YOUR EMPLOYMENT LAW SPECIALISTS VOL. 26, NO. 4 APRIL 2009 BERENS & TATE MERGER WITH JACKSON LEWIS WHAT'S INSIDE As many of you may know, Laborwatch has been in existence for over 20 years. This is the first time that Laborwatch will not focus on recent labor and employment development news. It will focus on something we try to avoid--talking about ourselves. On April 1, 2009, Berens & Tate, PC, LLO merged with Jackson Lewis, LLP. In this edition, we will explain why we decided on this merger and what that means to you--our valued clients, friends, and subscribers. We hope you share our excitement about this incredible opportunity. We have no doubt the synergy from this merger will translate into enhanced legal services for our clients and friends. We want to thank you for choosing Berens & Tate to assist you in the past. Our hope is that you will continue to use us now that we have joined Jackson Lewis! We encourage you to take a moment and check out Jackson Lewis' website at www.jacksonlewis.com. Berens & Tate Partners Berens & Tate Join Forces....... 2 Practice Areas................ 4 Offices of Jackson Lewis........ 5 Office Locations Map.......... 6
BERENS & TATE JOINS FORCES WITH JACKSON LEWIS LLP TO BECOME THE FIRST NATIONAL EMPLOYMENT FIRM IN NEBRASKA Berens & Tate, PC, LLO, with 30 years' experience representing employers in labor and employment law from its Omaha office, has merged its practice with the national workplace law firm, Jackson Lewis LLP. Jackson Lewis is one of the largest workplace law firms in the United States, and now, with the addition of Berens & Tate, is the first national employment law firm with an office in Nebraska. A LEADER IN MANAGEMENT-SIDE EMPLOYMENT LAW BERENS & TATE REMAINS PREEMINENT AS "JACKSON LEWIS" Like Berens & Tate, Jackson Lewis, founded in 1958, has been devoted to management-side labor and employment law. And like Berens & Tate, Jackson Lewis is committed to excellence, innovation, and professionalism in delivering practical workplace law solutions. What attracted Berens & Tate to Jackson Lewis, however, was the opportunity to increase dramatically our services to our clients and delivering the best workplace law solutions. As part of Jackson Lewis, we have expanded our resources, enhanced our capabilities, and added a nationwide presence to our already robust labor and employment law practice in the critical areas of employee benefits, employment litigation, immigration, affirmative action, human resources, and training. We have become part of one of the leading nationwide firms representing management in all aspects of workplace law and related litigation. With the addition of our nine partners and associates, Jackson Lewis now has more than 550 lawyers nationwide in 41 offices. STRENGTHENING CAPABILITIES IN EMPLOYEE BENEFITS/ERISA, AFFIRMATIVE ACTION, IMMIGRATION,AND TRAINING Defining Jackson Lewis is its focus on building client relationships. The Firm achieves this through the development of practice area specialties to address the sophisticated needs of employers today. This approach fit seamlessly with the mission of Berens & Tate for its 30 years of practice: building true partnerships and long-term relationships.we have sought to provide clients with an unmatched level of service, not only for their immediate problems, but in identifying and dealing with issues that could cause problems later. By joining with Jackson Lewis, we expand our services to include the full range of solutions for clients' workplace law needs. We also remain true to our goal of offering consistently innovative solutions. Our merger with Jackson Lewis now allows us to offer services in employee benefits, and specifically ERISA, in affirmative action and other services for government contractors and sub-contractors, and in expanded immigration work, management and workforce training, and other workplace law needs. Our practice areas now include all of the following: Affirmative Action and OFCCP Diversity Planning; Disability, Leave and Health Management; Employee Benefits, including Complex ERISA