News from the Firm
Much Shelist Wins Summary Judgment for Wendy's on
$1.2 Million Sexual Harassment Case
Anne E. Larson, Chair of the firm's Labor & Employment practice group, won summary judgment on March 7, 2008, for Wendy's International, Inc. (NYSE: WEN) on all claims in Caen v. Wendy's Old Fashioned Hamburgers of New York, Inc., a case pending in the U.S. District Court for the Eastern District of New York. The plaintiff, a 17-year-old minor employee at the time of the incident, alleged that she was sexually harassed and forced to submit to nonconsensual sex by an assistant manager at the Wendy's store in Commack, New York. During the pendency of the case, the plaintiff made a $1.2 million settlement demand and gave media interviews, which resulted in articles about the lawsuit—the alleged harassment of a minor and forcible compulsion—in Newsday and the New York Post.
Despite the media attention, Wendy's won summary judgment and avoided a costly trial and attorney fee award for the plaintiff. Because judgment was entered in favor of Wendy's, costs were recently taxed against the plaintiff, so the judgment now requires the plaintiff to reimburse Wendy's for the costs it incurred in defending her claims.
The case was initially filed as a class action. In addition to the recent summary judgment that the firm won on the plaintiff's individual claims, a Much Shelist team achieved dismissal of the nationwide sexual harassment class action portion of the case in 2007.
Much Shelist Forms Advisory Board of Outside Business and Legal Experts
Much Shelist has formed a five-member advisory board of outside business and legal experts to deliver valuable advice and counsel to the firm's Management Committee on a broad range of issues that impact legal services. The board—which held its first meeting on June 25, 2008—is made up of thought leaders whose diverse perspectives and experiences will help Much Shelist deliver enhanced services to our clients.
"Just as large corporations commonly gain broad management insights from their directors or consultants, Much Shelist is taking a progressive approach for a law firm by turning to outside advisors to contribute to its strategic planning and ongoing operations," said David T. Brown, Chair of the Management Committee. "Our advisory board will help us, as leaders, broaden our perspectives on vital issues such as social responsibility, global and cultural changes, and other legal, business, economic and technological matters."
The formation of the advisory board reflects the firm's commitment to continuous improvement and our focus on serving middle-market clients, which requires a deep and evolving understanding of all types of issues and concerns that can have an impact a business.
Following are the members of the board, which will meet on a quarterly basis:
- Karina Ayala-Bermejo
Director of Community Services, The Chicago Bar Association
Executive Director, Sun-Times Judge Marovitz Lend-A-Hand to Youth Program
- William L. Becker
General Counsel and Vice President, Harpo Productions, Inc.
- Michael D. Levin
Retired Partner, Latham & Watkins
- Alan P. Sklar, CPA
President, Overbridge Consultants Group, Ltd./
Overbridge Executive Roundtables, Ltd.
- Steve Yastrow
Author, Speaker and Business Consultant
Click here to view the related story in the National Law Journal.
Brown Authors National Law Journal Piece on the Value of
Working with Middle-Market Firms
David T. Brown, Chair of the Much Shelist Management Committee, wrote an opinion piece for the June 30 edition of the National Law Journal. The article, which touts the benefits of working with middle-market firms, also draws a stark comparison between the value clients derive from these smaller regional firms and the obsession with profits that often characterizes the megafirm model. Titled "Too Big for Their Own Good," the piece effectively continues an important debate within the legal industry that David helped define in "Middle-Market Firms Thriving in the Land of Giants," which appeared in the July 2, 2007 issue of the National Law Journal.
Click here to read the full article.
Much Shelist Names New Principals, Re-Elects Management Committee
The firm recently named three new principals and elevated one existing principal to equity status. In addition, David T. Brown (Chair), Steven L. DeGraff, Don S. Hershman, Mitchell S. Roth and Steven Schwartz were re-elected to the firm's Management Committee, which is responsible for firm governance and strategic planning. The Management Committee members will serve for a year-long term beginning June 1, 2008.
Gregory B. Mann, elevated from Principal to Equity Principal, serves as vice chair of the firm's Wealth Transfer & Succession Planning group. Greg designs and implements estate and gift tax plans for individuals and family groups. His practice also includes implementing succession planning techniques for closely held corporations, administering probate estates, providing income tax planning and preparing gift and estate tax returns.
Jonna Daleiden Eimer, elevated from Special Counsel to Principal in the Business & Finance practice group, concentrates her transactional practice in mergers and acquisitions and general corporate law. Jonna represents a wide variety of organizations ranging from large corporate clients to smaller, entrepreneurial companies. She negotiates and documents complex mergers, stock and asset acquisitions and dispositions, employment and consulting agreements, and stockholder, limited liability company and partnership agreements.
Joel E. Resnick, elevated from Of Counsel to Principal in the Real Estate practice group, helps commercial real estate clients negotiate and close purchase, sale and financing agreements for retail, office, mixed-use, industrial and residential properties, including apartment and condominium buildings, brownfields and unimproved properties.
Wendy M. Reutebuch, elevated from Associate to Principal in the Real Estate practice group, represents clients in a wide variety of commercial real estate and real estate finance transactions.
Attorneys in the Spotlight
James M. Dash, a Principal in the firm's Construction Law practice, will speak at "Real Estate Law: Advanced Issues and Answers," a National Business Institute seminar to be held on September 9, 2008 in Schaumburg, Illinois. Jim's topic is "Liens on Real Property." For more information, visit www.nbi-sems.com.
Jeffrey C. Rubenstein, a Principal in the firm's Business & Finance group, is a member of the board of directors of the Hebrew Immigrant Aid Society (HIAS) and Chairman of the organization's international scholarship program. On June 23, 2008, Jeffrey conducted the annual HIAS scholarship awards program in New York City, where more than 100 scholarships were awarded for undergraduate, graduate and professional studies to young adults who have immigrated to the United States.
Glenn D. Taxman, a Principal in the Real Estate group and head of the firm's Orange County, California office, has been appointed to the Executive Committee of Region 57 of the American Youth Soccer Organization (AYSO). Founded in 1964 with nine teams, AYSO is a nationwide non-profit organization that develops and delivers quality youth soccer programs. Today, AYSO has more than 50,000 teams and more than 650,000 players.
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