1
Firm hosts third annual
Florida Supreme Court throws
out ‘false light’ invasion of
privacy cause of action
By Joel B. Rothman, Partner
Board Certified in Intellectual Property Law
In Rapp v. Jews for Jesus, the Florida Supreme Court ruled
that the cause of action for false light invasion of privacy is
not a valid cause of action in Florida. False light invasion of
privacy occurs when information is published about a person
that is false or places the person in a false light, is highly of-
fensive to a reasonable person, and is published with knowl-
edge or in reckless disregard of whether the information was
false or would place the person in a false light.
Although this tort is similar to defamation, it is not the
same. The report need not be defamatory to be actionable as
false light. False light includes embellishment (false mate-
rial added to a story, which places someone in a false light),
distortion (the arrangement of materials or photographs to
give a false impression) and fictionalization (works of fiction
containing disguised characters that represent real people or
references to real people in fictitious articles).
The plaintiff in Rapp filed suit against Jews for Jesus in
response to the publication of the account by the stepson of
the plaintiff about the stepson’s visit with the plaintiff and
the stepson’s ailing father, the plaintiff’s husband. The news-
letter account read:
I had a chance to visit with my father in Southern Florida
before my Passover tour. He has been ill for some time and
False Light Continued on page 2
Woman of Vision luncheon
Arnstein & Lehr
presented Anne
R. Pramaggiore,
the newly named
president and chief
operating officer
of ComEd, with
its 2009 Woman
of Vision Award
at a luncheon for
women business Chicago Partner Cynde Hirschtick Munzer (center)
leaders on July 23. wtih ComEd President Anne Pramaggiore the 2009
More than 150 Arnstein & Lehr Woman of Vision recipient and
of Chicago’s top Monica Weed, vice president and general counsel,
female business and Navigant Consulting.
professional leaders were in attendance for this year’s event.
The award, sponsored by the firm’s Diversity Committee,
recognizes and honors groundbreaking, inspirational women
who have made a difference in the professional world.
“I am honored to be the recipient of Arnstein & Lehr’s Wom-
an of Vision award,” Pramaggiore said. “The firm’s Diversity
Committee supports, advocates and exemplifies commitment
to a diverse and inclusive workplace, which is a core business
value for ComEd and something I am very passionate about.
I applaud the committee for their efforts and especially thank
all of the women who attended the luncheon.”
Pramaggiore joined ComEd’s legal team in 1998. In her cur-
rent role as president and chief operating officer, Pramaggiore
is responsible for overseeing the day-to-day operations of
ComEd, which has 5,900 employees and revenues of approxi-
mately $6.1 billion.
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False Light Continued from page 1
Joel B. Rothman is a partner
in the firm’s West Palm Beach
office. Board certified in
Intellecual Property Law,
Mr. Rothman represents
individual and corporate
clients in intellectual property
infringement litigation
involving patents, trademarks,
copyrights, trade secrets, trade
libel and related commercial
matters. His litigation
practice also includes
significant focus on electronic
discovery issues such as
e-discovery management and
motion practice relating to
e-discovery.
Mr. Rothman also files
applications for trademark
and copyright registrations,
represents companies in
licensing and acquisitions,
and advises clients on
information security and
privacy matters. Mr. Rothman
has significant employment
litigation experience as
well, including defense of
Fair Labor Standards Act,
wrongful termination, and
discrimination matters.
A substantial portion of Mr.
Rothman’s practice is devoted
to representing dietary
supplement companies in FDA
and FTC regulatory matters,
transactions and litigation.
Mr. Rothman publishes
the Nutritional and Dietary
Supplement Law Blog at
www.nutrisuplaw.com that
provides information and
resources on laws and
regulations that apply to
the manufacture and sale of
supplements, functional foods,
and cosmetics.
www . a r n s t e i n . c o m
I was afraid that I may not have another
chance to be with him. I had been witness-
ing to him on the telephone for the past
few months. He would listen and allow me
to pray for him, but that was about all. On
this visit, whenever I talked to my father, my
stepmother, Edie (also Jewish), was always
close by, listening quietly. Finally, one morn-
ing Edie began to ask me questions about
Jesus. I explained how G-d [sic], gave us
Y’Shua (Jesus) as the final sacrifice for our
atonement, and showed her the parallels
with the Passover Lamb. She began to cry,
and when I asked her if she would like to ask
G-d for forgiveness for her sins and receive
Y’Shua she said yes! My stepmother repeated
the sinner’s prayer with me-praise G-d! Pray
for Edie’s faith to grow and be strengthened.
And please pray for my father Marty’s salva-
tion.
Based upon this publication, which the
plaintiff claimed placed her in a false light
regarding her religious beliefs, the plaintiff
filed suit against Jews for Jesus. The plaintiff
also asserted claims for defamation and in-
tentional infliction of emotional distress. The
trial court dismissed the initial complaint.
An amended and second amended complaint
were also dismissed, and the plaintiff ap-
pealed. On appeal the Fourth District Court
of Appeal rejected the defamation claim but
certified the question of whether Florida
recognized a claim for false light invasion of
privacy to the Supreme Court of Florida.
The Supreme Court discussed two concerns
raised by other courts that have rejected the
tort of false light: (1) it is largely duplicative
of defamation, both in the conduct alleged
and the interests protected, and creates the
potential for confusion because many of its
parameters, in contrast to defamation, have
yet to be defined; and (2) without many of
the First Amendment protections attendant
to defamation, it has the potential to chill
speech without any appreciable benefit to
society.
With regard to the first point, the Court not-
ed that defamation law already encompasses
claims that would fall under the definition of
false light, such as “the concept that literally
true statements can be defamatory where
they create a false impression.” The Court re-
ferred to this as “defamation by implication”
and cited several Florida DCA opinions that
have discussed the tort.
As to the second point, the Court discussed
the different standards applicable to the tort
of false light versus defamation.
As the Restatement explains, it is “not . . .
necessary to the action for invasion of privacy
that the plaintiff be defamed. It is enough
that he is given unreasonable and highly
objectionable publicity that attributes to him
characteristics, conduct or beliefs that are
false, and so is placed before the public in
a false position.” See Restatement (Second)
of Torts § 652E cmt. b. For the tort of false
light, the standard is whether the statement is
highly offensive to a reasonable person. Id. §
652E(a). Conversely, a defamatory statement
is one that tends to harm the reputation of
another by lowering him or her in the esti-
mation of the community or, more broadly
stated, one that exposes a plaintiff to hatred,
ridicule, or contempt or injures his business
or reputation or occupation.
For the court the critical issue boiled down to
the fact that false light is defined in subjec-
tive terms versus defamation which is defined
more objectively.
The court also raised First Amendment con-
cerns. According to the Court, the false light
“highly offensive to the reasonable person
standard” raised a potential chilling effect on
free speech because liability depended too
much on subjective concerns of the plaintiff.
The Court rejected the suggestion that it
False Light Continued on page 3
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Firm co-sponsors event on Kedrowski was originally scheduled to speak at the recent
POWER: Opening Doors for Women Corporate Leadership
water technology in Israel Dinner, but was unable to attend. The firm arranged this
special networking opportunity exclusively for the women of
On July 22 the firm
Arnstein & Lehr and their guests.
co-sponsored Water,
the Israeli Experience
in the Chicago
office. The speaker
LGBT domestic violence topic of
for the event was discussion at firm hosted CLE seminar
Assaf Barnea, CEO
of Kinrot Ventures, The Chicago office of Arnstein & Lehr hosted a continuing
a water technology legal education seminar on May 29 on domestic violence is-
incubator. Mr. sues facing the lesbian, gay, bisexual and transgender (LGBT)
Barnea discussed Kinrot Ventures’ Assaf Barnea talks to attendees community. Entitled The Last Thing Hanging in the Closet:
of the water technology in Israel seminar held Domestic Violence in LGBT Relationships (Legal Issues and
the development of recently at Arnstein & Lehr LLP.
new water technology Remedies), the seminar was presented by the Chicago Lesbian
and the role of Israeli and Gay Bar Association.
water innovation and overcoming challenges.

