Monthly Archives: January 2009

Helping the elderly through pro bono efforts

Winston & Strawn recently entered into a pro bono partnership with the legal department of client Bank of America, N.A., to assist low-income seniors with disabilities. Attorneys from Winston & Strawn and Bank of America helped seniors complete living wills and powers of attorneys.

The Center for Disability and Elder Law facilitated the training for the attorneys who participated. And following the training, they traveled to a senior center on Chicago’s South Side to meet with clients and prepare documents on site.

Greg McConnell, pro bono counsel at Winston & Strawn, said the firm has a great relationship with the legal staff at Bank of America and they had discussed how to partner together on a pro bono opportunity.

He said Bank of America is a leader in getting its corporate legal department more involved in pro bono matters. One of the challenges is that legal departments often do not have the infrastructure to find, vet, and secure pro bono opportunities.

“When they look to people like us, they are looking for us to help them identify the best opportunities to help meet both their ethical obligations, and internal requirements,” he said. “It’s wonderful to be able to work with them, to share some time with them, while helping out the community.”

During the pro bono activity, a lawyer from the firm and a lawyer from the bank team up to help about 10 clients with such activities as preparing a living will and designating a power of attorney, McConnell said.

“You have a vulnerable population, a group of low-income seniors who have a real need for these types of directives to allow them to take care of their lives…” he said. “We are helping those who need it the most.”

Levenfeld Pearlstein awards grants

Levenfeld Pearlstein announced the awarding of $60,000 in grants to two Chicago community organizations.

The firm made grants of $30,000 each to the Erie Family Health Center and to SGA Youth & Family Services as part of its Corporate Contributions Program. Launched in 2007, this program commitment is part of a broader civic and social responsibility initiative that Levenfeld Pearlstein has undertaken since its founding in 1999.

Chairman Bryan I. Schwartz said the firm wants to make a difference in its community. The firm initially hired a consultant to learn the details behind the grant-making process. The consultant, he said, recommended that the firm look for organizations with a similar culture to what exists in the firm.

Younger organizations focused on the process of change fit well with Levenfeld Pearlstein, he said.

“We try to do what we can to make an impact on the community, and that’s what these two grants represent,” Schwartz said. “We fund things that are going to make a difference. We are not just throwing money at it. The people who are on our committee are extremely thoughtful about how this makes an impact.”

Levenfeld Pearlstein’s grant to the Erie Family Health Center represents the firm’s second year of support for Erie’s school-based clinic at Ryerson Elementary School, which serves some of Chicago’s lowest-income communities.  The grant will fully fund the continuation of integrated mental health services, community, and education programs, providing students with direct access to mental health services. This will include an on-site licensed clinical social worker to provide behavioral services, teacher and staff training, and outreach to parents and the community.

Erie Family Health Center seeks to address the immediate needs of children, give them the tools they need to address their challenges, and provide enhanced intervention to improve the quality of their lives, according to the firm.

Levenfeld Pearlstein’s grant to SGA Youth & Family Services (SGA), a Chicago nonprofit organization dedicated to helping at-risk youth whose futures are most in jeopardy, also represents the firm’s second year of funding to SGA’s Operation BIG Hug program. This program is focused on early detection of autism in pre-school children born to young, low-income parents. It includes screening and assessment, home-based support services and community education and awareness. Operation BIG Hug was launched in early 2007 as part of SGA’s work to enhance the social and emotional development of children and adolescents.

Levenfeld Pearlstein’s Corporate Contributions Program, is a grant-making program based on the firm’s belief that its accomplishments are routed in accountability and that by supporting the innovation and leadership of nonprofit organizations, it extends its ability to make a difference in the community.

For additional information on Levenfeld Pearlstein’s Corporate Contributions Program, please visit www.lplegal.com/about/socialresponsibility/charitablegiving.  More information about Erie Family Health Center is available at www.eriefamilyhealth.org, and for more information on SGA visit www.sga-youth.org/.

Q & A with Neal Goldstein

Today we talk with Neal Goldstein, a partner in the corporate health care group at Seyfarth Shaw. He has been practicing law for 19 years.

What do you find the most interesting about your practice?

As an attorney representing physicians and other health care providers, I witness, on a daily basis, the profound changes that are occurring in our country’s health care delivery system. It is fascinating to see these changes from not only my perspective as a consumer, but from the perspective of my clients, the providers.

What makes a good lawyer?

A good lawyer must be committed to excellence and integrity, must be a good listener, must possess a genuine eagerness to serve their clients, and must always learn, grow, and evolve with the times and the needs of their clients.

What is the biggest legal news right now, and what is its impact?

There has been increased governmental scrutiny and regulations relating to physician income from outside sources. The best example of this is the ever-changing law on physician self-referrals, otherwise known as the federal Stark Law.  Physicians and hospitals face severe penalties if they do not comply with the Stark law and other laws relating to health care fraud and abuse.

Q & A with Neal Goldstein

Today we talk with Neal Goldstein, a partner in the corporate health care group at Seyfarth Shaw. He has been practicing law for 19 years.

What do you find the most interesting about your practice?

