In The Headlines

Labor, Employment and Benefits Partner Kenneth Jenero was quoted in an October 23 Chicago Tribune article titled, "Turf battle over rooftops."

The article discusses intensifying competition between roofers and commercial landscapers to land green-roof installation projects on public and commercial buildings in the Chicago area. A recent dispute regarding a green-roof project at Roosevelt Collection, a South Loop loft and retail development, pitted the United Union of Roofers, Waterproofers and Allied Workers against Moore Landscapes, Inc. Shortly after Moore Landscapes began work on the project, the roofers union filed an objection with the Chicago & Cook County Building & Construction Trades Council, arguing that the work belonged to a roofing company on the grounds that roofers have experience with all types of systems, including green roofs, whereas a landscaper is just taught how to maintain vegetation and plants. In its September 30 decision, the National Labor Relations Board found the roofers union did not support its claims that its members have more experience installing vegetative roofs than landscapers. Mr. Jenero, who represents Moore Landscapes noted that the decision bodes well for landscape businesses that are involved in labor disputes with the roofers union. "If the NLRB had come down in favor of roofers, Moore would have been forced to lay people off…It would have made no sense," he said. To read the full article, please click on the link below.

READ: Turf battle over rooftops

Litigation Partner Daniel Small wrote an October 23 Opinion article for the Boston Herald titled, "Only his talk terrifying."

In the article, Mr. Small, a former federal prosecutor who focuses his practice on witness preparation, analyzes current judicial realities illuminated by Tarek Mehanna's arrest. Mr. Mehanna, a 27-year-old pharmacist, is currently facing charges related to years of alleged terrorist plotting, despite a lack of any real action. Mr. Small writes, "We are traveling in troubling and uncharted waters. We fight terrorism to uphold our system, but a fundamental part of that system is freedom of speech. The war on terror, like any war, continues to force hard decisions." To read the full article, please click on the link below.

READ: Only his talk terrifying

Public Policy attorney Clay Henderson was quoted in the OrlandoSentinel.com article, “Volusia approves massive ‘city in the woods’ project,” published October 15, 2009.

The article announces the Volusia County Council approval of Miami Corporation’s plan to open up development on its massive 94 square miles of land in Volusia and Brevard counties, a property covering nearly the same area as Orlando and containing vital wildlife habitat. The approved proposal would preserve more than 40,000 acres, explains Clay Henderson, attorney for the Miami company. If the land is bought as part of a conservation land deal, it would be the biggest such deal in Florida history, eventually having more homes that Ocala has now.

READ: Volusia approves massive ‘city in the woods’ project

Miami M&A Partner Bruce Jay Colan was quoted in The Bond Buyer article, "LaHood Warns Florida to Get on the Right Track for Federal Rail Funds," on October 8, 2009.

The article examines the issues Florida faces in creating a high-speed rail system that would connect Tampa, Orlando and Miami. On October 5, Transportation Secretary Ray LaHood advised Floridians that the state would have to gather significant public and official support, as well as state funding, in order to compete for a piece of the $50 billion that the federal government has allocated for high-speed rail corridor programs.

Mr. Colan, who is currently the chairman of the Greater Miami Chamber of Commerce, discusses some of obstacles the state faces in funding the project and warns, "If we don't get together we will lose Tri-Rail and we will lose high-speed rail.

Miami Litigation Partner Marilyn Holifield was one of six South Florida business women profiled in the Miami Herald article, "Local Women Business Leaders Strive to Lead Way to Recovery," published on October 5, 2009.
 
The article examines some of the challenges and successes local women business leaders have experienced in light of the International Women's Forum, a global exchange bringing together women leaders from 50 nations this week in Miami. To read the full article, please click on the below link.

READ: Local Women Business Leaders Strive to Lead Way to Recovery

Labor and Employment Practice Group Partner Michael Starr was quoted in the September 3 ABA Journal article titled, "Judge Rules In-House Chief Patent Counsel Is Protected by Age Bias Law."

