant

were successul in obtaining a judgment granting priority over themortgage and prevailing over the banks claims that Inland Electric'slien was over stated, that it ailed to comply with discovery, and thatit waived its lien by the issuance o a lien waiver to date. Te judg-ment amount with interest to date is in excess o $1 million.

Daniels and Newburgh successully close onchallenging commercial real estate transaction

West Palm Beach Partners Steven Daniels and Steven Newburghrecently closed on the sale o a bowling alley and its underlyingland. Te closing presented many challenges, not the least o whichconcerned an incomplete environmental study, outstanding codeviolations, open permits, a pending declaratory action concerninga reciprocal easement agreement with the bowling alleys neighborand problems with the tracts legal description. Due to nancingcontingencies, it was not known whether or not this deal wouldclose until three days prior to the scheduled closing date.

Franklin Zemel, Jason Gordonreceive landmark ruling or Chabad o Nova

Fort Lauderdale Partner Franklin Zemel and AssociateJasonGordon received a landmark ruling rom a ederal judge or their

Robert Cichocki Patrick Cotter Steven Daniels Allan Goldberg


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client Chabad o Nova. Te Chabad had been seeking to rent spaceat a Cooper City strip mall since 2005, but was continually rebuedby the city who cited ordinances that limited space or houses o

worship in strip malls. Miami U.S. District Judge Cecilia Altonagasaid the city violated ederal religious protection laws when it twicechanged its zoning codes to prohibit or restrict religious organiza-

tions rom opening in business and shopping areas.

Andrea Cox wins appellate case or majorhealth care and pharmaceutical company

Andrea Cox, a Miami associate, was granted a rare oral argumentby the Fourth DCA on a Petition or Writ Certiorari, and success-ully argued on behal o a major health care and pharmaceuticalcompany.

Te plainti had led a products liability suit against the com-pany regarding a drug eluting coronary stent. Te stent was a rsto its kind and went through the rigorous FDA pre market ap-proval which involved disclosure o its design, manuacturing, andmarketing procedures as well as the results o its clinical testing.Te plainti sought production o these documents in discovery,many o which contained condential and trade secret inormation.Te company produced thousands o pages to the plainti, whoseattorney sought court approval to disclose the documents to otherattorneys nationwide. Te trial court granted the request and thecompany led a petition or writ o certiorari in the Fourth DistrictCourt o Appeal to prevent the wide dissemination o its conden-tial documents.

Te Fourth DCA recognized that Florida courts had not previouslyaddressed whether a plainti may share condential and trade secretinormation to other attorneys who are not currently involved in

litigation regarding a similar product. With no Florida case lawto support the companys position, Arnstein & Lehr successullyargued that the court should ollow ederal law which only allowssharing with attorneys who represent plaintis in collateral litiga-tion. Te Fourth DCA agreed that the company is entitled toprotect its condential records and issued the writ o certiorari.

Hal Morris and Jenier Caracciolowin in Appellate Court or building co-op

Chicago Partner Hal Morris and Chicago AssociateJenier Carac-ciolo secured a signicant win in the Illinois Appellate Court onbehal o a cooperative building corporation. In that action, thecooperative and its manager were sued or alleged violations o the

Illinois Business Corporation's Act or ailing to provide a share-

holder certain inormation. At trial Caracciolo convinced the judgethat, not only had the client reasonably complied with the requestor inormation and documents, but the inormation requesteddid not exist and accordingly the court could not grant the relierequested. Te appellate court agreed and largely adopted the brieand arguments we put orth on behal o the clients.

Chicago team wins summaryjudgment or municipal client

Chicago Partner Hal Morris and Chicago AssociatesJenierCaracciolo and Georgia Logothetis won summary judgment onbehal o an Illinois municipal client and against a large number opetitioners seeking to legally disconnect their properties rom the incorporated municipality. Tere the petitioners were seeking discon-nection by including publicly owned lands in an eort to meet therequirements o the Illinois Disconnection Statue. Arnstein & Lehrattorneys successully argued that such a private use o public lands,

without the consent o the public body entrusted with the controland ownership o the lands, was inappropriate and violated the pub-lic use provision o the Illinois Constitution. In a widely reportedcase, the trial court agreed with our position and granted judgmentagainst the petitioners and in avor o the municipality. As a result,the municipal client retains almost $400,000 in tax revenues that

would have been lost had the disconnections been successul. Tiswin is especially signicant as there is only one reported Illinois casethat denied a similar request or disconnection.

