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For further information regarding the following
articles, please E-mail Larry Bodine. "Mutual Holding Companies: Do Policyholders Benefit?" an article
by Dick Clemens, was published in the January 15, 1999 issue of Probe,
an insurance industry newsletter.
"Late Filings in Rule 506 Offerings: Can the States Impose Rescission
Rights?" an article by David Katz, recently appeared in The Blue
Sky Bugle, a publication of the ABA's Business Law Section.
Mark Kaufmann's article, "The Year 2000 Information Readiness and
Disclosure Act: A Partial Cure for the Year 2000 Bug?" was published
in the December 1998 issue of Chicago Software News.
"Unanimous Censure, Immediate Shunning," an article by Alan Raul,
was published in the December 10 issue of The Los Angeles Times.
In the article, Alan argues that bipartisan censure of President Clinton
is preferable to partisan impeachment in the face of public indifference.
"Plugging the Bullet Holes in U.S. Gun Law: An Ammunition-Based Proposal
for Tightening Gun Control," an article by Brendan Healey, was published
in the Fall 1998 issue of the John Marshall Law Review, Vol. 32,
No. 1.
"Jumping to Conclusions in ‘Jumping the Queue,'" a book review
by Andrew Weis, was published in the November 1998 issue of the Stanford
Law Review. The review critically examines Jumping the Queue: An Inquiry
into the Legal Treatment of Students with Learning Disabilities, a Harvard
University Press book by professors Mark Kelman of Stanford and Gillian
Lester of UCLA.
Tom Merrill and former S&A lawyer Joseph Kearney are the authors
of "The Great Transformation of Regulated Industries Law," an article
published in the October 1998 issue of the Columbia Law Review.
Tom Merrill is co-author of the article "Does the Constitution Require
That We Kill the Competitive Goose? Pricing Local Phone Services to
Rivals," published in the October 1998 issue of the New York University
Law Review. Co-author William J. Baumol is an economist who has testified
on behalf of a number of S&A clients, including AT&T.
"Quick! Check Your Euro Position," an article by Howard Waterman,
was published in the October 1998 issue of Trade & Forfaiting Review.
An article by Jack Guggenheim was published in the Fordham Intellectual
Property, Media & Entertainment Law Journal, Vol. 8, No. 3. The
article, "Art & Atrocity: Cultural Depravity Justifies Cultural
Deprivation," addresses Russia's right to retain German national art
taken from German national institutions at the end of World War II.
Marie B. Kenny authored the article "Absolutely Privileged: Manager
Not Liable for Inducing Employer to Terminate At-Will Employee," published
in the September 24, 1998 edition of the Los Angeles Daily Journal.
"So Now What Do We Do?" an article by Lori Dillman, was published
in the fall 1998 issue of House Counsel. The article discussed the U.S.
Supreme Court's recent decisions in Burlington Industries, Inc. v. Ellerth
and Faragher v. City of Boca Raton.
Margaret Spring served as a supervising editor of The International
Human Rights of Women: Instruments of Change, a new book published
by the ABA's Section of International Law and Practice and released at
this year's ABA Annual Meeting in Toronto. The book responds to the need
for increased legal literacy by featuring the full text or selected excerpts
of the documents that form the basis for recognizing women's rights as
international human rights, from the 1791 Declaration of the Rights of
Woman and the Female Citizen, to the Platform for Action developed at the
Fourth World Conference on Women held in Beijing in 1995. An S&A team
of more than 15 legal assistants and others assisted Margaret on the project.
Copies of the book are available through the ABA Service Center (800 285-2221).
An article by Alan Raul, "Junk Science In, Junk Policy Out: Science
and Administrative Law," appeared in the August 1998 issue of Science,
Technology and the Law, a publication of the New York Academy of Sciences.
The article argues that the Supreme Court's Daubert ruling should be applied
in the context of judicial review of agency rule making.
Bill Sneed is the author of "The Ongoing Revolution in Expert Witness
Practice: Daubert and the Seventh Circuit." The article won a Lincoln
writing award, administered by the Illinois Bar Journal, which featured
the article in its August issue.
An article by Evan van Hook, "New York May Be Missing Out on Brownfields
Development," appeared in the summer 1998 issue of Metes & Bounds,
a publication of the Real Estate Law Committee of the New York City Bar
Association.