The article discusses the Aug. 27 case of Robert Raymond, chief patent counsel and vice president for intellectual property at Boehringer Ingelheim Pharmaceuticals. U.S. District Judge Vanessa Bryant of Connecticut ruled that Raymond's forced retirement violated the law barring age discrimination because he did not qualify as an executive who is exempted from protection. To read the full article, please click the link below.

READ: Judge Rules In-House Chief Patent Counsel Is Protected by Age Bias Law

Holland & Knight Partners Kara MacCullough and Esther Moreno are featured in the Daily Business Review's Dealmakers column for their role in helping SBA Communications of Boca Raton and its subsidiary SBA Telecommunications raise $1.25 million in two note offerings.

The article discusses the details of the deals and the challenges faced by MacCullough and Moreno as a result of the market's volatility.

READ: H&K attorneys lead drive to raise $1.25 billion for Boca company

Real Estate Retail Partner Christopher Brockman was quoted in a SeminoleVoice.com article, "Panel talks about real estate woes, hope," on the July 31, 2009 edition.

The article reviews Mr. Brockman's recent panel session titled, "Central Florida: Where It Is, Where It Is Headed," hosted by the International Council of Shopping Centers Orlando Local Program Committee. The panelists generally agreed that Central Florida is faring relatively well in the real estate sector, evidenced by the prospective opening of new projects and the creation of over 1,000 jobs by the Economic Development Commission. Mr. Brockman illustrated the coming of the "death of the mall," opting for more creative uses for empty spaces such as featuring retail shops and restaurants on the exterior of the building and a residential condominium on its interior. He also discussed the importance of strengthening the bond between tenants and landlords, explaining that keeping and building relationships with clients is easier and more cost-saving than finding new ones. To read the full article, please click the link below.

READ: Panel talks about real estate woes, hope

Community Services Team attorney Christopher Nugent was featured in a Law.com article titled, "Study Slams Feds for Conditions at Immigration Detention Centers" on July 30, 2009.

The article discusses a recently released report called, "A Broken System," a collaboration between Holland & Knight, the National Immigration Law Center, and the ACLU of Southern California. The report analyzed the U.S. government's immigrant detention standards and roles adopted in 2000 and concluded that the administration had failed to meet them. According to the brief, the government has not complied with their self-made guidelines ranging from visitation rights and telephone access to detainee transfers and attorneys. The documents analyzed were obtained through a court-ordered discovery in Orantes-Hernandez v. Holder, a case in which Holland & Knight handled. "It's been a labor of love for several years," Mr. Nugent said. "We had a team of over 20 attorneys and paralegals who donated 21,000 hours to go through 18,000 pages of reports to identify deficiencies in the facilities. It was a pro bono project that morphed from litigation into an advocacy project." To read the full article, please click the link below.

READ: Study Slams Feds for Conditions at Immigration Detention Centers

M&A Practice Group Partner Bruce Colan was featured in the article, "Some optimistic about end to U.S. ban on trade with Cuba," in the July 27, 2009 edition of Florida Shipper Digital Magazine.

The article discusses the Trade Sanctions Reform and Export Enhancement Act of 2000, statutes that allow the U.S. to export food products and agricultural commodities to Cuba. Despite the small volume of trade compared to other countries in the region, some say this may be a sign of a potential thawing of the freeze in the trading relationship. Mr. Colan, the founding chairman of the Greater Miami Chamber of Commerce's Cuba Committee, foresees the possibility of the trade embargo being lifted without Cuba's government reform. "It would be better for business if Cuba were a democracy," he said, stating that the risk of them engaging in export practices that violate global trade rules and other legal issues can be frustrating to U.S. investors.

Environment Practice Group Partner Dianne Phillips was quoted in the July 2009 edition of the Environmental Compliance Bulletin article titled, "New Stormwater Controls Create Fourth Class of Dischargers."

The article discusses the creation of a fourth category of discharges under the stormwater program known as the National Pollutant Discharge Elimination System. Until now, discharges from construction sites, industrial operations, and municipal sewer systems were the only three regulated programs. Ms. Phillips states that stormwater is considered a pollutant that the EPA Region 1 is currently focusing on. "They have taken care of combined sewer overflows and traditional point sources," she said, which leaves stormwater as the next big issue to address. To read the full article, please click the link below.

