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S U M M E R 2 0 0 8 U P D AT E

Arnstein & Lehr group advises Firm launches

lenders, aids corporations Construction Practice Group
facing financial distress Arnstein & Lehr recently launched the Construction Prac-
tice Group to take advantage of the significant expertise of
Arnstein & Lehr recently announced the formation of the attorneys within the firm. The Construction Practice Group
Commercial Solutions Service Group to assist clients in represents private, public, local and international clients in
navigating the increasingly complex legal issues that have a variety of construction-related transactions and litigation
emerged in connection with situations of financial distress matters.
in the current economic climate.
Attorneys in the group include Chicago attorneys Matt
The service group is comprised of attorneys from our offic- Bryant, Barry Chatz, Mark Enright, Samuel Levine, Hal
es in both Chicago and Florida including those who work Morris, Dan Schlade, Mark Spognardi, Skip Starck, Paul
in the following Arnstein & Lehr practice groups: Banks Starkman, and Justin Weisberg. They are joined by Alan
& Financial Institutions, Bankruptcy & Creditors' Rights, Kipnis in Fort Lauderdale and Ron Marlowe in Tampa.
Condominium & Community
Associations, Construction, Justin Weisberg and Matthew Bryant recently joined the
Litigation, Real Estate and Tax firm and significantly strengthen the expertise of the Group.
Practice Groups. Weisberg represents engineers, architects, design builders,
developers, owners, contractors, subcontractors and insureds
“The formation of this group regarding numerous issues related to construction design and
is not an attempt to provide insurance coverage law.
lip service to an emerging
business opportunity as we His prior work as a registered professional engineer in both
have witnessed law firms do so Illinois and Florida allows him to utilize in his law practice
often in the past,” said Dino his previous engineering experience. He is a graduate of the
Armiros, an Arnstein & Lehr University of Illinois and Chicago-Kent College of Law.
partner and Chicago co-chair
of the service group. “Rather, this service group is a reflec- Bryant represents owners, architects, engineers, contrac-
tion of the complex business issues facing companies and tors, and subcontractors in lawsuits relating to construction
financial institutions in today’s economy. Clients increas- defects, mechanics liens, bond claims, delay claims, change
ingly require legal counsel that understands the intersect- order disputes and fraud. Bryant is a graduate of the Univer-
ing spheres of decisions and considerations that exist when sity of Chicago and Loyola University Chicago School of Law.
faced with a foreclosure or other financial hardship. It is
ASSISTANCE Continued on Page 4
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Jason Tremblay is a partner
in Arnstein & Lehr’s
Litigation Practice Group.
He focuses his practice in
employment, commercial,
and real estate litigation.
In the employment area he
has extensive experience
representing employers
and employees in a broad
range of personnel matters
and employment-related
issues. He has successfully
represented employers
in both federal and state
court in a wide variety
of employment related
lawsuits, including the
enforcement of restrictive
covenants, Title VII and
Americans with Disabilities
Act discrimination claims,
trade secret, and unfair
competition matters. He
also frequently drafts
employment contracts,
employment policies and
employee handbooks.
w w w. a r n s t e i n . c o m
FMLA amended to extend
leave to military families
by E. Jason Tremblay
Partner, Arnstein & Lehr
On January 28 President Bush signed
legislation amending the Federal Family
and Medical Leave Act of 1993 (FMLA)
granting FMLA protected leave to employees
who provide care to wounded U.S. soldiers,
as well as to family members of military
personnel called to active duty. This is the
first expansion of the FMLA since the law was
enacted in 1993, and the amendments are
effective immediately.
Up until now, the FMLA generally required
employers of 50 employees in a 75 mile radius
to provide up to 12 weeks of unpaid leave to
eligible employees who have a serious health
condition or employees who are needed to
care for a parent, child or spouse with a serious
health condition. The recent modifications to
the FMLA create two new circumstances in
which eligible employees with family members
in the Armed Forces may take protected
FMLA leave.
Caregiver leave to care
for injured servicemember
First, the new amendments more than double
(from 12 to 26 weeks per year) the available
time an eligible employee can take off from
work to care for an injured servicemember.
Specifically, the amendment provides that the
spouse, child, parent or “next of kin” (defined
as the “nearest blood relative”) of a “covered
servicemember” is entitled to the leave to care
for the servicemember, which broadens the
class of employees who can take FMLA leave.
A “covered servicemember” is defined as a
member of the Armed Forces (including the
National Guard or reserves) who suffered an
injury or illness while on active-duty that may
render the person medically unable to perform
the duties of the member’s office, grade, rank
FMLA Continued on Page 3
Form I-9 verifying
employees’ authorization
to work in U.S. updated
by E. Jason Tremblay
Partner, Arnstein & Lehr
The U.S. Citizenship and Immigration Ser-
vices (USCIS) (formerly the INS) recently
announced the release of a new Form I-9 to
be used by employers to verify an employee’s
authorization to work in the United States.
The revision to Form I-9 is significant since
other efforts towards comprehensive im-
migration reform have stalled in Congress
or the courts. The new Form I-9 should be
implemented immediately by all employers
for their new hires.