More than 60 professionals involved in water treatment and

technology attended the seminar. The event was co-sponsored
by the Israel Midwest Economic Mission, America-Israel
Chamber of Commerce, Ben-Gurion University and the
Consulate General of Israel to the Midwest.
Firm hosts women’s
networking luncheon
Chicago Partner Cynde Hirschstick Munzer and Arnstein
& Lehr hosted a women’s corporate leadership networking
luncheon on July 15 in the Chicago office.
Speakers were Kathleen Kedrowski, managing director of
Navigant Consulting, and Monica Weed, vice president,
secretary and general counsel of Navigant Consulting.
They told their stories of struggle and triumph as they
climbed the corporate ladder to their current positions. Ms.
Florida Supreme Court
throws out ‘false light’
Continued from page 2
could extend defamation protections to false light as other
jurisdictions have done, but determined that this should be
left to the legislature. The Court also noted in a parting shot
that no case has been identified where a claim based solely on
false light was upheld, which signaled to the Court that the
tort was irrelevant.
Finally, the Court held that the applicable standard in defa-
mation cases is the Restatement standard that the defamatory
statement prejudices the plaintiff in the eyes of a “substantial
and respectable minority” of the community.
Thus, in the future, plaintiffs who would normally claim false
light must plead a claim for implied defamation and meet the
applicable standard for the communication at issue.

Attorneys featured in this issue

William Anaya Bruce Balonick Dale Bergman Howard Berrington Mary Cannon-Veed

A r n s t e i n & L e h r U p d at e | F all 2 0 0 9
4

Chicago office. Prior to joining Arnstein & Lehr, Berrington was

Firm co-hosts Corporate a partner in the Corporate Practice Group at Levenfeld Pearlstein,
Leadership dinner LLC.

Arnstein & Lehr LLP recently served as co-host for a Corporate John Turner joins West Palm Beach office
Leadership dinner along with the International Lawyers Network John Turner recently joined the West Palm Beach office as a partner
(ILN) as part of the 2009 POWER: Opening Doors for Women in the Business Organizations, Litigation and Intellectual Property
event in Chicago. The dinner took place May 14. Arnstein & practice groups. Turner also represents clients in corporate transac-
Lehr, a member of tional matters including trademark registration and the negotiation
ILN, broadcast the of licensing agreements, franchise agreements, and lease and termi-
dinner live over the nal operating agreements. Prior to joining Arnstein & Lehr, Turner
internet to ILN’s was a partner with Buckingham, Doolittle & Burroughs, LLP.
female attorneys
within its 91 full- Dale Bergman joins Fort Lauderdale office
service member Dale Bergman has joined the Fort Lauderdale office as a partner in
firms. the Corporate Securities and Business Organizations & Transactions
Practice Groups. Prior to joining Arnstein & Lehr, Bergman was an
The event, billed equity member in the Miami law firm of Kluger, Peretz, Kaplan &
as a networking Berlin, P.L.
program for wom-
en, began with a Three associates join firm in Chicago, Miami offices
networking recep- Three associates also joined Arnstein & Lehr this fall. They are Julie
tion with several Meyer and Katelyn Rose Letizia who reside in our Chicago office
hundred women Wynona Redmond, Dominick’s (left); Deidre Brekke, and Steven Appelbaum who joins our Miami office. Meyer and
at Chicago’s Swis- Pactive Corporation (center); and, Cynde Hirschtick Letizia served as summer associates with the firm and will work in
sôtel, followed Munzer, Arnstein & Lehr LLP(right). the area of litigation. Appelbaum also served as a summer associate
by simultaneous in our Miami office.
breakout dinners at different venues throughout the city focused
on specific industries and themes.
Providing a broad range
The Corporate Leadership dinner was co-hosted and moderated by
Arnstein & Lehr Partner Cynde Hirschtick Munzer and Wynona of services in situations
Redmond, director of public affairs & government relations at involving financially
Dominick’s, which was also a co-sponsor of the event. troubled businesses and
individuals.
Firm welcomes three
partners and three associates Barry Chatz moderates business seminar
Bankruptcy Partner Barry A. Chatz moderated a seminar entitled
“Workouts & Turnarounds: Non-Bankruptcy or Pre-Bankruptcy
Howard Berrington joins Chicago office for the distressed business.” Attendees worked out strategies for
Howard Berrington recently joined the firm as a partner in the business counsel, the role of the lender’s counsel and pre-bankruptcy
Business Organizations & Transactions, Bankruptcy & Creditors’ planning. The seminar was held at Chicago’s UBS Tower. Arnstein
Rights and Banks & Financial Institutions practice groups in the & Lehr hosted the seminar and networking lunch.