READ: New Stormwater Controls Create Fourth Class of Dischargers

Governor Bob Martinez, a member of the Public Companies & Securities Practice Group, was profiled in a Florida Trend article, "Icon: Bob Martinez," published on July 1, 2009.

This article gives a timeline of the former Florida governor's life from his point of view. He nostalgically talks about the frequent fishing trips with his father, the risks he took to buy his uncle's restaurant and his decision to pursue a master's degree. "By nature, I've been a risk-taker," he said. "I just kind of rolled the dice. Had I not done that, I don't think the rest would have happened." Additionally, the article covers his political career from city mayor to governor.

To read the full article, please click here.

Corporate Services Practice Group Partner Thomas Skallas was featured in The Greek Star article, "Attorney Continually Gives Back to Community" published on June 25, 2009.

The article illustrates his Greek heritage and his father, who single-handedly raised him and his two brothers. His passion and talent with numbers led him into a career in business law, a profession which he still enjoys today. "Every day I am presented with new problems and challenges and it's my job to help solve them… I especially enjoy helping my clients grow and reach their potential..." The article also states that he joined Holland & Knight because he was attracted to its dedication to philanthropy, a legacy created by the late managing partner, Chesterfield Smith. Today he is involved with various volunteer service projects, particularly relating to the Greek community.

To read the full article, please click here.

Bankruptcy and Creditors' Rights Practice Group Leader John Monaghan was quoted in the LeveragedFinanceNews.com article, "Distressed Debt Dry Powder Yet to Ignite" published on June 11, 2009.

The article cites Mr. Monaghan's speaking panel at the 19th Annual High Yield Bond Conference on June 10. "There's a lot of dry powder, and no one to shoot at," he said, explaining the slow execution of investors despite the high amount of interest in distressed debt. He also said that there is a lack of distressed debt investors because they fear more defaults and bankruptcy spikes in the near future.

To read the full article, please click here.

Education Practice Group attorney Jonathan Furr was quoted in the Illinois Issues article titled, "Data mining," published in June 2009.

The article reveals that the State of Illinois will launch a data program to track the progress of students from preschool through college and, ultimately, to a career. The program is meant to identify the quality and gaps in teaching methods, and the preparation of students for life after high school. Mr. Furr, who drafted the legislation for this system, SB 1828, assures that it will not be used to evaluate individual students, but rather classes as a whole. He stated, "You have to have more than just a handful of students to make any kind of valid determination of what an effective program is."

To view the full article, please click here.

M&A Partner Bruce Jay Colan was profiled in the June edition of Miami Monthly Magazine titled, "Bruce Jay Colan takes over chairmanship of the Greater Miami Chamber of Commerce."

The article described him as a "longtime contributor to community causes in the Miami area." In addition to his work as the chairman of the Greater Miami Chamber of Commerce, Mr. Colan is active in the Miami community. He serves as general counsel and executive committee member to the South Florida Super Bowl Host Committee and participates with the New Work Symphony of Miami Beach.

"My philosophy is if I'm going to be involved, I want to be in leadership," commented Mr. Colan. He has certainly lived by that philosophy within the Chamber. As chairman, he has goals for the organization to work together as a team to accomplish as much as possible. "I am huge believer in teamwork and what we're going to do at the chamber is going to get done as a team."

The full article appears in the June 2009 edition of Miami Monthly Magazine.

Community Services Team attorney Christopher Nugent was featured in the Washington Blade article titled, "U.S. grants asylum to gay Cuban" published on June 1, 2009. The article chronicles Raul Hernandez's decade-long journey to be granted asylum in the United States. Because Mr. Hernandez is HIV positive, the case was stalled due to difficulties related to a ban prohibiting HIV-positive visitors and immigrants from entering the country. On May 26, with Mr. Nugent as his pro bono legal representation, Mr. Hernandez was granted asylum. "We're just elated and relieved that justice was finally done in this case," said Mr. Nugent.

To view the full article, please click here.

