ALF Honorees





 
           
 
WHAT'S NEW

Carol Casazza Herman Elected to Board

Carol Casazza Herman, Assistant General Counsel and head of the environmental law practice group at Pfizer Inc, has been elected to Atlantic Legal's Board of Directors. Since joining Pfizer in 1989, Carol has counseled the company on environmental safety and health issues arising under local, federal and international law in the context of business transactions, compliance, policy advocacy, and program development.

She holds a B.A. in biology from Rutgers and received her J.D. from Hofstra University School of Law, where she founded the Hofstra Environmental Law Society and edited its publication, the Environmental Law Digest.

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Atlantic Legal Announces Charter School Advocacy Program

Atlantic Legal Foundation invites you to join us as we launch our Charter School Advocacy Program on Monday, November 7, 2005. Panels discussing "Solutions to Personnel Challenges for Charter School Leaders" and the presentation of Leveling the Playing Field:What New York Charter School Leaders Need to Know About Union Organizing will be followed by a luncheon honoring Dr. Roderick Raynor Paige, U.S. Secretary of Education, 2001-2005, with the inaugural Freedom Award for Leadership in School Choice.

The day will include continental breakfast at 8:00 am, panel sessions at 9:00 am, and luncheon and remarks by Dr. Paige at 12:00 pm. The Harvard Club of New York City is located at 35 West 44th Street.

The $75 registration fee will be waived for charter school staff members and administrators.

To register, email Bethany.Nichols@atlanticlegal.org or contact us at:

Atlantic Legal Foundation
60 East 42nd Street, Suite 2101
New York, NY 10165
(212) 867.3322 phone
(212) 867.1022 fax

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Atlantic Legal Supports Military Recruiters

In mid-July Atlantic Legal filed an amicus brief in the Supreme Court of the United States in Rumsfeld v. FAIR.

The case involves a challenge to the constitutionality of the Solomon Amendment, which provides that certain federal funds may not be granted to colleges and universities that do not give military recruiters the same access to on-campus recruiting as the school provides to other outside employers.

A group of law school faculty members, styling themselves the Forum for Academic and Institutional Rights, challenged the constitutionality of the Solomon Amendment on First Amendment grounds.   After losing in the District Court, they prevailed before a divided panel of the Third Circuit, and the Supreme Court granted certiorari .

Co-counseling with Greenberg Traurig, our brief urges that the constitutionality of the Solomon Amendment be upheld.   We argued that on-campus recruiting is essential to our national defense, that on-campus recruiting is necessary to maintain an all-volunteer military, especially to recruit highly qualified specialists in many fields, including law and medicine, and that Congress, not the Judiciary, has the Constitutional responsibility for "raising a military" and has explicitly made the considered judgment that on-campus recruiting is vital to achieving that goal.

We were privileged to represent 29 top-ranking former senior U.S. military officers and civilian Department of Defense officials.   They include, among others, former Secretaries of Defense James Schlesinger and William Perry and former Chairmen of the Joint Chiefs of Staff Generals Hugh Shelton and John Shalikashvili.   A complete list of our clients follows:

Admiral Charles S. Abbot, retired 4-star, Deputy Commander, European Command (1998-2000), and Commander, U.S. 6 th Fleet (1996-98).

Lieutenant General Daniel W. Christman, retire 3-star, Superintendent of the U.S. Military Academy at West Point (1996-2001).

General Wesley K. Clark, retired 4-star, Supreme Allied Commander, Europe (1997-2000), and Commander in Chief, U.S. Southern Command (1996-97).

Admiral Archie Clemins, retired 4-star, Commander in Chief, U.S. Pacific Fleet (1996-99).

Lieutenant General Lawrence P. Farrell, retired 3-star, Deputy Chief of Staff, Plans and Programs U.S. Air Force (1997-98), and Vice Commander Air Force Material Command (1995-97).

General Ronald R. Fogelman, retired 4-star, Air Force Chief of Staff (1994-97) with overall responsibility for organizing, training and leading the 750,000 active duty, Guard, Reserve and civilian members, and Commander in Chief of U.S. Transcom (1992-94).

General Ronald H. Griffith, retired 4-star, Army Vice Chief of Staff (1995-97), Army Inspector General (1991-95), and Commanding General, 1 st Armored Division (1989-91).

General William W. Hartzog, retired 4-star, Commanding General Army Training and Doctrine Command (1994-98), Deputy Commanding General, Atlantic Command (1993-94), and Commanding General, 1 st Infantry Division (1991-93).

General Joseph P. Hoar, retired Marine 4-star, Commander in Chief, U.S. Central Command (1991-94).

Admiral Gregory Johnson, retired 4-star, Commander, Naval Forces Europe and Commander, Allied Forces Southern Europe (2001-2004), Commander U.S. Sixth Fleet, and Commander Allied Striking and Support Forces Southern Europe (2000-2001).

General P. X. Kelley, retired 4-star, 28th Commandant of the U.S. Marine Corps (1983-87), with overall responsibility for organizing, training and leading the Corps.

