ParadigmFALL 2010

The New Primerus: Built on Integrity. Driven by Innovation.

Moving into an exciting future for Primerus

2010 Membership Directory

FALL 2010 1 President’s Podium John C. Buchanan Moving into an exciting future for Primerus

Throughout its history, Primerus has Business/Corporate/International and brand, develop a new logo and redesign marked many important milestones that Plaintiff/Consumer – we were laying the our website. have played a critical role in forming the framework for what has now evolved into All of these efforts will come together thriving organization we all enjoy today. our four main institutes – the Primerus to make 2011 another milestone year in In 1994, we held our first annual Business Law Institute, the Primerus our history. I’m eager for this year’s annual conference. In 2003, Primerus created Consumer Law Institute, the Primerus conference, where I plan to unveil the three practice groups designed for Defense Institute and the Primerus exciting new Primerus to all of you during business firms, plaintiff and consumer International Business Law Institute. the keynote presentation. I hope you’re

As I look back on each of those milestones, and many others, I see the ways each prepared us for the success Primerus is now experiencing – and for the hopes and dreams I have for the Primerus of the future. firms and insurance defense firms. Also in This allows us to further build Primerus planning to join me at this world class 2004, we organized our current licensing around institutes of learning, which provide resort during the wine harvesting season and charter structure. In 2005, the wonderful opportunities to educate both our in order to catch the vision of Primerus’ Primerus Defense Institute (PDI) held its lawyers and our clients, and to build strong future. Yo u also can read more about first Convocation, and in 2008, the PDI’s relationships among them. our plans for the future of Primerus in transportation specialty group held its first And what was once our sole specialty this issue of The Primerus Paradigm, client event. group, the PDI’s transportation group, is beginning on page 4. As I look back on each of those now one of 14 practice groups affiliated Thanks to all of us working together, milestones, and many others, I see the with the four institutes. These practice following the Six Pillars and believing ways each prepared us for the success groups will form the foundation for in the vision, Primerus has become Primerus is now experiencing – and Primerus moving forward – allowing us much more than a network, or even an for the hopes and dreams I have for the to ensure every Primerus lawyer is highly alliance, of law firms. We are a world Primerus of the future. At that first annual qualified in practicing specific areas of the class organization that represents a conference in 1994, we filled a small law, and ultimately allowing us to better unique, and very appealing, concept in boardroom in Scottsdale, Arizona. Many meet our clients’ needs. the delivery of legal services. As we move of the people in that room are still actively In 2009 and so far in 2010, Primerus ahead, it’s going to take every one of us for involved in Primerus. This year, the has grown exponentially. This year has Primerus to continue its journey to global Primerus Annual Conference will fill an marked our increased global expansion, prominence. Please join me in what I’m entire resort – The Villagio Inn & Spa in with Primerus adding six new European sure will be an exciting journey filled with California’s Napa Valley. firms, as well as a firm from Puerto Rico, many more milestones. When we formed three practice groups with more to come. We have taken this in 2004 – the Primerus Defense Institute, time of explosive growth as the perfect opportunity to revisit and revamp our

2 THE PRIMERUS PARADIGM The Primerus Paradigm – Fall 2010

The New Primerus: Built on Integrity. Driven by Innovation. Page 4

Every lawyer in Primerus shares a commitment to a set of common values Primerus Member Spotlight – Robin Lewis known as the Six Pillars:

Page 26 Integrity Excellent Work Product Reasonable Fees Primerus Community Service Feature – Joseph Milton Continuing Legal Education Page 28 Civility Community Service

Client Focus: A Conversation with In-House Counsel For a full description of these values, please visit www.primerus.com. about Working with Outside Counsel Ruth E. Martin, page 8

A House Divided: Walking the Fine Line between About our cover Promotion and Production Lindy Bishop is an artist and the owner of Seed David L. Applegate, page 10 Studio Gallery in Elk Rapids, Michigan. Bishop ADA Amendments Act of 2008 Brings Renewed Focus moved from Chicago to on the Interactive Process return to her hometown of Elk Rapids in 2009 and Morgan A. Godfrey, page 12 opened the gallery, which focuses on the agricul- ture so prevalent in the Northern Michigan area. You Don’t Have to “Eat” Attorney Fees To celebrate Primerus’ international growth and promising future, she tapped into inspiration Steve Kailas, page 14 through nature to paint the cover image, show- ing a butterfly spreading its wings into the four corners of the globe. The butterfly represents the Cash Flow Management for Solo and Small Firm Attorneys re-emergence, or rebirth, of something new. Bishop said the years since her return to her Mitchell S. Milby, page 16 Michigan roots has been a time of great personal growth, as an artist, a mother of three and a busi- ness owner. The concept for the gallery, and thus Change: Driving Law Firm Growth in a Changed Industry its name, came from not only the idea of planting a seed in beginning a new business and chapter Marc Romano, page 18 of her life, but also her love of agriculture and her desire to support local farms and products. For more information about the gallery, visit Lessons Learned on My Journey to Primerus seedstudiogallery.com. June Lin, page 20

The Litigation Boutique: Managing Complex Litigation Henry Sneath, page 23

Publisher & Editor in Chief: John C. Buchanan Executive Editor: Ruth Martin Primerus Membership Directory, page 28 Managing Editor: Chad Sluss © 2010 International Society of Primerus Law Firms

FALL 2010 3 The New Primerus: Built on Integrity. Driven by Innovation.

Yo u don’t have to be in the presence one new Puerto Rican firm, and more Moving forward with integrity of Primerus President John C. “Jack” firms around the world joining soon and innovation Buchanan for long to catch his excitement • the organization of a new institute- about the future of Primerus. based structure including several new The foundation for Primerus’ direction And it’s easy to see why. practice groups moving forward lies in its new brand Following the trend of 2009, • and a new logo, branding strategy and strategy – “Built on Integrity. Driven by which was Primerus’ most successful redesigned website. Innovation.” Primerus worked with Marc year of growth ever, 2010 has already Romano of Ignyte, a Rochester, N.Y.- brought tremendous growth, and the “During the rest of 2010 and the year of based firm specializing in branding for coming months hold many exciting new 2011, we will see efforts on many fronts the legal services industry. (To read an developments: coming together as we continue to build article about law firm branding written by • the continued global expansion of Primerus into one of the most respected Romano, see page 18.) Primerus with six new European firms, legal industry brands in the world,” The values of integrity and innovation Buchanan said. are a perfect fit for Primerus – both in

4 THE PRIMERUS PARADIGM its past and its future, Buchanan said. develop market-leading practices that will of those firms have either been submitted “Integrity is the rock upon which we built meet the most important needs of our key or are expected shortly, according to Scott Primerus from the beginning,” he said. constituencies.” Roland, Primerus Senior Vice President of “Innovation is to reinvent the practice Buchanan points to Primerus’ Membership Development. of law in a very positive way and to innovation in several arenas. First, Primerus’ international expansion continually create new solutions for our in a world in which the legal services has exceeded expectations. “It’s been clients around the world.” industry has become very commodity- a revelation,” Roland said. In 2011, In his brand strategy document driven, Primerus represents an innovative Primerus will not only continue its prepared for Primerus, Romano writes: approach – one in which the attorney acts European expansion but will also focus on “‘Built on Integrity’ grounds the brand as a strategic partner, trusted advisor and China and the Asia Pacific region. in the strong culture of the company, good friend, helping the client to meet One of Primerus’ new member firms remembers its reason for being and his or her overall business objective(s), is Vatier & Associés, a 29-lawyer firm reestablishes its commitment to the single Buchanan said. located in Paris, France, offering a broad most important quality that must embody Second, the Primerus structure range of legal services to French and a law firm and its practice. ‘Driven by creates a new concept in the delivery of international clients. Innovation’ brings the brand to the high quality legal services – the law firm According to Ann V. Creelman, a present and creates a platform for the of the 21st century, he said. Primerus partner in the firm, “Vatier & Associés future that is timeless. It speaks to the brings together independent law firms is a medium-sized independent French ability to develop new, more productive, from around the world, creating, in effect, firm, and although we feel it is important more efficient and more effective ways of one of the world’s largest law firms with to have an international presence, as a practicing law. It makes a commitment about 2,500 attorneys. But unlike large matter of firm culture we wish to maintain in the form of an industry leader, to law firms, Primerus isn’t managed with that size and independence. Primerus continually reexamine the market and a top-down hierarchy and large financial provides us with an opportunity to be part structure, but rather by individual firms of an international network of firms with at the grass roots level. And that allows similar standards of competence, client Primerus firms around the world to work care and independence.” together providing clients high quality Creelman also said she is impressed legal services at reasonable fees, wherever by the Primerus selection process. “In their legal needs may be. the past we have participated in networks Third, the formation of Primerus in where the quality of the firms involved 1992 represented innovation in its truest was mixed. A chain is only as strong as form as law firms came together with its weakest link, and the participation of the goal of reforming the practice of law lesser firms weakens the organization as a through the common values of integrity, whole,” she said. “We are also impressed trust and quality. by the strong Primerus organization and With its new brand strategy in place, expertise in making this type of network Primerus set out to update its logo and work for its members. Adaptation of that website. Those attending the 2010 expertise to Europe will be Primerus’ next Primerus Annual Conference in Napa challenge, and I hope to be able to be of Valley, California, October 14-16 will assistance as part of the solution.” see the new logo and website unveiled Creelman said her firm’s membership for the first time during Buchanan’s in Primerus will help them to better meet keynote address. the needs of their clients. “Our clients live and work in a global market, and Achieving global prominence more and more they require assistance In May 2010, Primerus hosted 19 firms in jurisdictions worldwide. A worldwide from Europe, India and Nigeria at a network of selected law firms, subscribing meeting in Paris, France. Six of those to the same ethical and professional firms have since joined Primerus, as well standards as ours, is a big plus for our as an additional firm from Puerto Rico. In clients. When we introduce a law firm to July 2010, Primerus returned to Europe one of our clients, we need to know that for a meeting in Zurich, Switzerland, this we can rely on that firm to perform as we time hosting 17 firms predominantly from ourselves would.” Eastern Europe. Applications from several

FALL 2010 5 Our clients live and work in a global market, and more and more they require assistance in jurisdictions worldwide. A worldwide network of selected law firms, subscribing to the same ethical and professional standards as ours, is a big plus for our clients.

Buchanan said the Primerus model is Building institutes and defending lawsuits. The members of based on the assumption that any client practice groups the PDI were positioned as an excellent can contact any Primerus firm anywhere alternative to hiring a big law firm. in the world and know without doubt that In 2004, Primerus introduced the Since the formation of these original they will receive a high quality product for concept of practice groups as a way to practice groups, each has continued to a reasonable fee. “You can depend on it,” organize the membership around business specialize to further meet the needs of he said. “Any Primerus law firm is now development – to focus members’ skills, clients. This process began with the PDI’s networked with all kinds of specialists in efforts and other resources on a particular transportation group, which organized cities around the world and can bring that group of clients, to enhance the size and to focus on assisting the transportation expertise to meet clients’ needs. We can quality of the client base, and to improve and trucking industry in the defense of provide the same services of any of the client service. Each of the three original wrongful death, personal injury, property world’s largest law firms.” practice groups – Business/Corporate/ damage and cargo claims. This group Primerus goes a step further to ensure International, Plaintiff/Consumer, and has the ability to assist with accident that a client is placed in the best possible Defense Litigation – thrived under investigations on an immediate basis hands, Buchanan said. “Primerus this model. In time, the members of across the United States. Since inception members and staff work together to the defense litigation group rallied of the transportation group, 14 other help clients find just the right lawyer to around the formation of the Primerus groups have also formed. meet their needs through our internal Defense Institute (PDI), a collaborative Because of this growth, Primerus has resources,” he said. “You can talk to any effort engaging members and corporate evolved into a new model, with four main Primerus lawyer and if they do not have clients. In 2005, the PDI held its first institutes – the Primerus Business Law the expertise you need, they will find convocation, an event where Primerus Institute, the Primerus Consumer Law someone who does.” lawyers and clients met to explore, Institute, the Primerus Defense Institute discuss and share best practices for and the Primerus International Business reducing risk, handling claims and

6 THE PRIMERUS PARADIGM Law Institute. Each institute includes Developing new licensing the broad spectrum to what it is that each several practice groups, with some requirements attorney really does.” practice groups including members from This will allow Primerus to more effec- two institutes. As part of the new structure, Primerus tively use its website and search engine The “institute of learning” model is eventually will shift to new licensing optimization to help clients find Primerus based upon the premise of education of requirements, Buchanan said. Each attorneys through Google, he said. practice group either has defined or is both members and clients, Buchanan Breaking new ground said. “Events like the PDI Convocation, currently in the process of developing the Primerus Business Law Symposium, standards for admission for individual With these developments and what’s the Primerus Consumer Law Institute attorneys. For instance, in order for an sure to be more in the future, Primerus Winter Conference, and our various attorney to join the bankruptcy practice continues its tradition of focusing on webinars are wonderful opportunities to group, he or she must currently have the highest of standards. In order to educate lawyers and to bring clients into a minimum of 10 years of practice in continue its growth and success, everyone the family in a low-pressure, education- bankruptcy, must spend at least 800 hours associated with Primerus must never lose focused environment,” Buchanan said. per year in the practice of bankruptcy sight of those standards – with integrity “The most effective way to bring lawyers and must obtain eight hours per year of leading the way, Buchanan said. and clients together is to host these high- continuing legal education in the area of “I am truly proud to be part of this quality educational events and begin the bankruptcy. alliance of the world’s best attorneys,” process of learning together. That can Buchanan said that in the future, Buchanan said. “To be a Primerus then lead to working together, as well in addition to joining a practice group, member or representative is an honor, as socializing together in recreational a member may go a step further to seek but it also comes with a great deal of settings with a round of golf, a Jeep ride certification based on specific criteria. responsibility. As we look to the future, I through the desert or a game of tennis.” That certification would then allow the affirm my commitment to upholding the Primerus hopes to expand upon firm to get a Primerus license for that standards which have brought us this far, this model with a web-based Primerus specialty. and to continuing to find innovative ways University offering continuing legal “We are moving away from simply a to improve the ways we serve our clients. education credits in various areas of the PBLI (formerly BCI) license, to a PBLI I look forward to all of you joining me in law, Buchanan added. license with specific certified specialties,” our exciting future.” he said. “We are attempting to identify for a number of reasons the true expertise of every lawyer in Primerus, moving from

FALL 2010 7 Ruth E. Martin Senior Vice President of Services & General Counsel

Ruth Martin is Senior Vice President of Services & General Counsel for Primerus. She praticed law in Ohio for 15 years, is licensed to practice law in Michigan, and worked as a law firm consultant for LexisNexis before joining the Primerus staff in 2003. Ruth resides with her family in Grand Rapids, Michigan.

International Society of Primerus Law Firms 171 Monroe Avenue NW, Suite 750 Grand Rapids, Michigan 49503 616.454.9939 Phone 616.458.7099 Fax [email protected] www.primerus.com

Client Focus A Conversation with In-House Counsel about Working with Outside Counsel

In my role with Primerus, I have the privi- house counsel by communicating directly cost-efficient manner possible. Along with lege of speaking with general counsel from with management; etc. receiving the legal services that the client time to time about the qualities they’re Below are some guidelines the general needs and wants, it is very important that looking for in outside counsel – which counsel of a large North American in-house counsel never feel the need to inevitably leads to a discussion regarding company passed on to me recently. I am question whether the outside counsel’s our members’ commitment to providing sharing them here because I believe they work is of the highest caliber and ethical. high quality legal services for a reasonable offer valuable insights for lawyers who price. Some general counsel share stories want to make sure that their in-house 2. Bill fairly. of very positive experiences in which clients are pleased with the services and While a non-lawyer within a company they’ve worked together with outside coun- value they provide. may believe it is okay to be charged sel, as a team, for the benefit of the com- for legal research on a particular topic, pany. On occasion, however, I hear about 1. Do what the company hired you in-house counsel is acutely aware of what problems that are encountered with outside to do – no more, and no less. outside counsel should already know in counsel, such as: not working efficiently General counsel are regularly asked by his/her own area of expertise. Holding or in a cost-effective manner; overbilling; management to justify the need to use him or herself out as an expert in a given not being trustworthy; failing to appreci- outside counsel and the expense that area of the law implies and includes ate the in-house counsel’s knowledge and goes along with it. Outside counsel can having basic knowledge in that area. experience; communicating poorly or too make in-house counsel’s job much easier Companies do not want to pay for “on- infrequently; attempting to circumvent in- by limiting work to those areas they were the-job training.” hired to do and carrying it out in the most

8 THE PRIMERUS PARADIGM It is an integral part of an in-house 5. Communicate openly with general avoidable. Positive relationships based attorney’s duties to carefully scrutinize counsel. on mutual respect and trust between in- outside legal fees, and it is very common With many cases, it seems there is a rush house and outside counsel should always for them to have to defend those legal of activity in the beginning and then there be an important goal for both “parts” of fees to upper management. Furthermore, is a lull. During that time, general coun- the legal team. I hope these insights help when an in-house lawyer hires an outside sel may get inquiries from management Primerus lawyers consistently achieve lawyer who is a senior attorney in a corner about what is happening with the case. It that goal with all of their clients. office, they understandably assume that is important that they be kept informed of On a final note, this general counsel the attorney who they met will be the one developments, on a regular basis, so they mentioned that in her company’s experi- personally handling their case or working can pass that along to company manage- ence, working with small and medium- on their matter. Of course, there are times ment. This communication can be as in- sized law firms (the size of Primerus when a less senior attorney is acceptable formal as an email from an administrative firms), provides more opportunity for and probably desirable because their assistant telling them what is happening developing a close working relationship hourly fees will be less. However, if (or not) and an approximate time when with their outside counsel. She also other attorneys (and/or paralegals) will be you may know more. appreciates being able to look to a reliable working for the senior attorney, it’s best resource, like Primerus, that identifies to discuss this with the in-house lawyer, * * * law firms and lawyers who maintain early on, and offer to introduce them to I’m grateful, and so are our members, the highest standards of integrity and the others at the law firm who will be when in-house lawyers agree to talk about are committed to providing excellent working on their file. what they expect from their outside law legal representation, as well as charging Remember, as a team, inside and firms – whether it is during a Primerus reasonable, unpadded legal fees. Those outside counsel should both want litiga- conference, in an article for The Primerus qualities, along with a working relation- tion to be resolved as quickly as possible. Paradigm or during a one-on-one con- ship that is based on teamwork, trust and Attorneys will get more kudos from a versation. The problems that were shared respect, are what she and her company company if a legal matter is resolved with me, by this general counsel, are are looking for in their outside counsel. early and for as little expense as possible.