Litigation Partner Daniel Bean was featured in an article titled "Determination, fate contribute to incoming JBA president's success" in the May 25, 2009 edition of The Daily Record.

Mr. Bean, who will be sworn in as the Jacksonville Bar Association (JBA) president on June 18, attributes his successful career to his willpower, enthusiasm and a little bit of luck. George Gabel, Litigation Deputy Section Leader of Holland & Knight, complimented Mr. Bean's strong work ethic and good personality: "Every office needs a Dan Bean," he said. Litigation Practice Group Leader Larry Hamilton was also quoted in the article.

Mr. Bean's military background in the Navy, where he continues to serve as a commanding officer in the Naval Reserve Affairs and Operations, was also highlighted in the article.

To view the full article, please click here.

Labor, Employment and Benefits Practice Group Michael Starr was featured in the May 8, 2009 edition of Law360.com in an article titled, "Holland & Knight Snags Hogan & Hartson Labor Guru."

The article profiles Mr. Starr's successful background in representing management in litigation, arbitration and collective bargaining, as well as his extensive experience representing clients before state and federal courts in restrictive bonds in employment, breach of contract, and other major areas of employment litigation. The article continues to discuss Mr. Starr's illustrious practice which includes obtaining sanctions for the defense of employers in class actions, alleged employment discriminations, and wage-law violations.

In addition to his recent service as a pro bono panelist of the U.S. Court of Appeals for the Second Circuit, the U.S. District Court for the Eastern District of New York had appointed Mr. Starr as the mediator in employment and civil rights cases for over a decade. Mr. Starr's wealth of knowledge and talent complements the overall strength and goals of the labor and employment division of Holland & Knight. "I'm terrifically impressed with the depth of Holland & Knight's national labor and employment practice and its interdisciplinary and industry based approach to client service," he said. Mr. Starr also mentioned how well-positioned the firm is to assist clients with new developments in labor law.

To view the full article, please click here.

Securities Litigation Practice Group Partner Mitchell Herr was quoted in the April 28, 2009 edition of Reuters in an article titled, "Psychology weds finance in Ponzi scheme frauds."

The article investigates the psychological role that may have perpetuated fraudulent financiers such as Bernard Madoff and Allen Stanford. The Ponzi scheme, named after con-man Charles Ponzi from the 1900s, is a system in which investors are lured in by promises of attractively high returns while in reality it is being paid by later investors. Although large, guaranteed financial gains in a short time period are appealing, common sense should come into play. "The market place is pretty efficient. If they're telling you you'll be getting oddly high returns and that it's guaranteed, there's something wrong," said Mr. Herr. Other questionable acts such as incomprehensible investment strategies and lack of clear financial oversight are signs to be wary of.

To read the full article, please click here.

International and Cross Border Transaction Practice Group attorney Violeta Longino was quoted in the August 2008 edition of Latin Lawyer Magazine. The article, "Global Positioning," addressed the expanding utility of Latin American lawyers all over the world. Globalization and investors' growing fascination of the Latin American region has created new opportunities for lawyers of its lineage, particularly in the U.S.

But in the years to come, people are preparing and looking beyond the U.S. law firm to continue their practice. "I welcome the opportunity to work in Latin America, but also in Canada, Europe and Asia," said Longino. "Law is evolving every day and borders are disappearing."

International and Cross Border Transactions Practice Group Partner Emma Solaun was quoted in Latin Lawyer Online on January 16, 2009 in a piece titled, "Scandinavian Tobacco takes factories in Central America." This article discusses Holland & Knight's representation of cigar factory families whose companies have been acquired by subsidiaries of the larger, Scandinavian Tobacco Group.

Solaun describes the challenges that she and her team successfully conquered: "This transaction was particularly challenging given the short timeframe and multiple jurisdictions involved, which included Latin America, the United States and Europe." She added in that timing and procedures that coincided with the holidays made the issues even more taxing to resolve.

Holland & Knight Team members Jeffrey Rubinger, Violeta Longino, and Liliana Vidal were also mentioned in this article.

Litigation Partner Marilyn Holifield was profiled in the April 8-14 edition of The Miami Times' Womens History Profile titled, "Marilyn Holifield: Breaking barriers in the field of law."