General Paul J. Kern, retired 4-star, Commanding General, Army Material Command (2001-04), Senior Advisor for Army Research, Development, and Acquisition (1997-2001), and Commander, 4 th Infantry Division (1996-97).

General Carl E. Mundy, Jr., retired 4-star, 30th Commandant of the U.S. Marine Corps (1991-95),with overall responsibility for organizing, training and leading the Corps, and Marine Corps Director of Personnel Procurement.

Lieutenant General Tad J. Oelstrom, retired 3-star,   Superintendent, U.S. Air Force Academy (1997-2000), and currently Director, National Security Program, Kennedy School of Government, Harvard University.

General Glenn K. Otis, retired 4-star, Commander in Chief, U.S. Army Europe, and concurrently Commander of NATO = s Central Army Group (1983-88), and commander U. S. Army Training and Doctrine Command (1981-83).

General J. H. Binford Peay III, retired 4-star, Commander in Chief, U.S. Central Command (1994-97), Army Vice Chief of Staff (1993-94), and Commanding General, 101 st Airborne Division   (1989-91).

Honorable William J. Perry, 19 th Secretary of Defense (1994-97), Deputy Secretary of Defense (1993-94) and Under Secretary of Defense for Research and Engineering (1977-81), and currently a Professor of Engineering at Stanford University.

Admiral Joseph W. Prueher, retired 4-star, Commander in Chief, U.S. Pacific Command (1996-99), Commandant of Midshipmen, U.S. Naval Academy, and U.S. Ambassador to China (1999-2001).

Honorable Joe R. Reeder, 14 th Under Secretary of the Army (1993-97), had oversight responsibility for admission criteria for the U. S. Military Academy and the ROTC programs at our nation = s universities.

General Robert W. RisCassi, retired 4-star, Commander in Chief, United Nations Command and Combined Forces Command Republic of Korea (1990-93), Army Vice Chief of Staff (1988-90), and Commanding General, 9 th Infantry Division (1983-85).

Honorable James R. Schlesinger, 12 th Secretary of Defense (1973-74), Secretary of Energy (1977-79), Director, Central Intelligence Agency (1973). Dr. Schlesinger is a former member, Board of Overseers, Harvard College.

General John M.D. Shalikashvili, retired 4-star, 13 th Chairman of the Joint Chiefs of Staff (1993-97), and Supreme Allied Commander, Europe (1992-92).

General Hugh Shelton, retired 4-star, 14 th Chairman of Joint Chiefs of Staff (1997-2001), and Commander in Chief, U.S. Special Operations Command (1996-97).

General Eric K. Shinseki, retired 4-star, Army Chief of Staff (1999-2003), responsible for organizing, training, and leading over one million active duty, Guard, Reserve, and civilian members worldwide.

Lieutenant General Theodore G. Stroup, Jr., retired 3-star, Deputy Chief of Staff for Personnel, U.S. Army (1994-96).

General Gordon R. Sullivan, retired 4-star, Army Chief of Staff (1991-95), responsible for organizing, training and leading over one million active duty, Guard, Reserve, and civilian members worldwide.

General John H. Tilelli, retired 4-star, Commander in Chief, United Nations Command and Combined Forces Command Republic of Korea (1996-99), Commanding General, U.S. Army Forces Command (1995-96), Army Vice Chief of Staff (1994-95), and Commanding General, 1 st Cavalry Division during the Gulf War.

Lieutenant General Frederick E. Vollrath, retired 3-star,   Deputy Chief of Staff for Personnel, U.S. Army (1996-98), currently vice president for human resources of a Fortune 150 corporation.

General Anthony Zinni, retired Marine 4-star, Commander in Chief, U.S. Central Command (1997-2001), and U.S. Special Peace Envoy to the Middle East (2002).

To view Atlantic Legal's brief, click here.

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Breen to Receive Annual Award

Atlantic Legal Foundation presented its Annual Award for 2005 to Edward D. Breen, Chairman and Chief Executive Officer of Tyco International Ltd., at a sold-out dinner held at the Harvard Club of New York City on October 11. Among the many plaudits Mr. Breen has received for leading Tyco's dramatic turnaround since joining the company in mid-2002, Business Week named him one of its "best managers" for 2004, citing his ability to combine "...no-nonsense leadership with strict financial controls..." and his focus on making "...Tyco a model of corporate governance".

Click here to view our annual award webpage.

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Annual Report for 2004

Click here to view Atlantic Legal's many accomplishments during 2004, as reflected in our Annual Report. (PDF)

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"Structure of New York Court System Cannot Be Defended"; Atlantic Legal's New Report Bolsters Chief Judge's Proposed Reform

"The current structure of the New York Court system cannot be defended.   It is inefficient, costly to litigants and generally not conducive to the swift and sure administration of justice.   It fails to take full advantage of the capabilities of the judiciary and makes needless and costly demands on attorney's and their client's time."   These assessments are made in a 15-page report just released by Atlantic Legal.  