Cynde Munzer closes deal with major bank

Chicago Partner Cynde Hirschtick Munzer represented a majorbank in the documentation and closing o a multimillion dollarCanadian line o credit loan to one o the largest vehicle feet lessors

in the U.S. She was assisted by the rms Ontario International LawNetwork member rm, Fogler, Rubino LLP.

Steven Malitz and Daniel Schlade obtainvictory or junior lender and mortgagee

Partners Steven Malitzand Daniel Schlade obtained a very avor-able settlement or their junior lender client, even though the valueo the senior mortgage ar exceeded the secured propertys value.Simply put, this victory was the result o keen attention to detail.

On August 24, 2006, the senior lender loaned a substantial sum tothe borrower and took back a mortgage secured by the subject prop-erty. One day later, the same borrower obtained a loan rom ourclient and gave a second mortgage. However, the client won the

Phillip Hudson, IIIWhitne Harrell Kurt HeinzJason GordonDavid Golin Stephen Hunt


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race to the recorders oce, recording its mortgage on September 5,2006. Te senior lender did not record its mortgage until October2006. Tereater, the borrower deaulted on the two loans and letthe country, leaving only the subject property to compensate thetwo lenders. As a result o the property condition and the down-turn in the real estate market, the value o the subject property was

less than the amount owed to the senior lender.

Te senior lender led its oreclosure suit on December 29, 2006through its rst set o attorneys. Te senior lenders attorneys ailedto name our client as junior lender because they thought our clienthad a senior mortgage based on its prior recording o its mortgage.

On April 6, 2007, Malitz and Schlade led a oreclosure suit onbehal o our client, naming the senior lender as a deendant. Tesenior lender appeared through a second set o attorneys, whodeended the case by arguing that the senior lender had prior-ity. Specically, the senior lender contended that our client hadactual notice o the rst mortgage (even though the client recordedits mortgage rst.) Discovery revealed that this was likely a valid

armative deense, and i orced to go to trial, the client almost cer-tainly would have been relegated to a junior position (i.e., it wouldreceive no money at a oreclosure sale.)

Tat said, when Malitz and Schlade led the clients oreclosureaction, they both expected the senior lenders two sets o attorneysto consolidate the two oreclosure cases and press the priority de-ense. However, they never did so and it became clear to Malitz andSchlade that the senior lenders various attorneys had made a criticalerror. Immediately, Malitz and Schlade devised a strategy to extendthe clients oreclosure suit so that the senior lender would orecloseits own mortgage, without oreclosing the clients mortgage. Malitzand Schlade sought to orce the senior lender to shoot itsel in theoot.

Te strategy worked perectly. Unbeknownst to the senior lenderssecond set o attorneys, on March 4, 2008, the rst set o attorneysoreclosed the senior lenders mortgage, without touching or impact-ing the clients mortgage. Malitz and Schlade sprang this act on thesecond set o attorneys, who were let scrambling and immediatelyrequested a settlement conerence. O particular note, the seniorlender had spent the previous year adamantly reusing to entertainany settlement talks. Te settlement conerence resulted in a veryavorable buyout or the client, which most likely had no right toany payout on its mortgage.

Tere were a number o important lessons rom this casethe keyone being that mortgage oreclosures are not routine matters. Many

banks and attorneys believe that oreclosures are orm cases. However, treating a oreclosure as routine can have devastating results.In this case, the senior lender and its attorneys made a number omistakes. First, they ailed to properly review all o the documentson the subject propertys title tract. Second, the senior lender andits attorneys ailed to communicate. All o the inormation needed

to protect the senior lender could have been obtained with a simplephone call, or even a review o public records on the Internet.Malitz and Schlade seized on these ailures, and turned them into avictory or their client.

Malitz, Hurwitz and Knisley deendclient against Las Vegas developer

Partners Steven MalitzandJoel Hurwitz, along with AssociateJonathan Knisley, obtained an amazing result or their real estateinvestor clients. In 2005, the clients contracted to purchase invest-ment condominiums in the robust Las Vegas real estate market o-ered by a large Chicago developer. Both beore and ater contract,the developer's agents and marketing brochures promised that thedevelopment would consist o two, identical towers, and that thepurchase prices or ower I units would be ar less than the purchaseprices or identical ower II units. In light o the higher purchaseprices or ower II units, our clients were promised that they wouldgarner tremendous upside in purchasing units in ower I. Devel-oper's agents urther promised that the development would be arare, stand-alone residential community, with no condotels, gamingor restaurants.