3. If outside counsel proves to be trust- worthy, their relationship with general counsel could last a long time. Finding outside counsel who can be trusted and who appreciate and acknowl- edge a company’s culture and organiza- tional philosophy is a top priority. Once a satisfying relationship has been estab- lished, it is very likely that company will keep coming to you for legal services for many years to come.

4. Remember general counsel (and other in-house counsel) are lawyers, too! Most in-house counsel would agree that they want to be treated as part of the legal team – not as a lay business person who does not understand how the legal system works. Don’t “talk down to” in-house counsel. Keep them informed about all legal proceedings, strategies, etc. That special bond of teamwork is what will help them remember who they want to retain the next time litigation arises.

FALL 2010 9 David L. Applegate Partner

David Applegate is a partner and chair of the Intellectual Property Practice Group at Williams Montgomery & John Ltd., a boutique commercial and defense litigation firm based in Chicago. He has been in practice for over 30 years. The views expressed are entirely his own.

Williams Montgomery & John Ltd. Willis Tower 233 S. Wacker Drive, Suite 6100 Chicago, Illinois 60606 312.855.4851 Phone 312.630.8578 Fax [email protected] www.willmont.com

Best Practices A House Divided: Walking the Fine Line between Promotion and Production

“We all walk a fine line between pro- to associates. In short, over time, he drew whose business the partners had already motion and production,” said a now- the line between promotion and produc- attracted or were trying to attract. Part- deceased lawyer friend of mine who for tion differently. ners were the owners of the firm, respon- many years ran his own small firm. In his sible for attracting clients, running the case, being self-employed, the truth of The Way It Was office and managing the practice. Partners the proposition was obvious: if he didn’t The same is true of most attorneys in shared in the profits (and occasional attract clients, then he had no cases on private practice: unless we are born into losses) of the firm. “Of counsel” was then which to work, and if he didn’t work on the family law firm, we must first learn typically a term of honor and distinction the cases that he had, then he made no the law, then the nature of the practice, conferred upon older firm lawyers whose money. So he truly walked a fine line be- and only last, if at all, how to attract and longevity or infirmity either prevented tween business promotion and production retain clients. Early in most of our careers them – or earned them respite from – (working on cases). the line is much closer to production, and assuming the full responsibilities of In the early years of his practice, later it is closer to promotion. But at every partnership and entitled them to an office no doubt, my friend spent more time in stage we walk that fine line. and at least token remuneration in their the library or in the courtroom than on For many years, law firm compensa- sunset years. the golf course or in the boardroom, but tion systems recognized and accepted Like everything else in the past three by the time I met him he would take off this linear progression, giving rise to the decades, this linear progression in the every winter for Southern California, traditional attorney categories of associ- practice of law has changed dramatically. working the phones for a few hours each ates, partners and “of counsel.” Associ- Today the law, like much of life, has been morning before heading to the golf course. ates were mostly younger attorneys, hired turned both upside down and inside out. Most of the actual work he would leave chiefly for their education, training and willingness to work hard for the clients

10 THE PRIMERUS PARADIGM The Way It Is With few exceptions, law firms rarely organize as partnerships today, prefer- ring instead the limited liability protec- tions of Ltd.s, LLPs and LLCs. Having assumed corporate form, larger firms are now run by “managing partners,” CEOs and COOs, or executive committees that report to the principals or shareholders from time to time without the sharehold- ers’ direct engagement. Partners remain partners in name only, and for purposes of payroll, pension and anti-discrimination laws, are treated as employees – which they largely are. Partners without busi- ness are often called “Counsel,” “Special Counsel,” “Of Counsel” or unemployed. Graduated compensation schemes based on experience and service to the firm were long ago replaced by incentive- based compensation schemes that reward business generation über alles. The former editor-in-chief of the Harvard Law Review with 30 years’ experience but few clients makes less – sometimes dramati- cally less – than the up-and-comer from the home state school whose friends and that operate independently and tend to to do so, every person in the firm contrib- contacts send millions of dollars of busi- come and go. Law firms raid one another utes to client development, both directly ness a year to the firm. for profitable practice groups, and an and indirectly. Inexperienced law school graduates individual lawyer’s allegiance to a firm An optimum compensation system with stellar credentials move from may be as thin as the paper on which the would properly recognize and reward this, judicial clerkships to law firm positions bonus check is written. Partners within not drive the firm’s attorneys to compete that within a year or two pay them more the same firm may refuse to share client with one another for “client credit.” Other than the judges for whom they clerked contacts or to participate in joint market- things of value that successful law firm (although without the lifetime tenure ing efforts because each wants sole credit compensation systems should reward and benefits), while older lawyers with for any resulting business. Both the firm are, quite simply, associate training and the same credentials and greater experi- and the profession are poorer for it – and mentoring and plain old “good lawyer- ence are sometimes drummed out of the that is the danger of focusing on business ing” – getting good results for clients very same firms because their “book of generation as the be-all and end-all of law at reasonable cost. It does little good to business” is too small. But even lockstep firm compensation. bill clients millions in legal fees if those compensation for associates, based on clients never come back. The quest for number of years in practice plus judicial The Way It Should Be the bottom line should not be a race to the clerkship experience, has been replaced bottom. With proper focus and attention, by pay for performance – which means Just as retailers stay in business only so it need not be. hours billed and collected, plus business long as they have customers, law firms brought in – often with a significant portion cannot survive without clients. But from coming in the form of year-end bonuses. the receptionist who answers the tele- The large law firm of today is therefore phone in friendly fashion, to the office a simulacrum of a shopping mall: a few services staff who ensure that documents anchor tenants plus many small boutiques are properly copied and delivered, to the attorneys who provide superior service, get superior results, and train others how

FALL 2010 11 Morgan A. Godfrey

Morgan Godfrey leads Johnson & Condon’s employment law section. Mr. Godfrey provides legal counsel to both private and public employers for everything from day- to-day employment decisions, investigation of claims of discrimination and harassment, to representation before state and federal administrative agencies, to litigation in state and federal courts. He is licensed to practice before the state and federal courts of Minnesota and Wisconsin. In addition to authoring articles on employment law, Mr. Godfrey regularly provides seminar instruction on such matters as federal rights of public employees, federal law updates, supervisor training to avoid harassment claims, and claims of retaliation.

Johnson & Condon, P.A 7401 Metro Boulevard, Suite 600 Minneapolis, Minnesota 55439 952.831.6544 Phone 952.831.1869 Fax [email protected] Best Practices www.johnson-condon.com ADA Amendments Act of 2008 Brings Renewed Focus on the Interactive Process1

The Americans with Disabilities Act Though the term “interactive process” sary for the [employer] to initiate an Amendments Act of 2008 has impacted is not contained in the Americans with informal, interactive process with the employers ranging from small-sized law Disabilities Act (ADA)2, it has its genesis [employee] with a disability in need firms with 15 or more employees, to large there. An employer unlawfully discrimi- of the accommodation. This process corporations employing tens of thou- nates under the ADA if the employer does should identify the precise limita- sands. With the broadening of disability “not make reasonable accommodations to tions resulting from the disability coverage, the major battles in defense of the known physical or mental limitations and potential reasonable accommo- claims of disability discrimination are of an otherwise qualified individual with a dations that could overcome those now fought over whether the employer disability who is an applicant or employee, limitations.5 and employee have engaged in what is unless [the employer] can demonstrate The Equal Employment Opportunity termed the “interactive process,” whether that the accommodation would impose an Commission’s (EEOC) interpretive guide- the employee is qualified to perform the undue hardship on the operation of the lines shed some light regarding when the essential functions of available jobs, and business of [the employer].”3 interactive process is triggered: “Once whether the employee’s disability can be The interactive process is the step a qualified individual with a disability accommodated without undue hardship. employers take after they learn that an has requested provision of a reasonable This article will focus on the interactive employee with a disability may need accommodation, the employer must make process, including what it means, when accommodation, but before a decision is a reasonable effort to determine the ap- the requirement to engage in the process made concerning what reasonable accom- propriate accommodation. The appropri- has been triggered, and how the employer modation4, if any, may be provided. The ate reasonable accommodation is best may know in general terms that it has ADA’s regulations state: determined through a flexible, interactive undertaken enough effort to meet its To determine the appropriate reason- legal obligations. able accommodation it may be neces-

12 THE PRIMERUS PARADIGM between employee and employer. As with employers, employees who fail to partici- pate in the interactive process do so at their peril. An employee may not be heard to cry foul for the employer’s failure to reasonably accommodate if the employer either did not know of the employee’s disability or the employee refused to participate in the interactive process.

1 Copyright Morgan A. Godfrey. 2 42 U.S.C. § 12101 et seq. 3 42 U.S.C. § 12112(b)(5)(A). 4 A“reasonable accommodation” can include, among other things, such actions as “job restruc- turing, part-time or modified work schedules”, “reassignment to a vacant position,” or “acquisi- tion or modification of equipment or devices”. 42 U.S.C. § 12111(9). The ADA does not require an employer to create a new position to accom- modate a disability or to shift the essential func- tions of the current position to other employees. 29 C.F.R. § 1630, App. § 1630.2(o). 5 29 C.F.R. § 1630.2(o)(3). (emphasis added). 6 29 C.F.R. Pt. 1630, App. § 1630.9. 7 Barnett v. U.S. Air, Inc., 228 F.3d 1105, 1112 (9th Cir. 2000), vacated on other grounds, 535 U.S. 391, 122 S.Ct. 1516 (2002). However, process that involves both the employer that this same failure to interact can be courts have recognized that the employer may be required to institute the interactive process in 6 and the [employee] with a disability.” evidence of bad faith. “An employer fails situations in which the employer is aware of the In general, the process is triggered to participate in an interactive process disability and its impact on performance, and the when the employer learns of the em- if the employer knew of the employee’s disability prevents the employee from requesting accommodation. Id.; Bultemeyer v. Fort Wayne ployee’s possible disability and receives disability, the employee requested a rea- Community Sch., 100 F.3d 1281, 1285 (7th Cir. a request for accommodation.7 Several sonable accommodation, the employer did 1996). courts have held that the notice of dis- not make a good faith effort to assist the 8 See e.g. Barnett, 228 F.3d at 1114 (interactive ability and need for accommodation may employee in seeking accommodations and process triggered by employee or employee’s not only come from the employee, but the employee could have been reasonably representative giving notice of disability and desire for accommodation); Taylor v. Phoenixville also third parties. Examples of the latter accommodated but for the employer’s lack Sch. Dist., 184 F.3d 296, 313 (3d Cir. 1999) include requests for accommodation from of good faith.”11 (trigger by request for accommodation from a union representative, a psychiatrist, or The ADA regulations beg the question family member or doctor); Bultemeyer, 100 F.3d 8 at 1285-86 (request for accommodation from an employee’s family member. of what an employer must do to prove employee’s psychiatrist). What happens if the employer fails sufficient engagement in the interactive 9 See e.g. Taylor v. Phoenixville Sch. Dist., 174 to engage in the interactive process? process. “Employers may demonstrate F.3d at 157; Beck v. University of Wisconsin Bd. Some circuits hold that employers have a good faith attempt to find a reasonable Of Regents, 75 F.3d 1130, 1135 (7th Cir. 1996); a duty to act in good faith and assist in accommodation for a disabled employee Taylor v. Principal Fin. Group, Inc., 93 F.3d 155, 165 (5th Cir. 1996). the search for appropriate reasonable ac- in many ways, such as meeting with the 10 commodations; breach of this duty results employee, requesting limitations, asking Fjellestad v. Pizza Hut of Am., Inc., 188 F.3d 944 (8th Cir. 1999); Willis v. Conopco, Inc., 108 F.3d in liability when a reasonable accom- the employee what he wants for a specific 282, 285 (11th Cir. 1997); White v. York Int’l modation could have been made.9 Other accommodation, showing some sign of Corp., 45 F.3d 357, 363 (10th Cir. 1995). circuits have held that there is no per se considering the employee’s request and 11 Barnes v. City of Coon Rapids, 2009 WL violation of the ADA for an employer’s offering and discussing available alterna- 1178555 (D.Minn. April 30, 2009) (citing Canny failure to interact in light of the ADA tives when the employee’s request is too v. Dr. Pepper/Seven-Up Bottling Group, Inc., 439 F.3d 894, 902 (8th Cir. 2006); Fjellestad, 188 10 12 regulation’s discretionary language. burdensome.” F.3d at 952)). However, these courts have further held The ADA regulations and case law 12 Id. (citing Fjellestad, 188 F.3d at 953 n. 7). establish that the responsibility to engage in the interactive process is a shared one

FALL 2010 13 Steve Kailas President

Steve Kailas is President of Kohner, Mann & Kailas, S.C., a business transactions, commercial finance and litigation law firm based in Milwaukee, Wisconsin. Under Steve’s leadership, the firm has championed the rights of business creditors in court, across negotiating tables and through leadership in state and national organizations devoted to upholding the rights of business creditors. As a result, Kohner, Mann & Kailas, S.C. has secured an industry-wide reputation as a leader in the field of liquidation of business-to-business debt on behalf of a national client base.

Kohner, Mann & Kailas, S.C. Washington Building Barnabas Business Center 4650 N. Port Washington Road Milwaukee, Wisconsin 53212 414.962.5110 Phone 414.962.8725 Fax [email protected] Best Practices www.kmksc.com

You Don’t Have To “Eat” Attorney Fees

The distressed economic posture through- executed by the parties, providing the determination to insist on payment. out the United States and other parts of terms and conditions of the engagement. Commencement of legal action is required the world has done much to expose the The agreement should account for the in the event a delinquent client fails to poor practices of law firms to protect the recovery of interest, attorneys’ fees and cooperate amicably or establish the clear collection of their delinquent attorneys’ collection expenses upon default, so that intent and ability to make payment. Time fees. Because the economy had been the law firm will be made whole should is the single most important factor in good for the past many years, lawyers the client become an adversary because protecting the collectability of a delin- could afford not to “chase” bill payment. of the need to commence legal action to quent fee. Recovery can only be accom- We are so busy representing our clients make recovery. plished if in fact the delinquent client is and winning our cases that unfortunately, Another good habit is to ensure that still viable enough to provide the success we assume that the billing for all of our delinquent accounts are regularly policed of involuntary enforcement. Whether a time, effort, overhead and expense in by appropriate personnel in the law firm delinquent fee is large or small, it will representing our client will be fully paid who can exercise the necessary degree of become worthless and uncollectible if in due course. objectivity whenever it is evident that an undue delay destroys the opportunity for This presumption is the initial account has become seriously overdue. successful collection. mistake made by many law firms in the The recovery of a delinquent account One must be careful to avoid the handling of their delinquent attorney fee becomes less and less likely with the weekly or monthly small payment program receivables. Only good habits will ensure passage of each month of delinquency. against a sizeable fee delinquency. More payment of delinquent receivables. A Certainly, after delinquency of 90 days, often than not, the delinquent client may well written Fee Agreement should be there should be concern. After 120 days of delinquency, there should be a serious

14 THE PRIMERUS PARADIGM not be solvent long enough in which to collection agency, in the hopes of collect- fee, collection costs and attorneys’ fees, complete payment. It is a mistake to rely ing the claim itself without sharing any and return of disbursements relating to on small payments, which carry the strong fee with a law firm, will hold an account any required legal action to enforce pay- risk that with time, the major portion of too long before engaging a law firm to ment. Though the contingent fee will be the delinquent attorneys’ fees will be lost start legal action to force payment. This deducted from the recovery, there will be because of the client’s ultimate inability delay can often deny successful recovery a strong economic return to the law firm to provide full payment before bankruptcy of the delinquent receivable. in question, rather than the serious and or insolvency. Keep in mind that Primerus has a complete loss of a receivable represented If your firm is not experienced in large number of commercial law firms by the unpaid and uncollected attorneys’ or comfortable with the collection of a with the expertise and experience to fees. The net recovery is all profit. delinquent receivable, or it’s time is provide assistance and representation The formula is simple: good habits better spent in other pursuits, consider in the recovery of delinquent attorneys’ in processing the delinquent client’s engaging the services of a commercial fees. This representation is available fee receivable, plus early and timely law firm which is sophisticated in the throughout the 50 states and most parts placement for collection equals positive recovery of delinquent accounts. Such of the world. The timely utilization of a liquidation of the delinquent attorneys’ firms will often provide the services on a local Primerus law firm or a Primerus law fees and successful collection. With this contingent fee arrangement, thereby taking firm which handles liquidation of debt on formula in place, there should be few on the risk of collection and providing a national and international basis should instances when the law firm must “eat” all for payment of the services from recover- provide successful collection. With a of the time, effort, overhead and expense ies made. Lay collection agencies are proper Retainer Agreement and the en- invested in the delinquent account. available, but they do not have the legal gagement of a Primerus commercial law sophistication, experience and persua- firm engaged to liquidate the delinquent sion of a commercial law firm, which will legal fee, and most importantly, the generally provide a contingent fee that is timely placement of the claim for collec- competitive with any collection agency. tion services, the creditor law firm can ex- There is also the strong concern that a lay pect handsome results including recovery of the full amount of the delinquent legal

FALL 2010 15 Mitchell S. Milby Partner

Mitchell Milby represents architects and engineers and advises his clients in business matters, design and construction defect litigation. He is a regular contributor to the American Institute of Architects magazine, Columns. He is a professional affiliate with the American Institute of Architects and a member of the Dallas Bar Association (Con- struction Section). Mr. Milby received his J.D. degree from Northwestern School of Law, Lewis and Clark College, and is licensed to practice law in both Texas and Oklahoma.