On the revised Form I-9, the USCIS has
eliminated five documents from the List of
Acceptable Documents (List A), thereby
reducing the number of documents that
prospective employees can use to establish
their authorization to work in the United
States. The documents that were removed
from List A lacked security features that
deter counterfeiting, tampering and fraud.
Specifically removed from List A are the fol-
lowing documents:
1. Certificate of U.S. Citizenship (N-560 or
N-570);
2. Certificate of Naturalization (N-550 or
N-570);
3. Alien Registration Receipt Card (I-151);
4. Unexpired Reentry Permit (I-327); and
5. Unexpired Refugee Travel Document
(I-571).
Therefore, starting immediately, employers
should not accept the foregoing documents
when completing a Form I-9 for a new hire
(or for an existing employee who requires
re-verification).
Form I-9 Continued on Page 3

FMLA Continued from Page 2
or rating. In short, the FMLA amendments provide
for an additional 14 weeks of unpaid leave (beyond
the original 12 weeks) for those eligible employees
when they are caring for injured soldiers. This new
FMLA “caregiver” leave is apparently only available
once during a single 12 month period.
Active duty leave
Second, the recent amendments to the FMLA also
add a new qualifying event for the 12 weeks of
FMLA leave. Specifically, the statute now provides
up to 12 weeks of leave because of any “qualifying
exigency” arising out of the fact that a covered
employee’s spouse, child or parent is on, or has been
called to, active duty in the Armed Forces. While
Congress has not yet defined the term “qualifying
exigency,” it is expected that the Secretary of Labor
will soon issue regulations defining what that term
means.
This new FMLA amendment broadens the existing
Illinois Family Military Leave Act which, among
providing other benefits, allows an eligible employee
at least 15 days of unpaid leave if they are either a
spouse or parent of a soldier being called into active
military duty, without regard to any medical issues.
Because these amendments simply amend the
original 1993 statute, other traditional FMLA
requirements, such as the 50 or more employee
threshold, the requirement to continue group health
plan coverage during the leave and returning the
employee to the same or equivalent position as when
their leave commenced, will still apply to the newly
granted types of FMLA leave. Additionally, the
employer may still require the substitution of any of
the employee’s accrued paid vacation leave, paid time
off, personal leave, family leave, or medical or sick
FMLA Continued on Page 4
Attorneys featured in this issue
William Anaya Konstantinos Patrick Ayers
(Dino) Armiros
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Form I-9 Continued from Page 2
The USCIS has, however, added to List A that an
Unexpired Employment Authorization Document
(I-766) is now an acceptable document to verify an
employee’s identity and authorization to work in the
United States. As a result, employers should accept
an unexpired I-766 from a new hire when complet-
ing the employee’s Form I-9.
The new Form I-9 instructions also provide that an
employee is not obligated to provide a social security
number in Section 1 of Form I-9 unless the em-
ployee is employed by an employer who participates
in the USCIS’s Electronic Employment Eligibility
Verification Program, also known as E-Verify. This
revision is significant for Illinois employers because
Illinois recently passed a law prohibiting Illinois em-
ployers from participating in the E-Verify program.
The revised and updated Form I-9 is available at
no charge from the USCIS website at www.uscis.
gov/i-9. Employers are strongly encouraged to begin
using the revised Form I-9 immediately because,
as of December 26, 2007, noncompliant employ-
ers may be fined or penalized for not using the new
Form I-9.
Employers are finally advised that they only need to
complete a new Form I-9 for new hires. They do not
need to complete a new Form I-9 for existing em-
ployees unless these employees require reverification.
If you have any questions regarding the revised Form
I-9 or its implementation, please contact your labor
and employment law attorney at Arnstein & Lehr
LLP.
Bruce Balonick Brandon Bell Matthew Bryant
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ASSISTANCE Continued from Page 1
designed to appreciate those challenges and help clients
both protect and maximize the value of their assets in a
contracting economy.”
The new service group anticipates aiding clients in a variety
of situations, including:
• Builders and developers facing construction issues and
financial difficulties as a result of the housing collapse.
• Banks weighing their legal options when faced with the
possibility of taking over management of a property that is
partially-built.
• Protecting contractors and developers with enforcement
of mechanics’ liens on real estate subject to foreclosure
• Aiding lenders and borrowers in avoiding lengthy Chap-
ter 11 proceedings.
• Navigating the myriad tax concerns that emerge during
workouts.
• Aiding retailers and landlords of retail properties during
bankruptcy proceedings.
• Counseling condo associations whose funding has been
impacted and limited by foreclosure proceedings.
“In many ways, banks, contractors, landlords and other
organizations have entered uncharted territory in this
economy,” explained Samuel Levine, the group’s co-chair.
“This service group is designed to help companies explore
every option and opportunity as opposed to the traditional
‘silo’ approach in which every problem requires the same
solution. Today’s volatile market conditions present unique
situations that require unique and creative legal solutions,”
he added.
For assistance or questions please contact Messrs. Armiros and
Levine at (312) 876-7100.
Attorneys featured in this issue
Barry Chatz Andrea Cox Raechelle
Delarmente
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FMLA Continued from Page 3
leave for any portion of the new leave entitlements.
