By: Robin A. Wofford, Board Chair, NAMWOLF

Being Different Is What Makes Us the Best

I was asked to write a column for the NAMWOLF newsletter and began to think in earnest, "What should I say?  What message do I want to share? "   The answer was simple; I wanted to explain why our uniqueness as individuals and business owners makes us such a powerful force in the legal profession. I wanted people to realize that our success as an organization and as individual firms is built on three very significant truths:

1.       In order for this organization to succeed we must trust each other as if we were family, partners or co-workers.

2.       We must respect each other's differences and the struggles that got us here.

3.       We must think of others before we think of ourselves.  ( Click here to keep reading )

By: Joshua Brown, Lee & Kinder LLC, Denver, Colorado

We are all very excited for the up-and-coming Business Meeting taking place in New Orleans on February 21st-23 rd.  The Business Meeting is attended by Law Firm Members, in addition to a fast growing number of In-House Counsel, who are dedicated to the mission and vision of NAMWOLF and work with us to help us in identifying and achieving our goals. As a first time attendee last year, I can confirm that it served as a great opportunity to increase my firm's participation and relationships with NAMWOLF Law Firms, attend CLE and network with in-house lawyers. Here are some of the highlights from this year's Business Meeting.  ( Click here to keep reading )

By: Susan Koval -- Nemeth Law, P.C., Detroit, Michigan

Courington, Kiefer & Sommers, L.L.C. is a Gulf-South NAMWOLF firm of defense litigators with offices in New Orleans, Louisiana and Ocean Springs, Mississippi.  The firm offers services in litigation, mediation, national and regional coordination, and defense of all types of personal injury cases including Workers' Compensation cases, Jones Act suits, Longshore cases and Mass and Toxic Torts in Louisiana, Mississippi, and Texas as well as property damage cases. 

  1.      When was the firm founded and who are the firm's founders?

Courington, Kiefer & Sommers, L.L.C. was founded in 2011 by Kaye N. Courington. Kaye has been a lawyer for 27 years. Her impressive experience includes trying hundreds of claims in seven trials in Louisiana and Mississippi. Six of the trials involved mass litigation of 10 to 129 plaintiffs (the longest jury trial in Jefferson Parish, Louisiana history). In her capacity as National Coordinating Counsel for a major client of the firm, she helps oversee litigation across the country.  (Click here to keep reading)

Spotlight Member Firm:  Younossi Law (San Francisco, CA) 

Getting More Out of NAMWOLF:  GET ENGAGED

By: Sandy Sakamoto; Lim, Ruger & Kim, LLP; Los Angeles, California

By: John Murdock; Benton Potter & Murdock; Washington, D.C.

Happy New Year from the National Development Committee!  The 2015 sponsorship campaign was phenomenally successful in dollars raised, number of corporate, vendor, and law firm sponsors, and the feedback that we received from vendor sponsors about their NAMWOLF experience and return on investment.  Credit goes to so many people, including the NAMWOLF staff team, members of the Development Committee, NAMWOLF in-house counsel members who encouraged their companies to sponsor, NAMWOLF law firm member attorneys who encouraged their firms to sponsor, and each of you who encouraged vendors to sponsor.  Also, kudos to our Vendor Ambassadors who established a one-on-one relationship with vendors and made sure that vendors had every opportunity to connect with NAMWOLF members to show their services and other offerings.  

( Click here to keep reading )

2016 Brings New ERISA Risks in M & A Transactions: Steps to Take Before your Next Deal

By: Sherrie Boutwell; Boutwell Fay LLP; Irvine, California

Submitted by the Transactional PAC

Mergers and acquisitions activity continued to flourish in 2015 - as did the legal developments affecting employee benefit plans in the M&A context.   This article provides a brief summary of some of these new developments, as well as some practical steps that can be taken in order to mitigate the M&A risks for both buyers and sellers.

1.       ERISA Successor Liability Imposed in 2 Recent Circuits Involving Asset Sales.  Two recent cases in the 7th and the 9th Circuits have held that successors in an asset sale transaction can be held liable under ERISA's withdrawal liability provisions (which apply to employers that contribute to multi-employer pension plans).   Successor liability for asset buyers in the labor and employment context is not unheard of - prior cases have held that asset purchasers can be liable under ERISA if there is both a continuation of the business and the purchaser was on notice about the liability.   However, these two cases take this a bit further.  First, in Tsareff v. ManWeb Services, Inc., 794 F. 3 rd 841 (7 th Cir. 7/27/2015), the 7 th Circuit held that a purchaser could be on "notice" of the liability even if the liability was only contingent.  Then, the 9 th circuit followed suit by imposing liability in a situation where the buyer retained seller's customers, even though no customer lists were sold.  Resilient Floor Covering Pension Trust Fund v Michael's Floor Covering, Inc., 801 F. 3 rd 1079 (9 th Cir. 9/11/2015).  ( Click here to keep reading ) 

Immigration Basics

By:  James Stillwaggon and Aida Diaz-Silveira, Alvarez Arrieta & Diaz-Silveira LLP, Miami, Florida

The primary objectives of US immigration law have long been to foster family unity and to ameliorate shortages of skilled workers in the US.  As a result, two predominant categories of immigration to the US have emerged:

·         Family-sponsored immigration; and

·         Employment-based immigration.

The first step for an intending immigrant is to find an immigration category for which he or she qualifies.  Except for immediate family members of US citizens and the most exceptional employees, the immigration process often takes many months and sometimes years to complete.

This note will briefly describe the most commonly used Employment-based immigrant visa categories and usual qualifying procedures.  ( Click here to keep reading)  

                  

A Letter From the Editors....