Podcast: Jennings Strouss Attorney Scott Rhodes - Substance Abuse

 

Podcast: Jennings Strouss Attorney Scott Rhodes - Receiving A Bar Complaint

 

Diana Lauritson Joins Jennings Strouss As New Marketing Manager

Phoenix (November 28, 2012) – Jennings, Strouss & Salmon, P.L.C., a leading Phoenix-based law firm, is pleased to announce that Diana Lauritson has joined the firm as the Marketing Manager in its Phoenix office.

Prior to joining the firm, Ms. Lauritson served as the Director of Communications and Community Relations for the Arizona Myeloma Network, and previously served as the Government Relations and Public Affairs Liaison for the Border Trade Alliance. Her background in marketing and community relations encompasses a variety of industries including local, state and federal governments, international trade associations, non-profits, and higher education.

“Diana brings diverse experience and knowledge that fits nicely with the firm’s approach to marketing and client service. She is a great asset to the firm and we are happy to welcome her to our team,” states Dawn O. Anderson, the firm’s Director of Business Development.

Lauritson attended Creighton University and earned her Bachelor’s degree in Political Science with a specialization in Legal Studies and a double major in Spanish. She also holds a M.B.A from Florida Tech and a M.S. in Negotiation and Dispute Resolution, with an International concentration, from Creighton University School of Law. 

Lauritson is a member of Zeta Phi Beta Sorority, Inc., the Greater Phoenix Urban League’s Young Professionals, and the African-American Strategic Leadership Group (AASLG). She also serves on the City of Phoenix's South Mountain Village Planning Committee.

About Jennings, Strouss & Salmon

Jennings Strouss & Salmon is one of the Southwest's leading law firms, providing legal counsel for nearly 70 years through its offices in Phoenix and Peoria, Arizona; and Washington, D.C. The firm's primary areas of practice include bankruptcy, reorganization and creditors’ rights; construction; corporate and securities; energy; family law and domestic relations; health care; intellectual property; labor and employment; litigation; real estate; sports and entertainment; surety and fidelity; tax; and trust and estates. For additional information please visit www.jsslaw.com and follow us on LinkedIn, Facebook and Twitter.

~JSS~

Contact:  Dawn O. Anderson  |  danderson@jsslaw.com|  602.495.2806

Jennings Strouss Included in 2012-2013 Best Law Firms in America®

PHOENIX, Ariz. (November 26, 2012) – Jennings, Strouss & Salmon, PLC announced that it has been selected for inclusion in Best Law Firms in America® 2013, published by U.S. News and Woodward/White, Inc. of Aiken, South Carolina.

The listings are presented in tiers and ranked nationally and by metropolitan area.  The rankings showcase 10,324 different law firms ranked in one or more of 80 national and 118 metropolitan legal practice areas.  Achieving a high ranking is a special distinction that signals a unique combination of excellence and breadth of expertise.

The methodology for the U.S. News - Best Lawyers "Best Law Firms" rankings involved surveying thousands of law firm clients, leading lawyers and law firm managers, partners and associates, and marketing and recruiting officers. Criteria included expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility, integrity, and whether they would refer another client or a matter to a firm.

Jennings, Strouss & Salmon received a Tier 1 national ranking for Medical Malpractice Law – Defendants. The firm also received national rankings for Energy Law (Tier 2), Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Commercial Litigation, and Tax Law (Tier 3).

In addition to the national rankings, Jennings, Strouss & Salmon was included in the metropolitan rankings for the following practice areas:

Phoenix - Tier 1:

Administrative/Regulatory Law
Arbitration
Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
Commercial Litigation
International Trade and Finance Law
Litigation – Bankruptcy
Litigation – Eminent Domain & Condemnation
Mediation
Medical Malpractice Law - Defendants
Personal Injury Litigation - Defendants
Real Estate Law
Tax Law
Trust & Estates Law

Phoenix - Tier 2:

Eminent Domain and Condemnation Law
Employment Law – Management
Energy Law
International Arbitration - Commercial
Legal Malpractice Law - Defendants
Litigation – Banking & Finance
Litigation – Construction
Litigation – Real Estate

Phoenix - Tier 3:

Corporate Governance Law
Corporate Law
Ethics and Professional Responsibility Law
Labor Law – Management
Litigation – Labor & Employment
Mergers & Acquisitions Law
Public Finance Law