The FMLA amendments became effective mmediately when
President Bush signed them into law on January 28, 2008.
The Secretary of Labor will now begin work on regulations
to implement the new provisions and to provide guidance
for employers and employees. In the meantime, however,
employers are required to comply with the new FMLA
amendments.
In light of these recent and significant modifications to the
FMLA, employers should take the following steps:
• Amend their FMLA policies to provide employees with
notice of these new leave entitlements and disseminate them
to employees in a way that will enable the employer to prove
receipt of the new policies;
• Prepare updated certification forms that employees
needing leave under the amendments can take to military
authorities to verify their eligibility for leave;
• Establish procedures so that employees subject to these
leave entitlements can maintain benefits while on leave, and
to enable employees to be reinstated (when appropriate) at
the conclusion of their leave;
• Obtain and post updated FMLA posters for the worksites;
and
• Train employees and supervisors on the FMLA’s new
obligations and rights.
Arnstein & Lehr will provide additional notices and
information when the Department of Labor issues any
regulations defining or interpreting the new FMLA
provisions. In the meantime, if you have any questions
regarding the new FMLA amendments, or any other
employment related question, please contact E. Jason
Tremblay or your Arnstein & Lehr LLP employment
attorney.
Sonja Dickens David Dunkin Mark Enright
 5

Notable cases & victories Miami associate Andrea Cox, recently secured a defense verdict on
a premises liability case in Miami-Dade County where the plaintiff
Three successfully argue board’s decision to sought $1.3 million in damages.
increase workers’ compensation premium Hardeman and Cox represented a North Miami Exxon service
station where the plaintiff, a 24-year-old Hispanic male, claimed
An Arnstein & Lehr trucking company client was recently audited
to have been a customer using the carwash. When he stepped out
and received a bill for their workers' compensation insurance which
of his pick-up truck, he claims to have stepped into a 2' X 2' drain
increased their premium from $1,400 to more than $160,000. The
hole, which did not have its metal grate in place. He dislocated a
insurer claimed that all of the company's independent contractor
finger and began complaining of lower-back pain. Six months after
truckers were "employees" of the trucking company. It was in a
the accident, he had lower-back surgery for a herniated disc. His
position to block the client from obtaining workers’ compensation
medical bills were about $60,000. He also claimed lost earnings and
insurance on its few real employees unless it paid up. Because the
lost earning capacity of $300,000 and past and future pain and suf-
company could not operate without workers’ compensation insur-
fering and disability of $1 million.
ance, or because of the huge unexpected expense, this situation put
the trucking company's continued survival in doubt. Arnstein &
Hardeman and Cox’ client claimed the man was actually hired to
Lehr partners, Brandon Bell, Mary Cannon Veed and Jason Trem-
work at the carwash and had started there on the morning of the ac-
blay took the matter to the Illinois Workers’ Compensation Appeals
cident. He slipped on the wet concrete floor and injured his finger.
Board (WCAD), which ordered the insurer to allow the client
His lower-back injury, they argued, was related to a prior high speed
access to insurance while the dispute was pending. The team then
automobile roll-over accident that had occurred a few months ear-
demonstrated that the truck drivers had been mischaracterized. The
lier. After two-and-a-half hours of deliberations, the jury returned
WCAB ordered a new premium audit which reduced the additional
a verdict for Hardeman and Cox’ client. No money was awarded
premium to $600. The team also advised the client concerning
to the plaintiff. There are no post-trial motions and the plaintiff
ways to protect themselves and ensure this situation did not reoccur.
confirmed he will not appeal.

Chicago partners negotiate Eveland and Delarmente defend

purchase of Chicago industrial complex
Chicago Partner Allan Goldberg and Chicago Attorney Robert
Lasky recently represented a client on the acquisition of an indus-
trial complex on Western Avenue in Chicago consisting of one city
block and six vacant buildings. The acquisition involved negotia-
tions with a very demanding seller insisting that the purchaser buy
the complex with no representations or warranties and limited
due diligence. There were also serious environmental problems
which Chicago partner Bill Anaya was able to resolve after lengthy
discussions. He also reviewed existing and additional environmen-
tal reports to the client’s satisfaction. In addition, the team had to
negotiate the rehabilitation contract with a major industrial builder
who was included in this project.
Hardeman and Cox successfully defend
client in $1.3 million premises liability case
Don Hardeman, a partner in Arnstein & Lehr’s Miami office, and
learning disabled student
Chicago Associates William Eveland and Raechelle Delarmente
recently represented a learning disabled student who was improp-
erly removed from the Chicago Military Academy. The Individu-
als with Disabilities Education Act (IDEA) mandates that certain
procedural safeguards are to be followed when a school changes the
placement of a learning disabled student. In the case at hand, the
school district removed the student due to disciplinary reasons, but
maintained that it simply disenrolled the student from a voluntary
military school and placed him back in his originally assigned school
within the district. The school district argued that a transfer of
schools within the same school district was not a change of place-
ment and, therefore, did not trigger the IDEA safeguards. Navigat-
ing an unsettled area of the law, Eveland and Delarmente success-
fully argued that, because the student’s removal was in fact based on
disciplinary reasons, a change of location on that basis constitutes
a change of placement as contemplated by the IDEA and relevant
Seventh Circuit case law. As such, the hearing officer determined

Toby Eveland Thadford Felton Loren Fender Scott Frank Michael Gesas David Golin

A r n s t e i n & L e h r U p d at e | Su m m e r 2 0 0 8
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that the student was entitled to the IDEA procedural safeguards
prior to his removal, finding in his favor and against the Chicago
Public Schools.