The article chronicles Holifield's struggles of growing up in a segregated America to being recruited to Holland & Knight by the late Chesterfield Smith and making history as the first Black woman to be a partner with a major Florida law firm. Holifield accredits her success to her role models – her parents. She regrets that they were not alive to see President Obama's inauguration, but was fortunate to meet Michelle Obama (click to see the picture below) at a fundraiser in 2008 during his campaign. "I have been extremely fortunate," she humbly said. "I am grateful for the opportunities that I have had in my life. I enjoy my life and what I do."

To view the picture and read the full article, please click on the link below.

READ: Marilyn Holifield: Breaking barriers in the field of law

Litigation Partner Jennifer Mansfield was quoted in "Supreme Court debates complex litigation rules" in the Florida Bar News. The article discusses the arguments made to the Supreme Court by the Task Force on the Management of Cases Involving Complex Litigation regarding rules changes to govern complex cases.

The proposals were unanimously opposed by the Bar's Rules of Civil Procedure Committees. Mansfield, who is chair of the subcommittee stated, "It creates a two-part system where one part allows practitioners to run cases; the other part demands judges run it. You wind up having two systems that simultaneously and potentially [are] in conflict with each other." She added that there was no evidence of a problem to solve in the proposal, saying, "we cannot be assured that this rule actually addresses those problems."

To read the full article, please click the below link.

READ: Supreme Court debates complex litigation rules  

The firm's Public Policy & Regulation practice group was featured in The Washington Post's article, "In a Down Time Everywhere Else, K Street Bustles" on March 30, 2009. Practice Group Leader Rich Gold was also quoted in the piece.

The team was recognized for its thriving clientele in addition to staff despite the economic climate. Since Election Day, over a dozen new lobbyists were hired to meet the growing client demand, bringing the group to a strong total of 70 members. "On the policy side... we're picking up a couple clients a week at this point," stated Gold. The practice group is now handling about 240 clients, including 50 new clients registered since January.

READ: In a Down Time Everywhere Else, K Street Bustles

Global Hospitality, Resort and Timeshare Team partner Bob Chasnow was quoted in "Buyers look to 40-year-old federal law to revoke contracts" in the on-line edition of New York's The Real Deal on March 16, 2009. The Real Deal covers New York City's real estate industry and its readership is primarily comprised of real estate professionals and lawyers.

The article discusses hundreds of condo buyers in the New York City area who are anticipating court decisions and settlements in an effort to be refunded all or a part of their initial down payments on condo purchases over the past few years. The article discusses how the Interstate Land Sales Full Disclosure Act (ILSA), a federal law designed to protect purchasers in the purchase of certain types of real estate, has received increased attention from buyers and their attorneys looking to revoke their contracts to purchase condominium units in projects in New York City. Bob attributes recent use of ILSA in New York cases to the fact that New York's condo market remained stronger longer than in some other markets and thus only recently have purchasers sought to exit their purchase agreements, saying ". . . the difficulties in the marketplace have caused purchasers to look wherever they can for relief...And that looking wherever they can has led them to where many others outside New York have found it."

The article goes on to attribute to Bob the idea that ILSA will not be a panacea to purchasers because there are many statutory and other "exceptions to the rule" requiring registration which may prevent buyers from severing their contracts.

READ: Buyers look to 40-year-old federal law to revoke contracts

M&A Practice Group Partners Larry Zanger and Tom Skallas were quoted in "Using the Web to network" in the on-line edition of Chicago Lawyer magazine on March 6, 2009. The article discusses the use of the internet for networking purposes.

The editorial discusses the increasing presence of social networking websites, such as Facebook and LinkedIn, in professional relationships with clients. This is especially prevalent with younger attorneys who have grown accustomed to digital communication compared to older lawyers. Mr. Skallas explains the necessity in utilizing the new medium: "I think you have a whole generation of people growing up on this stuff. If you intend to reach out to them, then you need to do it on their terms." He also noted that it helped him display his dedication to his clients. "I communicate all day long and sometimes all night long with my clients. Staying connected with them is sort of critical."