An article by Robert H. Scarborough of the New York office, "Tax
Differences Affect Choice Between Derivatives and Equivalent Leveraged
Investments," was published in the July/August 1998 issue of Derivatives.
"That 'Celestial Fire Called Conscience,'" an Op-Ed piece by
Alan Raul, was published in the July 27, 1998 issue of The Washington
Post. In the essay, Alan criticizes President Clinton for resorting
to legalisms in his battle with the independent counsel, rather than behaving
with honor and virtue, in the tradition of George Washington.
"Empty Threat: Ellerth Broadens the Scope of Liability for
Harassment," an article by Jonathan Brenner, was published in the July
23, 1998 issue of the Los Angeles Daily Journal. The article discusses
the U.S. Supreme Court decision in Burlington Industries v. Ellerth,
a sexual harassment case brought under Title VII.
"Off-Label Promotion: Is FDA's Final Guidance on Industry-Supported
Scientific and Educational Programs Enforceable?" an article by Brad
Berenson, Paul Kalb and Scott Bass, was published in the July 1998 issue
of the Food and Drug Law Journal.
"A Fundamentally Flawed Law," a letter to the editor by Alan
Raul, was published in the June 15, 1998 issue of The Washington Post.
The letter argued that to "drain the politics out of the independent counsel
process," the law should provide for the appointment of a distinguished
senior lawyer from outside the administration to serve as a standing independent
counsel. Alan represe nted the White House during the Iran-Contra investigation.
Steve Contopulos, Brad Ellis, Steve Ellis and Catherine Barrad of the
Los Angeles office are the authors of a summary of California law on privacy
and related issues. The summary is included in the 50-State Survey:
1998-1999 Media Privacy and Related Law, recently published by the
Libel Defense Resource Center. This is the fourth year that S&A lawyers
have participated as contributing authors.
"Corporate Loan Securitization: Selected Legal and Regulatory Issues,"
an article by Tom Albrecht and Sarah Smith, was published in the Spring
1998 issue of the Duke Journal of Comparative & International Law.
An article by legal assistant Robert Mitchell, "Accessing Securities
and Exchange Commission Filings—Part I," was published in The Practical
Paralegal, Vol. 1, Issue No. 3, Spring 1998.
"Forceful Blow -- 9th Circuit Holds Compulsory Arbitration of Title
VII or FEHA Claims May No Longer Be Mandated," an article written by
Daron Watts of the Los Angeles office, was published in the May 28, 1998
issue of the Los Angeles Daily Journal.
"Taking Stock of Pro Bono Efforts," an article by Bert Ritchie,
was published in the April 25, 1998 issue of the Chicago Daily Law Bulletin
in conjunction with Law Day. The article provided examples of how law firms
can increase their pro bono participation. It noted that Sidley & Austin
is one of 14 firms in Illinois that have subscribed to the "Law Firm Pro
Bono Challenge." It also desc ribed how Sidley & Austin has "adopted"
the Chicago Volunteer Legal Services Uptown Hull House Clinic.
"Release Perfection -- Waivers That Don't Comply With Benefit Protection
Act May Leave Employers Liable," an article by Sonya Sud, was published
in the April 23 issue of the Los Angeles Daily Journal.
"The New Illinois Trademark Registration and Protection Act,"
an article by Andy Goldstein, was published in the April 1998 issue of
the Illinois Bar Journal.
"Common Sense -- U.S. Supreme Court Tackles Same Sex Harassment in
'Oncale'," an article by Marie B. Kenny, was published in the March
26 issue of the Los Angeles Daily Journal.
"The Good Stuff on the Web," an article by Sabrina Pacifici,
S&A's director of library and research services in the Washington office,
was published in the March 2, 1998 issue of Legal Times.
An article by Andrew Marsh on the need for review of the boundary lines
in U.K. regulation of the financial sector was published in the March 1998
issue of the International Financial Law Review.