Three represent sibling in guardianship suit
Chicago Partner Steven Malitz, along with Partners Bruce Ba-
lonick and Robert Ury, represented one brother in a contested
guardianship suit. The client's mother appointed him power of at-
torney for healthcare and property, to the exclusion of another son.
For many years, the client faithfully handled the mother's financial
and healthcare affairs. The client's brother filed a petition with the
probate court alleging that their mother required a guardian due
to our client's abuse of the powers of attorney. Arnstein & Lehr
attorneys successfully moved to dismiss the petition for guardian-
ship arguing that the mother did not need a guardian in light of the
powers of attorney executed by the mother in favor of our client and
that, nonetheless, the client had fulfilled his duties as the agent for
healthcare and property.
Six months later, the client's brother filed a petition to revoke our
client's powers of attorney arguing for the second time that the
client abused the agency. Arnstein & Lehr obtained the dismissal
of this second petition arguing that, in dismissing the first peti-
tion, the court had found that our client had fulfilled his duties as
agent. Three months thereafter, the client's brother filed yet another
petition to revoke our client's powers of attorney, arguing the same
abuse by the agent. Malitz, Balonick and Ury won the dismissal of
this petition. After three defeats in court, the brother filed another
suit against our client, in his individual capacity, seeking reimburse-
ment for healthcare services rendered to the mother. In connection
with this suit, the brother subpoenaed the mother for deposition.
Our attorneys had the subpoena quashed, under threat of sanctions
against the brother and his counsel. Through their efforts, Malitz,
Balonick and Ury succeeded in preserving the mother's wishes
regarding her care.
Balonick, Malitz and Lau
win case against rogue business
Chicago Partners Bruce Balonick and Steven Malitz, together with
associate Laura Lau, achieved a significant victory in the first of a
number of such actions to be filed against rogue businesses acting
Attorneys featured in this issue
Maggie Hanel Alan Goldberg Don Hardeman
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as currency exchanges without licensure by the Illinois Department
of Financial Institutions. Arnstein & Lehr represents many Illinois-
licensed community currency exchanges. On behalf of one such
community currency exchange, the firm attorneys sought injunctive
relief and damages for unfair competition against a business operat-
ing in its community as a currency exchange, but without a license
to do so. The unlicensed business was cashing checks for a fee in
violation of the Currency Exchange Act. The business claimed that
it was exempt under the Act, because it was engaged in the business
of selling tangible personal property at retail--the so called "mer-
chant’s exemption."
Despite the claimed exemption, Arnstein & Lehr attorneys argued
that the business had admitted under oath that it was principally en-
gaged in the business of wiring funds for a fee and, therefore, could
not meet the statutory definition of a merchant. The judge agreed
and granted the requested extraordinary injunctive relief restraining
the business from cashing checks for a fee or otherwise rendering
any services requiring licensure under the Currency Exchange Act.
The injunction is now pending while Arnstein & Lehr attorneys liti-
gate the monetary damages its client is entitled to receive as a result
of the unfair competition by the unlicensed business.
Malitz defends real estate seller
Chicago Partner Steven Malitz successfully defended a seller of real
estate in a negligent misrepresentation claim. The buyer sought sub-
stantial monetary damages claiming that the seller--who allegedly
remodeled and flipped the property--knew or should have known
that the house was previously damaged by fire. The buyer therefore
claimed that the seller should have disclosed the extensive fire dam-
age to the buyer in the mandated residential real property disclosure
report at the time of contract. Mr. Malitz argued that, assuming the
seller negligently failed to discover and disclose such damage, the
seller nonetheless had no duty to disclose such damage to the buyer.
The attorney also argued that the buyer's claim was barred under the
Moorman Doctrine which prohibits tort claims where a contract
governs the parties' relationship and the plaintiff has incurred only
economic losses. The buyer argued that the Moorman Doctrine did
not apply because the seller was in the business of supplying infor-
mation for the guidance of others in their business transactions with
third parties. Malitz convinced the judge that the seller was merely
selling property he owned and any information the seller provided
Whitney Harrell Phillip Hudson, III Martin Kalish

to the buyer was merely ancillary to the sale. Because the seller was
not in the business of supplying information to the buyer, the seller
owed no duty to the buyer to disclose any such damage and the
Moorman Doctrine barred the claim. Malitz obtained the dismissal
of the suit without the need of any discovery, depositions or a trial.