Attorneys featured in this issue

Jenifer Caracciolo Barry Chatz Vanessa Cohn Andrea Cox Toby Eveland

www . a r n s t e i n . c o m

David Golin speaks to auto dealers
on manufacturer bankruptcies
Bankruptcy Partner David A. Golin spoke to members of the
Illinois Automobile Dealers Association (IADA) on May 12 in
Springfield, Illinois, during the IADA’s Survival & Legal Bankruptcy
Seminar. Golin’s presentation discussed Chapter 11 bankruptcy
issues and the effects and ramifications of the Chrysler bankruptcy
and the then-potential General Motors bankruptcy on their dealer-
ships.
Barry Chatz addresses economic
crisis in Financier Worldwide magazine
Bankruptcy Partner Barry Chatz was recently invited to participate
in a roundtable discussion with other U.S. financial experts with
their responses forming the basis of an article in the September issue
of Financier Worldwide magazine. Panelists were asked to provide
their thoughts on topics such as the recent U.S. bankruptcy market,
macroeconomic trends affecting businesses, the effectiveness of
reorganization and restructuring. Financier Worldwide magazine
is a leading publisher of news and analysis on the global corporate
finance market place.
Providing services for both
privately and publicly held
businesses in a diverse
range of industries, as well
as municipalities and not-
for-profit organizations.
Arnstein & Lehr completes
large stock sale despite economy
Partners Barry Chatz, Mark Miller and Erik Kantz completed
a $23 million sale of stock involving installment payment and
multi-tiered subordination arrangements involving institutional and
private lenders.
Howard Swibel retained as expert witness on issue
concerning Uniform Foreign Money Claims Act
Chicago Partner Howard Swibel was retained as an expert witness
in a multi-million dollar divorce case pending in the Court of Com-
Adam Fayne Scott Frank
5
mon Pleas in Hamilton County (Cincinnati), Ohio. He testified
on June 9 before the presiding Magistrate concerning the issue of
whether the Uniform Foreign Money Claims Act (UFMCA) applied
to the luxury London-based manor house owned by the couple.
The UFMCA allows any claimant to assert a claim in foreign
money. It also allows any opposing party to contest such a claim,
and to assert and prove that a different money should be the basis
for the claim. The issue concerning the manor house was when the
Euros should be converted to dollars, and the difference in valuation
dates amounted to nearly half a million dollars. Swibel, who had
helped draft the statute 20 years ago, testified that the UFMCA was
not applicable and on August 5 the Magistrate so ruled.
Bruce Balonick to speak at Financial
Service Centers of America 2009 Conference
Chicago Partner Bruce Balonick is presenting a workshop entitled
“Legal and Tax issues in buying and selling off a financial service
business” at the Financial Service Centers of America 2009 Confer-
ence in Colorado Springs on October 22-25.
Mark Miller has busy year representing
International Archery Federation
Business Partner Mark Miller made several trips this spring and
summer as chair of the International Archery Federation’s (FITA)
Constitution and Rules Committee, of which he has been a com-
mittee member since 2005. As committee chair, he also serves as
an ex officio member of FITA’s governing council. In addition, he
currently serves as a member of FITA’s Youth Development Com-
mittee. He attended the 2009 Youth World Championships held
in Ogden, Utah, and presented medals and flowers as a Council
member along with members of the International Olympic Com-
mittee and other dignitaries.
A past president of USA Archery, Miller attended FITA Constitu-
tion and Rules Committee meetings in Regensburg, Germany, and
Ulsan, Korea. In November he will travel to FITA meetings in
Rome and Germany.
Bergman quoted in Hedge Fund Law Report
Fort Lauderdale Partner Dale Bergman was quoted in a September
2 article appearing in the Hedge Fund Law Report entitled, “Hedge
David Golin Judy Grubner Richard Hellerman
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Funds are Purchasing or Launching Mortgage Servicers to Take
Advantage of Increased Opportunities in Distressed Residential
Mortgages.” In the article, Bergman was quoted discussing how
banks are being compelled to increase lending as the economy
begins to recover.
Howard Swibel interviewed on
Uniform Partnership Act for upcoming book
Chicago Partner Howard Swibel was interviewed by a researcher
at the University of Memphis School of Law in connection with an
upcoming course book entitled “Cases and Exercises on Corpora-
tions and Business Entities: A Practical Approach,” to be published
next year by Aspen Publishing. Swibel was asked to comment on
the Uniform Partnership Act which he helped draft in 1997.
Dale Bergman provides thoughts on solutions
for condo developers struggling to sell units
Fort Lauderdale Partner Dale Bergman was asked for his thoughts
in the South Florida Business Journal on Miami-based Yale Mortgage
qualifying condominium unit buyers for five-year balloon mortgages
as a way to cut the balance of a construction loan to secure mort-
gage notes that can generate cash flow. His comments appear in an
article entitled Slice-and-dice time for condo loans.
Assisting clients in
navigating the current
economic climate through a
multi-disciplinary approach
that serves to shield them
from financial distress.
Alan Kipnis discusses South Florida
foreclosure purchases on Comcast Newsmakers
Fort Lauderdale Commercial Solutions Group Partner Alan Kipnis
was interviewed recently for Comcast’s Newsmakers South Florida
news program to discuss his views as an authority on area foreclo-
sure purchases.
Newsmakers South Florida keeps viewers informed about important
local issues and events directly impacting Miami-Dade and Broward
County residents. It regularly features community leaders, opinion
makers, and elected officials. Kipnis’ five-minute segment aired
several times during the months of May and June.
Attorneys featured in this issue
Cynde Hirschtick Munzer Arthur Janura Martin Kalish
www . a r n s t e i n . c o m
Representing private,
public, local and interna-
tional clients in a variety
of construction-related
transactions and litigation
matters.
Samuel Levine authors article on
contractor protections through mechanics liens
Construction Partner Samuel Levine recently authored an article
that appeared in both the June issue of Colorado Construction maga-
zine and the July issue of Modern Contractor Solutions magazine.
The article, entitled Punchlist Commentary: Protection for Contrac-
tors through Mechanics Liens addresses the recent trend of contractors
asserting their rights through mechanics lien claims as a vehicle for
payment. Levine examines lien claims, owner and lender notifica-
tion, claim recording and bankruptcy in the article.
Justin Weisberg speaks on risks,
obligations of construction shop drawings
On September 16 Chicago Construction Partner Justin Weisberg
presented a Webinar entitled “Understanding the Risks and Obliga-
tions Involved in the Preparation and Review of Shop Drawings.”
The Webinar was hosted by WPL Publishing Co., Inc. and had 140
companies on the line with an estimated 600 participants.
A leader in the defense of
consumer finance litiga-
tion both individually and
as class action cases.
John Ropiequet and Chris Naveja
publish article on lending litigation
Chicago Partners Chris Naveja and John Ropiequet have written
an article entitled “Fair Lending Litigation Following the Subprime
Meltdown” that will be published in the September issue of Bank-
ing & Financial Services Policy Report. The article traces the his-
tory of government enforcement actions and class action cases that
have alleged racial discrimination in mortgage lending and auto
finance and surveys recent actions against mortgage lenders.
Erik Kantz Jonathan Knisley