Litigation, Workplace Privacy and Executive Compensation; Global Immigration; Labor, including Preventive Practices; Litigation, including Class Actions, Complex Litigation and e-discovery; Trade Secrets, Non-Competes and Workplace Technology; Wage and Hour Compliance; and Workplace Safety Compliance. In addition, Jackson Lewis provides advice nationally in other workplace law areas, including: Reductions in Force, WARN Act; Corporate Governance and Internal Investigations; Drug Testing and Substance Abuse Management; International Issues; Management Education, including e-based Training; Alternative Dispute Resolution; Public Sector Issues; and Government Relations. A description of these capabilities and services is available online at www.jacksonlewis.com/pa. OUR MISSION REMAINS TO DELIVER PERSONAL SERVICE AND PRACTICAL WORKPLACE LAW SOLUTIONS TO OUR CLIENTS When Kelly (Kelvin) Berens founded the firm in 1979, he made a commitment to excellence that was unconditional. That commitment was the catalyst behind the success of Berens & Tate and is the success of Jackson Lewis today. As part of the Jackson Lewis team, Mr. Berens continues in the position of managing partner for the Omaha office. He is joined by his Berens & Tate partners, Joe Dreesen, Chris Hoyme, Tim Loudon and Chad Richter, and associates, Michael Mortensen, Ken Wentz, Jill Poole, and Ross Gardner and Human Resource Professional, Annette Burwell. Commenting upon the merger, Mr. Berens said, "My partners, associates and I are very excited about this incredible opportunity to join what we consider to be the premier workplace law boutique in our region and the nation. At a time when many firms are downsizing or restructuring, Jackson (Continued on Page 3) 2
BERENS & TATE JOINS FORCES WITH JACKSON LEWIS LLP (Continued from page 2) Lewis has continued its record of profitability and its strategy for growth necessitated by demand. The merger with Jackson Lewis allows us to expand our practice geographically. It gives us the capability to offer services in the areas of employee benefits/erisa and affirmative action, and increases our ability to serve the immigration, training, and other workplace law needs of our clients. We have no doubt the synergy from our new firm will create opportunities to expand our client base and enhance the level of legal services our existing clients and friends have come to expect. We thank you for choosing Berens & Tate to assist you in the past. We hope you share our excitement and will continue to use us now that we have joined Jackson Lewis!" Jackson Lewis firm-wide managing partner, Patrick L. Vaccaro, added, "We are honored that this distinguished group of labor and employment law practitioners has joined our firm. Their accomplishments as lawyers, business people, client acquirers, and builders of a thriving practice in the heart of the Great Plains is very impressive and notably enhances the reputation of our firm. We believe being the first national workplace law firm to maintain an office in Nebraska provides area employers unmatched access to the experience, resources, and support needed at this critical time for the American workplace. Having an Omaha office staffed by established leaders in the legal community gives Jackson Lewis the opportunity to better serve our clients doing business in Nebraska, Iowa, Kansas, Missouri, and the Dakotas." ABOUT JACKSON LEWIS LLP For more than 50 years, Jackson Lewis has placed a high premium on preventive strategies and positive solutions in the practice of workplace law. We partner with employers to develop policies and procedures to promote constructive employee relations and limit disputes. When complaints arise, we work with clients to take incisive action to effect solutions that minimize costs and maximize results. Whether we are counseling on legal compliance or litigating a complex case, we help our clients achieve their business goals and promote an issue-free work environment. Maintaining a robust schedule of management educational opportunities and events, Jackson Lewis helps employers