"Law in Brief" TV Program Features Sidley & Austin Partner William J. Nissen "Law in Brief," a television program on the Lawyers Communication Network, featured Sidley & Austin partner William J. Nissen. The Lawyers Communication Network is a subscription satellite television service of the American Bar Association providing continuing legal education and news to the legal profession. In the program broadcast on January 11, 1998, Nissen discussed arbitration agreements in employment contracts. In Gibson v. Neighborhood Health Clinics, the Court of Appeals in Chicago refused to enforce an employer's arbitration agreement because it found the arbitration to be one-sided and proper consideration to be lacking when the arbitration agreement was signed. Nissen pointed out that the employee found out about the arbitration clause two weeks after she agreed to work for the company, that the arbitration procedures were based on a manual the employer did not give the employee, that the employer didn't mutually agree to arbitration, and that the employer reserved the right to change the procedures at any time. Nissen said employers who wish to enforce arbitration agreements with employees should consider the following: make sure employees are aware that arbitration of disputes is a condition of employment, provide for consideration, create procedures that bind both parties, and assure that the procedures are not one-sided. In the "Law in Brief" program broadcast January 20, 1998, Nissen discussed an arbitration that arose in a bankruptcy context. In In the Matter of National Gypsum Co., the U.S. Court of Appeals for the Fifth Circuit invalidated an arbitration agreement that conflicted with a bankruptcy court's jurisdiction. National Gypsum had its reorganization plan confirmed by the bankruptcy court when one of the creditors that had a pre-existing arbitration agreement brought an arbitration against National Gypsum to collect the debt. The successors to National Gypsum responded that the arbitration was contrary to the bankruptcy court's plan and that the assets of the estate could not be used to satisfy an arbitration award. Siding with National Gypsum, the Court of Appeals ruled that the bankruptcy court had discretion to refuse to order arbitration of the debt. Nissen told companies to be aware that they could have this potential problem, and that when a reorganization plan is proposed, they should consider the following: make their voice heard to protect their interests and ensure that the reorganization plan takes into account their arbitration and their debt. Bill Nissen has tried arbitrations in many different forums, including the American Arbitration Association, National Association of Securities Dealers, Chicago Board of Trade, as well as court-annexed arbitration. He can be reached by phone at (312) 853-7742 or by e-mail at wnissen@sidley.com. To obtain a copy of either or both videotapes, please contact lgolaski@sidley.com.
Alan Raul is the author of "Someone To Watch Over Food," an article published in the January 12 issue of Legal Times. The article advocates the centralization in one department of all federal government food safety responsibilities. The article notes that Alan is a partner in S&A's Washington office, and that Sidley & Austin represents a number of food and pharmaceutical companies before the USDA and the FDA. Robert H. Scarborough of the New York office is the author of "Internal Revenue Service Treats Periodic Payments on Commodity Swaps as Ordinary," published in the January/February 1998 issue of Derivatives Ellen Robbins is the author of "Lawyers Shouldn't Jump to the Front of the Line: No Place for Common Law Retaining Liens in Liquidation Proceedings," an article published in the Winter 1997 issue of The Insurance Receiver, Vol. 6, No. 4. The article notes that in the liquidation proceedings in Illinois involving Coronet Insurance Company, Sidley & Austin is counsel for the liquidator in connection with the claim of David Kreisman & Associates against the Coronet estate. The Practising Law Institute recently published the second edition of Art Law: The Guide for Collectors, Investors, Dealers and Artists, a two-volume work by Ralph Lerner and Ralph's wife, attorney Judith Bresler. Forbes magazine called the first edition "the industry bible." Eugenia S. Hansen and Ana C. Ward wrote the chapter entitled "Patents
in Medicine: View of Economically Important Countries," which appeared
in the 1998 American Intellectual Property Law Association Advanced
Biotechnology/Chemical Patent Practice Seminar Course Book
David L. Hitchcock and Kelly J. Kubasta authored "Recent Developments
in Trademark Law," which appeared in the Winter 1998 edition of the
6 Texas Intellectual Property Law Journal 239
"Trash Can Be a Treasure, but Liabilities Abound," an article by David Buente and Evan van Hook, was published in the December 1, 1997 issue of The National Law Journal. Sabrina Pacifici, director of library and research services in the Washington
office, wrote "Intranets: One-Stop Shopping for Data," an article
published in the December 1, 1997 issue of the New York Law Journal.
