Tuesday, January 13, 2015

Jennings, Strouss & Salmon’s Timothy W. Barton Appointed to John C. Lincoln Health Foundation’s Board of Directors


http://www.jsslaw.com/professional_bios/Timothy_W_Barton
PHOENIX, Ariz. (January 13, 2015) – Jennings, Strouss & Salmon, PLC, a leading Phoenix-based law firm, is pleased to announce that Timothy W. Barton has been appointed to the John C. Lincoln Health Foundation’s Board of Directors.

The John C. Lincoln Health Network is a not-for-profit health and human service organization that provides care to more than 100,000 patients each year. Members of the John C. Lincoln Health Foundation are a diverse group of individuals who come together to provide philanthropic support to the Network’s health care and community service program through fundraising and donations. 

Barton recently finished serving six years on the board of Desert Mission. “I am looking forward to participating on the board of directors of the John C. Lincoln Health Foundation, where I will be able to continue serving the community,” stated Barton. 

Barton regularly advises and represents title insurance companies and their insureds, escrow companies and escrow agents, real estate developers, real estate brokers, general and specialty contractors and similar clients. He has represented title insurance companies and their insureds since 1963, and has taught seminars on title insurance, Arizona escrow law, real estate litigation, adverse possession, and boundary law. In addition, Barton has authored numerous articles on those subjects.

About Jennings, Strouss & Salmon, PLC 
Jennings, Strouss & Salmon, PLC, has been providing legal counsel for over 70 years through its offices in Phoenix, Peoria, and Yuma, Arizona; and Washington, D.C. The firm's primary areas of practice include agribusiness; bankruptcy, reorganization and creditors’ rights; construction; corporate and securities; employee benefits and pensions; energy; family law and domestic relations; health care; intellectual property; labor and employment; legal ethics; litigation; professional liability defense; real estate; surety and fidelity; tax; and trust and estates. For additional information please visit www.jsslaw.com and follow us on LinkedIn, Facebook and Twitter. 

The firm’s affiliate, B3 Strategies, assists clients with lobbying and public policy strategy at the local, state, and federal levels. For more information please visit www.b3strategies.com.

~JSS~

Tuesday, January 6, 2015

Jennings, Strouss & Salmon Expands Commercial Litigation Department with the Addition of Julie E. Maurer

http://www.jsslaw.com/professional_bios/Julie_E_Maurer

PHOENIX, Ariz. (January 6, 2015) – Jennings, Strouss & Salmon, a leading Phoenix-based law firm, is pleased to announce that Julie E. Maurer has joined the firm as a Member in the Commercial Litigation department.
“We are very excited about the addition of Julie,” stated Eric Gere, Chair of the firm’s Commercial Litigation department. “Her extensive experience in bench and jury trials, and public and private arbitrations, as well as her expertise in toxic tort, and transportation and carriage litigation, makes her a great addition to our firm.” 

Maurer’s commercial litigation practice includes a variety of business disputes, including breach of contract as well as insurance bad faith and coverage matters.  She also defends all areas of tort liability claims, including toxic tort and wrongful death matters. Maurer was a trial attorney for a multi-million dollar toxic tort case, which was named as one of 2007’s most significant defense verdicts in Arizona. Maurer also has extensive experience in the transportation sector, which extends to all areas of carriage, including representing carriers, brokers and intermediaries, handling freight loss and damage claims, and litigating issues related to tariff and transportation charges.
“I was drawn to the commitment to excellence and client service, as well as to the value placed on collaboration and teamwork,” stated Maurer. “I am extremely excited to be a part of such a distinguished and deep rooted law firm, and I’m looking forward to being surrounded by excellent people, both personally and professionally.”
Maurer earned a J.D. from University of Notre Dame, a Masters of Public Administration from Arizona State University, and a B.A. from the University of Missouri-Rolla.
About Jennings, Strouss & Salmon, PLC
Jennings, Strouss & Salmon, PLC, has been providing legal counsel for over 70 years through its offices in Phoenix, Peoria, and Yuma, Arizona; and Washington, D.C. The firm's primary areas of practice include agribusiness; bankruptcy, reorganization and creditors’ rights; construction; corporate and securities; employee benefits and pensions; energy; family law and domestic relations; health care; intellectual property; labor and employment; legal ethics; litigation; professional liability defense; real estate; surety and fidelity; tax; and trust and estates. For additional information please visit www.jsslaw.com and follow us on LinkedIn, Facebook, and Twitter
The firm’s affiliate, B3 Strategies, assists clients with lobbying and public policy strategy at the local, state, and federal levels. For more information please visit www.b3strategies.com.
~JSS~

Monday, January 5, 2015

Jennings, Strouss & Salmon Expands Intellectual Property Department with the Addition of Michael K. Kelly


http://www.jsslaw.com/professional_bios/Michael_K_Kelly
PHOENIX, Ariz. (January 5, 2015) – Jennings, Strouss & Salmon, a leading Phoenix-based law firm, is pleased to announce that Michael K. Kelly has joined the firm as Chair of the Intellectual Property department.