nationwide to stay a step ahead. The Firm was one of the first to provide clients and contacts with substantive bulletins and seminars on developments and trends in labor and employment law. Through periodic newsletters, email alerts, website content, webcasts, and live in-house and public presentations, Jackson Lewis continues to provide news, analysis, and insight into the most critical issues for employee relations and human resources management. Of particular note are the Firm's long-running Corporate Counsel Conferences, regional office breakfast series programs, and the highly successful series, "How to Stay Union Free." A complete listing of upcoming events is available online at www.jacksonlewis.com/events. As a leader in workplace law and practice, Jackson Lewis has built and maintained strong relationships with many employer organizations and trade associations around the country. On a nationwide level, we are especially proud of the relationships we have developed with the Association of Corporate Counsel, the Society for Human Resource Management, and the United States Chamber of Commerce. Our attorneys have devoted thousands of hours and invaluable resources to their shared mission of educating and assisting employers, their in-house legal counsel, and human resource management professionals in their respective roles within the management community. Through this important work with ACC, SHRM, and the Chamber, we are able to learn first-hand the goals, challenges, and problems facing employers and to share with them the experience, knowledge, and insight of our employment law specialists. Jackson Lewis is committed to promoting an inclusive culture where diversity is valued by everyone, and we endorse the ongoing commitments of the Berens & Tate attorneys and staff to the diversity groups and programs they have supported. We are proud of our role as a leader in educating and training employers in the laws of equal opportunity. Sharing our clients' goals to emphasize diversity, integrity, and respect for the contribution of every employee, we understand the importance of having a workforce that reflects the various communities in which we work and upon which we can rely to develop preventive strategies and positive solutions that are effective for today's diverse workforces. Jackson Lewis seeks to recruit, hire, retain and develop a diverse team of employees who share our passion for representing management in all aspects of workplace law. We actively promote diversity efforts through community outreach, educational initiatives, and partnering with organizations representing the interests of minorities and women. With offices in major cities throughout the U.S., Jackson Lewis combines a national perspective with an awareness of local business environments. Our clients represent a wide range of public and private businesses and non-profit institutions. In addition to the practice areas listed above, Jackson Lewis provides advice nationally in all other areas of workplace law (Continued on Page4) 3
BERENS & TATE JOINS FORCES WITH JACKSON LEWIS LLP (Continued from page 3) and related litigation. For further information regarding Jackson Lewis, please visit our website, www.jacksonlewis.com. SERVING EMPLOYERS NATIONWIDE FROM OMAHA AND 40 OTHER REGIONAL OFFICES Jackson Lewis LLP serves employers nationwide and in Puerto Rico from 41 regional offices throughout the United States: Please see the list of offices on page 5. From all outward appearances other than the name change all of the important things about representing Berens & Tate clients will not change. Our clients will continue to work with predominantly the same staff and attorneys. We will continue to manage our office locally (our phone numbers and mailing addresses remain unchanged, though our email addresses will change). And you will continue to receive our best efforts in every matter we handle on your behalf. Our offices are located at 10050 Regency Circle, Suite 400, Omaha, NE 68114. Kelly Berens, Managing Partner, can be reached at (402) 391-1991, or at