Milby, Attorneys & Counselors 1909 Woodall Rodgers, Suite 500 Dallas, TX 75201 214.220.1210 ext.110 Phone 214.220.1218 Fax [email protected] Best Practices www.milbyfirm.com Cash Flow Management for Solo and Small Firm Attorneys

Most solo and small firm attorneys will “keep your overhead low.” Save your and small firm attorneys. Consequently, tell you that their biggest challenge is pennies when you can in the early stages a solo/small firm must plan for its down not practicing law, it’s managing their of your firm’s life until you know what time. One way is to operate on a monthly practice. No matter how good the attorney, your monthly income will likely be and draw and to keep a cash reserve equal to failure to appreciate the basics of cash can plan accordingly. One of the luxuries 45 to 60 days of operating expenses. This flow management can lead to frustration of being a lawyer today is that you really should allow you to weather the down and even death of a law practice. Follow- can operate without support staff. Even time in your practice. ing these basics, however, should help filing in most Texas courts can be per- In this regard, if you operate on ease your pain. formed online – often at the same or less retainer, include in your agreement Always keep in mind the funda- cost than a courier. the right to issue an invoice when your mentals: cash flow management, in its combined accounts receivable and work simplest form, involves the movement of 2. Keep your reserves fully funded – in progress equals 75 percent of your cash in and out of a business. manage the movement of cash in and retainer. If executed properly, you can re- out of your business. plenish the retainer before it reaches zero 1. Keep overhead to a minimum – Every business cycle has its slow periods. and can avoid the scenario where you are reduce the movement of cash out “Big” firms can usually compensate for essentially advancing fees to your client of your business. these because the slow period for various by working without any reserves. The goal The first and probably best advice I practice groups and offices will occur at here is to maintain cash reserve; if your received from other attorneys when I different intervals during the year (e.g., billings surpass the retainer it will be stepped out from the relative comfort of the transactional group can send work extremely difficult to recover the advance a national firm to my new practice was to the litigators and vice versa at dif- position a retainer is intended to create. ferent times of the year). Not so for solo

16 THE PRIMERUS PARADIGM 3. Have a budget – or no return on your investment should 5. Do not allow one client manage the movement of cash cause you to revisit your budget and to dominate your practice – out of your business. spend your marketing dollars differently. manage the movement of cash It sounds simple – it is. Your budget into your business. should include projected revenues and 4. Prompt billing – If an attorney becomes too dependent on expenses. A sample budget for expenses manage the movement of cash one or two clients, a few things happen. might include the following: rent, sala- into your business. First, there is opportunity cost – every ries/wages, payroll expenses, equipment The chances of collecting a bill in full minute spent by the attorney is a minute leases (copier, telephone system, etc.), and maintaining your cash reserves are lost for developing new business and ad- furniture, supplies, marketing, utilities, greatly increased by prompt billing. I ditional sources of revenue. Second, the bar dues, insurance, accounting fees, etc. make it a practice to send clients an cash flow for the attorney is necessarily Smart business owners prepare and invoice before the first of each month. dependent on the needs and success of use budgets and cash flow statements not This way my clients expect to receive an the client, which itself raises an interest- only to plan expenses for the future, but invoice on a regular basis and can budget ing ethical question: Can a beholden also to understand how they used money accordingly. If your fees are included attorney truly advocate his or her client’s in the past. For example, review your in your client’s budget, you are a long best interests if competent representation client development budget and actual ex- way not only to getting paid in full and results in no attorney’s fees (e.g., settle- penses annually, monthly, or even weekly, on time, but also to managing the flow ment vs. litigation)? In short, make an ef- to evaluate your return on investment. of cash into your business. Additionally, fort to keep any one client from dominat- Are the marketing dollars you spend include the statement that the invoice is ing your practice. generating any billable income? Minimal due, depending on the terms of your fee agreement, either on receipt or within 10 days of the invoice date.

FALL 2010 17 Marc Romano President, Ignyte

Marc Romano is the founder and president of Ignyte, a brand strategy firm focused in the legal industry. The company works primarily with small and middle market law firms to fuse market insight with brand strategy and innovative practices, helping firms develop and implement a sound strategic vision to close the change gap and drive innovation and growth.

Primerus members who would like more information about Ignyte should contact John C. Buchanan at [email protected].

Ignyte Rochester, New York 14607 585.442.0335 Phone [email protected] Best Practices www.ignyte.ms Change: Driving Law Firm Growth in a Changed Industry

Let’s start from the proposition that the Should law firms worry? The only Like it or not, formal research has legal industry is experiencing revolution- firms who should are those that do not shown that to a large degree, legal ary change. In the next few years, the recognize change as the fundamental intellect is viewed by the market as a industry will look nothing like it did just nature of reality and do not adopt a new commodity with little or no meaningful 10 years ago. Such is the pace and degree business and value model to respond. differentiation among most law firms. Ye t of change in the industry. Change to Industry change breeds winners and meaningful, sustainable differentiation this degree is largely driven by one or losers. The firms that will benefit most is the key driver of growth. To achieve it, a combination of two business critical are the small to middle market firms with the focus must be on two business critical dynamics – the changed priorities of practice specialization and the desire dynamics: ongoing innovation – the the market and new, innovative ideas and flexibility to change their business development of new ideas to solve new that disrupt markets and make existing and value models to accommodate the and existing problems, and strategic solutions undesirable, ineffective and/or changed market. These firms are liber- positioning of the brand. obsolete. In the case of the legal industry, ated from the unnecessary overhead and These are the key drivers of differen- the traditional firm-centric business and inefficiency one typically associates tiation and sustainable growth in nearly value model is in direct conflict with the with “big law.” For these firms, this is every industry. changed and high value needs of busi- a period of great opportunity. But only Change in business environments ness and corporate clients. That market if they can adopt a meaningful value is healthy. It is the burning of the forest has decided that the current business/ model and separate themselves from the that in time stimulates new, stronger and economic relationship between it and the majority of generalist, look-alike firms healthier growth. It has impacted nearly legal profession needs to change. And so who are, at best, viewed by the market every major industry in the world today, it will. as a commodity.

18 THE PRIMERUS PARADIGM including publishing, automotive, invest- that spark sought-after service concepts A key finding from ALM’s research ment management, retail and travel. And and effective business and value models. shows investment in brand strategy and it has reached the legal industry. To stand as valuable innovations, new competitive positioning with law firms services must be grounded in high value is #2 in importance among the top five The call for ongoing innovation customer need and must be cost efficient. strategic initiatives for driving growth. As markets continuously evolve, so too do The process encompasses coordinated Attempting to identify the variables that the needs, applications and priorities of and ongoing internal collaboration – a made a difference between law firms that customers. Consequently, the companies component of the internal branding pro- failed and those that succeeded, Core serving those markets and their business cess – supporting an initiative that hones Brands found that successful firms had and value models must evolve to accom- ideas that create market-leading solutions a “we” culture vs. a “me” culture driven modate change and be considered as to problems. The ultimate objective of the by strong brand identity and a common viable, relevant solutions. If a company initiative is converting them into develop- vision. Galt’s findings identified four fails to evolve its offerings, it becomes ments – value for the market – that boost key benefits to branding in a law firm disconnected from the realities of the the bottom line of the firm. environment: market. Its value becomes irrelevant to 1. Style, clarity and reputation high value customer need and it is ef- Strategic positioning of the 2. Superior business development and fectively removed from consideration by law firm brand client relationship opportunities 3. A clearer positioning platform to the market. To a law firm, a brand is the sum of all the drive marketing strategy Innovation, driven by market insight behaviors, ideas, communication, actions, 4. Enhanced ability to attract and and creative thinking inside the organiza- inactions, conversations, values, visual retain people tion, is the single biggest initiative for expressions and differences that collec- building and sustaining growth. Seventy- tively create a feeling of either confidence An Altman Weil study determined that five percent of CEOs of the fastest and belief or lack of confidence and belief branding has doubled in importance growing companies claim their strongest in the firm. A brand establishes the firm’s over the past two years. Respondents competitive advantage is unique ideas strategic direction and creates the plat- confirmed that brand positioning and manifested through products and services form for expression of the firm’s real value reputation are the most important reasons and the distinct human and non-human to the market. corporate clients choose law firms. The processes that power them to market. There are two components to brand- study showed that clients know little That’s innovation by another name. ing; one is directed to the external mar- about the differences among firms and Boston Consulting Group reported that ket. It is the purposeful communication of view most as providing like services, 90 percent of organizations believe inno- the brand values to the outside world. The intellectual strength and results. Brand vation is a strategic, ongoing priority. other is directed to the internal organiza- characteristics define the differences tion. Internal branding is focused primar- How does innovation apply to and create the distinction. ily on people. The brand is inextricably In summary, the key dynamics that the legal industry? linked to each individual in the com- drive profitability in the changed legal Smart law firms are creating increasingly pany. Internal branding creates clarity, environment are brand strength, client- inventive client-centric business models. identifies priorities and unites people in centered differentiation drivers and They view change as opportunity and they purpose. It is critical to brand success. innovative practice. reap financial benefits by redefining how Brand positioning once seen as unneces- Although success hinges largely legal intellect and solutions are deliv- sary, has become critically important to on the behaviors of people, a law firm’s ered. Their business and value models counter perceived or real parity and a key single most important asset is not its work revolve around the needs of the market. competitive growth tool. or its people. It’s the confidence that the They solve problems more efficiently and Galt Advisory, ALM Research, Green- market places in the firm – the extent effectively, they create market confidence field Belser and Core Brands have each to which the firm inspires continuing and as a result, they are safe to believe in. conducted formal research on the impact untroubled assumption that this collec- They are the new competitive force in the of branding among law firms. Key find- tion of talent and commitment is safe to industry driven largely by an innovative ings in these studies showed that brand believe in. culture. positioning is now a major contributor to a Everything else is details. Innovation results from the planned, firm’s overall growth and market presence organized, collaborative and deliberate and a strong unifying force internally. It efforts of people inside the organization sends the message about who the firm is and drives how the market and clients perceive the firm. Internally, it sets the agenda and creates a common purpose behind strategy.

FALL 2010 19 June Lin Partner

June Lin is an international corporate lawyer with experience gained in top law firms in New York, Paris and London. She has represented a range of major multinationals across the U.S., U.K., Europe and key emerging markets such as India in general corporate, commercial and financing transactions. Now a partner at Niesar & Vestal, she specializes in general business counsel for growing technology, biomedical and sustainability start-ups in the San Francisco Bay Area. She is a graduate of Harvard University and Stanford Law School.

Niesar & Vestal LLP 90 New Montgomery Street, 9th Floor San Francisco, California 94105 415.882.5300 ext. 240 Phone 415.882.5400 Fax [email protected] Best Practices www.nvlawllp.com Lessons Learned on My Journey to Primerus

My legal career thus far has been a series to credit agreements and closing docu- all smart and capable of being good law- of adventures, each with its own set of ments for credit agreements. We almost yers, but what separated the wheat from challenges, satisfactions and lessons. always represented the same client in all the chaff, the polished from the sloppy, Because I have worked in a variety of the transactions, a venerable New York was typos. In letters, memos, contracts, legal environments and jurisdictions, bank which served as administrative emails, wherever, we learned to develop I have been able to compare different agent for the loan facilities. This was an an eagle eye for spotting typos. ways of practicing law, and different institutional client who had been with the I learned not to be afraid of paperwork – environments in which to practice law. firm for years and was unlikely to go any- reams of paper and documents. That where. Although associates rotate through comes with the territory. I learned to get New York various corporate practice areas, they end used to scrambling to meet client dead- As a first-year associate in a 44th floor up in one practice area, concentrating lines. And I learned clients are people office of a prestigious New York corporate on a fairly narrow slice of the law. There too; they like to be reassured. Treat them law firm, I was impressed by my plush was a certain formality in the hierarchy like you want to be treated. Keep them surroundings, the high academic caliber of the firm, with the partners eating their informed just as you like to be kept of my colleagues and the well-developed lunch in their own dining area, separate informed. training program. I was assigned to the from the associates’ cafeteria. The rumor I also learned that law is not rocket banking group, and my work consisted was that the partners even had better food science. A large part of being a good law- primarily of drafting credit agreements for than the associates. yer is careful reading and attention to de- syndicated loan facilities, amendments I learned some valuable skills. First tail – and being resourceful. Not knowing was a zero tolerance for typos. We were

20 THE PRIMERUS PARADIGM very much as a junior associate, I would asked his advice on how to maximize my again tended to be large institutional frequently go to the partner I worked investment return, which funds should I investment banks and companies who had with to ask him questions. At one point, choose. He responded, “The best advice used the firm for many years. he suggested that I try to figure out the I can give you is to develop yourself, your Although English was generally spo- answer to my question, before asking him own talents, skills, knowledge and experi- ken in the office, I spoke French with all the question. And if I still couldn’t figure ence. The best investment you can make our French clients, and they appreciated it out, then I could ask my question. Many is to invest in your own human capital.” it. My ability to communicate with French times I would be able to answer my own Interesting. I didn’t fully appreciate what clients and colleagues helped me develop question. I learned the important skill of he was saying then, but I understand it a closer relationship with them, and “being able to figure things out” – essen- more now. Investments rise and fall in helped me to better understand them and tial to being a good corporate lawyer. value, but your own human capital can how they think and express themselves. I also learned to develop confidence in never be taken away. Certain expressions or ideas exist in one myself and not be so intimidated by more language but not in another, they cannot senior attorneys. Instead of knocking on Paris easily be translated, and the ability to the door and saying, “Can I bother you for I was then recruited to the Paris office of understand such unique expressions goes five minutes?” or “Sorry to disturb you,” another preeminent New York law firm. a long way toward building rapport. which suggested that I was a bother and a Having been a Francophile for years, my I noticed that French (and other con- disturbance, I learned to say “Can I have dream had finally come true, I was able to tinental European) law contracts tended five minutes of your time?” or “Is this a use my French language skills in a busi- to be much shorter than U.S. law con- good time for us to go over X”? ness setting and be a working member tracts. There’s none of the overlawyering Finally, I learned an important lesson of French society, not just a student on a you sometimes find with U.S. contracts, from a wise senior associate I worked junior year abroad. There were multiple no providing for every contingency, how- with. I was starting a 401(k) investment nationalities represented in the office: ever remote. No sentences that run on for plan for the first time and was over- American, Canadian, French, British, the length of a paragraph. This may have whelmed by all the different investment Greek. My practice area was again fairly something to do with the more litigious options. I went to the senior associate and specialized in securities transactions nature of U.S. parties. relating to foreign private issuers. Clients

FALL 2010 21 London documents.” British lawyer: “Perhaps you generalist role. In the three and a half would be so kind as to send me X, Y, Z years I have been with this small firm, I My next adventure was in the London documents.” It was like a different lan- have worked in a far wider range of legal office of a major California law firm. All guage. To many Brits, the niceties were an areas than in the big firms: not just secu- of the support staff was British, although essential part of business communication. rities and financing work, but commercial the lawyers were primarily American. Negotiating English law contracts was contracts, employment law, intellectual Because the firm was based in California, very similar to negotiating U.S. law con- property, company formation, corporate the office was more laid back and less tracts due to shared common law roots. In governance, nonprofit companies. I’ve formal and departmentalized than the fact, as I learned when I took the Quali- developed familiarity with diverse issues. New York firms I had been accustomed to. fied Lawyers’ Transfer Test to qualify as Like with an in-house practice, I have I had a larger variety of work as it was a an English solicitor, many aspects of U.S. a better work-life balance than in a big small office, we had to deal with whatever and English law are very similar. Becom- law firm. And the small firm environment came in the door. ing an English solicitor after working as seems more relaxed and flexible, without I remember one incident that brought a U.S. lawyer was an easy transition, and the strict hierarchy and formal structures home the difference in communication allowed me to move smoothly into the role of many big firms. style between the Brits and the Ameri- of General Counsel of a U.K. company, How can I serve my clients better in a cans. A lawyer in our New York office where I practiced primarily English law. small firm? I am able to provide more cost frequently called the managing partner During my time in London I also worked effective services because I can service of our office, also a New Yorker, as they on the U.S. securities law team of a large a variety of my client’s needs, rather than worked on several matters together. When U.K. law firm, where I often worked on having to outsource different needs to dif- the managing partner’s English secretary big deals with a large team of lawyers ferent attorneys, ending up with a team of answered, “Mr. X’s office,” the New York from our firm, each with a different area 20 lawyers who all rack up billable hours lawyer asked simply, “Is he there?” This of specialty, getting up to speed. Yo u don’t tend to find was seen as the height of rudeness by the arrogance in small firm lawyers that the English secretary, who would have Why Small is Beautiful you sometimes find in big firm lawyers, expected the polite response to be, “Good who have institutional clients passed morning, may I please speak with Mr. X?” I end my journey to Primerus in a seven- down over generations, and who may Emails of British lawyers also tended lawyer San Francisco business law firm not be as incentivized to focus on client to have more niceties than U.S. lawyers’ with a diverse transactional and litiga- service. I have heard of some big firm emails, which were more direct and to the tion practice. Having spent most of my lawyers who refuse to stand behind their point. U.S. lawyer: “Please send us the career in fairly specialized practice areas of large firms, I was looking for a more mistakes and correct them, perhaps be- cause of this arrogance. This would never happen in a small firm like ours. Conclusion What do lawyers need to practice in a global economy? Foreign language skills are a definite plus, as it creates bonds with our foreign colleagues and helps us understand them better. An openness to other ways of doing business, and an awareness of differences in etiquette, business practices, negotiation techniques and business protocol are also important. How do small and mid-sized firms attract quality attorneys? Give them all the reasons I have enjoyed coming to work in a small firm: highly varied work, more relaxed and friendly atmosphere, more flexible structures, less formal and rigid. And actually being able to make social plans on a weeknight evening is a plus!

22 THE PRIMERUS PARADIGM Henry Sneath Partner

Henry Sneath is a trial attorney specializing in business, intellectual property, pharmaceutical and products liability, toxic torts, insurance coverage and tort litigation matters. He is listed in Best Lawyers in America for Commercial Litigation and has been designated by his peers as a Pennsylvania Super Lawyer in the field of Business Litigation. He is also currently the First Vice President of DRI.