“Michael’s experience makes him the ideal person to lead our intellectual property practice,” stated Scott Rhodes, Managing Attorney at Jennings, Strouss & Salmon. “We are excited to have Michael on the Jennings Strouss team to expand and enhance the intellectual property services we offer our clients.”


Mr. Kelly has extensive experience in all areas of intellectual property, including the procurement, enforcement, and defense of patents, trademarks, copyrights, and all aspects of trade secrets and unfair competition, international dispute resolution, Internet and new media, and related mergers, acquisitions, joint ventures, strategic alliances, and IP asset acquisitions.  He is intimately familiar with the rules and procedures of United States patent and trademark prosecution, as well as the evolving protocols in Europe and Asia.

Mr. Kelly assists clients in transactional and litigation related matters, including encryption, cyber security, medical imaging, software architecture, data cache and database systems, microprocessors, optics, semiconductor processing and wafer fabrication technologies, cloud computing, advanced weapons systems, medical devices, supersonic aircraft design, automotive systems, business methods, avionics, credit and financial services, mobile devices, smart phone applications, and consumer electronics.

“As one of Arizona’s pre-eminent business law firms, Jennings Strouss provides an excellent platform for advising companies in today’s dynamic patent climate,” Mr. Kelly noted. “Those companies that navigate successfully are tomorrow’s champions.”

Mr. Kelly earned a B.S. in Electrical and Computer Engineering from Marquette University (1991), a J.D. from the University of Illinois (1987), and a B.S. in Mechanical and Industrial Engineering from the University of Illinois (1983).  He is registered to practice before the U.S. Patent and Trademark Office, and admitted to practice in Arizona, where he currently serves on the executive council of the State Bar’s Intellectual Property Section.

About Jennings, Strouss & Salmon, PLC
Jennings, Strouss & Salmon, PLC, has been providing legal counsel for over 70 years through its offices in Phoenix, Peoria, and Yuma, Arizona; and Washington, D.C. The firm's primary areas of practice include agribusiness; bankruptcy, reorganization and creditors’ rights; construction; corporate and securities; employee benefits and pensions; energy; family law and domestic relations; health care; intellectual property; labor and employment; legal ethics; litigation; professional liability defense; real estate; surety and fidelity; tax; and trust and estates. For additional information please visit www.jsslaw.com and follow us on LinkedIn, Facebook, and Twitter.

The firm’s affiliate, B3 Strategies, assists clients with lobbying and public policy strategy at the local, state, and federal levels. For more information please visit www.b3strategies.com.

~JSS~

What is FERC Order No. 1000?


JSS energy attorney Andrea I. Sarmentero explains FERC Order No. 1000 and its five primary goals.

Friday, December 19, 2014

Commercial Tenants and Subordination, Non-Disturbance and Attornment Agreements





By Bruce B. May and Alan P. Christenson

In Hans Christian Andersen’s “The Emperor’s New Clothes,” an emperor is left exposed after the fine clothing promised by two weavers turns out to be of no more substance than his own vanity. Subordination, non-disturbance and attornment agreements, also known as SNDAs, can similarly leave a commercial tenant exposed if not obtained, carefully reviewed and, as necessary, negotiated.

An SNDA is an agreement among a tenant, landlord and typically the landlord’s lender under which the tenant subordinates its lease to the lender’s lien on the property and promises to recognize the lender as landlord in the event the lender acquires the property, typically through foreclosure. In return, the lender agrees to leave the tenant’s lease in place so long as the tenant is not in default. The SNDA is commonly incorporated into the terms of a commercial lease. A lender whose lien attaches to the property subject to the lease is subject to terms of the lease and the tenant’s rights.