Assisting clients to deal with
their environmental concerns
in a cost-effective manner in
the litigation, administration,
and transactional contexts.
Samuel Levine, Bill Anaya
speak at ISBA CLE Fest 2009
On June 18 Partners Samuel Levine and William Anaya spoke at
the Illinois State Bar Association CLE Fest 2009. Levine and Anaya
presented a 2009 real estate update focusing on "Practical Envi-
ronmental Concerns for Illinois Lawyers." The seminar included
an analysis of the environmental risks associated with real estate
property and analyzed several of these risks, including the Real
Property Disclosure Form, mold, radon, and reading/interpreting an
environmental report.
Assisting clients in formulat-
ing and implementing com-
plex estate planning matters
in a tax-efficient manner.
Tarshis and Vitek write on the
responsibilities and obligations of trustees
Estate Planning Partners Jay P. Tarshis’ and Joseph Vitek’s article
“Current Trends in Fiduciary Litigation: The Evolving Responsibil-
ity of the Trustee to Diversify its Portfolio” recently appeared in
the summer issue of The Journal, a publication of Stout Risius Ross
(SRR), a financial advisory firm.
The article discusses the changing responsibilities of trustees and
their obligations for the assets they are entrusted to manage. It
specifically focuses on the trustee’s duty to diversity investments
and whether a “retention clause” in the trust instrument provides
the trustee with protection against claims by beneficiaries. SRR’s
clients include Fortune 50 corporations to closely-held private
companies in numerous industries around the globe. It specializes
in investment banking, valuation & financial opinions, and dispute
advisory & forensic services.
Alan Kipnis Kathleen Lach
7
Serving as attorneys for a
number of municipalities
and in the representation
of both public and private
clients in a multitude of
governmental matters.
Morris, Caracciolo and Logothetis
secure appellate victory for municipality
Partner Hal Morris, assisted by Associates Jenifer Caracciolo and
Georgia Logothetis secured a significant victory in the Illinois
Appellate Court, Second District, for one of the firm's municipal
clients. In that case, a resident of the municipality sought leave to
intervene in a concluded court proceeding where the court had
confirmed the public vote in favor of forming the municipality. The
reason for the request was to file a motion challenging the very exis-
tence of the municipality and to seek its complete dissolution.
The Arnstein & Lehr team argued that the trial court was correct to
deny the request for intervention. The Appellate Court agreed with
the position and reaffirmed the analysis that the trial court must
first determine if intervention is appropriate before it can assess the
merits of the motion which the intervening party wants to bring.
Here, the Appellate Court agreed that the intervention was untimely
as the intervenor waited months before bringing his request and in
the interim the municipality had undertaken many actions which
could not easily be undone. Thus, the Appellate Court ruled in Arn-
stein & Lehr's client's favor in all respects, including agreeing with
the position that the intervenor failed to meet all of the procedural
requirements in both the trial and appellate courts.
Municipal Law Group secures notable victory
Chicago Partner Hal Morris, Chicago Associate Jenifer Caracciolo,
and Hoffman Estates Partner Art Janura, received a significant suc-
cess for one of firm's municipal clients where the client had denied
Public Safety Employee Benefits to a firefighter. The firefighter had
claimed to be entitled to Public Safety Employee Benefits Act (PSE-
BA) benefits because he was injured on the job. Under PSEBA, a
public safety worker and his spouse are entitled to lifetime benefits
if catastrophically injured while responding to what is believed to be
an emergency. Although the firefighter was catastrophically injured,
Robert Lasky Laura Lau Marinelli Louis Lehr
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that injury occurred while reloading fresh hoses on a returning out
of service fire vehicle. The team successfully defended the Village's
denial of benefits on administrative review and also defeated the
request for attorney’s fees. This result is significant in terms of the
monetary savings to our client and the impact it has on Illinois state
wide requests for such benefits. The case extended existing case law
and made it clear that the injured worker's belief must be objectively
reasonable.
Art Janura speaks at bar association
Partner Art Janura spoke at the Northwest Suburban Bar Associa-
tion on May 21 in Arlington Heights. The seminar was entitled
“The Tag-Along Torts – Defamation, Intentional Infliction of Emo-
tional Distress, and Invasion of Privacy.” Janura spoke on the topics
of litigation strategies, counseling employers, proving damages and
preemption.
facturer of generic pharmaceuticals. Judge Frederick Kapala of the
Northern District of Illinois granted the manufacturer’s Motion for
Summary Judgment and dismissed plaintiff’s claims against it.
This result is one of the few recent victories for pharmaceutical
manufacturers across the country in the wake of the U.S. Supreme
Court’s decision in Wyeth v. Levine which significantly weakened the
defense of federal pre-emption of state law claims regarding pharma-
ceutical safety warnings, making it considerably more difficult for
manufacturers to prevail on such claims.
Here, the plaintiff alleged that the firm’s client failed to appropri-
ately warn of dangers associated with its product, a generic form
of the widely prescribed antibiotic, Bactrim. The plaintiff incurred
Stevens-Johnson syndrome, a serious disorder which attacks the skin
and mucus membranes and which resulted in permanent injuries.

Stevens-Johnson syndrome is included in the product warnings

Janura reappointed to chair
issued by the manufacturer and was known to the prescribing physi-
NWSBA's Local Government Committee cian. It is on this basis that the manufacturer sought dismissal of
Partner Art Janura was reappointed committee chair of the Local the claims, as the defense contended that the prescription for the
Government Committee of the Northwest Suburban Bar Associa- generic Bactrim had been issued by a learned intermediary who had
tion for the 2009-2010. all necessary information provided to her regarding the risks and
benefits of the medication.
Janura appears on
"I Didn't Know That" Legal Hour Judge Kapala agreed, and in his opinion he concluded that the
Partner Art Janura appeared on the September 13 broadcast of "I plaintiff’s claims failed to survive the learned intermediary doctrine
Didn't Know That" Legal Hour on Chicago’s WIND AM 560. and he entered judgment on behalf of the firm’s client.
Janura was interviewed by radio personality Dave Schlueter. The one
hour program reviews topics of note concerning the legal system. Marty Kalish, Tracey Salinski speak at AHIMA
Legal Forum on electronic health records
Representing hospitals, Miami Partner Marty Kalish and Chicago Associate Tracey Salins-
managed care entities, multi- ki recently spoke at the American Health Information Management
specialty provider groups, Association (AHIMA) conference held at the Chicago Marriott
single specialty groups and Downtown on August 17-18.
individual physicians, as well
as clinical laboratories and
Their presentation was titled “The EHR Exception – Practical
physical therapy providers.
Approaches to Gain Acceptance and Deflect Inertia.” Their Power
Point presentation is available for those interested. AHIMA is the
David Waxman and Sharilee Smentek premier association of health information management professionals
obtain important pharmaceutical victory with more than 53,000 members dedicated to the effective man-
Healthcare Partners David Waxman and Sharilee Smentek agement of personal health information required to deliver quality
obtained an important victory for a nationally prominent manu- healthcare to the public.