Picadio, Sneath, Miller & Norton, P.C. 4710 U.S. Steel Tower 600 Grant Street Pittsburgh, Pennsylvania 15219-2702 412.288.4013 Phone 412.288.2405 Fax [email protected] www.psmn.com Best Practices The Litigation Boutique: Managing Complex Litigation

Here’s the challenge. Your law firm has will involve complex databasing arrange- Companies with extensive litigation port- 12 lawyers, two paralegals, four legal ments for those documents, such that folios were adopting the “DuPont” model assistants, one firm administrator and one potential experts and consultants may see for reducing the number of “panel” firms “runner.” Yo u get a call from a potential documents at one level of confidentiality, to a minimum. Insurance companies had client asking whether you can compe- clients another, and lawyers still another. long ago perfected the art of controlling tently staff a large, complex, commercial Your decision as to whether or not to legal costs, but nonetheless, they faced lawsuit representing a relatively small, accept the representation must focus on additional pressure from their corporate somewhat cash-strapped company against a host of factors relating to costs, staffing, officers to further reduce legal expense, a large multi-national corporation. Yo u document databasing, use of technology without sacrificing quality of representa- determine that the issues may involve and the capability of your firm’s attorneys tion. Corporations which faced business- unfair competition and false advertising to deal with the complex legal issues. to-business commercial claims for patent claims under the Lanham Act, Sherman Yo u can accept the representation if you infringement, breach of contract or Anti-Trust Claims and other potential have followed a long-term plan to build employment claims also faced pressure to business-to-business type litigation competence, agility, technology, financial reduce legal expenditures. claims. There is a potential that the stability and a sense of teamwork in your E-discovery issues will involve 20 to 30 law firm. The Paradigm Shift million pages of documents, with com- For many decades, the legal industry plicated privilege issues, and the need Industry Issues paradigm was clear. Only large law firms to code, sort, store and produce many There is no secret that even before the could handle large litigation. That para- millions of documents with varying levels downturn in the economy, corporations digm has begun to shift. While certain of confidentiality restrictions. The matter were seeking new ways to address bur- “bet-the-company” cases will continue geoning legal and E-discovery expense. to be placed with large law firms, general

FALL 2010 23 counsels are increasingly finding a new cases where parties have filed motions for Databasing costs can be billed way. Competent, well-managed and ap- preliminary injunction or sought expe- directly to clients, or done on a pass- propriately staffed litigation boutique law dited discovery and hearings. When the through basis, with no markup by the law firms are entirely capable of handling client calls with a case like the one above, firm, and no anticipation of profit by the complex commercial and intellectual the firm needs to have enough capacity to law firm for providing outside document property litigation. In the example given immediately respond, despite the risk of hosting services by a competent vendor. at the outset of this article, our firm was fronting the cost of that extra capacity. In the case above, the complex document able to say “yes we can handle that litiga- coding project, which would allow firm tion.” Here are the tools that would allow 3. Technological Capacity: lawyers to find documents at a moment’s a small firm to take on that significant In responding to requests for represen- notice, to review them for privilege and to representation. tation in the case set forth above, most generate exhibits for deposition and trial, boutique law firms (and in fact many large was handled by a team of contract lawyers 1. The Competency Factor: law firms) cannot promise to manage 20 whose services were pass-through billed In the last decade, small law firms have to 30 million pages of documents on an to the client, with again, no markup and had the luxury of hiring away from large in-house database. Even with tools like no profit to the law firm. All of these costs firms, lateral associates and partners Summation or Concordance, most law were budgeted, projected and done on a with considerable academic pedigree, firms have limited server capacity and direct billing basis with the law firm re- solid trial experience and good existing limited IT department capacity such that viewing the bills for propriety and compli- client relationships. A host of factors have the only reasonable solution is to have ance with budget and litigation handling driven such lawyers from large firms to a strong partnership with an outside guidelines. At $30 to $40 per hour in smaller ones, and they bring with them all vendor. This outside vendor relation- many jurisdictions, contract lawyers of the talents which originally served as ship needs to be firmly established on a provide a substantial cost savings to cli- the reason why the large firms recruited long-term basis, so that again, the call ents, and allow for the boutique law firm them in the first place. Small law firms for emergency response to large litigation lawyers to focus not on coding documents, further develop their trial lawyers’ skills can be answered with an immediate plan but rather on how to manage the informa- by providing regular courtroom experi- for managing large scale discovery and tion that is garnered from those docu- ence. Trial lawyers see how a case might E-discovery issues. ments. Many of the complaints that are end, at a jury or bench trial verdict, with- out which it is difficult to develop a stra- tegic plan, budget and theme for handling complex litigation. Many small litigation boutiques have trial lawyers who have taken 50 or more cases to verdict. There is no substitute for being able to “see that possible end game” before meeting with a client to develop a litigation strategy and plan. Litigation boutiques frequently have a mix of lawyers with high-end academic and federal court clerking experience, along with seasoned trial lawyers who can help fashion a small, efficient team of lawyers and paraprofessionals to navigate the difficult issues of complex commercial litigation.

2. Human Capacity: The successful boutique firms are not afraid to hire the “best athlete in the draft” lawyer, even if they cannot imme- diately fill that lawyer with billable work. It is critical that small law firms retain enough extra “human capacity” to staff large matters when they come in the door with little or no notice. There is no time to hire new lawyers to respond to complex

24 THE PRIMERUS PARADIGM heard from lawyers leaving large law firms Primerus firms, ours has the capability fees being billed at one-half the normal is that after 10 or 12 years of practice, to draft patents and trademarks, to guide rate, in exchange for paying a percentage they are still functioning essentially as the applications through the prosecu- of any recovery. As mentioned, all out- document managers or document coders, tion in the USPTO, and to enforce those side vendor costs and costs for contract and are not being given a chance to see IP rights when necessary. This capabil- lawyers were billed to the client with no the inside of a courtroom. Their services ity also provides litigation strength to a markup, no income to the law firm. Even are being billed at rates in excess of $400 boutique when some of the firms’ lawyers without a contingent arrangement, there or $500 an hour, and yet they remain on have strong technical and computer is no secret to the fact that small law firm the lower end of a heavily tiered structure backgrounds, and are admitted to practice billing rates can be a fraction of those in of lawyers, “staffing” large litigation. before the USPTO. They serve, in a sense, large law firms in the same market. as in-house consultants on technology, E- 4. Intellectual Property (IP) Expertise: discovery, software and other issues that 6. Additional Strength Through Primerus Many Primerus law firms have substantial arise in complex business litigation. An additional strength to small firms competency in the various Intellectual comes from an international alliance with Property and Technology disciplines. This 5. Fee and Expense Control and other firms that pledge to uphold the Six includes the so-called “hard” IP like pat- Management: Pillar philosophy. Much of what I wrote ent prosecution, trademark prosecution, Smaller law firms generally have far more above reflects that commitment. Primerus intellectual property opinions, evalu- flexibility with regard to the structuring firms can joint-venture with each other, ations and audits, and management of of fees and expenses than large firms. or refer matters to find the best possible corporate intellectual property portfolios. Many mega law firms dictate billing representation for any client faced with On the other hand, many Primerus firms rates to their partners and associates, complex litigation issues. Cross discipline also handle litigation on issues of patent, and refuse to allow flexibility or creative referrals and alliances between Primerus trademark and copyright infringement, billing arrangements. Boutique firms can business firms and Primerus litigation breach of licensing deals, trade secrets, be more creative, and for example, in the firms will also help build a strong litiga- false advertising, unfair competition and case referenced above, the firm was able tion team capable of handling even the a host of IP issues relating to employ- to accept representation on a partial con- most sophisticated matters. ment termination matters. Like many tingent fee basis. The plaintiff/client was able to afford the litigation based on legal

FALL 2010 25 Member Spotlight

Robin Lewis is a commercial real estate Mandelbaum, Salsburg, Gold, attorney and a partner at Mandelbaum, Lazris & Discenza P.C. Salsburg, Gold, Lazris & Discenza, a 155 Prospect Avenue 60-lawyer full-service law firm in West West Orange, New Jersey 07052 Orange, New Jersey. This year, she was 973.736.4600 Phone named in New York Magazine as one of 973.325.7467 Fax the New York metropolitan area’s best [email protected] attorneys in her specialty. www.mandelbaumsalsburg.com

26 THE PRIMERUS PARADIGM obin Lewis is a commercial real estate attorney by day, but at Rnight, you might find her on stage with a face full of whipped cream or her body twisted like a pretzel. A member of Nutty By Nature, a professional improvisational comedy troupe based at the New Jersey School of Performing Arts in Bloomfield, New Jersey, Lewis spends her free time entertaining audiences with short form improv similar to that of the television show “Whose Line Is It, Anyway?” And despite her skill and wit, sometimes that means a face full of whipped cream in the troupe’s act called “Story, Story, Pie.” Each performer comes on stage carrying a whipped cream pie. The audience picks a story genre, and the performers must tell a coherent story, speaking only when the director points at them. As the finger moves faster, more performers stumble. And when they do, they must hit themselves in the face with a pie and leave. In the end, only one actor remains, untouched by the pie, to finish the story. “That’s a game I like to win,” Robin joked. Lewis’s comedy career began about 14 years ago, when the acting school where her husband, Bob (a professional actor) taught needed to lease a new space. They asked Robin to negotiate the lease. As a fledgling organization, they couldn’t offer her much money, but they could trade her services for free acting lessons. She accepted the offer, and it didn’t take long before she was hooked. She completed the school’s three levels of acting classes, then three levels of improvisation classes (taught by her husband). Soon it was time for her and her classmates to take their act in front of a real audience, so they formed Nutty Lewis’s comedy career began By Nature. about 14 years ago, when the Over the years, the group has performed at The New Jersey Performing Arts acting school where her husband, Center, the South Street Seaport, bookstores, corporate training events, private Bob (a professional actor) taught parties, universities, schools and other venues. The first Saturday of every month, needed to lease a new space. the 10-member group performs in a local cabaret room. They asked Robin to negotiate the Robin loves the creativity, spontaneity and interaction with the audience. lease. As a fledgling organization, “I have always loved the arts and theater,” Robin said. “So I guess this fed they couldn’t offer her much right into my frustrated artist personality.” money, but they could trade her Aside from making people laugh, the art of improvisation also has a lot to services for free acting lessons. teach, including communication and listening skills and how to think on your feet. For Lewis, being a good negotiator is essential as she works daily with developers, banks and businesses in acquisitions or sales, leasing and financing transactions. “Improv is a wonderful way to keep things fresh and keep your mind sharp, and I think that these are the skills that I carry back into my practice,” she said.

FALL 2010 27 Community Service Feature

The Florida Bar Foundation presented Joseph Milton with the Medal of Honor Award earlier this year for his leadership in promoting professionalism and ethics to members of The Florida Bar.

When Joseph P. Milton was awarded the nized not only for creating the outstanding helping to ensure the organization could highest honor given to an attorney by the professionalism program of The Florida provide outreach to the less fortunate. legal profession in Florida, he responded Bar in 1999, but also as the outstanding Joshua Whitman, partner at Milton, with the same humility and graciousness professional program in the United States Leach, Whitman, D’Andrea & Milton, that have earned him great respect in by the American Bar Association in 2001. P.A., said of his colleague: “One of his profession. As part of the professionalism the remarkable things about Joe is his “I was truly humbled,” Milton said in program, a plaque was displayed in the willingness to give to public service with a recent phone conversation. “Some of judges’ chambers stating, “Professional- the same intensity and commitment as he the past recipients are real legends, and it ism and Civility: Anything less will not practices law.” seems to me like they did a lot more than be tolerated.” Milton said, “It’s a solid As president of the Foundation of I have ever done. Out of 88,000 lawyers, reminder when lawyers get a little carried the American Board of Trial Advocates, that I would get this Medal of Honor, it away. A lot of judges would say, ‘Don’t Whitman said Milton was responsible for was certainly appreciated.” forget the sign.’” creating Justice by the People, a video The Florida Bar Foundation presented In a video tribute to Milton posted on curriculum that has taught 50 million Milton with the Medal of Honor Award the Florida Bar Foundation website, the school children across the country about earlier this year for his leadership in Hon. Donald Moran Jr., Chief Judge of the what lawyers do for the civil justice system promoting professionalism and ethics to Fourth Circuit, said the professionalism and what the system does for the people. members of The Florida Bar. Milton is a programs started by Milton set a tone that The values of professionalism and senior partner with Primerus member firm endures today. community service must be upheld in Milton, Leach, Whitman, D’Andrea & Milton also has worked throughout his the legal profession today, according to Milton, P.A. in Jacksonville, Florida. career as a strong advocate for the legal Milton. That’s one of the reasons he was “I have always felt that in addition to needs of the poor. He was recognized in attracted to Primerus and the Six Pillars. helping our clients solve their problems, 1981 with the Outstanding Service Award “If I need a lawyer in another city, the first we should also do whatever we can to of the Jacksonville Area Clients Council source I go to now is the Primerus web- help our communities and our profession for Individual Contribution in Support site. Yo u can assume Primerus lawyers are improve,” Milton said. “Early on in law of Legal Services for the Poor. He still a cut above the rest in providing quality school, we learned to be problem solvers. serves on the board of Jacksonville Area legal services and professionalism.” Who better is there to improve the legal Legal Aid. profession than people who have an apti- “He is a person of humanity and a Joseph P. Milton, Esq. tude to solve problems?” person of feelings, and he shows those Milton, Leach, Whitman, D’Andrea & Eslinger, P.A. When Milton was chairman of the through his actions,” Rutledge Liles, 815 South Main Street, Suite 200 Fourth Judicial Circuit Professionalism President of The Florida Bar in 1988, Jacksonville, Florida 32207 Committee, the circuit and the Jackson- said in the tribute. He credited Milton’s 904.346.3800 Phone ville Bar Association were jointly recog- work for Legal Aid, as well as large 904.346.3692 Fax capital contributions from his firm, with [email protected] www.miltonleach.com 28 THE PRIMERUS PARADIGM 2010 Member Listing – International Society of Primerus Law Firms

Primerus Business Law Institute Cavett & Fulton, P.C. LeBeau – Thelen, LLP Primerus Consumer Law Institute 6035 East Grant Road 5001 East Commercenter Drive, Suite 300 Tucson, Arizona (AZ) 85712 Bakersfield, California (CA) 93309 Primerus Defense Institute Contact: Anne M. Fulton-Cavett Contact: Thomas P. Feher Primerus International Business Law Institute Phone: 520.733.0100 Phone: 661.325.8962 Fax: 520.733.1800 Fax: 661.325.1127 www.cavettandfulton.com www.lebeauthelen.com United States Firms Arkansas Niesar & Vestal LLP Alabama 90 New Montgomery Street, Ninth Floor

Atchley, Russell, Waldrop & Hlavinka, L.L.P. San Francisco, California (CA) 94105 Briskman & Binion, P.C. 1710 Moores Lane 205 Church Street Contact: Gerald V. Niesar P.O. Box 5517 Phone: 415.882.5300 P.O. Box 43 Texarkana, Arkansas (AR) 75505 Mobile, Alabama (AL) 36602 Fax: 415.882.5400 Contact: Jeffery C. Lewis www.nwvlaw.com Contact: Mack Binion Phone: 903.792.8246 Phone: 251.433.7600 Fax: 903.792.5801 Neil, Dymott, Frank, McFall & Trexler APLC Fax: 251.433.4485 www.arwhlaw.com 1010 Second Ave., Suite 2500 www.briskman-binion.com San Diego, California (CA) 92101 California Christian & Small, LLP Contact: Hugh McCabe Financial Center, Suite 1800 Brydon Hugo & Parker Phone: 619.238.1712 505 North 20th Street 135 Main Street, 20th Floor Fax: 619.238.1562 Birmingham, Alabama (AL) 35203 San Francisco, California (CA) 94105 www.neildymott.com Contact: Duncan Y. Manley Contact: John R. Brydon Reiner, Simpson & Slaughter, LLP Phone: 205.795.6588 Phone: 415.808.0300 2851 Park Marina Drive, Suite 200 Fax: 205.328.7234 Fax: 415.808.0333 Redding, California (CA) 96001 www.csattorneys.com www.bhplaw.com Contact: Russell Reiner Phone: 530.241.1905 Arizona Coleman & Horowitt, LLP 499 West Shaw Avenue, Suite 116 Fax: 530.241.0622 Burch & Cracchiolo, P.A. Fresno, California (CA) 93704 www.reinerinjurylaw.com 702 East Osborn, Suite 200 Contact: Darryl J. Horowitt Robinson, Calcagnie & Robinson Phoenix, Arizona (AZ) 85014 Phone: 559.248.4820 620 Newport Center Drive, 7th Floor Contact: David M. Villadolid Fax: 559.248.4830 Newport Beach, California (CA) 92660 Phone: 602.274.7611 www.ch-law.com Contact: Mark P. Robinson, Jr. Fax: 602.234.0341 Phone: 949.720.1288 www.bcattorneys.com Ferris & Britton, A Professional Corporation 401 West A Street, Suite 2550 Fax: 949.720.1292 San Diego, California (CA) 92101 www.orangecountylaw.com Contact: Michael Weinstein Phone: 619.233.3131 Fax: 619.232.9316 www.ferrisbritton.com

FALL 2010 29 2010 Member Listing – International Society of Primerus Law Firms

Rutter Hobbs & Davidoff Incorporated Delaware Nicklaus & Associates, P.A. 1901 Avenue of the Stars, Suite 1700 4651 Ponce de Leon Boulevard Los Angeles, California (CA) 90067 Ferry, Joseph & Pearce, P.A. Suite 200 824 Market Street, Suite 904 Contact: Brian L. Davidoff Coral Gables, Florida (FL) 33146 P.O. Box 1351 Phone: 310.286.1700 Contact: Edward R. Nicklaus Wilmington, Delaware (DE) 19899 Fax: 310.286.1728 Phone: 305.460.9888 Contact: Robert K. Pearce www.rutterhobbs.com Fax: 305.460.9889 Phone: 302.575.1555 www.nicklauslaw.com Wilke, Fleury, Hoffelt, Gould & Birney, LLP Fax: 302.575.1714 400 Capitol Mall www.ferryjoseph.com Ogden, Sullivan & O’Connor, P.A. Twenty-Second Floor 113 South Armenia Avenue Sacramento, California (CA) 95814 District of Columbia Tampa, Florida (FL) 33609 Contact: Kelli M. Kennaday The Law Offices of Stewart & Stewart Contact: Tim V. Sullivan Phone: 916.441.2430 2100 M Street, N.W., Suite 200 Phone: 813.223.5111 Fax: 916.442.6664 Washington, District of Columbia (DC) 20037 Fax: 813.229.2336 www.wilkefleury.com Contact: Terence P. Stewart www.ogdensullivan.com Colorado Phone: 202.785.4185 Phoenix Law PLLC Fax: 202.466.1286 12800 University Drive, Suite 260

Robinson Waters & O’Dorisio, P.C. www.stewartlaw.com Fort Myers, Florida (FL) 33907 1099 18th Street, 26th Floor Contact: Charles PT Phoenix Denver, Colorado (CO) 80202 Thompson O’Donnell, LLP 1212 New York Avenue, N.W., Suite 1000 Phone: 239.461.0101 Contact: John W. O’Dorisio, Jr. Washington, District of Columbia (DC) 20005 Fax: 239.461.0083 Phone: 303.297.2600 Contact: Matthew Carlson, Esq. www.corporationcounsel.com Fax: 303.297.2750 Phone: 202.289.1133 www.rwolaw.com Saalfield, Shad, Jay, Stokes & Inclan, P.A. Fax: 202.289.0275 50 N. Laura St., Suite 2950 Starrs Mihm & Pulkrabek LLP www.thompson-odonnell.com Jacksonville, Florida (FL) 32202 707 Seventeenth Street, Suite 2600 Florida Contact: Harvey L. Jay, III Denver, Colorado (CO) 80202 Phone: 904.355.4401 Contact: Michael T. Mihm Bivins & Hemenway, P. A. Fax: 904.355.3503 Phone: 303.592.5900 1060 Bloomingdale Avenue Fax: 303.592.5910 Valrico (Tampa/Brandon area), Florida (FL) 33596 Sachs Sax Caplan, P.L. www.starrslaw.com Contact: Robert W. Bivins 6111 Broken Sound Parkway NW Phone: 813.643.4900 Suite 200 Zupkus & Angell, P.C. Boca Raton, Florida (FL) 33487 555 East 8th Avenue Fax: 813.643.4904 www.bhpalaw.com Contact: Daniel A. Kaskel Denver, Colorado (CO) 80203 Phone: 561.994.4499 Contact: Rick Angell Brown, Garganese, Weiss & D’Agresta, P.A. Fax: 561.994.4985 Phone: 303.894.8948 111 N. Orange Avenue, Suite 2000 www.ssclawfirm.com Fax: 303.894.0104 P.O. Box 2873 www.zalaw.com Orlando, Florida (FL) 32802 Georgia Connecticut Contact: Anthony A. Garganese Fain, Major & Brennan, P.C. Phone: 407.425.9566 100 Glenridge Point Parkway, Suite 500