Washington DC - Tier 1:

Energy Law

About the U.S. News Media Group

The U.S. News Media Group is a multi-platform digital publisher of news and analysis, which includes the monthly U.S. News & World Report magazine, the digital-only U.S. News Weekly magazine, www.usnews.com, and www.rankingsandreviews.com. Focusing on Health, Money & Business, Education, and Public Service/Opinion, the U.S. News Media Group has earned a reputation as the leading provider of service news and information that improves the quality of life of its readers. The U.S. News Media Group’s signature franchises include its News You Can Use® brand of journalism and its series of consumer guides that include rankings of colleges, graduate schools, hospitals, health plans and more.

About Best Lawyers

Best Lawyers is the oldest and most respected peer-review publication in the legal profession. For over thirty years, the company has helped lawyers and clients find legal counsel in distant jurisdictions or unfamiliar specialties. The 2013 edition of The Best Lawyers in America includes 41,284 lawyers covering all 50 states and the District of Columbia and is based on more than 4.3 million detailed evaluations of lawyers by other lawyers. Best Lawyers also publishes peer-reviewed listings of lawyers in nearly 70 other countries, covering many of the world’s major legal markets. Best Lawyers lists are excerpted in a wide range of general interest, business and legal publications worldwide, reaching an audience of more than 17 million readers.

About Jennings, Strouss & Salmon

Jennings Strouss & Salmon is one of the Southwest's leading law firms, providing legal counsel for nearly 70 years through its offices in Phoenix and Peoria, Arizona; and Washington, D.C. The firm's primary areas of practice include bankruptcy, reorganization and creditors’ rights; construction; corporate and securities; energy; family law and domestic relations; health care; intellectual property; labor and employment; litigation; real estate; sports and entertainment; surety and fidelity; tax; and trust and estates. For additional information please visit www.jsslaw.com and follow us on LinkedIn, Facebook and Twitter.

~JSS~

Contact:  Dawn O. Anderson  |  danderson@jsslaw.com  |  602.495.2806

FERC Orders Additional Technical Conferences on Coordination Between Natural Gas and Electricity Markets

 

By Elizabeth B. Teuwen

In August of this year, FERC convened five regional technical conferences to address a number of issues implicated by the growing need to coordinate the natural gas and electric industries.  On November 15, 2012 FERC issued an order further addressing the issues raised by these technical conferences and concluded that additional technical conferences are necessary.  See Coordination Between Natural Gas andElectricity Markets, 141 FERC ¶ 61,125 (2012).

Leading up to the August technical conferences, FERC solicited comments from all industry participants on a wide range of coordination issues including communications, reliability, and scheduling.  Parties were then invited to discuss these issues in a regional context at the technical conferences held in various parts of the country. 

In the November Order, FERC noted that individual industry participants have already begun to undertake certain coordination measures.  However, FERC identified information sharing and scheduling as two areas of concern common to all regions of the country that require additional discussion.  FERC has ordered two additional technical conferences to separately deal with these concerns.  With regard to information sharing, FERC directed Commission staff to consider whether additional guidance or new regulation might be needed to ensure adequate communications between the electric and natural gas industries, especially during emergencies.    FERC also questioned whether the scheduling practices of each industry need to be modified and harmonized to promote better efficiencies for both industries.

In addition, FERC recognized that regional transmission organizations (RTOs) and independent system operators (ISOs) have a unique perspective on coordination issues as they affect the day-to-day operations of energy markets and the reliability unit commitment process.   FERC has ordered each RTO/ISO to report to the commission on two separate dates next year (May 16^th and October 17^th) to relate results of their recent attempts to refine their practices.  FERC has also ordered its staff to report quarterly in 2013 and 2014 on the progression of natural gas and electric coordination within each region.  At the end of these two years FERC will determine whether further reporting is required and whether other actions may be necessary to continue improving coordination efforts.