Despite the benefits of electronic communication, Mr. Zanger suggested that it would be in the interest of law firms and companies to create a digital marketing policy and regulation for its employees. "There are a number of people that I'm sure don't have the sophistication to understand what the heck they are doing," he said. He cautioned that unintentional sharing or uploading of information could result in confidence breeches and trademark infringements. "If they are not involved in the industry or not involved in electronic discovery, record-keeping kinds of issues, it can be a problem."

To view the full article, please click here.

Rob Lang, a litigation attorney in Holland & Knight's Chicago office, was quoted in two articles in the Post-Tribune newspaper on a case involving administrators, board members and shareholders of Pinnacle Healthcare, the physician-owned parent company of Pinnacle Hospital in Merrillville, Indiana. Lang successfully defended one of the founders, former board member and majority shareholder in the hospital board's efforts to oust him, with the judge ruling that the hospital board failed to give proper notice that they intended to dissociate him from holding membership in Pinnacle.

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M&A Practice Group Co-Leader and Partner Bill Mutryn was interviewed in Washington Technology's February 2009 edition of "M&A Special Report."

The article discusses the unwavering activity in the mergers and acquisitions in the federal sector to continue through 2009 despite the bad economy.  "The primes, the large defense primes and the tier ones - they have cash," Mutryn noted.  "They don't have financing problems.  They're seeing valuations that are favorable to them.  So I think they will continue to be active purchasers." He also pointed out that larger companies are becoming interested in smaller companies to compliment their current services.  "That's a new kind of trend," he continued. "So if you have a very good small company, there is going to be a high demand for it."

Mutryn also optimistically concludes that despite the economic turmoil, the government still pays its bills with a predictable budget for the next couple years.  "So the demand for government contractors is still high."

Please click here to view the full article.

Class Action Litigation Partner Charles Wachter was quoted in "Minority-owned Tama Broadcasting seeks damages from station managers" in the Tampa Bay Business Journal. The article discusses the case of a former chief executive of several Tampa-based radio stations such as Tama Broadcasting who filed a class action lawsuit against the stations' current managers for running predatory lending practices. He is also seeking $250 million in damages and for the loss of his business.

In a twist, the lead attorney on the executive's case is listed as a plaintiff as well as an equity holder in Tama Broadcasting. A district court judge has yet to determine whether this case can become a class action. Wachter was approached for advice in this matter, where he stated, "in a class action suit, the plaintiff owes a duty of undivided loyalty to potential class members, and if the lawyer is also a plaintiff, there could be a risk of a conflict of interest."
 
READ: Minority-owned Tama Broadcasting seeks damages from station managers

NY Attorney Sean Sheely was interviewed extensively in regards to the newly formed Holland & Knight Madoff Advisory Group for an article which appeared on LawDragon.com on January 13, 2009.  Please click on the link below to view this article.

READ:  Lawyer Limelight: Sean Sheely

International & Cross Border Transactions attorney Summer LePree served as a panelist at the American Bar Association Section of Taxation meeting. The panel discussed sections 877A and 2801 of the Heroes Earnings Assistance and Relief Tax Act of 2008 (P.L. 110-245). Tax Analysts published a summary of the meeting and cited Ms. LePree's presentation on the new mark-to-market rules and noted issues related to section 877A, which replaced the former 10-year alternative tax regime on U.S.-source income of covered expatriates with a mark-to-market tax on gains in excess of $600,000 from a deemed sale of an individual's worldwide assets on the day before the individual's expatriation date.

To read the full article from Tax Analysts, please click here.

Christopher Nugent and the Community Services Team were featured in an article titled, "Pending peace, refuge for Iraqis" in the January 5, 2009 online edition of The National Law Journal.

The piece discusses the team's involvement with The List Project in 2007, helping Iraqis in danger seek refuge in the United States. The article illustrates the 75 dedicated attorneys and paralegals managing more than 180 cases involving over 600 individuals. "It's kind of a 24-7 operation," said Mr. Nugent. "Because the e-mails don't stop at midnight – that's when they [in Iraq] are getting up."

To view the full article, please click here.