Attorneys featured in this issue

Neville Leslie Katelyn Letizia Samuel Levine Steven Malitz Robert A. McKenzie

www . a r n s t e i n . c o m

Representing insureds, risk
pools, insurance and reinsur-
ance companies, exquidaters,
insurance agencies and brokers,
third-party administrators, and
other insurance-related entities.
Mary Cannon-Veed wins case
against insolvent insurance company
In 1998 a clothing store in Florida sued one of its competitors,
claiming that the a rogue employee of the competitor had orches-
trated a scheme involving fraudulent which misled the public into
confusing the two stores; the net effect was that the first store went
out of business. The competitor had insurance for that suit, but the
insurance company refused to defend it and left its insured high and
dry. The policyholder had to hire its own lawyers and attempt to
defend the case. Eventually, the two clothing stores settled the law-
suit with an agreed judgment for $1.5 million, which could only be
collected from the insurance policy. In the meantime, the insurance
company, based in Illinois, went broke.
Arnstein & Lehr’s client specializes in buying and prosecuting claims
against insolvent and otherwise deadbeat insurance companies.
They went into a partnership with the plaintiff in the Florida law-
suit, and on their joint behalf the firm prosecuted the claim against
the insurer. The liquidator tried to argue that the policy (which had
limits of $1 million) didn’t cover the claim. They also tried to argue
that the settlement didn’t bind the insurance company and was
unreasonable and unfair. Insurance Partner Mary Cannon-Veed
obtained a judgment against the insolvent insurance company for
more than $1.5 million for the client. Eleven years later the judge
ruled in the firm’s favor on both counts and approved our clients’
claim in its entirety.
Cannon-Veed appointed executive
editor of ABA TIPS standing committee
Insurance Partner Mary Cannon-Veed was recently appointed
executive editor of the American Bar Association’s Brief Editorial
Board Special Standing Committee within the Tort Trial & Insur-
ance Practice Section (TIPS) for the 2009-2010 fiscal year. Cannon-
Veed is both an ABA and TIPS practice section member.
Robert E. McKenzie Ronald Menaker
9
Counseling clients on matters
related to the protection of
copyrights, trademarks, and
trade secrets.
Joel Rothman joins West Palm Beach office
Joel Rothman recently joined the West Palm Beach office as a
partner in the intellectual Property and Commercial Litigation and
Transactions practice groups. Rothman’s litigation practice includes
a significant focus on electronic discovery issues, such as e-discovery
management and motion practice relating to e-discovery.
Rothman earns Florida Bar Board
certification in Intellectual Property
West Palm Beach Partner Joel Rothman was recently certified by
The Florida Bar as a legal specialist in Intellectual Property. Board
Certified attorneys are the only Florida lawyers allowed to identify
or advertise themselves as specialists or experts.
Florida’s board certification program is one of the leaders in the na-
tion in maintaining the highest standards for excellence and profes-
sionalism while adding practice areas.
Rothman launches blog
focused on iPhone applications law
Partner Joel Rothman recently launched Appslawblog.com which
focuses on iPhone applications and the law. Rothman launched the
blog with attorney Kevin Houchin. They gained notoriety by filing
the now infamous iFart v. Pull My Finger trademark infringement
lawsuit in early 2009 in the District of Colorado.
Judy Grubner published in IP Strategist
The May issue of Law Journal Newsletters The Intellectual Property
Strategist, featured an article written by Partner Judy Grubner. The
article, entitled “Lanham Act addresses a corporation's claim that a
product infringing patent is 'innovative' is not a false designation of
origin.”
Grubner's article reviews the overlap of copyright and trademark/
Mark Miller Hal Morris Christopher Naveja
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10
unfair competition laws addressed in Dastar Corp. v. Twentieth Cen-
tury Fox Film Corp., as being similarly applicable to Baden Sports,
Inc. v. Molten USA, Inc. where an accused patent infringer makes
false claims that it originated a third party's patented technology in
the promotion of its manufactured basketballs.
Rothman published in Nutritional
Outlook magazine on recall protection
West Palm Beach Partner Joel Rothman wrote an article for Nu-
tritional Outlook magazine entitled “Playing It Safe: Marketers can
protect themselves against product adulteration and recalls.” The
article examines what a company can do to protect themselves from
adulterated ingredients and what role the FDA plays.
Rothman appointed to Florida Bar IP Committee
West Palm Beach Partner Joel Rothman was recently appointed
chair of the Intellectual Property Committee of the Business Law
Section of The Florida Bar. The position is for a two-year term.
Rothman discusses buying
patents with online publications
On September 9 Partner Joel Rothman discussed the purchase
of Linux patents by Operation Invention Network (OIN), which
consists of a group of companies including IBM, Sony, Red Hat and
Google. The companies are currently getting ready for a legal fight
over Linux. Rothman discussed the advantages of purchasing the
patents and open source technology with LinuxInsider and E Com-
merce Times.
Rothman publishes article in IP Strategist
West Palm Beach Partner Joel Rothman has an article appearing
in the October issue of IP Strategist “Negative Light, False Light
Invasion of Privacy Falls out of Favor.” Rothman reviews cases that
have moved away from invasion of privacy tort, a growing trend
in Florida. In particular he reviews the case, Rapp v. Jews for Jesus,
which arose when Jews for Jesus published a newsletter account by a
man who had visited his ailing father and stepmother.
Attorneys featured in this issue
John Ropiequet Joel Rothman Tracey Salinski
www . a r n s t e i n . c o m
Representing both private
and public sector employers
including union and non-
union companies - from large,
publicly held corporations to
small, closely held and not-
for-profit businesses.
Employment Law Group hosts
Executive Terminations seminar
On September 30 the firm hosted “Terminating High-Level Execu-
tives in Tough Economic Times.” Chicago Partner Paul Starkman,
along with Bob Wilson of High Potential, Inc., Tom Carroll of RR
Donnelley and Laurel Bellows of The Bellows Law Group, P.C. ad-
dressed issues resulting from terminating senior executives, includ-
ing litigation, bad publicity, business disruptions and poor morale
among remaining managers. The seminar also offered real-world
solutions to solve the problems associated with these terminations.
Paul Starkman interviewed
on legal issues of furloughs
Partner Paul Starkman was interviewed by Mary Swanton, Senior
Editor for Inside Counsel about the legal issues and business benefits
involved in companies using furloughs instead of layoffs in tough
economic times. The article appeared in the August issue of Inside
Counsel.
Jason Tremblay authors article on
avoiding employment litigation for HR Advisor
Chicago Partner Jason Tremblay wrote an article for the May-June
issue of HR Advisor entitled “Avoiding Employment-Related Litiga-
tion in 2009 and Beyond: 14 Preventative Measures Every Employer
Should Complete.”
Mark Spognardi interviewed on the
use of social media for recruiting
Chicago Partner Mark Spognardi was recently interviewed by
HR Wire for a September 2 article entitled, "The Pros and Cons
of Recruiting Via Social Media." In the article Spognardi warned
readers not to replace face-to-face interviews with social media
and to beware of the possible legal pitfalls presented by such a new
phenomenon.
Jeffrey Shapiro Sharilee Smentek