In late 2007 upon receiving notices to close, the clients learned thata second tower would not be constructed and that the ower II landhad been sold o or a condo hotel, restaurant and gaming. Teclients then sought assistance rom Malitz in terminating the real es-tate contracts. Te real estate contracts signed by our clients plainlyread that pre-contract promises rom the developer and its agents

were not part o the contract, that the clients were purchasing oneunit in only one tower, and that the developer had the right to buildor not build at its whim. Finally, the contract documents providedthat i our clients reused to close, they would oreit their earnestmoney and lose the right to purchase the units.

In demanding rescission, Malitz, Hurwitz and Knisley argued thathad the developer disclosed to the clients that ower II would notbe built and that their "neighbors" would be a casino, hotel andrestaurant, they would have rescinded long ago, beore the deadlineto do so expired. Malitz' team urther argued that the real estatecontracts required that the developer give notice o such material

modications to the oering such that our clients could rescind.

Joel Hurwitz Arthur Janura Norman Jeddeloh Jonathan Knisle Laura Lau Marinelli Samuel Levine


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n a

Malitz urther argued that as a result o massive cost overruns, as arback as 2005 the developer knew that ower II would not be built.Under threat o bringing a class action suit or raud, Malitz per-suaded one o the developer's ocers to meet with the clients, andthereater orced the developer to terminate the real estate contractsand reund a large portion o the earnest money. In obtaining this

result, the clients avoided purchasing condominium units that haddrastically allen in value, and paying large mortgages, taxes andassessments on what turned out to be poor investments. Further, inreceiving back their earnest money, the clients now had substantialsums to invest in other projects. Finally, the rm's clients were theonly ones who avoided closing on units in a doomed market.

Michelle Novick joins Chicagooce, Bankruptcy Group

New Chicago Partner Michelle Novickcomes to Arnstein & LehrLLP rom the rm o Tompson Coburn LLP, where she was also apartner. Novick concentrates her practice in the area o bankruptcy.She advises, protects and litigates on behal o banking, trade credi-tor and commercial clients.

Novick received her bachelors degree in Finance rom the Univer-sity o Illinois, and her J.D. rom the University o Illinois Collegeo Law. She is a member o the board o directors o the ChicagoChapter o Risk Management Association, an organization ocusedon managing risk in the banking/credit industry.

Fort Lauderdale oce strengthens bankruptcy

practice with addition o Stephen Hunt, David Ray

Attorneys Stephen Huntand David Rayrecently joined the rmsFort Lauderdale oce. Hunt joins the rm as a partner and boardcertied bankruptcy lawyer. He is a graduate o Georgetown Uni-versity and Seton Hall University School o Law. He has extensivelyspoken and published or a variety o associations and publicationson bankruptcy issues.

Ray joins the rm as an associate attorney concentrating his practicein bankruptcy litigation rom the law rm o Genovese, Joblove &Battista, P.A. He is a graduate o Florida State University and Nova

Southeastern Universitys Shepard Broad Law Center.

Two associates join Fort Lauderdale oce

Attorneys Natalie Guerraand Gilda Romano recently joined Arn-stein & Lehrs Fort Lauderdale oce as associates. Guerra is a member o the rms Litigation Group and will concentrate in municipallaw. She is a graduate o the University o Miami and University o

Florida Levin College o Law. Troughout her undergraduate careeand as a summer associate during law school Guerra worked or theUnited States Securities & Exchange Commission.

Romano is also a member o the rms Litigation Group and willconcentrate her practice in the area o complex commercial litiga-tion. She is a graduate o the University o Florida and the Uni-versity o Florida Levin College o Law. During law school shereceived her Family Law Certicate and was a Childrens Fellow.

Stephen Needham joins Chicago oce

AttorneyStephen Needham recently joined Arnstein & Lehr as anassociate in our Chicago oce. Needham is a member o the rmsReal Estate and Condominium & Community Association practicegroups. He is a graduate o Kent State University and Cleveland-Marshall College o Law.

h a am

Joel Hurwitz elected presidento Township High School District 113

Joel Hurwitz, a partner in the Chicago oce, was recently electedpresident o ownship High School District 113 Board or the2008-2009 term. Te ownship High School District 113 boardoversees Deereld High School and Highland Park High School,both located in the North Shore area o Chicago.