Brody Wilkinson PC Fax: 407.425.9596 Atlanta, Georgia (GA) 30342 2507 Post Road www.orlandolaw.net Contact: Thomas E. Brennan Southport, Connecticut (CT) 06890 Phone: 404.688.6633 Contact: Thomas J. Walsh, Jr. Diaz, Reus & Targ, LLP 2600 Bank of America Tower Fax: 404.420.1544 Phone: 203.319.7100 100 Southeast 2nd Street www.fainmajor.com Fax: 203.254.1772 Miami, Florida (FL) 33131 www.brodywilk.com Hull Barrett, PC Contact: Michael Diaz, Jr. 801 Broad Street, Seventh Floor Mayo Crowe LLC Phone: 305.375.9220 Augusta, Georgia (GA) 30901 CityPlace II Fax: 305.375.8050 Contact: George R. Hall 185 Asylum Street www.diazreus.com Phone: 706.722.4481 Hartford, Connecticut (CT) 06103 Fax: 706.722.9779 Contact: David S. Hoopes Mateer & Harbert, PA Two Landmark Center, Suite 600 www.hullbarrett.com Phone: 860.275.6800 225 East Robinson Street Fax: 860.275.6819 Krevolin & Horst, LLC Orlando, Florida (FL) 32801 www.mayocrowe.com 1201 West Peachtree Street, NW Contact: Kurt E. Thalwitzer One Atlantic Center, Suite 3250 Szilagyi & Daly Phone: 407.425.9044 Atlanta, Georgia (GA) 30309 118 Oak Street Fax: 407.423.2016 Contact: Douglas P. Krevolin Hartford, Connecticut (CT) 06106 www.mateerharbert.com Phone: 404.888.9700 Contact: Frank J. Szilagyi Milton, Leach, Whitman, D’Andrea & Fax: 404.888.9577 Phone: 860.278.2650 www.khlawfirm.com Fax: 860.727.9243 Milton, P.A. 815 South Main Street, Suite 200 www.sdctlawfirm.com Tate Law Group, LLC Jacksonville, Florida (FL) 32207 2 E. Bryan St., Suite 600 Contact: Joseph Milton/Joshua Whitman Savannah, Georgia (GA) 31401 Phone: 904.346.3800 Contact: Mark A. Tate Fax: 904.346.3692 Phone: 912.234.3030 www.miltonleach.com Fax: 912.234.9700 www.tatelawgroup.com

30 THE PRIMERUS PARADIGM 2010 Member Listing – International Society of Primerus Law Firms

Hawaii Iowa Montgomery, Barnett, Brown, Read,

Hammond & Mintz, L.L.P. Roeca, Louie & Hiraoka Bradshaw, Fowler, Proctor & Fairgrave, P.C. 140 Essen Centre 900 Davies Pacific Center 801 Grand Avenue 5353 Essen Lane 841 Bishop Street Suite 3700 Baton Rouge, Louisiana (LA) 70809 Honolulu, Hawaii (HI) 96813 Des Moines, Iowa (IA) 50309 Contact: John Y. Pearce Contact: Arthur F. Roeca Contact: Jason C. Palmer Phone: 225.329.2800 Phone: 808.538.7500 Phone: 515.243.4191 Fax: 225.329.2850 Fax: 808.521.9648 Fax: 515.246.5808 www.monbar.com www.rlhlaw.com www.bradshawlaw.com Montgomery, Barnett, Brown, Read, Idaho Kansas Hammond & Mintz, L.L.P. Trout Jones Gledhill Fuhrman Gourley, P.A. Klenda, Mitchell, Austerman & 3300 Energy Centre 225 North 9th Street Zuercher, L.L.C. 1100 Poydras Street, Suite 3300 Suite 820 1600 Epic Center New Orleans, Louisiana (LA) 70163 Boise, Idaho (ID) 83702 301 North Main Street Contact: John Y. Pearce Contact: William Fuhrman Wichita, Kansas (KS) 67202 Phone: 504.585.3200 Phone: 208.331.1170 Contact: Gary M. Austerman Fax: 504.585.7688 Fax: 208.331.1529 Phone: 316.267.0331 www.monbar.com www.idalaw.com Fax: 316.267.0333 Maine www.kmazlaw.com Illinois The Bennett Law Firm, P.A. Kubasiak, Fylstra, Thorpe & Rotunno, P.C. Kentucky 121 Middle St., Suite 300 Two First National Plaza Ackerson & Yann, PLLC P.O. Box 7799 20 South Clark Street, 29th Floor One Riverfront Plaza Portland, Maine (ME) 04112 Chicago, Illinois (IL) 60603 401 W. Main St., Suite 1200 Contact: Peter Bennett Contact: Steven J. Rotunno Louisville, Kentucky (KY) 40202 Phone: 207.773.4775 Phone: 312.630.9600 Contact: Robert M. Yann Fax: 207.774.2366 Fax: 312.630.7939 Phone: 502.583.7400 www.thebennettlawfirm.com www.kftrlaw.com Fax: 502.589.4997 Maryland www.ackersonlegal.com Lane & Lane, LLC Dugan, Babij & Tolley, LLC 33 N. Dearborn St., Suite 2300 Blackburn, Domene & Burchett PLLC 1966 Greenspring Dr., Suite 500 Chicago, Illinois (IL) 60602 614 W. Main Street, Suite 3000 Timonium, Maryland (MD) 21093 Contact: Stephen I. Lane Louisville, Kentucky (KY) 40202 Contact: Henry E. Dugan, Jr. Phone: 312.332.1400 Contact: David Domene Phone: 800.408.2080 Fax: 312.899.8003 Phone: 502.584.1600 Fax: 410.308.1742 www.lane-lane.com Fax: 502.584.9971 www.medicalneg.com www.bhdlawky.com Quinn, Johnston, Henderson, Weinstock, Friedman & Friedman, P.A. Pretorius & Cerulo Fowler Measle & Bell PLLC 4 Reservoir Circle, 2nd Floor 227 NE Jefferson 300 West Vine Street, Suite 600 Baltimore, Maryland (MD) 21208 Peoria, Illinois (IL) 61602 Lexington, Kentucky (KY) 40507 Contact: Sidney S. Friedman Contact: Gregory A. Cerulo Contact: John E. Hinkel, Jr. Phone: 410.559.9000 Phone: 309.674.1133 Phone: 859.252.6700 Fax: 410.559.9009 Fax: 309.674.6503 Fax: 859.255.3735 www.weinstocklegal.com www.qjhpc.com www.fowlerlaw.com Williams Montgomery & John Ltd. Gary C. Johnson, PSC Massachusetts Willis Tower 110 Caroline Avenue Rudolph Friedmann LLP 233 South Wacker Drive, Suite 6100 P.O. Box 231 92 State Street Chicago, Illinois (IL) 60606 Pikeville, Kentucky (KY) 41501 Boston, Massachusetts (MA) 02109 Contact: Raymond Lyons, Jr. Contact: Gary C. Johnson Contact: James L. Rudolph Phone: 312.443.3200 Phone: 606.437.4002 Phone: 617.723.7700 Fax: 312.630.8500 Fax: 606.437.0021 Fax: 617.227.0313 www.willmont.com www.garycjohnson.com www.rflawyers.com Indiana Louisiana Zizik, Powers, O’Connell, Spaulding &

Lamontagne, P.C. Ayres Carr & Sullivan, P.C. Degan, Blanchard & Nash, PLC 690 Canton Street, Suite 306 251 East Ohio Street, Suite 500 6421 Perkins Road Westwood, Massachusetts (MA) 02090 Indianapolis, Indiana (IN) 46204 Building C, Suite B Contact: David W. Zizik Contact: Bret S. Clement Baton Rouge, Louisiana (LA) 70808 Phone: 781.320.5400 Phone: 317.636.3471 Contact: Sidney W. Degan, III Fax: 781.320.5444 Fax: 317.636.6575 Phone: 225.610.1110 www.zizikpowers.com Price Waicukauski & Riley, LLC Fax: 225.610.1220 301 Massachusetts Avenue www.degan.com Michigan Indianapolis, Indiana (IN) 46204 Degan, Blanchard & Nash, PLC Bos & Glazier, P.L.C. Contact: Henry J. Price Texaco Center, Suite 2600 990 Monroe Avenue NW Phone: 317.633.8787 400 Poydras Street Grand Rapids, Michigan (MI) 49503 Fax: 317.633.8797 New Orleans, Louisiana (LA) 70130 Contact: Carole D. Bos www.price-law.com Contact: Sidney W. Degan, III Phone: 616.458.6814 Phone: 504.529.3333 Fax: 616.459.8614 Fax: 504.529.3337 www.bosglazier.com www.degan.com

FALL 2010 31 2010 Member Listing – International Society of Primerus Law Firms

Buchanan & Buchanan, PLC Mississippi Nebraska 171 Monroe Avenue, NW, Suite 750 Grand Rapids, Michigan (MI) 49503 Dukes, Dukes, Keating & Faneca, P.A. Gast & McClellan 2909 13th Street, Sixth Floor Historic Reed Residence Contact: Robert J. Buchanan Gulfport, Mississippi (MS) 39501 503 South 36th Street Phone: 616.458.2464 Contact: Walter W. Dukes Omaha, Nebraska (NE) 68105 Fax: 616.458.0608 Phone: 228.868.1111 Contact: William E. Gast www.buchananfirm.com Fax: 228.863.2886 Phone: 402.343.1300 Calcutt Rogers & Boynton, PLLC www.ddkf.com Fax: 402.343.1313 109 E. Front Street, Suite 300 www.gastlawfirm.com Traverse City, Michigan (MI) 49684 Dukes, Dukes, Keating & Faneca, P.A. 100 Dudley W. Conner Street Contact: William B. Calcutt Nevada Hattiesburg, Mississippi (MS) 39401 Phone: 231.947.4000 Contact: W. Edward Hatten, Jr. Barron & Pruitt, LLP Fax: 231.947.4341 Phone: 228.868.1111 3890 West Ann Road www.crblawfirm.com Fax: 228.863.2886 North Las Vegas, Nevada (NV) 89031 Cardelli, Lanfear & Buikema, P.C. www.ddkf.com Contact: David L. Barron / Bill Pruitt Phone: 702.870.3940 322 West Lincoln Royal Oak, Michigan (MI) 48067 Merkel & Cocke Fax: 702.870.3950 30 Delta Avenue Contact: Thomas G. Cardelli www.barronpruitt.com Clarksdale, Mississippi (MS) 38614 Phone: 248.544.1100 Contact: Ted Connell Laxalt & Nomura, LTD Fax: 248.544.1191 Phone: 662.627.9641 9600 Gateway Drive www.cardellilaw.com Fax: 662.627.3592 Reno, Nevada (NV) 89521 Demorest Law Firm, PLLC www.merkel-cocke.com Contact: Robert A. Dotson 555 S. Old Woodward Ave., Suite 21U Phone: 775.322.1170 Birmingham, Michigan (MI) 48009 Missouri Fax: 775.322.1865 Contact: Mark S. Demorest Foland, Wickens, Eisfelder, www.laxalt-nomura.com Phone: 248.723.5500 Roper & Hofer, P.C. New Jersey Fax: 248.723.5588 911 Main Street www.demolaw.net Commerce Tower, 30th Floor Lesnevich & Marzano-Lesnevich, LLC Kansas City, Missouri (MO) 64105 Court Plaza South, Suite 250 Demorest Law Firm, PLLC 21 Main Street., West Wing 1537 Monroe St., Suite 300 Contact: Clay Crawford / Scott Hofer Phone: 816.472.7474 Hackensack, New Jersey (NJ) 07601 Dearborn, Michigan (MI) 48124 Contact: Walter A. Lesnevich Contact: Mark Demorest Fax: 816.472.6262 www.fwpclaw.com Phone: 201.488.1161 Phone: 313.278.5291 Fax: 201.488.1162 Fax: 248.723.5588 Gray, Ritter & Graham, P.C. www.lmllawyers.com www.demolaw.net 701 Market Street, 8th Floor Mandelbaum, Salsburg, Gold, St. Louis, Missouri (MO) 63101 McKeen & Associates, P.C. Lazris & Discenza P.C. 645 Griswold Street, 42nd Floor Contact: Patrick J. Hagerty Phone: 314.241.5620 155 Prospect Avenue Detroit, Michigan (MI) 48226 West Orange, New Jersey (NJ) 07052 Contact: Brian J. McKeen Fax: 314.241.4140 www.grgpc.com Contact: Stuart Gold Phone: 313.961.4400 Phone: 973.736.4600 Fax: 313.961.5985 The McCallister Law Firm, P.C. Fax: 973.325.7467 www.mckeenassociates.com 917 W. 43rd St. www.mandelbaumsalsburg.com Minnesota Kansas City, Missouri (MO) 64111 Contact: Brian F. McCallister Thomas Paschos & Associates, P.C. Johnson & Condon, P.A. Phone: 816.931.2229 30 North Haddon Avenue, Suite 200 7401 Metro Boulevard, Suite 600 Fax: 816.756.1181 Haddonfield, New Jersey (NJ) 08033 Minneapolis, Minnesota (MN) 55439 www.mccallisterlawfirm.com Contact: Thomas Paschos Contact: Dale O. Thornsjo Phone: 856.354.1900 Rosenblum, Goldenhersh, Silverstein & Fax: 856.354.6040 Phone: 952.831.6544 Fax: 952.831.1869 Zafft, P.C. www.paschoslaw.com 7733 Forsyth Boulevard, Fourth Floor www.johnson-condon.com St. Louis, Missouri (MO) 63105 New York

Monroe Moxness Berg PA Contact: Carl C. Lang Boylan, Brown, Code, Vigdor & Wilson, LLP 8000 Norman Center Drive, Suite 1000 Phone: 314.726.6868 2400 Chase Square Minneapolis, Minnesota (MN) 55437 Fax: 314.726.6786 Rochester, New York (NY) 14604 Contact: John E. Berg www.rgsz.com Contact: Robert E. Brown Phone: 952.885.5999 Phone: 585.232.5300 Fax: 952.885.5969 Wuestling & James, L.C. The Laclede Gas Building Fax: 585.232.3528 www.mmblawfirm.com 720 Olive St., Ste. 2020 www.boylanbrown.com

Robert P. Christensen, P.A. St. Louis, Missouri (MO) 63101 Coughlin & Gerhart, LLP 5775 Wayzata Blvd., Suite 670 Contact: Richard C. Wuestling 19 Chenango Street Minneapolis, Minnesota (MN) 55416 Phone: 314.421.6500 Binghamton, New York (NY) 13902 Contact: Robert P. Christensen Fax: 314.421.5556 Contact: James P. O’Brien Phone: 612.333.7733 www.wuestlingandjames.com Phone: 607.723.9511 Fax: 952.767.6846 Fax: 607.723.1530 www.rpcmnlaw.com www.cglawoffices.com

32 THE PRIMERUS PARADIGM 2010 Member Listing – International Society of Primerus Law Firms

Faraci Lange, LLP Teague Campbell Dennis & Gorham, L.L.P. Oklahoma Suite 1100 4800 Six Forks Road, Suite 300 28 East Main Street Raleigh, North Carolina (NC) 27609 Fogg Law Firm 421 S. Rock Island Rochester, New York (NY) 14614 Contact: George W. Dennis, III El Reno, Oklahoma (OK) 73036 Contact: Matthew Belanger Phone: 919.873.0166 Contact: Richard Fogg Phone: 585.325.5150 Fax: 919.873.1814 Phone: 405.262.3502 Fax: 585.325.3285 www.tcdg.com Fax: 405.295.1536 www.faraci.com Wall Esleeck Babcock LLP www.fogglawfirm.com

Ganfer & Shore, LLP 1076 West Fourth Street, Suite 100 360 Lexington Avenue Winston-Salem, North Carolina (NC) 27101 Foliart Huff Ottaway & Bottom 201 Robert S. Kerr Avenue, Suite 1200 New York, New York (NY) 10017 Contact: Robert E. Esleeck Oklahoma City, Oklahoma (OK) 73102 Contact: Mark Berman Phone: 336.722.6300 Contact: Larry D. Ottaway Phone: 212.922.9250 Fax: 336.722.2906 Phone: 405.232.4633 Fax: 212.922.9335 www.webllp.com Fax: 405.232.3462 www.ganferandshore.com Ohio www.oklahomacounsel.com Iseman, Cunningham, Riester & Hyde, LLP

9 Thurlow Terrace Freund, Freeze & Arnold The Handley Law Center 111 South Rock Island, P.O. Box 310 Albany, New York (NY) 12203 Fourth & Walnut Centre El Reno, Oklahoma (OK) 73036 Contact: Carol A. Hyde 105 East Fourth Street, Suite 1400 Contact: Fletcher D. Handley Jr. Phone: 518.462.3000 Cincinnati, Ohio (OH) 45202 Phone: 405.295.1924 Fax: 518.462.4199 Contact: Jennifer K. Nordstrom Fax: 405.262.3531 www.icrh.com Phone: 513.665.3500 Fax: 513.665.3503 www.handleylaw.com