Felton and Tremblay obtain
dismissal of racial discrimination charge
Chicago Partners Jason Tremblay and Thadford Felton recently
obtained a dismissal of a racial discrimination charge filed against
a large hospital supply company before the Pennsylvania Human
Rights Commission (PHRC). The complainant, a former fork-
lift operator who was assigned to work at the client’s facility by a
temporary agency, was released after approximately 45 days due to
his poor work performance and his threatening behavior towards a
co-worker. In his charge, the complainant alleged that his supervi-
sor at the facility made racial epithets towards him and that he was
unlawfully terminated based on his race. The worker sued both
the client as well as the temporary agency that assigned him there,
under a joint employer theory. However, after submitting Arnstein
& Lehr’s responsive submissions and position statement, the PHRC
dismissed the complainant’s charge outright without a hearing,
stating that there was a lack of any evidence that the decision to
terminate him had anything to do with his race.
Tremblay and Malitz win summary
judgment on sexual harassment lawsuit
Chicago Partners Jason Tremblay and Steven Malitz recently
obtained a summary judgment on a Title VII sexual harassment and
retaliation lawsuit filed against a large plastic bottle manufacturer in
federal court.
The plaintiff, a current employee of the company, was the only
female in its apprenticeship program. While her work performance
was poor, she was ultimately removed from the apprenticeship pro-
gram because she violated the attendance policy.
In her complaint, however, the plaintiff claimed she was denied
training opportunities, disciplined more frequently than males, and
removed from the apprenticeship program because she was female.
She additionally alleged that she was subjected to a sexually hostile
work environment and was retaliated against for complaining to
Alan Kipnis Lindsey Lamchick Robert Lasky
7
management about her treatment in the program.
After more than a year of extensive discovery (including 10 deposi-
tions and numerous discovery-related motions), the district judge
granted Arnstein & Lehr’s motion for summary judgment on behalf
of the company and dismissed all of the plaintiff's claims against
it with prejudice. In so holding, the court ruled that the evidence
was convincing that the plaintiff was treated “more favorably, not
less favorably” than male workers and that our client was therefore
“clearly” entitled to summary judgment based on the extensive
record.
Snyder provides tax advice to Crystal Fibre A/S
Chicago Partner Edward Snyder recently provided guidance on
U.S. tax matters to Crystal Fibre A/S, a major Danish corporation,
considering an acquisition of a U.S. business. Crystal Fibre A/S is
a wholly owned subsidiary of NKT Holding A/S. NKT's principal
activities, through three major subsidiaries, are the manufacture and
supply of professional cleaning equipment, power cables and optical
components.
Ropiequet wins second appeal for banking client
Chicago Partner John Ropiequet recently won a second appeal for
a banking client that affirmed a summary judgment on a lender lia-
bility counterclaim against the bank. The bank sued on a $1 million
indebtedness and the borrower countersued. Summary judgment
for the bank on the debt was affirmed on an earlier appeal. The bor-
rower's second appeal was dismissed on jurisdictional grounds.
New additions
Bankruptcy practice strengthened
with addition of Gesas and Golin
Attorneys Michael Gesas and David Golin recently joined the firm
as partners in our Bankruptcy, Creditors' Rights & Restructuring
Practice Group. Gesas and Golin join the firm from Gesas, Pilati,
Gesas and Golin, Ltd., a Chicago bankruptcy boutique, bringing
with them more than 50 years combined experience.
Gesas is a graduate of the University of Wisconsin and received his
law degree from the John Marshall School of law. He brings to
Arnstein & Lehr 24 years of experience representing lenders, credi-
Laura Lau Neville Leslie Samuel Levine
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8
tors and commercial debtors in corporate and business reorganiza-
tions. His practice includes liquidation proceedings, compositions,
assignments for the benefit of creditors, asset acquisitions and sales
through the bankruptcy court and other forums, workouts, contract
negotiations and related commercial representation and litigation.
Golin graduated from the University of Michigan and received his
law degree from Georgetown University Law Center. With more
than 27 year's experience, his practice includes the representation
of financially distressed businesses, from family owned to multina-
tional, in loan restructurings, workouts, Chapter 11 reorganizations,
Chapter 7 liquidations, and assignments for the benefit of creditors.
He also represents secured lenders, landlords, equipment lessors,
bondholders, mechanic lienholders, and other creditors in connec-
tion with their claims against debtors.
Five attorneys join our Miami office
Robert Rudock, Loren Fender, and Whitney Harrell recently
joined Arnstein & Lehr from the Miami firm of Rumberger, Kirk
& Caldwell, PA. Dr. Martin Kalish also recently joined the office
from the law firm of Zuckerman Spaeder and Lindsey Hirschfeld
Lamchick joins the office as an associate.
Rudock focuses his practice in the defense of product liability claims
with an emphasis on automotive products, having litigated and tried
numerous cases for automotive manufacturers throughout the coun-
try during his 25-year career. He represents these clients in litigation
involving vehicle components and systems including seatbelts and
occupant restraints, airbags, roofs, brakes, seats, window glazing,
transmissions and suspension systems. He is a graduate of Ship-
pensburg University and Ohio Northern University Pettit College
of Law.
Fender’s practice is concentrated on commercial and tort litigation
with emphasis in complex product liability matters involving cata-
strophic personal injury and wrongful death. He represents manu-
facturers and distributors of consumer products, industrial products
and motor vehicles throughout Florida's state and federal courts.
He is a graduate of the University of Florida and the University of
Florida College of Law.