FERC Institutes Two More Investigations into Possible Pipeline Over-Recoveries of Cost of Service

 

By Joel L. Greene

 

On November 15, 2012, the Federal Energy Regulatory Commission (“FERC”) initiated separate investigations, pursuant to its Section 5 authority under the Natural Gas Act, to determine whether the rates currently charged by Viking Gas Transmission Company and Wyoming Interstate Company, LLC (“WIC”) are just and reasonable. These orders follow eight previous Section 5 pipeline rate investigations FERC has instituted since 2009.  As in the prior cases, Viking and WIC were directed to file a full cost and revenue study within 75 days of the issuance of their respective order (due January 29, 2013), which will provide a baseline of actual annual costs and revenues and starting point for further analysis. Motions to intervene by affected parties are due by December 17.  Presiding Judges have already been assigned to conduct hearings on a Track II Hearing Timeline.

In Viking’s case, FERC stated that the company’s current rates were established as part of a FERC-approved settlement on November 8, 2002, and that the settlement did not require Viking to file a new rate case at any time in the future.  Viking has not filed a general NGA section 4 rate case in the 10 years since the 2002 settlement.  Having reviewed Viking’s cost and revenue information for the years 2010 and 2011, FERC estimates that the company’s return on equity for those calendar years is 21.39 percent and 21.75 percent, respectively. This concern precipitated the investigation and the need for a hearing to determine whether Viking’s level of earnings is substantially in excess of actual cost of service, including a reasonable return on equity.

Similarly, WIC’s current rates were established as part of a settlement approved on September 27, 2000, with no obligation on the part of WIC to file a new rate case at any time in the future, and with no general Section 4 filing made in the past twelve years.  FERC’s review of WIC’s cost and revenue information for the years 2010 and 2011 resulted in estimated returns on equity for those two calendar years to be 19.55 percent, and 18.51 percent, respectively.

Interestingly, none of the Section 5 rate investigations instituted by FERC since November, 2009 has proceeded to a full evidentiary hearing and decision.  Rather, all have resulted in case-specific uncontested settlements approved by FERC, with the exception of one case (MIGC LLC) that was terminated by the Presiding Judge based on changed circumstances raised on motion by FERC Trial Staff.  It is too early to tell how the Viking and WIC cases will evolve. 

APPA-NRECA Expert Confirms Skepticism of Western Energy Imbalance Market

By Alan I. Robbins

A study performed for APPA and NRECA confirms that those that have been skeptical of the benefits of a proposed energy imbalance market in the Southwest, as is being urged by DOE Secretary Chu and the Western Area Power Administration, have good reason to be skeptical. According to the study, production cost savings would be extremely modest, in an estimated range of 0.72-1.36%, if that. Among other observations, the study notes that the government’s preliminary study, performed by the National Renewable Energy Laboratory, underestimates existing economic efficiencies by ignoring bilateral agreements for reserve sharing, economic interchange, power supply, ancillary services and other arrangements. Alan I. Robbins, a member of Jennings Strouss’ Energy Group, believes that these conclusions fall in line with public power experiences in other RTO regions.

Jennings Strouss Attorney Richard Lieberman Appointed to American Heart Association’s Board of Directors

Jennings Strouss is pleased to announce that Richard Lieberman, a member in the firm's Phoenix office, has been elected to the Board of Directors for the American Heart Association's (AHA) Greater Phoenix Division.

"I am honored to have this opportunity to help the American Heart Association continue its critical role in research, educationand legislative initiatives impacting the heart and stroke health of all Arizonans," said Lieberman."The work of the AHA impacts so many lives, and the Board continuously strives to broaden its reach."

The American Heart Association's mission is to build healthier lives, free of cardiovascular disease and stroke. Its dedication to reducing heart disease and stroke is approached through education, research and advocacy. Here in Phoenix, the AHA has a rich tradition of fighting heart disease and stroke. The organization has received tremendous success. Most work places in Arizona are smoke free, the redesigned Halle Heart Children's Museum educates more than 30,000 elementary school students each year, and more Valley residents than ever receive powerful information about heart healthy living.

"The AHA seeks to touch the lives of each of us through its myriad of events and programs, like the Heart Walk, Jump Rope for Heart, Go Red for Women, the Heart Ball,and My Life Check, just to name a few," Lieberman said."The goal is to improve the quality of lives, not just prolong them," he continued.

Richard Lieberman is Chair of the firm's Corporate, Securities and Finance Department and serves on the firm's Management Committee. He has extensive experience in a broad range of business law issues, including mergers and acquisitions, securities, corporate governance, finance and banking, employment, executive compensation, bankruptcy and corporate restructuring, litigation and legislation.