"Deregulatory Takings, Breach of the Regula-tory Contract, and the
Telecommunications Act of 1996," an article by Tom Merrill, of S&A's
Chicago office, and economist William J. Baumol, Ph. D., was published
in the November 1997 issue of the New York University Law Review.
Susan Bart was a member of a five-lawyer committee that wrote the 1997
edition of Illinois Estate Planning Forms and Commentary, a 938-page work
published by the Illinois Institute of Continuing Legal Education. The
forms also are available on companion computer diskettes. The November
1997 issue of Chicago Lawyer contained an article about the project,
entitled "Group Approach Makes Estate Planning Forms User-Friendly."
James P. Bradley and Michael Chibib wrote "Drafting Effective Pleadings
and Discovery in Patent Infringement Actions," which appeared in the
October 1997 issue of American Intellectual Property Law Association
Selected Legal Papers, Vol. XVI, Number 2, p. 89
Jim Dechene and Shelly Kohn wrote "Bankrupt-cy Proceedings Affecting
Healthcare," a chapter in the Health Law Practice Guide, published
by NHLA/AAHA, formerly the National Health Lawyers Association and the
American Academy of Healthcare Attorneys.
Mark J. Lieberman, Vice President and Assistant General Counsel of Associates
Commercial Corporation, and S&A lawyers Shelly Kohn and Jason New were
the authors of the article "Supreme Court Hands Down Major Decision
on Valuation of Secured Claims," recently published in the Commercial
Law Bulletin. Sidley & Austin successfully represented Associates
in the Supreme Court.
Alan Raul was the author of an article in the Sunday Los Angeles
Times, which argued that the Environmental Protection Agency has an
obligation to ensure that its Clean Air Act regulations are cost-effective.
Richard O'Brien, Eric Mattson and summer associate Brendan Healey wrote
this year's issue of Illinois Media Law, a newsletter published
annually by the Illinois Press Association. The association distributes
the round-up of state and national developments in media law to hundreds
of newspaper editors, executives and reporters throughout the state, as
well as to legislators, lawyers, press associations and college journalism
programs.
"Managing Your Research: Librarians Have Key Role in Marshaling Information
Services," an article by Sabrina Pacifici, director of library and
research services in the Washington office, was published in the September
29, 1997 issue of Legal Times.
Robert H. Scarborough of the New York office is the author of "Coupon
Strip? Partnership? Or Secured Obligation? How to Tell Them Apart and Why
It Matters," published in the September/ October 1997 issue of Derivatives.
"Access and Interconnection Issues in the Move Toward the Full Liberalization of European Telecommunications," an article by Leonard Ng, was published in the Fall 1997 issue of the North Carolina Journal of International Law and Commercial Regulation. "Practical Considerations in Implementing ISO 14001," an article
by Christopher Bell and Evan van Hook, was published in the Spring-Summer
1997 issue of Albany Law Environmental Outlook.
Scott Bass is the author of "Enforcement Powers of the FDA: Foods,
Dietary Supplements and Cosmetics," a chapter in Fundamentals of Law
and Regulation, Vol. 1, a treatise recently published by the Food and Drug
Law Institute.
"Planning Taxable Acquisitions Involving Real Estate Investment Trusts,"
an article by Adam Handler and John Polich, was published in the July 1997
edition of The Journal of Taxation.
Heather Skinazi is the author of "Not Just a 'Conjured Afterthought':
Using Duress as a Defense for Battered Women Who 'Fail to Protect,'"
an article published in the July 1997 issue of California Law Review,
a University of California at Berkeley School of Law publication.
Catherine Valerio Barrad's article, "Genetic Information and Property
Theory," has been reprinted in the textbook A Property Anthology (second
edition, 1997). The article originally was published in the Northwestern
University Law Review in 1993.
An article by Deborah Vagins, "Occupational Segregation and the Male
Worker Norm: Chal-lenging Objective Work Requirements Under Title VII,"
was published in Vol. 18, No. 1 in the Women's Rights Law Reporter, a Rutgers
Law School publication.
"ADR in the Workplace," an article by Larry Kipperman and Jonathan
Lotsoff, was published in the March/April 1997 issue of Business Law Today.
The article discusses alternative dispute resolution in the employment
context.