berensk@jacksonlewis.com. For further information regarding Jackson Lewis, please visit www.jacksonlewis.com. Our new email addresses are as follows: Kelvin (Kelly) Berens berensk@jacksonlewis.com Joseph Dreesen dreesenj@jacksonlewis.com Timothy Loudon loudont@jacksonlewis.com Christopher Hoyme hoymec@jacksonlewis.com Chad Richter richterc@jacksonlewis.com Michael Mortensen mortensm@jacksonlewis.com Kenneth Wentz, III wentzk@jacksonlewis.com Jill Poole poolej@jacksonlewis.com Ross Gardner gardnerr@jacksonlewis.com Annette Burwell burwella@jacksonlewis.com PRACTICE AREAS: Affirmative Action and OFCCP Diversity Planning Alternative Dispute Resolution Class Actions and Complex Litigation Corporate Governance and Internal Investigations Disability, Leave and Health Management Drug Testing and Substance Abuse Management Employee Benefits, including Complex ERISA Litigation, Workplace Privacy and Executive Compensation Global Immigration Government Relations International Issues Labor Relations, including Preventive Practices Litigation and e-discovery Litigation Avoidance Management Education, including e-based Training Public Sector Issues Reductions in Force, WARN Act Trade Secrets, Non-Competes and Workplace Technology Wage and Hour Compliance Workplace Safety Compliance 4
OFFICES OF JACKSON LEWIS LLP Albany, NY 18 Corporate Woods Blvd., Third Floor Albany, NY 12211 (518) 434-1300 Franklin Goldberger Resident Manager & Partner Albuquerque, NM San Mateo Corporate Center 4300 San Mateo Blvd., N.E., Suite B-260 Albuquerque, NM 87110 (505) 878-0515 Danny W. Jarrett Managing Partner Atlanta, GA 1155 Peachtree Street, NE, Suite 1000 Atlanta, GA 30309 (404) 525-8200 Jeffrey M. Mintz Managing Partner Birmingham, AL First Commercial Bank Building 800 Shades Creek Parkway, Suite 870 Birmingham, AL 35209 (205) 332-3100 Thomas A. Davis Resident Manager & Partner Boston, MA 75 Park Plaza, 4th Floor Boston, MA 02116 (617) 367-0025 Andrew C. Pickett Managing Partner Chicago, IL 320 West Ohio Street, Suite 500 Chicago, IL 60654 (312) 787-4949 Jane M. McFetridge Managing Partner Cleveland, OH Park Center Plaza I 6100 Oak Tree Blvd., Suite 400 Cleveland, OH 44131 (216) 750-0404 James M. Stone Resident Manager & Partner Dallas, TX 3811 Turtle Creek Blvd., Suite 500 Dallas, TX 75219 (214) 520-2400 Christopher C. Antone Managing Partner Denver, CO 1050 Seventeenth Street, Suite 2450 Denver, CO 80265 (303) 892-0404 Mickey Silberman Managing Partner Detroit, MI 2000 Town Center, Suite 1650 Southfield, MI 48075 (248) 936-1900 Maurice G. Jenkins Resident Manager & Partner Greenville, SC One Liberty Square 55 Beattie Place, Suite 800 Greenville, SC 29601 (864) 232-7000 Andreas N. Satterfield Jr. Managing Partner Hartford, CT 90 State House Square, 8th Floor Hartford, CT 06103 (860) 522-0404 Beverly Garofalo Managing Partner Houston, TX Wedge International Tower 1415 Louisiana, Suite 3325 Houston, TX 77002 (713) 650-0404 Teresa S. Valderrama Resident Manager & Partner Jacksonville, FL 245 Riverside Avenue, Suite 450 Jacksonville, FL 32202 (904) 638-2655 Richard N. Margulies Resident Manager & Partner Las Vegas, NV 3960 Howard Hughes Parkway, Suite 450 Las Vegas, NV 89169 (702) 921-2460 Gary C. Moss Resident Manager & Partner Long Island, NY 58 South Service Road, Suite 410 Melville, NY 11747 (631) 247-0404 Mark L. Sussman Managing Partner Los Angeles, CA 725 South Figueroa Street, Suite 2500 Los Angeles, CA 90017 (213) 689-0404 Lawrence H. Stone Managing Partner Memphis, TN 999 Shady Grove Road, Suite 110 Memphis, TN 38120 (901) 462-2600 James R. Mulroy, II Resident Manager & Partner Miami, FL One Biscayne Tower 2 South Biscayne Boulevard, Suite 3500 Miami, FL 33131 (305) 577-7600 Tasos C. Paindiris Managing Partner Minneapolis, MN 150 Fifth Street Towers, Suite 1450 150 South Fifth Street Minneapolis, MN 55402 (612) 341-8131 David J. Duddleston Managing Partner Morristown, NJ 220 Headquarters Plaza East Tower, Seventh Floor Morristown, NJ 07960 (973) 538-6890 Richard J. Cino Managing Partner New Orleans, LA 650 Poydras Street, Suite 1900 New Orleans, LA 70130 (504) 