Lewis Johs Avallone Aviles L.L.P. www.ffalaw.com 61 Broadway Suite 2000 James, Potts and Wulfers, Inc. 2600 Mid-Continent Tower New York City, New York (NY) 10006 Freund, Freeze & Arnold 401 South Boston Avenue Contacts: Robert J. Avallone, Fred C. Johs Fifth Third Center Tulsa, Oklahoma (OK) 74103 Phone: 212.233.7195 1 South Main Street, Suite 1800 Contact: David Wulfers Fax: 212.233.7196 Dayton, Ohio (OH) 45402 Phone: 918.584.0881 www.lewisjohs.com Contact: Kevin C. Connell Phone: 937.222.2424 Fax: 918.584.4521 North Carolina Fax: 937.222.5369 www.jpwlaw.com Horack, Talley, Pharr & Lowndes, P.A. www.ffalaw.com Smiling, Miller & Vaughn P.A. 2600 One Wachovia Center Lane, Alton & Horst LLC 9175 South Yale Avenue, Suite 150 301 South College Street Two Miranova Place, Suite 500 Tulsa, Oklahoma (OK) 74137 Charlotte, North Carolina (NC) 28202 Columbus, Ohio (OH) 43215 Contact: A. Mark Smiling Contact: Clayton S. “Smithy” Curry, Jr. Contact: Joseph A. Gerling Phone: 918.477.7500 Phone: 704.377.2500 Phone: 614.228.6885 Fax: 918.477.7510 Fax: 704.372.2619 Fax: 614.228.0146 www.smilinglaw.com www.horacktalley.com www.lanealton.com Oregon

Law firm of Hutchens, Senter & Britton, P.A. Norchi Forbes, LLC 4317 Ramsey Street Commerce Park IV Gordon & Polscer, L.L.C. 9755 S.W. Barnes Rd., Suite 650 Fayetteville, North Carolina (NC) 28311 23240 Chagrin Blvd., Suite 600 Portland, Oregon (OR) 97225 Contact: H. Terry Hutchens Cleveland, Ohio (OH) 44122 Contact: Thomas A. Gordon Phone: 910.864.6888 Contact: Kevin M. Norchi Phone: 503.242.2922 Fax: 910.867.9555 Phone: 216.514.9500 Fax: 503.242.1264 www.hsbfirm.com Fax: 216.514.4304 www.gordon-polscer.com Charles G. Monnett III & Associates www.norchilaw.com Haglund Kelley Horngren Jones & Wilder, LLP 200 Queens Road, Suite 300 Perantinides & Nolan Co., L.P.A. 101 SW Main, Suite 1800 P.O. Box 37206 300 Courtyard Square Portland, Oregon (OR) 97204 Charlotte, North Carolina (NC) 28237 80 S. Summit Contact: Michael E. Haglund Contact: Charles G. Monnett, III Akron, Ohio (OH) 44308 Phone: 503.225.0777 Phone: 704.376.1911 Contact: Paul G. Perantinides Fax: 503.225.1257 Fax: 704.376.1921 Phone: 330.253.5454 www.hk-law.com www.carolinalaw.com Fax: 330.253.6524 Richard L. Robertson & Associates, P.A. www.perantinides.com Pennsylvania 2730 East W.T. Harris Boulevard, Suite 101 Schneider, Smeltz, Ranney & LaFond P.L.L. Mellon Webster & Shelly Charlotte, North Carolina (NC) 28213 1111 Superior Avenue, Suite 1000 87 North Broad Street Contact: Richard L. Robertson Eaton Center Building Doylestown, Pennsylvania (PA) 18901 Phone: 704.597.5774 Cleveland, Ohio (OH) 44114 Contact: Steve Corr Fax: 704.599.5603 Contact: James D. Vail Phone: 215.348.7700 www.rlrobertson.com Phone: 216.696.4200 Fax: 215.348.0171 Smith Debnam Narron Drake Fax: 216.696.7303 www.mellonwebster.com www.ssrl.com Saintsing & Myers, LLP Peters & Wasilefski 4601 Six Forks Road, Suite 400 Watkins, Bates & Carey, LLP 2931 North Front Street Raleigh, North Carolina (NC) 27609 405 Madison Avenue, Suite 1900 Harrisburg, Pennsylvania (PA) 17110 Contact: Jerry T. Myers Toledo, Ohio (OH) 43604 Contact: Charles E. Wasilefski Phone: 919.250.2000 Contact: John M. Carey Phone: 717.238.7555 Fax: 919.250.2211 Phone: 419.241.2100 Fax: 717.238.7750 www.smithdebnamlaw.com Fax: 419.241.1960 www.pwlegal.com www.wbc-law.com

FALL 2010 33 2010 Member Listing – International Society of Primerus Law Firms

Picadio Sneath Miller & Norton, P.C. Spicer Rudstrom, PLLC Milby PLLC 4710 U.S. Steel Tower 175 Toyota Plaza, Suite 800 1909 Woodall Rodgers, Suite 500 600 Grant Street Memphis, Tennessee (TN) 38103 Dallas, Texas (TX) 75201 Pittsburgh, Pennsylvania (PA) 15219 Contact: Betty Ann Milligan Contact: Mitchell S. Milby Contact: Alan S. Miller Phone: 901.523.1333 Phone: 214.220.1210 Phone: 412.288.4000 Fax: 901.526.0213 Fax: 214.220.1218 Fax: 412.288.2405 www.spicerfirm.com www.milbyfirm.com www.psmn.com Spicer Rudstrom, PLLC Peterson Farris Pruitt & Parker Rothman Gordon 414 Union Street, Bank of America Tower, Chase Tower Third Floor, Grant Building Suite 1700 600 S. Tyler, Suite 1600 310 Grant Street Nashville, Tennessee (TN) 37219 Amarillo, Texas (TX) 79101 Pittsburgh, Pennsylvania (PA) 15219 Contact: Marc O. Dedman Contact: Barry D. Peterson Contact: William E. Lestitian Phone: 615.259.9080 Phone: 806.374.5317 Phone: 412.338.1100 Fax: 615.259.1522 Fax: 806.374.9755 Fax: 412.281.7304 www.spicerfirm.com www.pf-lawfirm.com www.rothmangordon.com Trauger & Tuke The Talaska Law Firm, PLLC The Law Offices of Thomas J. Wagner, LLC 222 Fourth Avenue North 1415 North Loop West, Suite 200 8 Penn Center, 6th Floor Nashville, Tennessee (TN) 37219 Houston, Texas (TX) 77008 1628 John F. Kennedy Boulevard Contact: Kathryn A. Stephenson Contact: Robert Talaska Philadelphia, Pennsylvania (PA) 19103 Phone: 615.256.8585 Phone: 713.869.1240 Contact: Thomas J. Wagner Fax: 615.256.7444 Fax: 713.869.1465 Phone: 215.790.0761 www.tntlaw.net www.talaskalawfirm.com Fax: 215.790.0762 Texas Thornton, Biechlin, Segrato, www.wagnerlaw.net Reynolds & Guerra, L.C. Atchley, Russell, Waldrop & Hlavinka, L.L.P. South Carolina 100 N.E. Loop, 410 – Fifth Floor 1710 Moores Lane San Antonio, Texas (TX) 78216

Collins & Lacy, P.C. P.O. Box 5517 Contact: Richard J. Reynolds, III 1330 Lady Street, Suite 601 Texarkana, Texas (TX) 75505 Phone: 210.342.5555 Columbia, South Carolina (SC) 29201 Contact: Jeffery C. Lewis Fax: 210.525.0666 Contact: Gray T. Culbreath Phone: 903.792.8246 www.thorntonfirm.com Phone: 803.256.2660 Fax: 903.792.5801 Fax: 803.771.4484 www.arwhlaw.com Thornton, Biechlin, Segrato, www.collinsandlacy.com Reynolds & Guerra, L.C. Branscomb, PC 418 East Dove Avenue

Roe Cassidy Coates & Price, P.A. 114 W. 7th St., Suite 725 McAllen, Texas (TX) 78504 1052 North Church Street (Office Zip Code 29601) Austin, Texas (TX) 78701 Contact: Tim K. Singley P.O. Box 10529 Contact: James H. Robichaux Phone: 956.630.3080 Greenville, South Carolina (SC) 29603 Phone: 512.322.5705 Fax: 956.630.0189 Contact: Carroll H. “Pete” Roe, Jr. Fax: 361.888.8504 www.thorntonfirm.com Phone: 864.349.2600 www.branscombpc.com Fax: 864.349.0303 Branscomb, PC Utah www.roecassidy.com 802 N. Carancahua, Suite 1900 Prince Yeates Rosen, Rosen & Hagood, LLC Corpus Christi, Texas (TX) 78470 175 East 400 South, Suite 900 134 Meeting Street, Suite 200 Contact: James H. Robichaux Salt Lake City, Utah (UT) 84111 P.O. Box 893 Phone: 361.888.9261 Contact: Michael Humphries Charleston, South Carolina (SC) 29401 Fax: 361.888.8504 Phone: 801.524.1000 Contact: Alice F. Paylor www.branscombpc.com Fax: 801.524.1098 Phone: 843.577.6726 Donato Minx Brown & Pool, P.C. www.princeyeates.com Fax: 843.724.8036 3200 Southwest Freeway, Suite 2300 Winder & Counsel, P.C. www.rrhlawfirm.com Houston, Texas (TX) 77027 175 West 200 South, Suite 4000 South Dakota Contact: Robert D. Brown P.O. Box 2668 Phone: 713.877.1112 Salt Lake City, Utah (UT) 84110

May & Johnson, P.C. Fax: 713.877.1138 Contact: Donald J. Winder 6805 South Minnesota Avenue, Suite 100 www.donatominxbrown.com Phone: 801.322.2222 P.O. Box 88738 Downs • Stanford, P.C. Fax: 801.322.2282 Sioux Falls, South Dakota (SD) 57109 www.windercounsel.com Contact: Mark J. Arndt 2001 Bryan Street, Suite 4000 Phone: 605.336.2565 Dallas, Texas (TX) 75201 Virginia Contact: Jay R. Downs Fax: 605.336.2604 Goodman Allen & Filetti, PLLC www.mayjohnson.com Phone: 214.748.7900 Fax: 214.748.4530 4501 Highwoods Parkway Tennessee www.downsstanford.com Suite 210 Glen Allen, Virginia (VA) 23060

Kennerly, Montgomery & Finley, P.C. Downs • Stanford, P.C. Contact: Charles M. Allen 550 Main Street 4425 S. Mopac, Bldg. 111, Suite 500 Phone: 804.346.0600 Knoxville, Tennessee (TN) 37901 Austin, Texas (TX) 78735 Fax: 804.346.5954 Contact: Jack Tallent, II Contact: Timothy U. Stanford www.goodmanallen.com Phone: 865.546.7311 Phone: 512.891.7771 Fax: 865.524.1773 Fax: 512.891.7772 www.kmfpc.com www.downsstanford.com

34 THE PRIMERUS PARADIGM 2010 Member Listing – International Society of Primerus Law Firms

Shapiro, Cooper, Lewis & Appleton, P.C. Canada Germany 1294 Diamond Springs Rd. Virginia Beach, Virginia (VA) 23455 Bertschi Orth Smith LLP Winheller Attorneys at Law Contact: James C. Lewis 1410 Blair Place, Suite 400 Corneliusstr. 34 Phone: 800.752.0042 Ottawa ON K1J 9B9 Frankfurt am Main, Hessen D-60325 Fax: 757.460.3428 Canada Contact: Stefan Winheller www.hsinjurylaw.com Contact: David Bertschi Phone: +49(0)69 7675 7780 Phone: 613.749.4700 Fax: +49(0)69 7675 77810 Washington Fax: 613.749.4703 www.winheller.com www.boslaw.ca Beresford Booth PLLC 145 3rd Avenue South Houser, Henry & Syron LLP Hungary Suite 200 2000 – 145 King Street West Fusthy & Manyai Law Office Edmonds, Washington (WA) 98020 Toronto, Ontario M5H 2B6 Lajos u. 74-76 Contact: David C. Tingstad Canada Budapest, Budapest H-1036 Phone: 425.776.4100 Contact: Michael R. Henry Contact: Dr. Zsolt Fusthy Fax: 425.776.1700 Phone: 416.362.3411 Phone: +(36 1) 454 1766 www.beresfordlaw.com Fax: 416.362.3757 Fax: +(36 1) 454 1777 www.houserhenry.com www.fusthylawoffice.hu Beresford Booth PLLC 1420 5th Avenue, Suite 2200 Seattle, Washington (WA) 98101 China Mexico Contact: Paul Brown Diaz, Reus & Targ, LLP Cacheaux Cavazos & Newton Phone: 425.776.4100 Plaza 66, Tower 1, 39th Floor Torre Metrocorp, Avenida Tecamachalco No. Fax: 425.776.1700 1266 W. Nanjing Road 14-502 www.beresfordlaw.com Shanghai 200040 Colonia Lomas de Chapultepec China Mexico City, Mexico C.P. 11010 Johnson, Graffe, Keay, Moniz & Wick, LLP Contact: Xin “Joe” Zhang Contact: Felipe Chapula 2115 N. 30th Street, Suite 101 Phone: +86 21 6103 7438 Phone: 011 52 55 5093-9700 Tacoma, Washington (WA) 98403-1767 Fax: +86 21 6103 7439 Fax: 011 52 55 5093-9701 Contact: A. Clarke Johnson www.diazreus.com www.ccn-law.com Phone: 253.572.5323 Fax: 253.572.5413 www.jgkmw.com Cyprus Netherlands Kinanis LLC Russell Advocaten Johnson, Graffe, Keay, Moniz & Wick, LLP 12 Egypt Street Reimersbeek 2 925 Fourth Avenue, Suite 2300 1097 Nicosia Amsterdam 1082 AG Seattle, Washington (WA) 98104-1158 Cyprus Netherlands Contact: John C. Graffe, Jr. Contact: Christos P. Kinanis Contact: Reinier Russell Phone: 206.223.4770 Tel: +357 22 55 88 88 Phone: +31 20 301 55 55 Fax: 206.386.7344 Fax: +357 22 75 97 77 Fax: +31 20 301 56 78 www.jgkmw.com www.kinanis.com www.russell.nl West Virginia England Puerto Rico The Masters Law Firm L.C. 181 Summers Street Ford & Warren Ferraiuoli Torres Marchand & Rovira, P.S.C. Charleston, West Virginia (WV) 25301 Westgate Point 221 Ponce de Leon Avenue Contact: Marvin W. Masters Westgate Suite 403 Phone: 800.342.3106 Leeds West Yorkshire LS1 2AX Hato Rey PR 00917 Fax: 304.342.3189 England Puerto Rico www.themasterslawfirm.com Contact: Peter McWilliams Contact: Eugenio Torres-Oyola Phone: +44 (0)113.243.6601 Phone: 787.766.7000 McNeer, Highland, McMunn and Varner, L.C. Fax: +44 (0)113.242.0905 Fax: 787.766.7001 BB&T Bank Building, 400 W. Main St. www.forwarn.com www.ftmrlaw.com P.O. Drawer 2040 Clarksburg, West Virginia (WV) 26302-2040 France Switzerland Contact: James A. Varner Phone: 304.626.1100 Vatier & Associés MME Partners Fax: 304.623.3035 12, rue d’Astorg Kreuzstrasse 42 www.wvlawyers.com Paris F 75008 Zurich, Zürich CH-8008 France Contact: Balz Hoesly Wisconsin Contact: Ann Creelman Phone: +41 44 254 99 66 Kohner, Mann & Kailas, S.C. Phone: +33 1 53 43 15 55 Fax: +41 44 254 99 60 Washington Building, Barnabas Business Center Fax: +33 1 53 43 15 78 www.mmepartners.ch 4650 N. Port Washington Road www.vatier-associes.com Milwaukee, Wisconsin (WI) 53212 Contacts: Steve Kailas / Stephen D.R. Taylor Greece Phone: 414.962.5110 Law offices of Karagounis & Partners Fax: 414.962.8725 18, Valaoritou St. www.kmksc.com Athens 10671 Greece Contact: Constantinos Karagounis Phone: +30 210 36 26 821 Fax: +30 210 36 19 617 www.karagounislawfirm.gr

FALL 2010 35 Primerus Business Law Institute

Michael R. Weinstein, PBLI Chair

In the last issue of Paradigm, our Presi- tives and in-house counsel that comprised Labor & Employment webinar; the clients dent, John C. “Jack” Buchanan, stressed the more than 30,000 attendees of the participating included HR managers, IT that the uniqueness of Primerus firms International Council of Shopping Centers managers, claims managers, and in-house goes beyond the high standards articu- (ICSC) in Las Vegas. counsel from a myriad of companies, both lated in the Six Pillars. Primerus firms In June, participation by 45 member small and large, and including but not build relationships with their clients as attorneys and 19 clients ensured the limited to several Fortune 500 companies. strategic partners, trusted advisors and tremendous success of our inaugural We look forward to a productive meet- good friends. Relationship building is Primerus Law Institute (PBLI) Sympo- ing and wonderful time at the Primerus certainly not limited, however, to our sium in Chicago. Attendees benefited Annual Meeting on October 14-16 in client relationships. As we manage our from substantive CLE programs put Napa Valley. Primerus will unveil exciting law firms, building relationships with on by our specialty groups and a lively new changes. Attendance at the Annual fellow Primerus law firms and attorneys panel discussion concerning the ACC Meeting is critical to leveraging the bene- is the critical element in maximizing the Value Challenge. Participants also took fits of Primerus for your firm and presents opportunities and added value afforded advantage of the tremendous networking an invaluable opportunity to network with by the Primerus alliance. That can most opportunities afforded at the Thursday your fellow Primerus attorneys. effectively be accomplished by weaving evening reception and throughout the Immediately following the Annual Primerus into the culture of your firm by Friday program. Participation surpassed Conference, on October 24-27, Primerus encouraging and, dare I say it, insisting that experienced several years ago at the is co-sponsoring and exhibiting for the on participation in Primerus events and first Client Convocation put on by our second straight year at the Association of activities by multiple attorneys. As you sister Primerus Defense Institute, and we Corporate Counsel (ACC) National Meet- peruse the update below describing the expect to match their successes in the ing in San Antonio. Several PBLI firms activities of the institute since the last coming years. At our Annual Meeting will be attending the meeting along with issue of Paradigm was published last in October we will discuss combining Primerus staff, and the Executive Com- May, I encourage you to consider and the annual PBLI Symposium with our mittee is hard at work planning for that commit to more widespread participation Winter Networking Meeting as a way to event. At that meeting we expect to build within your firms. Participation by many further leverage this opportunity for our upon the inroads made last year with the is the key to building the relationships member firms. ACC and its members. that allow our firms to most quickly and Our practice groups have continued See you in Napa! effectively leverage our opportunities as to meet monthly by teleconference and members of this terrific alliance. continue to ramp up their activities. In In May, I proudly reported that the June, the Labor & Employment Group first quarter 2010 started with a bang! I continued its series of seminars, present- am pleased to report that the reverbera- ing its webinar, “Navigating Uncharted tions have not subsided; we have truly Waters: Protection of Confidential Infor- Michael R. Weinstein capitalized on that inertia over the last mation in a Mobile Society.” And in July, Ferris & Britton, A Professional Corporation five months as we approach our Annual the Bankruptcy Practice Group followed 401 West A Street, Suite 2550 Meeting in October. suit, presenting its webinar, “Landlord San Diego, California 92101 In May, 13 members from the Real Rights in Bankruptcy,” focusing on what Estate and Commercial Law practice commercial landlords need to know when 619.233.3131 Phone groups took advantage of the opportunity their tenants file for Chapter 11 bank- 619.232.9316 Fax to promote the Primerus alliance to retail ruptcy. The response to these webinars [email protected] estate professionals, developers, retailers, continues to grow by leaps and bounds. www.ferrisbritton.com lenders, brokers, public officials, execu- By way of example, more than 70 clients and 40 Primerus attorneys attended the