Jimmy Chatz celebrates 50 years o practice

Chicago PartnerJimmy Chatzwas eted at a reception in his honoron November 3 to celebrate his 50th year in the practice o law.Chatz is co-chair o the Bankruptcy, Creditors' Rights, and Restruc-turing Practice Group. He also practices in the areas o corporatelaw and business law, mergers and acquisitions, nancial planning,

and commercial litigation.

Robert McKenzie Ronald MenakerSteven MalitzGeorgia Logothetis Mark Miller Hal Morris


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He has been an active member o several organizations, serving onthe Commercial Law League o America (president 1984-85) andas a member o its board o governors. He is a ormer member othe Political Action Committee o the Illinois State Bar Association(ISBA) and is a current member o its Special Committee on Cer-tication. Since 1988, he has been a member o the ISBA General

Assembly and also served on the Commercial, Banking & Bank-ruptcy Law Section Counsel Committee. He served as chairman o

the Bankruptcy andReorganization Com-mittee o the ChicagoBar Association and

was a ounder andvice president o the

American BankruptcyInstitute.

Chatz has writtenextensively on bank-ruptcy, creditors' rightsand the Uniorm Com-mercial Code and also

served as a visiting lecturer in the J.L. Kellogg Graduate School oManagement at Northwestern University and as an adjunct proes-sor o Law at John Marshall Law School.

Je Shapiro nominated toCouncil on Litigation Management

Miami PartnerJef Shapiro was recently nominated or member-ship in the Council on Litigation Management by his client, Kevin

Quinley, senior vice president with Medmarc Insurance Group.Te Council is a nonpartisan alliance committed to urthering thehighest standards o litigation management. Selected attorneys andlaw rms are extended membership by invitation only, based onnominations rom CLM Fellows. Each member attorney must com-plete two hours o Council-developed CLE litigation managementtraining annually.

Samuel Levine elected to ISBA General Assembly

Chicago Partner Samuel Levine has been elected to the IllinoisState Bar Association General Assembly. Te assembly is the govern-

ing body o the ISBA. Levine has been appointed to the ISBA RealEstate Section Council, ISBA Commercial Banking and BankruptcySection Council, and ISBA Committee on Legislation.

John Ropiequet elected president

o North Shore United WayChicago PartnerJohn Ropiequethas been elected to the position opresident o United Way o the North Shore, which serves Chicago'snorthern suburbs rom Evanston to Lake Blu, or 2008-09.

Loretta O'Keee appointed to EthicsCommittee, Leadership Institute

ampa Partner Loretta O'Keefe was recently appointed to bothTe Florida Bar Proessional Ethics Committee and the Hillsbor-ough County Bar Association's (HCBA) Leadership Institute.

She will serve a three-year term on the Proessional Ethics Com-mittee. It is charged with answering ethics inquiries rom memberso Te Florida Bar and reviews inormal advisory opinions issuedby ethics department attorneys. Te committee publishes ormaladvisory opinions to guide members in interpreting and applyingthe ethics rules.

Te HCBA Leadership Institute was created to identiy and developyoung attorneys o diverse backgrounds who have the potential todevelop into uture HCBA and ampa community leaders. Teeight month program consists o seven learning modules and culmi-nates with the completion o a community service project chosen,

managed, and completed by Leadership participants.

Phil Hudson to chair BeaconCouncil Aviation Committee

Miami Partner Phil Hudson was recently nominated by the Miami-Dade Beacon Council to chair its Aviation Committee. Te boardo directors will ratiy nominations during their late SeptemberBoard meeting. Te Beacon Council is Miami-Dade Countysocial economic development association serving to acilitate busi-ness investment and promote Miami and Dade County as an ideallocation or businesses to operate.

Chicago Partner Jimmy Chatz and his wifeVera welcome guests celebrating his 50 yearsin the practice of law

Cnde HirschtickMunzer

Stephen Needham Steven Newburgh Loretta OKeee Joseph OurthMichelle Novick


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Toby Eveland appointed to ISBA diversity task

orce, board o Lesbian and Gay Bar Association

oby Eveland, an associate in the Chicago oce, was appointed toserve on the Illinois State Bar Association's ask Force on Diversity.Te ask Force was created to expand opportunities or minorityattorneys to join the ISBA and to become involved in leadership inthe legal community.

