Monthly Archives: July 2012

"How to minimize the risk of, or respond to a data breach," Jim Giszczak and Dominic Paluzzi for Smart Business Magazine

In today’s electronic age, Personal Information (PI) and Protected Health Information (PHI) are being stored on multiple technological devices. Data security is increasingly a concern as companies have become targets for people, both internally and externally, misappropriating private information.

“What is most important in the data privacy arena is for your organization to partner with vendors that have significant experience advising clients on best practices, security and storage policies that deal with data breaches, while complying with state and international data security laws,” says James J. Giszczak, a member at McDonald Hopkins. “This area of law is rapidly changing and it’s critical that the complex privacy laws are both understood and followed.” 

Read full article

Matthew J. Samsa joins the Business Department at McDonald Hopkins law firm

Cleveland, Ohio, (August 1, 2012) – Matthew J. Samsa has joined the Business Department at McDonald Hopkins LLC as an associate. He will primarily practice in the area of mergers and acquisitions. Before joining McDonald Hopkins, Samsa was at Benesch Friedlander Coplan & Aronoff LLP for four years.

“We are very pleased that Matthew has joined our business team,” said Charles B. Zellmer, chair of the firm’s Business Department. “He will be helping our clients execute all aspects of complex merger and acquisition activities.” The Mergers and Acquisitions Practice at McDonald Hopkins, which has more than 20 attorneys, has executed hundreds of acquisitions and divestitures involving privately held companies, private equity funds, divisions of public companies, and individual entrepreneurs. 

Read full article

State Fracking Disclosure Requirements

Opponents of fracking argue that it is necessary for the public, and health and safety professionals, to have full access to information on the constituents of hydraulic fracturing fluids and waste. In a report released on July 26, 2012 titled, “State Hydraulic Fracturing Disclosure Rules and Enforcement: A Comparison,” the Natural Resources Defense Counsel (“NRDC”) argues that no state can boast a comprehensive chemical disclosure requirement for oil and natural gas producers using hydraulic fracturing. In an article, dated July 31, 2012, Bloomberg BNA Toxics Law Reporter reported on NRDC’s assertion that “each of the state rules we analyzed has significant gaps in its requirements.”

Read full article

Recent Religious Discrimination Cases: Thou Shalt Train Recruiters About Religious Discrimination

by: Lauri F. Rasnick and Margaret C. Thering*

Title VII of the Civil Rights of 1964 (“Title VII”) not only prohibits employers from discriminating against employees or prospective employees because of their religion, but it also requires employers to “reasonably accommodate” the religious practices of employees provided that such reasonable accommodations do not cause the employer “undue hardship.”  According to the EEOC Compliance Manual, reasonable accommodations may include, among others, scheduling changes, voluntary shift swaps, lateral transfers, and other workplace policy/practice modifications.

Read full article

Attorney Ronald Cohn named Tampa office managing partner

Ronald B. Cohn

Arnstein & Lehr recently announced that Ronald B. Cohn has been promoted to managing partner of its Tampa office. Mr. Cohn, who focuses his practice primarily on business and commercial litigation, real estate law and creditor’s rights, joined the firm in 2005 as a partner, when his prior firm, Cohn & Cohn, P.A. merged with Arnstein & Lehr.

With 25+ years experience, Mr. Cohn is admitted to practice in Florida, Maryland, the District of Columbia, the U.S. District Court for the Middle District of Florida, the U.S. District Court for the Southern District of Florida, the Eleventh Circuit of the U.S. Court of Appeals, and the U.S. Supreme Court.

Read full article

Harley Storrings quoted in Society for Human Resource Management newsletter on FLSA lawsuits

Arnstein & Lehr Attorney Harley Storrings

Harley Storrings

Arnstein & Lehr Miami Partner Harley Storrings was quoted in the July issue of The Society for Human Resource Management newsletter. The article, titled “FLSA: The Dinosaur in the Room,” discusses the Fair Labor Standards Act of 1938 and the increase in lawsuits as the law has increasingly fallen out of step with the modern workplace. Regarding off-the-clock work, Mr. Storrings comments that broad interpretations of what constitutes de minimis work are problematic because in many cases responding to certain e-mails and phone calls immediately is imperative.