He earned a J.D. from the University of Illinois School of Law and a B.A. also from the University of Illinois.

Arizona Case Law Updates Related to Anti-Deficiency Statutes

By David W. Elston

Arizona’s anti-deficiency statutes were enacted in 1971.  The purpose of the anti-deficiency statutes is to bar a homeowner’s personal liability after losing a qualified residential property to foreclosure under certain circumstances.  The statutes prohibit execution against and attachment of a borrower’s assets when the property foreclosed upon either judicially or through a trustee sale is (i) a qualified property and (ii) the debt is a qualified loan. The scope and breadth of the statutes have been the subject of three recent Arizona judicial decisions of which a brief summary of each are as follows: 

1.           In M&I Marshall & Ilsley Bank v. Mueller, 228 Ariz 478 (2011), the Arizona Court of Appeals expanded the scope of the Arizona anti-deficiency statutes to protect borrowers from a deficiency judgment after a foreclosure of a mortgage securing their loan in which the loan proceeds were used to construct the borrowers’ unfinished house.  Under Arizona’s anti-deficiency statutes, “utilization” of the house as a dwelling is one of three requirements that a borrower must meet in order to be protected from a deficiency judgment.  The Arizona Court of Appeals held that the Mueller case was distinguishable from prior Arizona cases in that in Mueller the borrowers used the loan proceeds to purchase and construct the property with the intent to occupy the dwelling upon its completion.  Therefore, the borrowers were protected from a deficiency judgment even though the house was not completed and had never been lived in.  On August 28, 2012, the Arizona Supreme Court denied the request of many lenders to overturn this Court of Appeals ruling.

2.           In Helveta Servicing, Inc. v. Pasquan, 229 Ariz. 493 (2012), the Arizona Court of Appeals held that a lender may obtain a deficiency judgment after a judicial foreclosure for any non-purchase money loan proceeds disbursed to the borrower (i.e., the loan proceeds were not used solely by the borrower to purchase the property, or in the case of a refinance transaction, the loan proceeds were not used solely by the borrower to pay off existing purchase money loan debt) to the extent that the non-purchase money proceeds could be segregated and traced.  The ruling, however, only applies to cases whereby a lender foreclosures upon the property in a judicial foreclosure action.  If the lender had elected to foreclose the property non-judicially pursuant to a power of sale provision, it would not have been entitled to recover a deficiency judgment against the borrower regardless of whether the refinanced loan proceeds were purchase money debt or non-purchase money debt.

The Court of Appeals in Helvetica also ruled that a construction loan qualifies as a purchase money loan if the loan proceeds are actually used to construct the house that otherwise qualifies for protection under the Arizona anti-deficiency statutes, and if the deed of trust securing the loan encumbers the land and the house built thereon.

3.           More recently, in Independent Mortgage Company v. Alaburda, 230 Ariz. 181 (2012), the Arizona Court of Appeals ruled that the owners of a vacation home (the owners owned a fractional interest in the property and they were entitled to use the property for a maximum of 28 days per year) qualified for protection under Arizona’s anti-deficiency statutes because the statutes do not limit its protection to only those that own all of the property.  The Court of Appeals rejected the lender’s argument that a 1/10^th interest in a vacation accommodation was not a “dwelling” entitled to anti-deficiency protection under the Arizona statutes in holding that what constitutes a one–family or two-family dwelling is not determined by how many families pass through the residence, but on the number of families there at a time.

Short Sale - Applicability of Anti-Deficiency Statutes.

Generally, while the specific language of the Arizona anti-deficiency statutes refer to qualifying properties sold by “trustee sale” or through a “judicial foreclosure”, any deficiency is also waived by the lender if it approves a short sale and releases the deed of trust or mortgage securing the debt, unless there is evidence of an agreement to the contrary made by the lender and borrower (i.e., where the lender agrees to release its mortgage or deed of trust to allow the short sale but requires that the borrower sign documentation thereby agreeing that a portion of the debt is still owed to the lender upon the short sale closing and release of the deed of trust or mortgage by the lender). 

Jennings Strouss Gains Six New Attorneys and Two New Areas of Practice

Phoenix (September 4, 2012) – Jennings, Strouss & Salmon, PLC is pleased to announce that six attorneys have joined the firm’s Phoenix office, expanding the firm’s services to include Surety, Fidelity and Family Law.   