36 THE PRIMERUS PARADIGM Primerus Consumer Law Institute

Donald J. Winder, PCLI Chair

Through my connection with Primerus at Hoffman acknowledged the purpose of On Saturday, our Insitute will large, and particularly with the Primerus the IRCA is to enact a comprehensive breakout into sessions on Lien Reim- Consumer Law Institute, I have had the scheme prohibiting employment of illegal bursements and Exhibits. The featured pleasure of developing relationships aliens in the United States. presenter on Lien Reimbursement will amongst fellow members. These relation- Not exactly the result you might want be Russell Boman, Esq. with Lien ships can lead to case referrals. But we from the plaintiff side, but a case you Negotiation Counsel. We will learn the should also consider the referral of case must know. I gladly paid Roger for his practical aspects and considerations of issues and expertise. time (which was modest). The point is, Self-Funded/ERISA Plans, Fully Insured One of my favorite examples of this we can retain each other for expertise Plans, Government (Medicare/Medicaid) highlights former Primerus member Roger on issues in cases. Taking advantage of, Liens, Special Needs Trusts and Asset Evans from Houston, who’s now teaching and actually using, the knowledge and Preservation. at a law school. It involves the referral of expertise of the more than 2,000 attorneys Lastly, we will have a presentation an issue within a case, and the use of our within Primerus only adds to the value of from High Impact Graphics, a company extranet. The issue was whether an illegal your membership. dedicated to adding clarity and value to alien plaintiff may recover economic We’ll have further opportunities to legal cases through the use of demonstra- damages based upon a U.S. wage loss. develop relationships with fellow mem- tive evidence. The year was 2003, and the cases we bers at the 2010 Primerus Annual Confer- I strongly encourage you to attend found on Westlaw were split. ence October 14-17 in Napa Valley. The this year’s conference. One of the greatest Roger, however, pointed out the PCLI Executive Committee and I have benefits of your Primerus membership is seminal case of Hoffman Plastic Com- been hard at work planning excellent the fellowship and relationships in our pounds, Inc. v. NLRB, 122 S. Ct. 1275 substantive sessions for our Group. Institute and the membership as a whole. (2002). Hoffman was not a personal injury The theme for this year’s conference The Annual Conference is one of the best case. It involved the interpretation of is “Positioning Your Firm in a Changed avenues we have to facilitate and develop the Immigration Reform and Control Act Economy.” Plenary sessions include these relationships. of 1968 (“the IRCA”). The Court held presentations by Jack Roberts (Peak the IRCA foreclosed the National Labor Positions), Fred Dirkse (OIC Group) and Relations Board from awarding back pay Marc Romano (Ignyte) on Search Engine to the undocumented aliens not legally Optimization, Website Design and Brand- authorized to work in the United States. ing, respectively. Additionally, we will be introduced to our new firms overseas, including Canada, China, England, France, Germany, Greece, Hungary, Mexico, Netherlands and Switzerland. Donald J. Winder

Winder & Counsel, PC 175 West 200 South, Suite 4000 P.O. Box 2668 Salt Lake City, Utah 84110-2668 801.322.2222 Phone 801.322.2282 Fax [email protected] www.windercounsel.com

FALL 2010 37 Primerus Defense Institute

Bradley C. Nahrstadt, PDI Chair

A lot has been happening in the Primerus sponsor at the Professional Liability revised letter to be sent to clients inform- Defense Institute since we concluded Underwriting Society annual meeting in ing them of Primerus and the benefits our most successful convocation ever in the fall. Plans are underway for a profes- Primerus can offer them. The chairs of April. First and foremost, we welcomed sional liability seminar in 2011. The the Practice Groups will report on the two new members to the PDI Client Retail/Hospitality/Entertainment activities of their groups and discuss ways Advisory Board – Phillip Bond from FFE Liability group has also been hard at for members to get more involved. Marc Transportation and Colleen Taylor from work, establishing membership require- Dedman will provide an update on the Werner Company. We look forward to ments, forming substantive subcommit- continuing legal education program for receiving their wise counsel and steady tees and discussing continuing legal the 2011 Convocation. There will also be leadership in the years to come. education opportunities for its members. a discussion regarding the size of future There are now several active Prac- As you can see, the Practice Groups Convocations and the current structure tice Groups within the PDI. The Insur- provide you with plenty of opportunities and make-up of the PDI leadership and ance Coverage and Bad Faith group has to get more involved in Primerus. I urge Practice Group committees. planned a not-to-be-missed seminar you to contact Ruth Martin or Vanessa Remember, Primerus is your orga- concerning insurance coverage and bad Crocetto and tell them how you would like nization. I cannot stress enough how faith issues September 23-24 in Chicago. to get involved. important it is for you to get involved with That group is also completing work on Finally, let me end with a few words the work that is taking place – to attend a compendium of bad faith law in all 50 about the Primerus Annual Conference, and, if possible, speak at the regional states. The Products Liability group is to be held October 14-17 in Napa Valley, seminars and webinars that are sponsored planning a series of webinars regarding California. This is the one time during the by the Practice Groups, to write for the issues frequently encountered in prod- year when all Primerus lawyers have an Paradigm or Defensively Speaking and, ucts cases and is also planning a stand- opportunity to spend time together and most importantly, to attend and actively alone seminar for 2011. The Trucking learn from one another. This meeting is a participate in the Convocation and the and Transportation group is updating its great opportunity to rekindle old friend- Annual Conference. “quick response” guide and is planning ships and make new ones. I look forward to seeing you all at an the next stand-alone seminar. There are several important items of event real soon! Two new Practice Groups have formed business that we will discuss during the since the PDI Convocation: Profes- PDI business meeting at the conference. sional Liability and Retail/Hospitality/ There will be a comprehensive discussion Entertainment Liability. The Professional of what transpired at the PDI Convoca- Liability group has already met several tion, as well as a report on the pertinent times via conference call and has been comments contained in the client surveys. instrumental in securing Primerus as a Duncan Manley will lead a discus- sion regarding the benefits of Primerus Bradley C. Nahrstadt membership. Tim Sullivan will discuss a Williams Montgomery & John Ltd. 233 South Wacker Drive, Suite 6100 Chicago, Illinois 60606 312.443.3200 Phone 312.630.8500 Fax [email protected] www.Willmont.com

38 THE PRIMERUS PARADIGM International Business Law Institute Canada

Michael R. Henry

Good news from Ontario Building owners can also develop Under pressure from retailers and Canada’s economy continues to flourish, and own a solar installation themselves. consumers, the planned expansion was despite the strong dollar. Employment Those choosing this option will face abandoned in July. For more, see www. rose by 93,000 in June, pushing the a longer list of project items, many of stewardshipontario.ca unemployment rate down to 7.9 percent. which will benefit from legal advice. Virtually all of June’s employment gains For more on the FIT program, go to Foreign ownership update: were in Ontario (+60,000) and Quebec http://fit.powerauthority.on.ca/. For In the last issue we noted Government (+30,000). For more, see the Statistics advice on specific client requirements, of Canada moves to ease foreign owner- Canada site at www.statcan.gc.ca. please contact us. ship rules. Since then, Amazon.com In this issue: Ontario has created has received permission to set up a a revenue opportunity for owners of Amendments to privacy legislation distribution center in Canada, and the warehouses and large retail stores. The The federal government is amending government has released a consulta- Ontario and Canadian governments have the Personal Information Protection and tion paper: Opening Canada’s Doors to eased existing or planned regulations Electronic Documents Act, (“PIPEDA”), Foreign Investment in Telecommunications: in the areas of privacy, eco-fees and first introduced in 2001. Included is a Options for Reform. For a PDF of the foreign ownership. new provision clarifying the right of a consultation paper, please email me at business to share personal information [email protected]. Ontario rooftops generate on its clients as part of the due diligence new revenues process in a proposed sale or merger. Ontario’s new solar energy incentives We recommend that companies with have created revenue opportunities for Canadian operations ensure their poli- owners of warehouses and large retail cies and procedures comply with privacy stores in the province. legislation. For more information, please The Feed-in Tariff (FIT) Program contact us. provides for attractively priced long-term contracts from Ontario’s power authority Eco-fee expansion nixed for green energy sources. In response, Ontario-resident companies with rev- several energy developers are offer- enues over $2 million that are brand ing programs to lease rooftops for solar owners or first importers are responsible installations. Ideal rooftops are flat, on for registering with Stewardship Ontario low-rise buildings and 50,000 square and for paying fees towards the safe feet or more in area. recycling of their products. Businesses interested in leasing Stewardship Ontario recognizes two Michael R. Henry rooftops to solar developers should broad categories of waste for recycling: review any existing lease or mortgage general and hazardous or special waste. Houser, Henry & Syron LLP agreements and the developer’s rooftop The special waste category contains 2000 - 145 King Street West lease contract. nine materials. Stewardship Ontario had Toronto, Ontario M5H 2B6 sought to increase that number to 22. 416.362.3411 Phone 416.362.3757 Fax [email protected] www.houserhenry.com

FALL 2010 39 International Business Law Institute Europe

Keith Hearn

Primerus International Business Law a European Directive applying to Society permits a UK lawyer referring a Institute is now a reality and will become all member states) but where there personal injury claimant to a US lawyer a major resource for Primerus lawyers. are subtle and difficult problems to take a share of any contingency fee (a The Institute already has members of jurisdictional application of that practice forbidden in the UK itself). That from China, Cyprus, England & Wales, commonality of law provides a potential fee way in excess of France, Germany, Greece, Hungary, what could be expected in the UK for the Switzerland, and The Netherlands. We Positioning a Law Firm in same type of case. can rapidly expect new members from International Business Second, you win more local business other European Union and European Eco- If we take the first mode – international in your own jurisdiction simply because nomic Area members states. Interest has law and conventions – there was a time you have the international network and also been shown from Asia and Africa. when a lot of firms, including ours, would accompanying credibility which your Once we count in the firms from Canada, run a mile from this. A key problem was client wants. Every reader of this column Mexico and Puerto Rico, this represents that it was difficult to get hold of the will know how difficult it is to get clients a powerful, and growing, force outside of information. Without access to the right to switch loyalties. Clients have loyalty the United States. specialized library, you were pretty well inertia. In a survey which we conducted stumped. Well, the internet has reduced about 80% of clients reported that they International Business the size of that obstacle because – maybe moved to us because three things hap- What is “international legal business” for a fee – that library can probably now pened at the same time: and how does a firm address its position be readily accessible. • because they were dissatisfied with in that market place? The phrase means If I take the second mode – cross bor- their current situation, and different things to different people: der work, most firms can develop greater • they had “heard of us” although many • there is a type of business which opportunities there if it wishes to. could not say how or where, and requires knowledge of international First, you may be a referrer of work to • they had a recommendation from law and conventions, because the a lawyer in another jurisdiction. However, someone whom they trusted substance of the problem is such a that does not always mean that you refer That is why practice building can take specialized field of law – not too many the job and it disappears from your view. much longer than we might hope for. of us are intimately acquainted with Sometimes it will, because your client Here’s hoping that you rapidly become an the General Agreement on Tariffs and will deal with that lawyer in that other expert in international business. Trade (but there are those in Primerus jurisdiction direct. However, a surpris- who are) ing number of clients do not always want • there is a type of business which is that. They may well want you to be the not so much international as “cross interface with that other lawyer because border” - the client is from another that adds value and comfort for them. Yo u Keith Hearn jurisdiction but the substantive law of need to ensure what the rules and respon- the problem in hand is going to be the sibilities of the relationship are, but then Ford & Warren law of your own state it works for both lawyers. Westgate Point • there are also various hybrid A referring lawyer should always Westgate conditions: the governing law across benefit from a job well done and a happy Leeds, West Yorkshire LS1 2AX borders is the same (say, for Europe, client. But they can benefit much more +44 (0)113.243.6601 Phone tangibly. Local regulators have different +44 (0)113.242.0905 Fax rules, but, for instance, the English Law [email protected] www.forwarn.com

40 THE PRIMERUS PARADIGM International Business Law Institute Mexico

Rene Cacheaux

How to Hire Mexican What’s a billable hour? Fighting like gatos and perros The structure and operation of law firms Finally, with respect to litigation in Legal Counsel in Mexico, and how attorney fees are Mexico, it is important to note that high- charged, are also different from systems level Mexican litigators often do not With cross-border trade in the NAFTA used in other countries. For example, in work within large law firms. In reality, it region continuing its rapid growth, it is Mexico it is quite common for attorneys is likely more difficult to locate and hire increasingly common for business people to charge a fixed fee per matter, or a per- a good litigation attorney who is able to and companies to require the services of centage fee based on the successful result communicate well in a foreign language. competent legal counsel in Mexico. The that may be obtained in a given case. In many cases, attorneys who are not liti- process of hiring an attorney or law firm Very few attorneys and firms in Mexico gation specialists become intermediaries in Mexico may seem to be a fairly simple charge fees based on hourly services in order to provide an acceptable level of matter, but for many, reality and experi- provided or specific time periods. communications and understanding in a ence show this is not the case. Further, it is still somewhat difficult to given litigation case find attorneys and firms that provide Press 1 for English detailed descriptions of their billing and CCN and Primerus The first problem encountered by many professional activities showing exactly Cacheaux, Cavazos & Newton offers its clients involves communication and how their services were provided. clients a different alternative. All of our language issues. In Mexico, few attorneys Mexico does not have the level of attorneys are bilingual, speaking English are able to effectively communicate in specialization in its legal system and and Spanish, and are able to bridge the English. Knowing the language is not the professional practice as other countries gap between the U.S. and Mexican legal only requirement; it is also indispensable such as the United States, where profes- systems. The firm adheres to standards for the Mexican attorney to have at least sionals tend to specialize in very specific of ethics and professional conduct that a working knowledge of legal system and areas. Mexican attorneys have broader apply in the U.S., including maintaining culture of the international client’s home experience and capacity over a wide professional responsibility insurance. country. This enables the Mexican at- array of areas. CCN concentrates on NAFTA torney to “translate” and explain Mexican business and litigation matters, which legal concepts to those of the legal system Oops… continue to increase throughout the U.S., from which the client originates, which In some countries attorneys maintain Canada and Mexico. The firm is proud to allows the international client to make professional malpractice insurance, thus serve as Primerus’ representative member informed decisions. protecting clients in cases of attorney firm in Mexico. In the case of U.S. clients, being able errors or omissions. Unfortunately, such to compare and explain the difference professional insurance is practically non- between legal systems is especially im- existent in Mexico, and any attempt to portant because of numerous procedural Rene Cacheaux successfully lodge a claim for profession- and substantive law differences that exist al malpractice is very difficult and costly Cacheaux Cavazos & Newton within their respective legal systems. with little chance of obtaining damages or Torre Metrocorp, While legal concepts and terms may often other results. Similarly, obtaining revoca- Avenida Tecamachalco No. 14-502 appear to be the same or similar, in reality Colonia Lomas de Chapultepec tion of an attorney’s license for malpractice such concepts are completely opposite. Mexico City, Mexico C.P. 11010 is virtually non-existent in Mexico. 210.244.0218 Phone 210.222.2453 Fax [email protected] www.ccn-law.com

FALL 2010 41 Primerus Practice Groups

Fall 2010

In addition to its four main institutes – Bankruptcy Commercial Law Institute: PBLI Institute: PBLI and PDI Primerus Business Law Institute (PBLI), Summary: Summary: Primerus Consumer Law Institute (PCLI), The Bankruptcy group is comprised of The Commercial Law group includes bankruptcy specialists from across the seasoned attorneys who devote a significant Primerus Defense Institute (PDI) and country who have represented the various portion of their practices to one or more interests in bankruptcy cases, including areas of business law. Primerus International Business Law debtors, creditors, vendors and purchasers The overarching goal of the group is of assets. to harness the collective expertise of its Institute (PIBLI) – Primerus also has member attorneys in a collaborative effort Membership Criteria: to reach and serve corporate clients and organized several practice groups to 1. Minimum of 10 years of practice in their in-house counsel. With the collective bankruptcy. resources of the group and the support and allow members to better serve clients. 2. The attorney spends at least 800 hours cross-selling power of Primerus, we plan per year in the practice of bankruptcy. Each practice group is further organizing to reach out collectively to prospective 3. The attorney obtains eight hours per year regional and national clients who might of continuing legal education in the area executive committees to include a chair, otherwise be inaccessible to individual of bankruptcy. Primerus member firms, with a view toward 4. Membership in organizations that focus vice chair, immediate past chair and two serving their commercial law needs without on bankruptcy. the large law firm price tag. members at large. 5. The attorney has published books or articles on the topic of bankruptcy. Membership Criteria: (Items 1, 2 and 3 are mandatory and 1. Minimum of five years of practice in 4 and 5 preferable.) commercial law. 2. Attorney spends a significant amount Events and Projects: of time practicing in the commercial • Hosted a March 4, 2010, webinar law area. entitled “Doing Business with Chapter 11 3. In addition, the majority of the members Debtors” presentead by Bruce Lawrence, obtain substantial continuing legal Boylan Brown Code Vigdor & Wilson, education (CLE) training, belong to LLP (Rochester, NY); Howard Meyers, numerous commercial law organizations Burch & Cracchiolo, P.A. (Phoenix, AZ); and publish articles regularly. and Taft McKinstry, Fowler Measle & Bell PLLC (Lexington, KY). Events and Projects: • Hosted a July 15, 2010, webinar entitled • Committee is working on a newsletter, “Landlord Rights in Bankruptcy” which will be sent to members and presented by Brian Davidoff of Rutter corporate clients offering information Hobbs & Davidoff (Los Angeles, CA) related to Commercial Law. and Rick Miller of Ferry Joseph & • Planning an October webinar on the Pearce (Wilmington, DE), which topic of “Commercial Lien and Bonds”. attracted over 40 member and corporate • Planning a December webinar on the client representatives. topic of “Commercial Litigation Best • Planning a November webinar, topic to Practices”. be announced. Contact People: Contact Person: Robert Bivins Brian Davidoff Bivins & Hemenway, P.A. Rutter Hobbs & Davidoff Inc. Valrico, Florida Los Angeles, California 813.643.4900 Phone 310.286.1700 Phone [email protected] [email protected] Charlie Shah Christian & Small, LLP Birmingham, Alabama 205.795.6588 Phone [email protected] 42 THE PRIMERUS PARADIGM Primerus Practice Groups – Fall 2010