To read the article in full, please click here.

Read full article

Richard L. Rosenbaum appears in Sun Sentinel as defense lawyer for attempted murder case of Broward Sheriff’s deputy

Arnstein & Lehr Attorney Richard L. Rosenbaum

Richard L. Rosenbaum

Arnstein & Lehr Fort Lauderdale Partner Richard L. Rosenbaum’s name appeared as defense lawyer for Kyan Bucknor in a July 24 article in The South Florida Sun Sentinel, titled “Shooting victim’s forgiveness undercut by defendant’s refusal to confess.” The article discusses the conviction of Bucknor for the 1999 attempted murder of Broward Sheriff Deputy Alcibiades Hibbert, who survived the shooting and asked the judge to give Bucknor another chance at freedom. Bucknor, however, refused to admit he shot Hibbert, blaming it on a friend. Originally sentenced to life in prison, Bucknor had to be re-sentenced in light of a 2010 U.S. Supreme Court decision abolishing life terms for juveniles except in homicide cases. The article explains Mr. Rosenbaum’s request to the judge to sentence Bucknor to 35 years in prison, enough to punish him for the crime while giving him a chance to live a productive life after his release.

To read the article in full, click here.

Read full article

Thomas F. McGuire discusses the tax implications of going green at design seminar

Arnstein & Lehr Attorney Thomas F. McGuire

Thomas F. McGuire

Arnstein & Lehr Chicago Partner Thomas F. McGuire participated in Finding Value in Building Green, a free seminar held July 28 at the Orren Pickell Design Showroom in Northfield, Illinois. Mr. McGuire participated with design experts who shed light on the benefits of incorporating eco-friendly options – from environment, health, sustainability, and work place safety. They also demonstrated how to incorporate these environmentally-sound choices in an existing home, new construction or remodel. During his presentation, Mr. McGuire addressed the tax implications of building green. Orren Pickell Designers & Builders is an architectural, home building and remodeling business based in Lake Bluff, Illinois.

Read full article

Steven L. Daniels featured in Palm Beach Post for his leadership role with Florida’s Anti-Defamation League

Arnstein & Lehr Attorney Steven L. Daniels

Steven L. Daniels

Arnstein & Lehr West Palm Beach Partner Steven L. Daniels was featured in a July 29 article in the Palm Beach Post, titled “Moving Up: Steven Daniels takes leadership role with Florida Anti-Defamation League.” Mr. Daniels, who was recently named chair of the Anti-Defamation League Florida Regional Board, has volunteered with the ADL since 1988. The article also mentions that Mr. Daniels is an ADL national commissioner, past Florida regional development chair, past ADL Florida international affairs committee co-chair and graduate of ADL’s Steinberg leadership institute. In addition to describing the scope of his real estate practice, the article amusingly describes Steve’s desire to be a lawyer from early on due to T.V. lawyer shows and quotes Mr. Daniels’s favorite choice of attire due to the influence of those shows.

To read the article in full, click here.

Read full article

SCOTUS Decision on the PPACA – Impact of the Upcoming Election & Implications for Employers

Our series recapping the Epstein Becker & Green webinar on the Supreme Court’s Decision regarding Obamacare continues! Today, we’ll be talking about the impact of the upcoming election on the plan, as well as the implications for employers.

Impact of the Upcoming Election

Lynn asked the panelists to comment on the Presidential election and the swing states, saying that there wasn’t even agreement among the panelists as to which states are the swing states. Bill agreed, and said that both political parties count different states as swing states. He thinks that the six states that both parties agree on as swing states are Colorado, Nevada, Florida, Ohio, Virginia and Pennsylvania. 

Read full article