208-1755 René E. Thorne Resident Manager & Partner New York, NY 59 Maiden Lane, 39th Floor New York, NY 10038 (212) 545-4000 Philip B. Rosen Managing Partner Omaha, NE 10050 Regency Circle Omaha, NE 68114 (402) 391-1991 Kelvin Berens Managing Partner Orange County, CA 5000 Birch Street, Suite 5000 Newport Beach, CA 92660 (949) 885-1360 Frank Liberatore Managing Partner Orlando, FL 390 North Orange Avenue, Suite 1285 Orlando, FL 32801 (407) 246-8440 Donald C. Works III Managing Partner Philadelphia, PA Three Parkway 1601 Cherry Street, Suite 1350 Philadelphia, PA 19102 (267) 319-7802 Rick Grimaldi - Resident Manager & Partner Phoenix, AZ 2390 East Camelback Road, Suite 305 Phoenix, AZ 85016 (602) 714-7044 Amy Gittler - Managing Partner Pittsburgh, PA One PPG Place, 28th Floor Pittsburgh, PA 15222 (412) 232-0404 Lynn C. Outwater - Managing Partner Portland, OR 806 SW Broadway, 4th Floor Portland, OR 97205 (503) 229-0404 Scott Oborne - Managing Partner Portsmouth, NH 100 International Drive, Suite 363 Portsmouth, NH 03801 (603) 559-2700 Debra Weiss Ford Resident Manager & Partner Providence, RI 127 Dorrance Street, 4th Floor Providence, RI 02903 (401) 490-3444 Rebecca McSweeney Resident Counsel Raleigh-Durham, NC 1400 Crescent Green, Suite 320 Cary, NC 27518 (919) 854-0044 Richard S. McAtee Managing Partner Richmond, VA 321 West Franklin Street Richmond, VA 23220 (804) 649-0404 David E. Nagle Resident Manager & Partner Sacramento, CA 801 K Street, Suite 2300 Sacramento, CA 95814 (916) 341-0404 David S. Bradshaw Managing Partner San Diego, CA 655 West Broadway, Suite 900 San Diego, CA 92101 (619) 573-4900 Paul F. Sorrentino Resident Partner San Francisco, CA 199 Fremont Street, 10th Floor San Francisco, CA 94105 (415) 394-9400 Robert M. Pattison - Managing Partner Seattle, WA One Union Square 600 University Street, Suite 2900 Seattle, WA 98101 (206) 405-0404 Wayne W. Hansen Managing Partner Stamford, CT 177 Broad Street P.O. Box 251 Stamford, CT 06901 (203) 961-0404 Michael J. Soltis Managing Partner Washington DC Region 10701 Parkridge Boulevard, Suite 300 Reston, VA 20191 (703) 483-8300 John M. Remy Managing Partner White Plains, NY One North Broadway, 15th Floor White Plains, NY 10601 (914) 328-0404 Joseph A. Saccomano, Jr. Managing Partner www.jacksonlewis.com 5
JACKSON LEWIS LLP: STRATEGICALLY LOCATED THROUGHOUT THE NATION TO SERVE EMPLOYERS NEEDS jackson lewis Preventive Strategies and Positive Solutions for the Workplacesm LABORWATCH (ISSN 1084-2160) is published monthly. To order, write: Laborwatch Circulation Dept., 10050 Regency Circle, Suite 400, Omaha, NE 68114 call: (800) 729-1441 or (402) 391-1991 fax: (402) 391-7363 email: parkerv@jacksonlewis.com visit our website: www.jacksonlewis.com 6 2009 Berens & Tate, PC, LLO, 10050 Regency Circle, Suite 400, Omaha, NE 68114 (402) 391-1991. Publisher: Kelvin C. Berens LABORWATCH is designed to provide general information regarding recent developments in labor and employment law as well as human resources issues. It is not intended to substitute for legal advice based on specific facts in any individual case. For further information regarding any matters discussed in this publication, or on any labor or workplace issues, please feel free to contact any of the attorneys at the address above or visit the website for our email addresses at www.jacksonlewis.com. Alabama Arizona California Colorado Connecticut Florida Georgia Illinois Offices of the Firm in these states Louisiana Massachusetts Michigan Minnesota Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina Ohio Oregon Pennsylvania Rhode Island South Carolina Tennessee Texas Washington Virginia/Washington DC Region West Virginia (Non-resident office) All we do is work. Workplace law. In four time zones and forty-one major locations from coast to coast. With over 550 attorneys, Jackson Lewis LLP sets the national standard, counseling employers in every aspect of employment, labor, benefits and immigration law and related litigation. www.jacksonlewis.com jackson lewis Preventive Strategies and Positive Solutions for the Workplacesm