Jay M. Mann, Richard S. Wisner, Scott F. Frerichs, Andy J. Chambers and Patrick F. Welch are members of the firm’s new surety and fidelity law practice, and bring additional experience in the areas of construction law and commercial litigation. Norma Izzo Milner leads the firm’s family law and domestic relations practice.

“Jay Mann, Dick Wisner and their team are Arizona’s preeminent attorneys in the area of surety and fidelity law. They fit very well in the firm’s overall plan for growth,” states J. Scott Rhodes, managing attorney at Jennings, Strouss & Salmon, PLC. “Norma Izzo Milner has established herself as a leading practitioner in family law and domestic relations, especially in the areas of mediated and collaborative divorces. Norma’s addition to the firm illustrates our commitment to evolve our services to meet the needs of the community.”

Jay M. Mann is chair of the firm's Surety and Fidelity Group. He is a frequent lecturer and author in the areas of construction, surety and fidelity law. Mann is also active in numerous professional and civic organizations, including the American Bar Association, where he serves as a Vice Chair of the  Fidelity and Surety Law Committee, the State Bar of Arizona, the Maricopa Bar Association, as well as numerous other organizations focused on construction, surety and fidelity law. He earned a J.D., with honors, from Loyola University of Chicago and a B.A. from the University of Illinois.

“Jennings Strouss is a high caliber firm with a reputation for quality client service,” says Jay M. Mann, chair of the firm’s new Surety and Fidelity Law Group. “We look forward to building on the Jennings Strouss legacy with the addition of these new legal services.”

Richard S. Wisner is special counsel in the Surety and Fidelity Group.  He is recognized as a leader in the fidelity and surety field, and  is the recipient of Lifetime Achievement Awards from the American Bar Association, Fidelity and Surety Law Committee ("FSLC") and the National Bond Claim Association. Wisner is a Past Chair of FSLC and currently serves on the Board of Directors of the Surety & Fidelity Claims Institute. Wisner earned a J.D. from DePaul University and a B.A. from Loyola University.

Scott F. Frerichs is a member in the Surety and Fidelity group. He focuses his practice in the areas of commercial and construction litigation, personal injury defense, professional and products liability, and appellate law. Frerichs earned both a J.D., cum laude, and B.S. from Arizona State University. 

Andy J. Chambers is a member in the Surety and Fidelity group. He focuses his practice on fidelity law, commercial litigation, and surety and construction law. Chambers earned a J.D., cum laude, from the Washington College of Law at American University and a B.A. from the University of California, Santa Barbara.

Patrick F. Welch is an associate in the Surety and Fidelity group. He focuses his practice in the areas of commercial litigation, construction, fidelity and surety, and employment. Welch earned a J.D. from the New England School of Law and B.A. from Connecticut College.

Norma Izzo Milner is a member and leads the firm’s Family Law and Domestic Relations practice, which includes collaborative divorce, mediation, arbitration, parent coordination, custody and child support.  Ms. Izzo Milner has been appointed as a judge pro tempore for the Family Court Division and IV-D Court of the Superior Court of Arizona in Maricopa County. She also serves on the State Bar of Arizona Committee for Family Law Rules of Practice and Procedure and on the Board of Directors for the Maricopa County Bar Association. She earned a J.D. from Arizona State University and a B.A. from Northern Arizona University.

“Jennings Strouss is a firm with a long history of providing top notch service to their clients,” states Izzo Milner. “I look forward to being a part of such a dynamic team of attorneys.”

About Jennings, Strouss & Salmon

Jennings Strouss & Salmon is one of the Southwest's leading law firms, providing legal counsel for nearly 70 years through its offices in Phoenix, and Peoria, Arizona; and Washington, D.C. The firm's primary areas of practice include bankruptcy, reorganization and creditors’ rights; corporate, securities and finance; energy; family law and domestic relations; health care; intellectual property; labor and employment; litigation; real estate; sports and entertainment; surety and fidelity; tax; and trust and estates.  For additional information please visit www.jsslaw.com.

~JSS~

Contact:  Dawn O. Anderson  |  danderson@jsslaw.com  |  602.495.2806