Additionally, Eveland was elected to the board o directors or theLesbian and Gay Bar Association o Chicago (LAGBAC). Troughits educational initiatives, LAGBAC seeks to increase the awarenesso the public, the legal proession, and the judicial system aboutlegal issues o particular concern to the gay and lesbian community.

Art Janura named chairman o NorthwestSuburban Bar Association committee

Chicago PartnerArthur Janurahas been named chairman o theLocal Government Committee o the Northwest Suburban Bar As-sociation.

Steven Malitz named one o 40

Illinois Attorneys Under 40 to Watch

Chicago Partner Steven Malitzwas recently recognized by LawBulletin Publishing Company as a 2008 recipient o their 40 Illinois

Attorneys Under 40 to Watch. Malitz was recognized by attorneys,judges, and opposing counsel outside o Arnstein & Lehr or hisskill and achievement. A ull-page prole on Malitz career appeared

in a supplement to the September edition o Chicago Lawyer andChicago Daily Law Bulletin.

Franklin Zemel appointed to American Arbitra-tion Associations national roster o arbitrators

Fort Lauderdale Partner Franklin Zemel was recently appointedto the American Arbitration Associations (AAA) national roster oarbitrators. Te AAA provides services to individuals and organiza-tions who wish to resolve conficts out o court. It is the nation'slargest ull-service alternative dispute resolution provider, address-ing disputes involving, but not limited to, employment, intellectualproperty, consumer, technology, health care, nancial services,construction, and international trade conficts.

i

Tampa oce hosts Leukemia Society

Light the Night reception, donates to charity

Te ampa oce o Arnstein & Lehr recently hosted a receptionor the Suncoast Chapter o the Leukemia & Lymphoma Society(LLS) to celebrate its Light the Night Walk. Light the Night is TeLeukemia & Lym-phoma Society'snationwide evening

walk. Te ocehosted clients andLeukemia Societyrepresentatives.

Te Walk was held

November 8 atGeorge M. Stein-brenner Field inampa. Participantsin the walk carried il-luminated balloons tocelebrate and commemorate lives touched by cancer. Funds raisedsupport their mission to cure leukemia, lymphoma, Hodgkin'sdisease and myeloma, and to improve the quality o lie o patientsand their amilies.

During the reception, guests listened to the inspiring story oSamantha Lee, the Suncoast Chapter Girl o the Year, who shared

her story on her battle with leukemia. Coordinating Partner Robinrupp then presented a $5,000 check to LLS representatives onbehal o the oce and rm.

Hudson welcomes Florida lieutenant governorto Miami economic development partnership

Miami Partner Phil Hudson provided introductory remarks orFlorida Lieutenant Governor Jerey Kottkamp who spoke on July25 at the Biltmore Hotel in Coral Gables. Kottkamp was invited tospeak to Te Beacon Council, Miami-Dade Countys ocial eco-nomic development partnership by Hudson and Arnstein & Lehr.

Te Beacon Council's mission is to "acilitate business investment

Tampa attorneys present the Suncoast Leukemia& Lymphoma Society with a $5,000 donation totheir Light the Night fundraiser.

John RopiequetGilda Romano Trace Salinski Daniel Schlade Je Shapiro Mark Spognardi


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Paul Starkman Jason Trembla Justin Weisberg

tion. Miller worked with Olympic ocials to deal with rules orissues that arose during the archery competitions. He also served asan ambassador to the 2016 Olympic games, in which Chicago is acandidate city

Steven Daniels attends Anti Deamation Leagueleadership conerence, honored or ADL work

West Palm Beach Partner Steven Daniels recently attended the AntiDeamation League's (ADL) 2008 Shana Amy Glass National Lead-ership Conerence in Washington, DC. ADL leaders rom acrossthe country attended a series o briengs rom legislators, civil rightsleaders, ambassadors and oreign policy experts. During the coner-ence, the ADL Florida Delegation discussed support or Israel,religious liberty, and comprehensive immigration reorm. Danielsserves on ADLs National Commission and the Florida ExecutiveCommittee and regional board. He is also the co-chairman o theFlorida International Aairs Committee.

In recognition o his signicant involvement in ADL, Daniels wasrecently recognized as the ADLs able Honoree at the Palm BeachChapter o the Association o Fundraising Proessionals NationalPhilanthropy Day luncheon.

Robin Trupp profled in Tampa Bay Business Journal

An article on the personal lie and legal career o ampa PartnerRobin rupp appeared in the October 17 issue o the ampa BayBusiness Journals Executive Prole. Te article, in question andanswer ormat, addressed his thoughts on business, law, and lie

growing up and living in ampa.