As an attorney representing physicians and other health care providers, I witness, on a daily basis, the profound changes that are occurring in our country’s health care delivery system. It is fascinating to see these changes from not only my perspective as a consumer, but from the perspective of my clients, the providers.

What makes a good lawyer?

A good lawyer must be committed to excellence and integrity, must be a good listener, must possess a genuine eagerness to serve their clients, and must always learn, grow, and evolve with the times and the needs of their clients.

What is the biggest legal news right now, and what is its impact?

There has been increased governmental scrutiny and regulations relating to physician income from outside sources. The best example of this is the ever-changing law on physician self-referrals, otherwise known as the federal Stark Law.  Physicians and hospitals face severe penalties if they do not comply with the Stark law and other laws relating to health care fraud and abuse.

A lawyer and a teacher

Kevin Connelly first learned about Cristo Rey Jesuit High School about 10 years ago.

As a law school professor, he taught the wife of one of the school’s administrators. The school needed some labor questions answered concerning its work-study program, which allows students to earn 65 percent of the cost of their education by working five full days each month in entry-level positions at corporations and law firms.

Connelly prepared a one-page fact sheet about the labor laws associated with young people.

In the meantime, his son had graduated with a master’s degree in education and Connelly thought that Cristo Rey would be a good place for his son to teach at. While his son did not end up working there, Connelly’s interest in the school only increased.

“I fell in the love with the school,” said Connelly, of counsel at Drinker Biddle & Reath. “There was a vibe at the school that was electric, from the faculty to the students.”

He asked the school if he could volunteer to coach and teach there. Today he teaches American literature and civics to juniors at the school, and is an assistant coach of the boys soccer team and the girl’s basketball team.

He works at Drinker Biddle from about 8 a.m. until noon, and then catches the Pink Line to Cristo Rey to finish out his day.

Founded by the Jesuits in 1996, Cristo Rey Jesuit High School is a neighborhood school with the mission of offering the best college preparatory education available to the youth of the Pilsen/Little Village community of Chicago, for whom other private schools are not a financial option, according to the school’s website.

Cristo Rey is able to offer this type of education because of its most innovative component: the Corporate Internship Program (CIP). Many, many corporations and law firms employ these students through the CIP program.

The school opened its doors with only 79 students and now has grown to over 530. In response to the success of Cristo Rey, the Cassin Educational Initiative Foundation and the Bill & Melinda Gates Foundation invested close to $30 million toward replicating this educational model around the United States.

“At comparable ages, the Cristo Rey kids are better mannered and more mature than my children and most of their counterparts,” Connelly said. “The school is special.”

The school is attempting to educate and advance a group of students who may not get this type of education by taking the traditional route, he said. They come from families and live in neighborhoods where people do not traditionally go on to college.

He said the school is posing the question, “Can we take kids and move them to the professional and college level in a single generation? I’m fascinated by the attempt at that process. Can I guarantee that it will work? No. But I can cross my fingers that it will.”

Q & A with Lazar Raynal

Lazar Raynal is a partner in the trial department at McDermott Will & Emery, and a member of the firm’s management committee.

He is co-head of the Trusts and Estates Controversy Practice Group, and has been practicing for 20 years. His practice today mainly includes complex commercial lawsuits, coverage litigation for insurance companies, and disputes involving wealthy families and trusts.

What do you find the most interesting about your practice?

Every week, my practice allows me to learn new things about businesses and industries.  I take the new things I’ve learned, then figure out how to use that information to win for my clients. That’s the most interesting and challenging part of my practice — it makes work fun.

What makes a good lawyer?

Good judgment, hard work and creativity.

What is the biggest legal news right now, and what is its impact?

The fallout from the meltdown of the financial markets.  It is exposing significant companies to bankruptcy and default issues, as well as suits for negligence and lack of due diligence. McDermott is particularly busy assisting companies with these thorny issues.

Q & A with Lazar Raynal

Lazar Raynal is a partner in the trial department at McDermott Will & Emery, and a member of the firm’s management committee.

He is co-head of the Trusts and Estates Controversy Practice Group, and has been practicing for 20 years. His practice today mainly includes complex commercial lawsuits, coverage litigation for insurance companies, and disputes involving wealthy families and trusts.

What do you find the most interesting about your practice?

Every week, my practice allows me to learn new things about businesses and industries.  I take the new things I’ve learned, then figure out how to use that information to win for my clients. That’s the most interesting and challenging part of my practice — it makes work fun.

What makes a good lawyer?

Good judgment, hard work and creativity.

What is the biggest legal news right now, and what is its impact?

The fallout from the meltdown of the financial markets.  It is exposing significant companies to bankruptcy and default issues, as well as suits for negligence and lack of due diligence. McDermott is particularly busy assisting companies with these thorny issues.

Karen Lobdell earns COAC position

The U.S. Customs and Border Protection (CBP) recently named Karen Lobdell, a director of Trade Security and Supply Chain Services at Drinker Biddle & Reath, as a new member of the Advisory Committee on Commercial Operations of Customs and Border Protection (COAC).