Harrell’s practice focuses on the areas of product liability and asbes-
tos defense litigation. She is a graduate of Florida State University
Attorneys featured in this issue
Christina Lutz Steven Malitz Ron Marlowe
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where she received both undergraduate and graduate degrees. She is
also a graduate of St. Thomas University College of Law.
Dr. Kalish represents hospitals, physicians, physician groups, and
businesses engaged in the health care industry. With an emphasis
on state and federal regulatory analysis, Dr. Kalish also assists clients
in judicial and administrative proceedings and assists in the defense
of clients who are the target of health care fraud investigations,
including representing clients before the Office of Inspector General
of the Department of Health & Human Services, state licensing
boards and medical disciplinary boards. Additionally, he advises
and participates in hospital-physician credentialing, medical staff
bylaws-related issues, peer review, and corrective action proceed-
ings, matters involving hospital-physician relationships, and hospital
operational issues.
Prior to joining Arnstein & Lehr, Kalish was co-chair of the health
care group at the law firm of Zuckerman Spaeder. He has held
faculty appointments at the Johns Hopkins University School of
Medicine, Harvard Medical School, the Albert Einstein College of
Medicine, and the University of Miami School of Medicine. Dr.
Kalish received his B.A. from Brandeis University and his M.D from
the Albert Einstein College of Medicine. He trained in internal
medicine at Albert Einstein and in Rheumatology at Massachusetts
General Hospital. He is a Diplomate of the American Board of
INternal Medicine and a Diplomate in the Subspecialty of Rheuma-
tology.
Hirschfeld Lamchick previously worked as an associate for Hall,
Lamb and Hall, P.A., in Miami handling matters from pre-suit
investigation to post-execution enforcement proceedings. She
received her undergraduate degree from Syracuse University and her
law degree from the University of Miami School of Law.
Steven Newburgh boosts litigation
capabilities of West Palm Beach office
Attorney Steven Newburgh recently joined Arnstein & Lehr’s West
Palm Beach office as a partner.
Formerly a partner at Fowler White Burnett P.A., Newburgh will
focus his practice on construction law, construction lien litigation,
complex commercial litigation, real estate litigation, estate and
probate litigation and intellectual property litigation.
Hal Morris Cynde Munzer Guy Quattlebaum

He is a member of the Palm Beach County Economic Forum. He
has been honored by the U.S. District Court, Southern District of
Florida for "Outstanding Service and Dedication to the Court and
its Pro Bono Program" and the Florida Supreme Court for "Out-
standing Pro Bono Service." He received his B.A. from the Univer-
sity of Wisconsin-Madison and his J.D. from Nova Southeastern
University School of Law.
Firm welcomes attorney to Tampa office
Attorney Maggie Hanel recently joined Arnstein & Lehr’s Tampa
office. She will concentrate her practice in the areas of commercial
litigation, creditor's rights and bankruptcy. Previously she was
an associate with the Chicago law firm of Grippo & Elden, LLC.
Hanel also served as a law clerk for the Department of Defense,
United States Navy and the Office of the General Counsel. She
received her bachelor’s degree in urban studies from Columbia Uni-
versity and her juris doctor from Notre Dame Law School.
Cheryl Zickler joins Fort Lauderdale office
Attorney Cheryl Zickler joined Arnstein & Lehr’s Fort Lauderdale
office on July 1, of counsel. Formerly, a solo practitioner, Zickler
will concentrate her practice in the areas of appellate law and juve-
nile justice. She also has experience in the areas of civil litigation,
federal prctice, Constitutional law, and dependency law. She will
be a member of the firm’s criminal and appellate practice groups.
Zickler received her bachelor’s degree in finance from Syracuse
University and her juris doctor from Nova Southeastern University
Law Center.
Three associates join Chicago office
Meghan Dwyer, Christina Lutz and Tim Tyler recently joined the
Chicago office of Arnstein & Lehr as associates. All three served as
2007 summer associates at the firm.
Dwyer is a 2008 graduate of the Indiana University School of Law
and Indiana University. Lutz is a 2008 graduate of Chicago-Kent
College of Law and Swarthmore College. Tyler is a 2008 graduate
of DePaul University College of Law and the University of Michi-
gan.
John Ropiequet Robert Rudock Daniel Schlade
9
Honors and appointments
Anaya receives Caring Hearts
award, White House recognition
Chicago Partner Bill Anaya was one of 13 people who received the
Caring Hearts Outstanding Volunteer Recognition Award at a cer-
emony on March 18. Anaya received the honor from the Volunteer
Center of Northwest Suburban Chicago for his legal work on behalf
of The Bridge Youth & Family Services.
The Bridge Youth & Family Services provides professional mental
health services to at risk children and their families to promote
behavioral and emotional health. Anaya and Arnstein & Lehr have
provided counsel, education and guidance for the board and staff to
the agency on a pro bono basis for several years, saving The Bridge
thousands of dollars in legal fees.
Anaya was recognized for his achievement with a certificate of ap-
preciation and a letter of congratulations from President George W.
Bush.
Chicago Mayor Daley recognizes
Arnstein & Lehr’s 115th anniversary
Chicago Mayor Richard M. Daley recently extended his congratu-
lations to Arnstein & Lehr on behalf of the City of Chicago in
recognition of our 115th anniversary.