Paul Starkman interviewed on liability
problems of ex-convicts in the workplace
Chicago Partner Paul Starkman discussed EEOC and liability
issues that may arise when companies hire ex-convicts with Busi-
ness Insurance for their September 14 issue. California is currently
releasing more than 40,000 inmates from prisons, prompting many
companies to review their policies on criminal background checks.
Handling all types of
commercial and tort litigation
in federal and state courts at
the trial and appellate levels
with expertise in arbitration,
mediation, and other forms of
ADR and administrative law
proceedings.
Arnstein & Lehr lawyers are golden
for their currency exchange clients
Chicago Partners Bruce Balonick and Steven Malitz, together with
Associate Laura Lau Marinelli, achieved a significant victory in
the first of a number of such actions against rogue businesses acting
as currency exchanges without licensure by the Illinois Depart-
ment of Financial Institutions. Arnstein & Lehr represents many
Illinois-licensed community currency exchanges. On behalf of one
such community currency exchange, the attorneys sought to bar a
competitor from operating as a currency exchange because it was
doing so without a license. They also sought damages for unfair
competition. 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
"merchant’s exemption."
Notwithstanding the claimed exemption, Arnstein & Lehr attorneys
argued that the business had admitted under oath that it was princi-
pally engaged in the business of wiring funds for a fee and, there-
fore, could not meet the statutory definition of a merchant. The
judge agreed and, restrained the business from cashing checks for a
fee or otherwise rendering any services requiring licensure under the
Currency Exchange Act.
Edward Snyder Mark Spognardi
11
During the discovery phase of the damages aspect of the case,
Messrs. Balonick and Malitz, along with Associate Jason Hirsh,
learned that the defendant business and its principal had profited
considerably from their illicit practice of cashing checks for a fee
without a license. Taking the extra step of reviewing often-over-
looked "metadata" (electronically stored information underlying
all computer-generated documents), the attorneys learned that
the defendants had intentionally attempted to delete computer-
ized information which would prove even larger ill-gotten gains.
Confronting defendants with this damning evidence in conjunction
with disclosing an expert who could link defendants' illegal profits
to our currency exchange client's decreasing revenues, Malitz and
Hirsh were able to extract a very large monetary settlement and a
permanent injunction as trial neared.
Attorneys obtain unique
victory for entrepreneurial client
Partners Steven Malitz, Richard Hellerman and Ronald Me-
naker obtained a unique and valuable victory for one of the firm's
entrepreneurial clients. Our client is in the business of purchasing
excess inventory from various businesses at large discounts, usually
for cash.
In order to raise the capital for these transactions, the client solicits
investors who receive interest and a reasonable return on the
invested sums. Although the client may have substantial funds on
deposit with one or more banks, banks are slow or otherwise unable
to immediately convert such deposits to cash. Such cash is neces-
sary to expeditiously close on these purchases before the opportunity
vanishes.
Our client engaged the services of a licensed private security firm
and attorney who represented that they had strong relationships
with various banks which would allow the speedy conversion of
bank funds to cash to facilitate the inventory purchases the client
planned to make, that their bank accounts were “escrow” accounts
such that our client's funds would be protected, that as owner of a
private security firm, one of the defendants had the ability to safely
and quickly transport the cash to closing and, that after they com-
pleted the cash conversion, the attorney defendant could handle the
purchase transaction.
After wiring substantial funds into defendants' escrow account, the
Paul Starkman Howard Swibel Jay Tarshis
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12
defendants contended that a large portion of our client's funds had
been seized by the government and that the remaining funds had
been frozen by the bank. The defendants failed to furnish any docu-
mentation supporting these claims. Having no luck recovering the
funds through negotiation, the client turned to Malitz and Heller-
man who instantly obtained a temporary restraining order freezing
the bank accounts.
What was extraordinary about this result was that in order to freeze
assets of a defendant at the beginning of litigation and before entry
of judgment, the plaintiff generally must seek a "pre-judgment at-
tachment." Such an attachment requires sworn, detailed proof of
fraud and a bond in twice the amount of the assets to be attached.
Therefore, in order to attach assets before judgment, the claimant
would be required to post cash in twice the amount to be seized.
In order to avoid the inflexible bond requirement which, given the
sums at issue, could prevent the client from obtaining effective and
fast legal relief, Malitz and Hellerman instead sought a temporary
restraining order. In the context of a temporary restraining order,
the judge has discretion on whether or not to require a bond. In
presenting the motion for a temporary restraining order (TRO), the
judge agreed that no bond was required and entered the TRO freez-
ing the accounts.
Yet another unique aspect of the case was that the attorneys ob-
tained the injunction without first notifying the defendants, for
fear that they would deplete the accounts if notified of the motion
for injunction. The experienced chancellor presiding over the case
entered the TRO without notice despite having only entered such
an ex parte TRO once before in his long legal career. After Mal-
itz and Hellerman obtained the ex parte TRO, they expeditiously
notified all defendants at which time the defendants engaged an
attorney who appeared in court for the second hearing on entry
of the temporary injunction. At the second hearing, Malitz and
Hellerman persuaded the judge to preserve the injunction freezing
the accounts and also convinced the judge to allow them to take
expedited discovery on the bank to determine if the funds were still
on deposit. The case is currently pending as Malitz and Hellerman
attempt to trace the assets.
Arnstein & Lehr secures victory
in product liability suit
In the first decision to arise out of dozens of similar lawsuits nation-
Attorneys featured in this issue
Jason Tremblay Robin Trupp John Turner
www . a r n s t e i n . c o m
wide, Arnstein & Lehr LLP helped secure a victory in favor of a
medical device manufacturer. This product liability suit involved a
continuous infusion pain pump, a device employed for the post op-
erative management of pain following surgery. The federal district
court in Key West, Florida entered summary judgment in favor of
the device maker, finding that the Plaintiff could not present suf-
ficient evidence to prove that the use of the infusion pump was the
general or specific cause of his injury. Attorneys Jeffrey Shapiro,
Neville M. Leslie, and Andrea Cox from our Miami office acted
as co-counsel to secure this important win on behalf of the medical
device manufacturer.
Lou Lehr authors supplement to
three volume work on premises liability
Chicago Partner Emeritus Lou Lehr authored a new chapter,
Injuries at Amusement Parks, as a part of the 2009 Supplement to
his three volume work, Premises Liability Third, published by West.
Chicago Associate Jonathan Knisley contributed to the preparation
of the chapter. The book takes the practitioner step by step through
the preparation and trial of a premises liability case and includes a
disc of all of the forms found in the book.
Robin Trupp serves as panelist at
Legal Marketing Association conference
Robin Trupp, a partner in the firm’s Tampa office, served as a
panelist for the 2009 Southeast Legal Marketing Association's Mini
Conference. The one day event, held in Orlando at the Orange
County Bar Association, brought together dozens of legal marketers
from Florida, Georgia, Alabama, and South Carolina. His panel ad-
dressed the topic Taking the Association for Corporation Counsel Value
Challenge A Step Further: Creating the Ultimate Client Experience.
As a panelist, Trupp was asked to take part in discussing what client
value means to both him as an attorney and Arnstein & Lehr, what
the firm does to gather client feedback, what the firm’s client intake
process is, how the firm shows its appreciation to clients, how we
communicate with clients, and what types of alternative fee arrange-
ments the firm provides clients.
Steven Malitz publishes article
on documenting statements
Partner Steven Malitz recently published an article entitled, "Best
Practices for Taking and Documenting a Statement." The article
Joseph Vitek David Waxman