"How To Sort Out Tax Rules for Related Party Hedging," an article by Robert H. Scarborough of the New York office, was published in the July/August 1997 issue of Derivatives. Susan Bart has co-authored the book Illinois Estate Planning Forms
and Commentary, published by the Illinois Institute of Continuing Legal
Education (IICLE). Susan recently spoke at a number of IICLE seminars to
introduce the book to practitioners.
Steve Contopulos, Brad Ellis, Steve Ellis and Catherine Valerio Barrad
of the Los Angeles office are authors of a summary of California law on
privacy and related torts issues. The summary is included in the 50-State
Survey: 1997-98 Media Privacy and Related Law, recently published
by the Libel Defense Resource Center. This is the third year that S&A
lawyers have participated as contributing authors.
Christopher Bell contributed a chapter to ISO 14001 and Beyond: Environmental
Management Systems in the Real World (Greenleaf Publishing, U.K.), entitled
"The ISO 14001 Environmental Management Systems Standard: One American's
View." An article by Bill Sneed, "The Coming Battles Over Reinsurance
Allocation," was published in the Spring 1997 issue of the Environmental
Claims Journal.An article by Dick Clemens, "Mutual Insurance Holding Companies:
A New Corporate Struc-ture," was published in the March/April 1997 issue
of Property/Casualty Insurance magazine.Gary Quigley and Richard Larach
were the authors of an article entitled "U.S. Export Controls: An Overview,"
which was published in Vol. 7, No. 2 of The California International Practitioner,
a publication of the State Bar of California.
Geraldine M. Alexis and Andrew G. Klevorn have authored an article entitled
"The FTC's Double Jeopardy for Mergers," published in the May 19,
1997 edition of The Wall Street Journal. The article describes how
the FTC forces companies to expend time and money defending unpredictable
FTC motions for actions that should be finalized by the judiciary. But
if the FTC doesn't like the federal court's decision, it have the option
of rechallenging the decision in an administrative hearing. For many businesses,
a merger is not worth the threat of prolonged litigation.
Richard Grad and Robert Holland co-authored an article entitled "Estoppel
by Consent," discussing doctrinal and practical implications of the
Federal Circuit's decision in Foster v. Hallco. The article was published
in the May 2, 1997 issue of the Los Angeles Daily Journal.
"Women in Intellectual Property Law," an article by Eugenia Hansen,
was published in the April 1997 issue of Patent World.
Richard Grad and David Marglin were the authors of an article entitled
"Browser Wars: User Interface Protection After 'Lotus,'" published
in the March 27, 1997 issue of the Los Angeles Daily Journal.
An article by Robert H. Scarborough of the New York office, "Recent
Tax Disclosures for Exchangeable Securities Are Inconsistent," was
published in the March/April 1997 issue of Derivatives.
An article by Bill Sneed, "The Coming Battles Over Reinsurance Allocation,"
was published in the Spring 1997 issue of the Environmental Claims Journal.
Jim Huizinga and John Casanova are the authors of the article "The
Exportation Doctrine After Smiley," published in Vol. 12, No. 16 of
the Review of Banking and Financial Services.
Kathi Cover is the author of the article "The Emporer's Magic Suit:
Proposed Legislation Will Tailor the Copyright Law to Fit the Internet,"
published in the Winter 1996/1997 issue of the Computer Law Review
and Technology Journal. The article evaluates the pros and cons
of pending legislation that would amend the Copyright Act in light of new
issues presented by the Internet.
Evan van Hook is the co-author of the article "Towards A Common Law
of Sentencing: Developing Judicial Precedent in Cyberspace," published
in Volume 65 of The Fordham Law Review. The co-authors are the Hon.
Roberts W. Sweet, Federal Districe Court for the Southern District of New
York, and Edward V. DiLello.
The January 1997 issue of the ABA Journal profiled Joel Singer in an article entitled "The Nuts and Bolts of Peace: Adviser Sees Business Growth as Key to Mideast Progress." The article described his prominent role in negotiating the Oslo accords on behalf of Israel, and his current position as a partner in Sidley & Austin's Washington office. "He positions himself as the man who can help open doors in the [Middle East] region for exisiting and new clients who are seeking to develop business there," the article said. "He also foresees developing foreign clients who have legal needs in the United States." |
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