Monthly Archives: April 2012

Ohio Energy Forum: Impacts of the rapidly developing oil and gas industry in Ohio

On April 13, 2012, McDonald Hopkins hosted the Ohio Energy Forum, which focused on the impact of shale exploration, drilling and extraction on companies doing business in Ohio. The keynote speaker at the event was Tom Ridge, the first Secretary of the U.S. Department of Homeland Security and former Governor of Pennsylvania, who now heads a firm that serves as a consultant to the energy industry. Mr. Ridge, along with a panel of experts, spoke candidly about business opportunities and challenges presented by the production of oil and gas from the Marcellus and Utica shale formations in Ohio.

Click here to read The Plain Dealer article that covered the event.

Transformational impact

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Breach Of Warranty & Product Liability Claims Dismissed Against Auto Service Provider

In 2008, the parents of Sean Reeps, brought suit against BMW, Martin Motor Sales and Hassel Motors (“Hassel”), alleging that Sean’s mother, Debra, was exposed to gasoline fumes in the family’s BMW during her pregancy, which resulted in Sean being born with birth defects. The Complaint alleged causes of action in (1) negligence; (2) strict products liability; (3) breach of express warranty; and (4) breach of implied warranty (merchantability) . The timeline of events is as follows:

1991-In March and again in November, Reeps bring their 1989 BMW 525i to Hassel Motors, a licensed BMW dealer, to fix an exhaust odor inside the car.  Dealer fails to identiify an exhaust odor in March, but later identifies problem as a split fuel hose and repairs it under warranty.

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Robert D. Butters hosts Trinity College Faculty Lecture event in Chicago office

Arnstein & Lehr Attorney Robert D. Butters

Robert D. Butters

Arnstein & Lehr Chicago Partner Robert D. Butters hosted a faculty lecture and reception at Arnstein & Lehr’s Chicago office on April 12. The two-hour event began at 6 p.m. with networking, wine and hors d’oeuvres, followed by a lecture by Trinity College Professor Kevin McMahon. The title of the talk was “Nixon Court: His Challenge to Judicial Liberalism and Its Political Consequences.” The event concluded with questions and answers from the audience as well as more socializing.

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Richard L. Rosenbaum quoted in Huffington Post and USA Today on Trayvon Martin case

Arnstein & Lehr Attorney Richard L. Rosenbaum

Richard L. Rosenbaum

Arnstein & Lehr Fort Lauderdale Partner Richard L. Rosenbaum was quoted in an April 9 article in The Huffington Post, titled “Trayvon Martin Case: Special Prosecutor Called Off Grand Jury, Will Decide Zimmerman’s Fate.” Richard was also quoted in an April 9 article in USA Today titled “Grand jury canceled in Trayvon Martin case.” The articles discuss the decision by Florida special prosecutor, Angela Corey, to not use a grand jury regarding the killing of Trayvon Martin by George Zimmerman. Mr. Rosenbaum comments that deciding on charges without a grand jury is a fair way to sort out the evidence against Zimmerman and that it is a good sign for the defense.

To read the Huffington Post article in full, please click here.
To read the USA Today article in full, please click here.

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Phillip M. Hudson III quoted in Daily Business Review on bankruptcy auction of Doral land

Arnstein & Lehr Attorney Phillip M. Hudson

Phillip M. Hudson

Arnstein & Lehr Miami Partner Phillip M. Hudson III was quoted in an April 16 article in the Daily Business Review. The article, titled “Prime Doral land scheduled for bankruptcy auction,” discusses the June 15 bankruptcy auction of Town Center at Doral, a failed development project. The auction will be held at Arnstein & Lehr’s Miami office. Mr. Hudson comments that Town Center and Terra Landmark approached the firm to have a discussion that resulted in an agreement that allows Terra to participate in the auction.

To read the article in full, please click here.

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Richard L. Rosenbaum quoted in The Tucson Insider on stand-your-ground laws

Arnstein & Lehr Attorney Richard L. Rosenbaum

Richard L. Rosenbaum

Arnstein & Lehr Fort Lauderdale Partner Richard L. Rosenbaum was quoted in a March 21 article in The Tucson Insider. The article, titled “Debate triggered over stand-your-ground laws” discusses the public outcry after the fatal shooting of Trayvon Martin to change or repeals Florida’s “stand your ground” law that allows citizens to use deadly force against someone else if they fear for their life, without the need to retreat if threatened or attacked. Mr. Rosenbaum comments that the law has helped people with self-defense grounds that otherwise would have been found guilty.

To read the article in full, please click here.

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Should Employers and Facebook Be Friends?

by Ian Gabriel Nanos

Like it or not, we live in a digital-age, and how people choose to define themselves is often readily showcased on social networking sites such as Facebook.  Given the candid manner many individuals express themselves on their social networking profiles, it’s only natural that employers have started to pay attention.  Why wouldn’t they? Employers want to pick the right person for the job and that their employees do not disparage the company or act in a manner that threatens workplace security.  But when news spread that a few employers were demanding access to applicants’ on-line profiles, many – including businesses and members of Congress –decried this practice as an unwarranted intrusion of privacy.

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Andra Rubene on challenging decisions of the state notary of the Enterprise Register

Andra Rubene

In April 3, 2012 issue of newspaper “Dienas Bizness” attorney at law Andra Rubene from law office TARK GRUNTE SUTKIENE comments on the tendency of decrease in the number of the challenged decisions issued by the state notary of the Enterprise Register. The attorney at law points out that having evaluated the perspective length, resources and result of litigation, it is advantageous to administratively challenge a decision of the state notary only in case the established defect preventing effective registration in the Commercial Register cannot be easily eliminated. In cases when the allegedly established defect can be easily eliminated, business persons in order to save time and resources will typically eliminate this defect without challenging the decision, also in such cases when they will not agree with the opinion of the Enterprise Register.

As a separate reason for the decrease in the appealed decisions, Andra Rubene indicates that assessment of facts and resolution of disputes between shareholders of capital companies do not fall in the competence of the Enterprise Register and administrative courts, but should be heard in civil courts.

Click here to read the publication (available in Latvian).

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ILN Today Post

IDR and EDR Thoughts

Industry has expressed two significant concerns about the operation of EDR schemes. Are the concerns justified?

Before discussing the issue, I must record that I am a director of Credit Ombudsman Services Limited (COSL) and the comments in this document are mine and do not reflect the view of COSL or the COSL Ombudsman.

There are two main External Dispute Resolution schemes (EDRs) used by businesses regulated by the National Consumer Credit Protection Act (NCCP Act) – namely FOS (Financial Ombudsman Services) and COSL. Both EDRs establish rules which to a large degree are dictated by ASIC’s Regulatory Guides RG139 and RG165. More…

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JOBS Act Provides Encouragement for Start-Ups and Emerging Growth Companies

On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act or JOBS Act.  In light of the sharp decline in the number of companies entering the U.S. capital markets through IPOs over the last ten years, Congress recognized a need for this legislation since small companies are critical to economic growth and job creation.  To promote growth and assist small companies in gaining access to capital, the JOBS Act amends the securities laws in several ways, which include the following:

(i)                  Establishes a new category of issuers known as “Emerging Growth Companies” (EGCs) which are issuers that have total annual gross revenues of less than $1 billion (after December 8, 2011).  EGCs  are exempt from certain regulatory requirements until the earliest of the date (a) five years from the date of their IPO, (b) they have $1 billion in annual gross revenue or (c) they become a large accelerated filer (i.e. a company with worldwide public float of $700 million or more);

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