covers how to document a statement or admission by a suspect, the
various types of statements, how to maintain control of the inter-
rogation and suspect and how to protect the statement. The article
appears in CFInsider, (2009, Issue 2), The Journal for the Certified
Forensic Interviewer. For the journal, Malitz authors the standing
article, "Ask the CFI Attorney," in which he tackles questions posed
by investigative and loss prevention professionals for major retail-
ers and local, state and federal governments. Malitz's article also
appears on Arnstein & Lehr’s Labor and Employment Group blog,
General-Counselor.com.
Malitz published in CRM Magazine
Partner Steven Malitz published an article entitled, "Crafting a
Strong Sales Contract." The article discusses the importance of sell-
ers protecting themselves with a strong, well-written sales contract.
The article focuses on four key provisions which should be included
in all sales contracts. The article appears in the May issue of CRM
Magazine, the trade publication for customer relationship manage-
ment, a company-wide business strategy designed to reduce costs
and increase profitability by solidifying customer loyalty.
Toby Eveland appointed to
ISBA committees and leadership council
On June 27 Chicago Associate Toby Eveland was appointed to
serve as vice chair of the Illinois State Bar Association's (ISBA)
Committee on Sexual Orientation and Gender Identity. He was
also appointed by ISBA President John O'Brien to serve on the Il-
linois State Bar Association's Diversity Leadership Council.
Franklin Zemel re-appointed to
term on Florida Bar ethics committee
Partner Franklin Zemel was recently reappointed to another two-
year term on The Florida Bar Professional Ethics Committee. The
Professional Ethics Committee is charged with the duty of answer-
ing ethics inquiries from members of The Florida Bar concern-
ing the inquirer’s own proposed conduct. The committee reviews
informal advisory opinions issues by Florida Bar ethics department
attorneys. Additionally, the committee publishes formal advisory
opinions to guide bar members in interpreting and applying the
ethics rules.
Justin Weisberg Jason Weiss Raymond Werner
13
Jason Weiss elected to a second
term of Florida Bar section
Fort Lauderdale Associate Jason Weiss was recently elected to a
second term as the treasurer for the Entertainment, Arts & Sports
Law Section of The Florida Bar.
Chicago associate publishes
article on red light camera laws
Chicago Associate Katelyn Letizia recently published an article
in Chicago-Kent College of Law's Seventh Circuit Review entitled
“The Seventh Circuit Gives the Green Light to Red Light Cameras:
An Analysis of the Court's Application of the Rational-Basis Test
to Red Light Camera Laws.” The article is a scholarly review and
analysis of the Seventh Circuit Court of Appeals decision regarding
the constitutionality of red light cameras as a traffic enforcement
and revenue generating mechanism. The article is one of the first to
closely examine this burgeoning technology and the constitutional
implications arising out of its use. It can be found at 4 Seventh Cir-
cuit Review 338 (2009) and at www.kentlaw.edu/7cr. The Seventh
Circuit Review is a law review published by Chicago-Kent College
of Law under the direction of Chicago Partner Hal Morris who is
also a professor at the school.
Assisting corporations,
partnerships, municipalities,
developers, lenders, borrowers,
condo and common interest
communities, landlords, tenants,
and those involved in all aspects
of real estate development,
ownership, and management.
Ray Werner serves as ABA meeting panelist
Managing Partner Ray Werner spoke at the American Bar Asso-
ciation meeting in Chicago on August 1 as a panelist in a session
entitled “Bucking the Trend: Tales of Successful Law Firms in Tur-
bulent Times.” Werner discussed how the firm has continued to be
successful during the current economic downturn. The session was
moderated by law firm consultant John Remsen.
Scott Frank authors article
on condo construction rights
West Palm Beach Partner Scott Frank recently authored an article
Theresia Wolf-McKenzie Franklin Zemel
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14
for Affluent Magazine entitled “Know Your Rights When Your
Dream Condo Doesn't Get Built." The article examines what own-
ers can do when condo construction is delayed and a down payment
on the property is tied up in an escrow account.
Vanessa Cohn appointed to
assisted living facility board
Tampa Partner Vanessa Negron Cohn was recently appointed to
the board of managers for Weinberg Village, a senior living commu-
nity and 501(c)(3) organization that is part of the Tampa Bay Jewish
Federation. The board of managers is responsible for the day-to-day
operations and fundraising efforts to maintain the quality of living
of Weinberg Village’s residents.
Assisting businesses in
minimizing their tax risk and
maximizing their business and
financial goals.
Adam Fayne and Bob McKenzie secure
$6 million victory for client against IRS
Chicago Partners Adam Fayne and Robert E. McKenzie success-
fully litigated this multi-million dollar proposed tax deficiency
in the case Beard v. Commissioner, T.C. Memo 2009-184 (2009).
The IRS asserted that the six year extended statute of limitations
period applied to the taxpayer's alleged overstatement of basis in
his partnership interest. The liability at issue was in excess of $6
Million. Fayne filed a Motion for Summary Judgment arguing
that the extended statute of limitations period did not apply based
on an earlier Supreme Court case. The IRS alleged that an inflated
basis of stock was the same as an omission of gross income. The Tax
Court agreed with Fayne that an overstatement of basis in partner-
ship stock is not the same as an omission of gross income and issued
summary judgment in favor of his client and against the IRS.
Lach and Fayne secure win for client in Tax Court
Chicago Partners Kathleen Lach and Adam Fayne won a vic-
tory for their client before the US Tax Court. The client brought
a discrimination suit against her former employer, and hired a
contingent fee attorney to represent her. She was offered a settle-
ment, which she declined. Her contingent fee lawyer then sued
www . a r n s t e i n . c o m
her for recovery of 1/3 of the proposed settlement for his fee, and
won. The client deducted the payment she made to this lawyer as a
business expense. The IRS denied her deduction, taking the position
that her payment to the contingent fee lawyer was the result of her
breach of contract with the lawyer, and not in connection with the
discrimination suit. Lach and Fayne took the case to Tax Court,
and IRS counsel conceded the client's position, agreeing to allow
the deduction as shown on our client's tax return.
McKenzie and Lach secure
win for client against IRS
Partners Kathleen Lach and Robert E. McKenzie recently won
a Summary Judgment motion in Federal District Court for their
client. The IRS brought a suit against the firm’s client to reduce his
federal tax liabilities to judgment. The firm’s motion argued that
the statute of limitations to collect the liability had expired due to a
technicality contained within the code section on extension of the
statute while settlement offers (Offers in Compromise) are pending.
Arnstein & Lehr’s position was that for offers filed during a specific
period of time, the statute could not be extended beyond 2002
under this section of the code. The IRS, in order to avoid a written
opinion on this issue, did not respond to the motion, and agreed to
dismiss the case with prejudice and abate the assessments against the
firm’s client.
Edward Snyder hosts CBA TV program
Chicago Partner Edward Snyder recently hosted You and The Law,
a program on "Starting a Business.” The program covered business
and tax laws relevant to the formation of a new small business. The
show appeared on Comcast channel 19 in the western suburbs.
Bob McKenzie recognized by CPA Magazine
Partner Robert E. McKenzie was recognized in an article in the
April/May edition of CPA Magazine entitled the "Top 40 Tax
Advisors to Know During a Recession." State society and national
association of CPAs and accountants nominated the candidates.
Each candidate was then asked to submit words of advice about tax
planning during a recession.
Bob McKenzie continues to serve as media
source on IRS efforts to track account holders
Chicago Partner Robert E. McKenzie's IRS expertise continues to
 15