Arnstein & Lehr matches employee donations,

sends student to leadership conerence

Arnstein & Lehr recently assisted a student mentored by ChicagoAssociate Laura Lau Marinelli in raising unds to attend the up-coming Junior Presidential Youth Inaugural Conerence (JrPYIC) asa Presidential Youth Inaugural Conerence Scholar. Te rm agreedto match any donation made by our employees up to $1,600 in aneort to raise the $3,200 needed or the student to attend the Con-erence. Te rm exceeded the undraising goal, raising $3,306.

and promote South Florida as a business locale." Hudson serves asa member o its board o directors and is vice chair o Te BeaconCouncil's aviation committee. At his invitation, Lt. Governor Kott-kamp met privately with Te Beacon Council's board o directorsand then addressed the ull membership on current south Florida

economic development initiatives being undertaken by the state.

Arnstein & Lehr hosts Just theBeginning Foundation Event

On June 25 Arnstein & Lehr's Chicago oce participated in Justthe Beginning Foundation's Summer Legal Institute Program. Justthe Beginning Foundation (JBF) is a non-prot pipeline orga-nization supporting students o color and other underrepresentedgroups with ree educational and mentoring programs as they movetowards a legal career.

Te students took a tour o the oce, listened to a presentationexplaining the rm's business, and interacted with some o therm's attorneys. Bob Cichocki, a partner and the chair o the rmsDiversity Committee, lead the discussion that touched on the im-portance o teamwork and commitment to the success o a law rm.

Ray Werner appointed to ABACommission on Racial and Ethnic Diversity

Chicago Managing Partner Ray Werner recently completed histerm on the Board o Governors o the American Bar Associationand also as a member o its Audit Committee. ABA President om-my Wells appointed Werner to sit as a commissioner on its 2008-09

Commission on Racial and Ethnic Diversity in the Proession. TeCommissions stated goal is to promote the ull and equal participa-tion in the legal proession by minorities, women, and persons withdisabilities.

Mark Miller attends SummerOlympic games as FITA council member

Chicago Partner Mark Miller attended the 2008 Olympics inBeijing, China as a council member o the International ArcheryFederation (FIA). He currently serves as chairman o the Consti-tution o Rules Committee, an elected position within the edera-

David Sugar Howard Swibel Robin Trupp


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EHR LLP

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A R N S T E I N & L E H R L L P I S A M E M B E R O FT H E I N T E R N A T I O N A L L A W y E R S N E T W O R K

Tis newsletter provides inormation on current legal issues. Te inormation should notbe construed as legal advice or opinion in particular situations or applications. 2008

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questioning, selection o alternate jurors, types o questions, highlypublicized cases, jury instructions and, equal access to juror inor-mation.

Christina Lutz publishes article

or The Seventh Circuit Review

Chicago Associate Christina Lutzrecently published a scholarlyarticle analyzing the Seventh Circuit's recent decision in Arican

American Slave Descendents Litigation. Te Seventh Circuit Reviewis a publication o Chicago-Kent College o Law. Chicago PartnerHal Morris ounded this publication and remains the proessor re-sponsible or the publication o the Review and the Honors Seminarassociated with it. Lutz article and Te Seventh Circuit Review canbe ound at www.kentlaw.edu/7cr.

Bob Butters authors intellectual property chapter

Chicago Partner Bob Butters wrote a chapter or "Common Issuesin IP Law," published by Tomson Reuters/Aspatore. Butterschapter, Te Use o Copyright Law and Efective License Agreementsto Protect Web-Accessible Databasesreviews various cases, licensingagreements and condentiality issues. Te chapter is part o thecritically acclaimed Inside the Mindsseries, which provides readers oall levels with proven business intelligence rom C-Level executivesrom the world's most respected companies.

Paul Starkman co-authors article or Law Reporter

Chicago Partner Paul Starkman recently co-authored an articleentitled Reueling Assistance or Drivers with Disabilities that

was published in the July/August issue oMental and Physical Dis-

ability Law Reporter. It covered ADA/legal aspects o gas stationresponsibilities to drivers with disabilities seeking assistance to reueltheir gas tanks. Te article asserts that or those with manual andmobility-related disabilities, there is much more we can and shouldexpect rom gas station owner/operators.

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Documents

Arnstein & Lehr Fall 2008 Update