Energy and Environmental Law Family and Matrimonial Law Insurance Coverage and Institute: PBLI Institute: All Bad Faith Institute: PDI Summary: Summary: The Primerus Business Law Institute is Primerus announces the formation of its Summary: pleased to announce the formation of the Family and Matrimonial Law practice The Insurance Coverage and Bad Faith Energy and Environmental Law Practice group, chaired by Madeline Marzano- Practice Group consists of PDI attorneys Group. Although the various areas of Lesnevich of Lesnevich & Marzano- with established insurance coverage and energy practice are flexible at this time, Lesnevich, LLC, in Hackensack, New bad faith litigation practices who are the initial emphasis will be on the topics Jersey, and vice-chair Paul Milligan of interested in sharing their experience of oil and natural gas law and practice, as Ford & Warren in Leeds, England. This with other PDI firms and clients. We have well as alternative energy sources such as group will serve the interest of its members members in the practice group representing nuclear, wind, and hydroelectric. With the by providing a forum for discussion of 36 states, the District of Columbia, and recent addition of a number of overseas law family law issues, including by listserv three Canadian provinces, thus assuring firms as Primerus members, we hope the ([email protected]) as well as a quarterly our ability to provide clients with quality creation of the Energy and Environmental e-newsletter concerning family law issues services throughout the United States Law Practice Group at this time will not that cross jurisdictional boundaries. and Canada. Our goals are to develop only allow collaboration among Primerus All Primerus members will receive the the equivalent of a strong and cohesive attorneys practicing in the United States e-newsletter, coordinated by Ryan Nowlin international law firm for insurance but also create a broader based network of of Schneider, Smeltz, Ranney & LaFond coverage and bad faith matters, and to Primerus law firms working not only in the P.L.L. in Cleveland, Ohio, and have the educate clients about the group and its United States but also in global oil and gas opportunity to become more familiar with capabilities. exploration, production, transportation and the group. Membership Criteria: delivery. Membership Criteria: 1. Actively practice law for a minimum of Membership Criteria: to be determined seven years. 1. A minimum of five years of practice in 2. Significant portion of practice dedicated Events and Projects: the area of mineral law. to Insurance Coverage & Bad Faith work At the 2011 Primerus Annual Conference, 2. That mineral law represents a substantial within the last two years. the Family and Matrimonial Law practice focus of their practice. 3. Minimum of five years experience in the group hopes to present a CLE program. practice area of Insurance Coverage & Events and Projects: Like the e-newsletter, the educational Bad Faith. No events planned at this time. program will focus upon family law issues 4. Actively pursuing CLE education in the common throughout all jurisdictions. Contact People: practice area of Insurance Coverage & Sara Epler of Beresford Booth PLLC in Bad Faith. David W. Wulfers Edmonds, Washington, chairs the CLE 5. Significant trial experience in defense James, Potts and Wulfers, Inc. program. Similarly, in light of valuable litigation . Tulsa, Oklahoma resources represented by the expert 918.584.0881 Phone witnesses who participate in family law Events and Projects: [email protected] cases, the group will form a database • Creating a national compendium. John Y. Pearce of experts recommended by Primerus • Hosted the Insurance Coverage and Bad Montgomery Barnett members. Ms. Epler also will coordinate Faith Seminar September 23-24, 2010, New Orleans, Louisiana this effort. at the Sutton Place in Chicago. 504.585.7674 Phone Contact Person: Contact People: [email protected] Madeline Marzano-Lesnevich Robert Avallone Lesnevich & Marzano-Lesnevich, LLC Lewis Johs Avallone Aviles L.L.P. Hackensack, New Jersey New York City, New York 201.488.1161 Phone 212.233.7195 Phone [email protected] [email protected] Paul Milligan John Brydon and Jeffrey Kaufman Ford & Warren Brydon Hugo & Parker Leeds, England San Francisco, California +44 (0)113.243.6601 Phone 415.808.0300 Phone [email protected] [email protected] [email protected]

FALL 2010 43 Primerus Practice Groups – Fall 2010

Intellectual Property Labor and Employment Liquidation of Commercial Debt Institute: PBLI and PDI Institute: PBLI and PDI Institute: PBLI and PDI Summary: Summary: Summary: In today’s complex technological world, Most Primerus clients are employers who The Commercial Debt Liquidation intellectual property portfolios are need advice and representation on issues Group (CDLG) represents an alternative increasingly valuable assets and are critical relating to their workforce. The Labor & to traditional collection of commercial to ongoing business success. Whether the Employment group has excellent coverage (business-to-business) debt. Comprised of IP is protected by patents, trademarks, of states across the country, which is independent law firms located throughout copyrights or trade secrets, attorneys in important due to significant differences North America and Europe, CDLG the Primerus Intellectual Property (IP) in state law and the need to have local members are prime examples of lawyers group provide sophisticated consulting, counsel in many employment litigation who have traditionally been sub-contracted prosecution and litigation services to our matters. This coverage helps Primerus by lay (non-lawyer) collectors when non- clients to protect their valuable intellectual firms compete against the large national legal methods have failed and have a property. The Primerus IP group includes firms that have labor and employment demonstrable record of recovering millions both business attorneys and trial lawyers lawyers in multiple states. of dollars of commercial debt, throughout who offer the full breadth and depth of North America and beyond. Membership Criteria: IP legal services to our clients. On the CDLG services cover the entire 1. Minimum of five years of practice in business side, we provide consulting and range of business-to-business collection labor and employment. agreements regarding licensing, non- activities, and typically cost no more, and 2. Labor and employment is a substantial disclosure, non-competition, websites, often less, than non-lawyer collection. We focus of the attorney’s practice. advertising and copyright registration, as also offer success-based payment options 3. Obtain substantial CLE training, belong well as patent and trademark prosecution comparable to those typically offered by to numerous labor and employment with the USPTO and under the Madrid non-lawyer collectors. organizations and publish articles Protocol. Our litigators have extensive Referring delinquent accounts to regularly. experience in prosecuting and defending lawyers creates an opportunity to increase claims of patent, trademark and copyright Events and Projects: collection percentages. Your debtors are infringement, false advertising, unfair • Planning an October webinar on the dealing with a law firm and legal letterhead competition, cybersquatting and claims topic of “Social Media and Employment from the outset. It is common sense that a under the Computer Fraud and Abuse Act. Law,” date to be announced. debtor’s decision as to whether and when • Planning a November or December to pay will be strongly influenced by the Membership Criteria: webinar, topic to be announced. perceived risk of immediate suit. CDLG 1. At least five years of experience and • Organizing a 2011 calendar of events. lawyers also offer more sophisticated spend a significant amount of their legal advantages. From the moment of receipt, practice in their IP practice area. Contact Person: your claims are in the hands of attorneys 2. Attend ongoing continuing legal Frank Melton with the experience to identify potential education in their IP practice area, Rutter Hobbs & Davidoff Inc. problems and to determine how to best and often speak and publish books and Los Angeles, California protect your interests. We continually articles on various IP topics. 310.286.1700 ext. 1836 Phone secure out-of-court solutions, often Events and Projects: [email protected] reinforced by additional contractual • Planning a Fall webinar; topic to be guarantees. If suit does become necessary, announced. CDLG lawyers have the experience to give • Creating a Client Advisory Board. candid legal assessments and to identify Contact Person: the methods and locations most likely to deliver the most-cost effective recovery. Henry M. Sneath Picadio Sneath Miller & Norton, P.C. continued on next page Pittsburgh, Pennsylvania 412.288.4013 Phone [email protected]

44 THE PRIMERUS PARADIGM Primerus Practice Groups – Fall 2010

Membership Criteria: Product Liability Professional Liability 1. A minimum of five years of practice in Institute: PDI Institute: PDI Liquidation of Corporate Debt, including trial practice. Summary: Summary: 2. That Liquidation of Corporate Debt and The Product Liability practice group The Professional Liability group includes commercial law represents a substantial consists of attorneys with established attorneys and clients who work in focus of their practice. product liability defense practices who are professional liability, including the defense 3. A commitment to substantial continuing interested in sharing their proficiency with of directors and officers, accountants, education in the fields of creditors’ other firms and clients. We have members architects, engineers, lawyers, medical rights, ancillary commercial law and representing 36 states, the District of professionals, real estate agents, insurance bankruptcy. Columbia, and three Canadian provinces, brokers and agents, public officials, home 4. Most members belong to other legal and thus assuring our ability to provide clients inspectors and the defense of employment business groups that also advance or with quality services throughout the practices liability matters, including, but address the issues of creditors’ rights United States and Canada. Our goals are not limited to, wage and hour and ADA and debt or asset recovery—many to develop the equivalent of a strong and matters. are regular speakers and writers on cohesive national law firm for product Anyone who works in this field knows effective business practice and legal liability defense matters, and to educate the special challenges these cases present. developments that affect creditor’s rights clients about the group and its capabilities. Yo u need to understand the technical or scientific issues involved. Yo u need and the successful enforcement of them. Membership Criteria: to be an experienced trial lawyer. Yo u 1. Actively practice law for a minimum of Events and Projects: need to have judgment and empathy to 10 years. • Hosted a “Liquidation of Commercial help another professional through one 2. Significant portion of practice dedicated Debt Webinar – Overview of Practice of the most difficult experiences they to Product Liability defense work in the Group Capability” on September 16, 2010. will have. Yo u need to be efficient. Your last two years. representation must also be cost effective. Contact People: 3. Minimum of five years experience in the We believe active involvement in this practice area of Product Liability. Steve Kailas group will help us all give better service to 4. Actively pursuing CLE education in the Kohner, Mann & Kailas, S.C. our clients. Milwaukee, Wisconsin practice area of Product Liability. 414.962.5110 Phone 5. Significant trial experience in defense Membership Criteria: [email protected] litigation. To be determined. [email protected] Events and Projects: Events and Projects: Stephen Taylor • Quarterly webinars presented to • Active participation on a national Kohner, Mann & Kailas, S.C. both PDI member firms and clients/ basis with PLUS (Professional Liability Milwaukee, Wisconsin prospective clients. Underwriting Society) 414.962.5110 Phone • Creating a National Compendium. • Quarterly webinars [email protected] • Planning a stand-alone seminar in 2012. • Newsletters • Regional seminars throughout the [email protected] Contact People: country Michael D. Crim Contact People: McNeer, Highland, McMunn and Varner, L.C. Clarksburg, West Virginia John Graffe 304.626.1100 Phone Johnson, Graffe, Keay, Moniz & Wick, LLP [email protected] Seattle, Washington 206.223.4770 Phone Raymond Lyons [email protected] Williams, Montgomery & John Ltd. Chicago, Illinois Kevin Norchi 312.443.3200 Phone Norchi Forbes LLC [email protected] Cleveland, Ohio 216.514.9500 Phone [email protected] Thomas Paschos Thomas Paschos & Associates, P.C. Haddonfield, New Jersey 856.354.1900 Phone [email protected]

FALL 2010 45 Primerus Practice Groups – Fall 2010

Real Estate Retail, Hospitality, Entertainment Transportation Institute: PBLI Liability Institute: PDI Institute: PDI Summary: Summary: The Real Estate Group offers experienced Summary: The Transportation group focuses on real estate lawyers to meet clients’ needs In the United States, our economy is assisting the transportation and trucking in the U.S. and other countries. These largely built upon the buying and selling industry in the defense of wrongful death, lawyers can handle a wide variety of of consumer goods and services. The personal injury, property damage and real estate transactions and litigation, companies that sell these goods and cargo claims. Member firms are prepared including purchases and sales, Section services include retailers, hotels and to assist with accident investigations and 1031 exchanges, leases, development restaurants and clubs. In addition, these assessment on an immediate basis. The agreements, construction contracts, entities deal with a multitude of vendors group has the ability to perform these tasks real estate financing, tax credits, loan to help them deliver what they are selling. all over the United States. workouts and land use issues. Many of Many of the firms belonging to the PDI Membership Criteria: our firms also have expertise in specific have active practices in these sectors. In To be determined. types of real estate projects, such as an effort to leverage this experience and multi-family housing, condominiums and know-how, Primerus has created the Retail/ Events and Projects: cooperatives, office buildings, shopping Hospitality/Entertainment Liability Group. To be determined. centers, or hotels. Unique local issues are The practice group will center Contact People: also covered, such as condominiums and completely upon litigation. The mission cooperatives in New York or oil and gas of the group will be: (1) to provide Jay Downs issues in Oklahoma and Louisiana. firms who practice in this area with a Downs • Stanford, P.C. platform to share best practices regarding Dallas, Texas Membership Criteria: both litigation management and risk 214.748.7900 Phone 1. Each attorney in the Real Estate Group reduction/prevention; and (2) enable [email protected] must have a minimum of five years clients of these firms to meet and get to of experience in real estate law and know other PDI firms that practice in Scott Hofer devote at least 800 hours per year to the jurisdictions in which they operate. Foland, Wickens, Eisfelder, Roper & Hofer, P.C. real estate practice. Prospective opportunities for these firms Kansas City, Missouri 2. Most of our real estate practitioners include periodic newsletters/e-blasts and 816.472.7474 Phone exceed those standards and are conferences dedicated exclusively to retail/ [email protected] recognized in their jurisdictions as hospitality/entertainment liability issues. top real estate advisors. Membership Criteria: Events and Projects: To be determined. The Real Estate Group is making the real estate community aware of its Events and Projects: services through the Primerus web site To be determined. and marketing materials. Primerus was Contact People: an exhibitor at the annual meeting of the International Council of Shopping Centers Christian B. Stegmaier in Las Vegas from May 22 through 25, Collins & Lacy, P.C. 2010. Several members of the Real Estate Columbia, South Carolina 29201 Group attended the event to promote the 803.256.2660 Phone Primerus alliance and meet prospective [email protected] clients. We plan to attend again in 2011. Timothy J. Owens Contact People: Lane, Alton & Horst LLC Columbus, Ohio Clare Abel 614.228.6885 Phone Burch & Cracchiolo, P.A. [email protected] Phoenix, Arizona 602.274.7611 Phone [email protected]

Mark Demorest Demorest Law Firm, PLLC Birmingham, Michigan 248.723.5500 Phone [email protected]

46 THE PRIMERUS PARADIGM Primerus Practice Groups – Fall 2010

Workers’ Compensation Young Lawyers Section Institute: PDI Institute: All Institutes Summary: Summary: No two states share the same workers’ As the newest section within Primerus, compensation law. Such diversity is the Young Lawyers Section (YLS) aims to a challenge to insurance carriers and provide young lawyers with the tools and employers alike. Lawmakers and regulators opportunities for professional and personal must balance stakeholder interests. States success. The goals of the YLS are to: act as laboratories experimenting with new facilitate and offer increased networking cost containment strategies in an attempt opportunities among the Young Lawyers to protect employers and their injured of Primerus, act as an avenue for the workers. Employers demand quality exchange of expert witness information medical care so their employees can return and legal research, and develop the to work as soon as they can. Employees Young Lawyers into the future leaders of seek adequate income replacement and Primerus. The YLS believes that active medical benefits. Insurance carriers involvement will help each of its members seek predictability and lower costs. in their professional growth as well as give Jurisdictional diversity and competing better service to their clients. interests require advice from legal counsel Membership Criteria: intimately familiar with the individual 1. Attorneys under the age of 40, or jurisdiction. 2. Admitted to practice for seven years The Primerus Workers’ Compensation or less. group is uniquely situated to provide legal advice to our clients from legal experts Events and Projects: across the United States. Primerus serves The Young Lawyers Section is hosting the our clients by providing sound legal advice, Opening Cocktail Reception at the 2010 vigorous defense, referrals to outstanding Primerus Annual Conference. Additionally, attorneys and lobbying to state legislators. an informal “happy hour” meeting of the Young Lawyers has been planned for the Membership Criteria: Annual Conference. To be determined. Contact Person: Events and Projects: To be determined. Andrew Gowdown Rosen, Rosen & Hagood, LLC Contact Person: Charleston, South Carolina Stuart Colburn 843.577.6726 Phone Downs • Stanford [email protected] Austin, Texas 512.891.7771 Phone [email protected]

FALL 2010 47 Calendar of Events

2010 and 2011

October 11-12, 2010 – Cottingham & Butler Mock Trial Dubuque, Iowa Six Primerus transportation defense attorneys are participating in an in-house mock trial for Cottingham & Butler insured motor carriers. October 14-17, 2010 – Primerus Annual Conference The Villagio Inn & Spa, Napa Valley, California October 20, 2010 – Professional Liability Practice Group - Medical Malpractice Webinar Noon Eastern, 9:00 AM Pacific October 24-27, 2010 – Association of Corporate Counsel (ACC) Annual Meeting San Antonio, Texas Primerus is an exhibitor and sponsor for 2010 ACC Annual Meeting. November 3-4, 2010 – Cottingham & Butler Mock Trial Charlotte, North Carolina Six Primerus transportation defense attorneys are participating in an in-house mock trial for Cottingham & Butler insured motor carriers. November 3-5, 2010 – American Bar Association (ABA) International Section Meeting Paris, France Primerus is an exhibitor and sponsor at the 2010 ABA International Section meeting. November 10-12, 2010 – Professional Liability Underwriting Society (PLUS) International Conference San Antonio, Texas Primerus is a sponsor at the 2010 PLUS International Conference. January 11-14, 2011 – AM&AA Winter Conference New Orleans, Louisiana Primerus is a sponsor at the 2011 AM&AA Winter Conference. February 10-11, 2011 – Primerus Defense Institute (PDI) Transportation Seminar Gaylord Texan Resort, Dallas, Texas March 2-6, 2011 – Primerus Consumer Law Institute Winter Conference Costa Rica April 7-10, 2011 – Primerus Defense Institute (PDI) Convocation Ritz Carlton Hotel, Naples, Florida May 10-12, 2011 - Third Global M&A Symposium London, England Primerus and the Alliance of Merger & Acquisition Advisors (AM&AA) are co-hosting this event.

For additional information, please contact Chad Sluss, Primerus Director of Services, at 800.968.2211 or [email protected].

International Society of Primerus Law Firms

171 Monroe Avenue NW, Suite 750 Grand Rapids, Michigan 49503

800.968.2211 Toll-free Phone 616.458.7099 Fax www.primerus.com