The firm received a letter from the Office
of the Mayor, recognizing the achieve-
ment. It stated in part, “For over a cen-
tury, Arnstein & Lehr LLP has provided
quality legal representation for its clients.
Its success has made important contributions
to our local economy, providing jobs for our resi-
dents and helping make Chicago an even better place to live, work
and raise families. As you reach this landmark, allow me to send my
best wishes for much continued success in your endeavors.”
Jeff Shapiro Jerold Siegan Sharilee Smentek
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10
Swibel to chair Uniform Law Commission
committee, serve as charitable foundation trustee
The new president of the Uniform Law Commission, Oregon
Supreme Court Associate Justice Martha Lee Walters, recently ap-
pointed Chicago Partner Howard Swibel to chair the International
Legal Developments Committee of the Uniform Law Commission.
Swibel will also serve a four year term as one of the five trustees of
the Uniform Law Foundation, a separate charitable foundation that
supports the uniform law movement.
Butters named to REIS, LLC board of managers
Chicago Partner Robert Butters was recently named to the Real
Estate Industry Solutions, LLC (REIS), board of managers. REIS,
an Arnstein & Lehr client, is a subsidiary of the Florida Association
of Realtors. Its goal is to identify, develop and provide leading-edge
products and services that help real estate professionals succeed.
Butters is one of twelve members of the board of managers made up
of professionals with diversified backgrounds in marketing, technol-
ogy, finance, law and real estate association services.
Munzer honored by ADL
as Woman of Achievement
Chicago Partner Cynde Hirschtick Munzer received special rec-
ognition at the recent Anti-Defamation League's prestigious 15th
Annual Women of Achievement Dinner in Chicago. At the dinner,
attended by more than 600 people, Munzer was honored as a previ-
ous recipient of the Women of Achievement Award. As part of the
ceremony, she was called to the stage and her quote was read to the
audience as to what being a Woman of Achievement meant to her.
The Women of Achievement award recognizes women who have
excelled in their professional accomplishments and contributions to
the community at large. This year's recipients of the award included
Gloria Santona, chief legal officer of McDonald's Corporation, and
Andrea Zopp, senior vice president of human resources of Excelon
Corporation.
Guy Quattlebaum named to
Florida Trend's Legal Elite
West Palm Beach Partner Guy Quattlebaum was recently recog-
Attorneys featured in this issue
Ed Snyder Mark Spognardi Walter Starck
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nized by Florida Trend magazine in its 2008 edition of Florida Legal
Elite. The fifth annual Legal Elite special report recognizes and hon-
ors prominent Florida lawyers who are members of The Florida Bar.
It is part of the July issue of Florida Trend magazine. Attorneys in
private practice, prosecutors, in-house counsel, public-service at-
torneys and law school professors were recognized from tallied votes
by attorneys from around the state.
Pat Ayers appointed to advisory committee
Tampa Partner Pat Ayers was recently recognized by Federico
Moreno, Chief U.S. District Judge, Southern District of Florida,
for his assistance with the Court’s Advisory Committee on Rules
and Procedures. Ayers educated the Committee on post-judgment
collection proceedings in Florida and assisted it in drafting a local
rule guiding the Court in a more efficient and accurate resolution of
garnishment proceedings. For his efforts, Judge Moreno appointed
him a Special Member of the Advisory Committee.
Hudson named to Historical
Museum board of trustees
Miami Partner Phil Hudson was recently named to the board of
trustees of the Historical Museum of Southern Florida during its
68th annual member meeting.
The Historical Museum of Southern Florida tells the stories of
South Florida and the Caribbean. The museum promotes under-
standing of the past in order to inform the present and create a
better quality of life. It is one of the largest private, regional history
museums in the country.
Levine appointed to task force creating ADR
program for possible Olympic Games construction
Chicago Partner Samuel Levine was recently appointed to the
Society of Illinois Construction Attorneys Olympic Task Force. The
Task Force was created to support the Olympic effort and get the
construction industry on board with an alternative dispute resolu-
tion process that would prevent any work slowdown on building the
Olympic village and any other facilities needed for the games.
The goal of the Task Force is to draft a document and have contrac-
Paul Starkman Jason Tremblay Tim Tyler

tors sign a pledge that the city could submit to the International
Olympic Committee. It would illustrate the construction com-
munity’s support of the games and understanding of the need to get
construction done timely, without disputes delaying the building
process which the Society hopes would serve to help in securing the
Olympic bid.
In the news
Fort Lauderdale office hosts
reception for minority law students
On behalf of Arnstein & Lehr’s Diversity Committee, the Fort
Lauderdale attorneys and staff recently hosted local judges and first
year minority law school students at a cocktail reception in the
lobby of its office building. Students from St. Thomas University,
Florida International University, Nova Southeastern Law School
and the University of Miami were guests of the firm at the event,
held Thursday evening, April 10. Seventeenth Circuit Court Judges
Pedro Dijols and Catalina Avalos joined attorneys and guests. The
event was organized by Regional Administrator Carey Mansfield
and Diversity Committee member and Fort Lauderdale Partner
Sonja Dickens.