COAC is a 20-member advisory council that advises the secretaries of the Department of the Treasury and the Department of Homeland Security on trade compliance and facilitation, the securing of the supply chain, and other trade and security issues of mutual concern to the CBP and the trade.  Members represent the interests of importers (and their agents) and those associated with the carriage of international cargo.  Committee members, who serve a two-year term and are eligible for a second term, are appointed by and serve at the pleasure of the Secretary of the Treasury and the Secretary of Homeland Security.

Lobdell, a licensed customs broker, has more than 25 years experience in the domestic and international logistics industry, with a focus on international business development, operations management, and trade compliance. Over the past seven years she has been directly involved with homeland security processes as they apply to both internal and external supply chain security concerns focusing directly on government regulations, policies and initiatives that affect customers operating in the global markets.

After completing an application to COAC, Lobdell said there was no communication and no interview. Her appointment was based on her application. Among the information the group looks for, it pays attention to her political affiliation because COAC must have no more than 10 members from one political party, she said.

Originally from the logistics industry, she heard about COAC from a mentor who had been a member. She applied a couple times, but she said third time seems to be the charm.

“I’m certainly very excited about the opportunity,” she said. “It’s an opportunity to work with a small, but very diverse and very experienced group of trained professionals that are going to have direct communication with U.S. customs and border protection, as well as Congress. Having the ability to have a line of communication at that level is a great opportunity. It also puts me in a position to take the input of our clients who deal with these regulations on a daily basis and be a voice for them.”

By holding this position, she said she hope to be a voice for small and mid-size business enterprises. Traditionally COAC is made up of representatives from multinational corporations and service industries.

“But there’s really been no representation for the little guy and I have a lot of background from my previous job with small and mid-size [corporations],” she said. “I hope to bring that experience and a voice to that table that hasn’t really been present before.”

She said the group meets on a quarterly basis, and the locations vary. But it mostly meets in Washington D.C. A host of subcommittees get generated to deal with important issues.

During its 11th two-year term, COAC is expected to consider issues such as enhanced border and cargo supply chain security, CBP modernization and automation, informed compliance and compliance assessment, account-based processing, commercial enforcement and uniformity, international efforts to harmonize customs practices and procedures, strategic planning, northern and southern border issues, agricultural inspection and the CBP mission, and import safety.

Q & A with Brecken J. Cutler

Today we talk with Brecken J. Cutler, legal counsel for Rio Tinto Alcan. After leaving her previous career in management consulting, she graduated from law school in 2003 and has been practicing ever since. She went in-house in 2007.

What do you find the most interesting about your practice?

Variety!  I see everything from $100 million dollar sole source supply contracts to minor disputes with our plant uniform laundry service providers.  I am constantly learning in my job.

What makes a good lawyer?

Particularly for in-house counsel, it is critical to have an understanding of the business issues underlying your negotiations and the rationale for the contract on which you’re working.  It is easy to get caught up in the justifications for your legal positions, but much more difficult to identify and understand the business justifications for accepting certain risks.  A good lawyer knows how to read a contract with one eye on the legal details and another eye on the business needs.  We are lawyers, but our clients often expect more of us.

What is the biggest legal news right now, and what is its impact?

The combination of increased emphasis on legal compliance programs and the economic need to run “lean” has put a lot of pressure on in-house legal departments.  Everyone is being asked to “do more with less,” which in the legal world means more scrutiny in less time.  I think the key to success in promoting a compliant and lean organization is educating your business client.  By educating the people that you work with in your sales force, for example, to monitor their work for FCPA issues, you are creating allies who will bring new issues to the surface before they become problems.  The same is true for enforcing company policies.  We all get so busy managing our workloads that it is easy to miss opportunities to educate each other and our business clients.  In the long run, seizing those opportunities creates more time in your day.

Q & A with Brecken J. Cutler

Today we talk with Brecken J. Cutler, legal counsel for Rio Tinto Alcan. After leaving her previous career in management consulting, she graduated from law school in 2003 and has been practicing ever since. She went in-house in 2007.

What do you find the most interesting about your practice?

Variety!  I see everything from $100 million dollar sole source supply contracts to minor disputes with our plant uniform laundry service providers.  I am constantly learning in my job.

What makes a good lawyer?

Particularly for in-house counsel, it is critical to have an understanding of the business issues underlying your negotiations and the rationale for the contract on which you’re working.  It is easy to get caught up in the justifications for your legal positions, but much more difficult to identify and understand the business justifications for accepting certain risks.  A good lawyer knows how to read a contract with one eye on the legal details and another eye on the business needs.  We are lawyers, but our clients often expect more of us.

What is the biggest legal news right now, and what is its impact?

The combination of increased emphasis on legal compliance programs and the economic need to run “lean” has put a lot of pressure on in-house legal departments.  Everyone is being asked to “do more with less,” which in the legal world means more scrutiny in less time.  I think the key to success in promoting a compliant and lean organization is educating your business client.  By educating the people that you work with in your sales force, for example, to monitor their work for FCPA issues, you are creating allies who will bring new issues to the surface before they become problems.  The same is true for enforcing company policies.  We all get so busy managing our workloads that it is easy to miss opportunities to educate each other and our business clients.  In the long run, seizing those opportunities creates more time in your day.