What many tenants do not realize is that first, if the lease is entered into after the lien is attached, that the provisions in the lease do not control and many lenders will not agree to the provisions unless the tenant executes an SNDA in lender’s form. The lender’s form of SNDA will often contain significant exclusions to a lender’s promise of non-disturbance that will leave an unsuspecting tenant exposed to unanticipated liabilities. These exclusions often include the following together with others:
  • The tenant will not have the ability to exercise certain remedies in the lease, such as the right to offset or abate rent; 
  • The lender will not be bound by any amendments or assignments made without lender’s consent; 
  • The lender will not be liable for any of the prior landlord’s acts or omissions; and 
  • The lender will not be liable for any unpaid tenant improvement allowance. 
There are just a few of the exclusions. A tenant should consult with capable legal counsel to review and negotiate the terms of the SNDA and avoid the cost and embarrassment of being left exposed by an SNDA that does not offer a tenant sufficient protection.

Thursday, December 18, 2014

OMB Approves PHMSA Changes to Incident and Annual Report for Gas Pipeline Operators; PHMSA Plans to Initiate Rulemaking to Implement Further Changes


http://www.jsslaw.com/professional_bios/Joel_L_Greene




http://www.jsslaw.com/professional_bios/Richard_S_Harper







The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) received approval from the Office of Management and Budget (“OMB”) to continue using, with changes, various “Incident and Annual Reports for Gas Pipeline Operators” under OMB Control No. 2137-0522.  PHMSA had initially proposed changes to six specific forms that were used to gather certain annual and incident information from gas pipeline operators to track gas release incidents and help guide future regulations to reduce future pipeline incidents.  OMB ultimately authorized the amendments to, and continued use of, six specific forms as detailed in the table below:

Form
Amendments
Mechanical Fitting Failure Report (PHMSA F 7100.1-2)
Modified cause categories to collect more accurate data about the cause.
Gas Distribution Incident Report
(PHMSA F. 7100.1)
Added more options for type of gas, type of pipeline system, and type of material to collect more precise data.
Incident Report—Natural and Other Gas Transmission and Gathering Pipeline System (PHMSA F 7100.2)
Added another option to type of gas to collect more precise data.  At the request of industry, added information about how the MAOP of a gas transmission pipeline was determined.
Annual Report—Natural and Other Gas Transmission and Gathering Pipeline Systems (PHMSA F. 7100.2–1)
Collecting volume transported from all operators to enable comparisons among operators.  Modified the display of summary data in Parts Q and R with no change to the data collected.
Incident Report—Liquefied Natural Gas Facilities (PHMSA F 7100.3)
Removed the geospatial coordinates from the form since the location of each LNG facility is already reported to PHMSA.
Annual Report for Calendar Year 20l Liquefied Natural Gas Facilities (PHMSA F 7100.3–1)
Removing section describing how the report differs from the previous year report.  PHMSA collects data about modifications through the national registry.  Removing sections for reportable incidents and safety-related conditions since they are reported to PHMSA on other forms.  Specified whether a data field applies to the plant or the facility.
Gas Distribution Annual Report (PHMSA F 7100.1-1)
No changes.

PHMSA submitted its proposed changes to OMB in late 2013, and OMB provided two opportunities for interested parties to participate by submitting comments for the record.  Following receipt of these comments, PHMSA recognized that further changes to the forms were required, but that the immediate proceeding was the inappropriate venue for such changes.  In summarizing one specific comment, PHMSA emphasized that: “On the MFF Report, every failure is a joint failure.”  PHMSA intends to initiate a rulemaking to change the title of regulations 191.12 and 192.1009 to more accurately reflect that failures are in joints rather than in fittings. It is anticipated that the titles will become 49 CFR Part 191.12 – “Distribution Systems: Mechanical Joint Failure Reports” and 49 CFR Part 192.1009 – “What must an operator report when a mechanical joint fails?”

These changes and the decision to institute a rulemaking are significant because they recognize the inaccurate information that, to this point, has been collected by PHMSA.  Without these changes, PHMSA’s reporting provides insufficient detail, and many failures due to incorrect installation of gasketed joints are incorrectly reported as  failures due to other causes.  While the approved changes to the form and instructions are a step in the right direction, they are insufficient by themselves to provide PHMSA with wholly accurate information.  The rulemaking is another step in the right direction.  Once the rulemaking is complete, PHMSA will at least be able to separate joint failures from fitting failures by further modifying FORM F7100-1.2 and associated instructions to reflect the better understanding that reported leaks are not in mechanical fittings, but in joints between fittings and pipe.

For more detailed information on these changes, see http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201311-2137-001.