be source for media outlets around the country seeking comment

on its efforts to track offshore bank account holders who have not
disclosed their assets. On August 23, The Baltimore Sun published
an article quoting Bob entitled, "Pay back taxes before the IRS finds
you." In the article, McKenzie discusses the importance of those Say goodbye to paper and
who have unpaid taxes to come forward before they are discovered receive Update electronically!
by the IRS. The article was subsequently published in the Omaha Why? conservation. By choosing
World-Herald, Boston Globe, Pittsburgh Tribune Review, Dal- You will get it faster. Opt for the electronic over the paper
las Morning News and Seattle Times. He was also a source for the Arnstein & Lehr’s Update news- version, you will be helping the
September 7 issue of Tax Notes and a September 22 article in the letter in the electronic version environment.
Chicago Tribune’s Chicago Law column “IRS targets taxpayers with and bypass the post office. We
secret Swiss bank accounts.” will send you an e-mail message How?
with a link to the latest issue as Email us at:
Attorneys complete jet aircraft transactions soon as it is posted to our Web marketing@arnstein.com.
Partners Edward Snyder, Theresia Wolf-McKenzie, Robert Lasky site, which also means you will We will add you to our elec-
and Associate Robert A. McKenzie, all with the Chicago office, receive it days sooner. tronic mailing list and send you
recently represented clients in a series of tax free, like kind exchanges
a link to receive our newsletters
of jet aircraft. The aggregate sale price for the three aircraft involved It is better for the environ- electronically.
in the transactions exceeded $11 million. Use of the like kind ment. Contribute to paper
exchange structure allowed the clients to avoid current taxation on
substantial profits and accelerated depreciation recapture that they
would otherwise have to recognize on the aircraft sales.

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This newsletter provides information on current legal issues. The information should not
be construed as legal advice or opinion in particular situations or applications. © 2009

A r n s t e i n & L e h r U p d at e | F all 2 0 0 9
 120 South Riverside Plaza • Suite 1200
Chicago, Illinois 60606-3910
www.arnstein.com
In this issue
Firm hosts third annual
Woman of Vision Luncheon
Arnstein & Lehr presented Anne R. Pramaggiore, the newly
named president and chief operating officer of ComEd, with
its 2009 Woman of Vision Award at a luncheon for women
business leaders on July 23. (Cover Story)
Florida Supreme Court throws out ‘false
light’ invasion of privacy cause of action
West Palm Beach Partner Joel Rothman provides his insight
into a recent ruling by the Florida Supreme Court in Rapp v.
Jews for Jesus in which the Court rules that the cause of action
for false light invasion of privacy is not a valid cause of action
in Florida. (Cover Story)
Firm co-sponsors event
on water technology in Israel
On July 22 Arnstein & Lehr co-sponsored Water, the
Israeli Experience in the Chicago office. The speaker for the
event was Assaf Barnea, CEO of Kinrot Ventures, a water
technology incubator. Mr. Barnea discussed the development
of new water technology and the role of Israeli water
innovation and overcoming challenges. (Page 3)
www . a r n s t e i n . c o m
Arnstein & Lehr co-hosts
Corporate Leadership dinner
Arnstein & Lehr recently served as co-host for the 2009
Corporate Leadership dinner along with the International
Lawyers Network (ILN) as part of the 2009 POWER: Open-
ing Doors for Women event in Chicago. (Page 4)
Other top news
• In the News: A continuing legal education seminar on
domestic violence issues facing the lesbian, gay, bisexual and
transgender community was hosted by Arnstein & Lehr’s
Chicago office. (Page 3)
• Notable Cases & Victories: Arnstein & Lehr’s Municipal
Law Group secures two significant victories for our municipal
clients. (Page 7)
• New Additions: Chicago Partner Howard M. Berrington,
Fort Lauderdale Partner Dale S. Bergman, and West Palm
Beach Partner Joel B. Rothman, join the firm along with As-
sociates Julie Meyer and Katelyn Rose Letizia in our Chicago
office and Steven Appelbaum in our Miami office (Page 4)
• Books, Journals & Articles: Partner Emeritus Lou Lehr au-
thors supplement to three volume work on premises liability.
(Page 12)