Attorneys participate in Lawyers in the Classroom
Chicago Partners Sharilee Smentek, Laura Lau, David Wayne,
Associate Elizabeth Wei, and Paralegal John Fuller taught at Chi-
cago’s Smyser Elementary school as part of the firm’s participation in
the Constitutional Rights Foundation’s “Lawyers in the Classroom”
project. The project partners attorneys with grade schools in the
Chicago area.
Our volunteers provide students with information based on real
life experiences, help develop students’ critical thinking skills, and
offer young people an opportunity to have a variety of positive role
models.
Teams visit their partner schools a minimum of three times
throughout the school year. This is Arnstein & Lehr’s third year of
association with this important pro bono initiative.
Robert Ury Mary Cannon Veed David Wayne
11
Books, journals and articles
Frank published in Commercial Lease Law Insider
West Palm Beach Partner Scott Frank recently authored an article
appearing in the April issue of the Commercial Lease Law Insider.
His article, “Get Three Protections in Commercial Condo Leases”
provides tips to owners drafting leases to address situations with
which they have little experience or exposure. His article identi-
fies the unique pitfalls owner’s need to be aware of when leasing
out commercial condominium units, including the potentially
significant exposure faced if using standard commercial lease forms.
Commercial Lease Law Insider newsletter is written to offer the lat-
est model commercial lease clauses and sample lease texts.
Shapiro and Leslie write
for Andrews Litigation Reporter
Miami Partners Jeffrey Shapiro and Neville Leslie recently
authored "How to Keep the Smoking Gun from Burning Your
Client," an article appearing in the January 7 issue of Andrews Liti-
gation Reporter Medical Devices. Documents from the FDA and
manufacturer's adverse-event reports are often seen as smoking guns
during litigation. Shapiro and Leslie explain why these materials
should not be introduced to the jury at trial and how to combat the
plaintiff's attempts to use the materials during litigation.
Morris and Kent students publish Law Review
Chicago-Kent Law School students wrote articles in a recent issue
of the Seventh Circuit Review that analyze decisions of the U.S.
Court of Appeals for the Seventh Circuit in the areas of bankruptcy,
civil procedure, civil rights, criminal law, due process, employment
discrimination, FDA regulations, Federal False Claims Act, federal
thrift regulation, Fourth Amendment law, immigration law, and
trademarks. Writing and publication of the law review is overseen
by Chicago Partner Hal Morris, who is an adjunct-professor at
Chicago-Kent.
Tremblay authors Employment Law Toolkit
Chicago Partner Jason Tremblay recently authored The Employ-
ment Law Toolkit: How to Protect Your Business from Liability and
Comply with State and Federal Employment Laws (January 2008
Elizabeth Wei Justin Weisberg Cheryl Zickler
A r n s t e i n & L e h r U p d at e | Su m m e r 2 0 0 8
12

edition). Among other topics, the Toolkit highlights some of the Oxley: Was it Worth It?” reviewing the consequences, both intended
significant laws and regulations facing employers in Illinois, as well and unintended, of Sarbanes-Oxley, was published in the DePaul
as offering practical suggestions on how employers can protect their Business & Commercial Law Journal. The quarterly Journal is
assets and avoid employment-related liability. To request a copy of distributed to almost five thousand subscribers in the United States
the Toolkit, please contact either Tremblay at ejtremblay@arnstein. and around the world. The discussion was held during the Fifth An-
com or Arnstein & Lehr's marketing department at marketing@ nual DePaul Business & Commercial Law Journal Symposium held
arnstein.com. in Chicago. The Journal is jointly published by the College of Law
and the Commercial Law League of America (CLLA). The CLLA is
Chicago attorneys serve as faculty for IICLE the oldest organization of attorneys and other experts in credit and
real estate seminar, write chapters for handbook finance actively engaged in the fields of commercial law, bankruptcy
and reorganizations.
Chicago Partners Bill Anaya, David Dunkin and Samuel Levine
recently served as faculty members for the 4th Annual Real Estate Say goodbye to paper and
Short Course presented by the Illinois Institute of Continuing Legal receive Update electronically!
Education. Held in Lisle, Illinois, the course offered Illinois real
estate attorneys with case law and statutory updates, an examination
Why? conservation. By choosing
You will get it faster. Opt for the electronic over the paper
of ethics and the role of the attorney in real estate transactions, and version, you will be helping the
Arnstein & Lehr’s Update news-
guidance in dealing with multi-jurisdictional issues in real estate environment.
letter in the electronic version
transactions.
and bypass the post office. We
will send you an e-mail message How?
Levine and Chicago Partner Dan Schlade coauthored Recession
with a link to the latest issue as Email us at:
and Levine authored Defense of Mortgage Foreclosures--chapters in
soon as it is posted to our Web marketing@anrstein.com.
IICLE's recently published Real Estate Handbook.
site, which also means you will We will add you to our elec-
receive it days sooner. tronic mailing list and send you
Chatz's panel discussion on Sarbanes-Oxley published
a link to receive our newsletters
in DePaul Business & Commercial Law Journal It is better for the environ- electronically.
ment. Contribute to paper
Chicago partner, Barry Chatz' panel discussion entitled “Sarbanes-

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