For more than a quarter of a century, New York's most senior jurists have criticized the state's inefficient and wasteful trial court structure.   To address the problem, Chief Judge Judith Kaye proposed a plan for reorganization to bring the Surrogate's Court and other trial courts of limited jurisdiction into a two-tier system.

"Action on Chief Judge Kaye's proposal is long overdue.   An efficient court structure is essential and New York now has a confused, slow and Byzantine system," said Briscoe R. Smith, Atlantic Legal's Senior Vice President and Counsel.   "To paraphrase Chief Judge Kaye: New York has an organizational flow chart no business executive would be caught dead with."

Chief Judge Kaye's proposal, first made in 1997, suggests the consolidation of New York State's trial court system into a simple structure consisting of only two trial courts: Supreme Court and District Court.   Under this proposal, the Court of Claims, County Court, Family Court and Surrogate's Court would be consolidated into the present Supreme Court, thereby creating a new Supreme Court that would continue as the trial court of general unlimited jurisdiction.   Within the Supreme Court there would be specific divisions for family, commercial, public claims, probate and criminal matters, plus any other divisions the Chief Administrative Judge determines to establish.

The proposed restructuring promises a streamlined, productive mechanism for the resolution of the diverse claims courts are meant to handle.   The current court structure is spelled out in the State Constitution: any restructuring amendment would have to pass two successive legislatures before the issue can be put to a public referendum.   So far, it has not been a priority of Governor Pataki or legislative leaders.   "Unfortunately, the business community has yet to focus its considerable resources on securing passage of these reforms," said Smith.

The proposal has won the endorsements of groups from across the political and ideological spectrum including the American Jewish Congress; Association of Judges of Hispanic Heritage; Business Council of New York State; Children's Aid Society; Guild of Catholic Lawyers; People for the American Way; and the Women's Bar Association of the State of New York.   In fact, the only opposition to the proposal, of which Atlantic Legal is aware, comes from two associations of Supreme Court justices.  

To view Atlantic Legal's report, click here. To view the appendix, click here.

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An Atlantic Legal Conference-"The Attorney-Client Privilege: Erosion, Ethics, Problems and Solutions"

In March, Atlantic Legal assembled an outstanding group of well-known experts to examine an issue of immense concern to the legal profession and business community: "The Attorney-Client Privilege: Erosion, Ethics, Problems and Solutions."   Our panelists constituted a remarkable assemblage, including Professor Geoffrey Hazard of the University of Pennsylvania Law School, the noted ethics expert, current and former senior Justice Department officials and Richard F. "Dickie" Scruggs, the famed plaintiffs' attorney.

The conference was held on Thursday, March 10, 2005 at the Mandarin Oriental, Washington, D.C., and was preceded by a dinner at the hotel for conference participants on Wednesday evening, March 9.   Senator Arlen Specter (R-PA), Chairman of the Senate Judiciary Committee, was the Wednesday dinner speaker.   Former Solicitor General Theodore Olson was our luncheon speaker on Thursday, March 10.

Of the conference, one attendee raved: "This is unquestionably the best and most helpful seminar I have attended in my 40 years at the bar...You have done a true service to the legal community."

Conference panelist, George J. Terwilliger, III, Partner at White & Case and former Deputy Attorney General of the United States, called the conference, "...extremely worthwhile..."; for the full text of his comments, click here.  

Click here for a complete description of conference topics and panels.  

Conference materials are available for purchase from Atlantic Legal for $195; please contact Jennifer Whitley at (212) 867-3322 or by email at Jennifer.Whitley@atlanticlegal.org.

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Frank Menaker and Tom Sager Join Board; Lance Wilson Appointed to Council

Frank H. Menaker, Jr., Senior Vice President and General Counsel of Lockheed Martin Corporation, and Thomas L. Sager, Vice President and Assistant General Counsel of the DuPont Company, have been elected to Atlantic Legal's Board of Directors.   Lance H. Wilson, Senior Vice President for American Property Financing, Inc., has been appointed to Atlantic Legal's Advisory Council.

Mr. Menaker, a graduate of Wilkes University and the Washington College of Law at American University, joined Martin Marietta Corporation in 1970 as an Assistant General Counsel for aerospace operations.   He was appointed General Counsel of Martin Marietta in 1981 and, after the 1995 combination of Martin Marietta and Lockheed Corporation in a merger of equals, was elected Senior Vice President and General Counsel in 1996.

Mr. Menaker is a past Chair of the ABA Public Contract Law Section, a member of   Board of Directors of the National Chamber Litigation Center and a member the Steering Committee for Human Rights First.

Tom Sager serves as Chief Litigation Counsel for DuPont and helped pioneer DuPont's Convergence and Law Firm Partnering Program.   Through his leadership, this program has become a benchmark in the industry and has received national acclaim for its innovative approach to the business of practicing law.   Mr. Sager received his J.D. from Wake Forest University School of Law in 1976 and began his career with DuPont in August of that year.

Mr. Sager serves as a board member for the CPR Institute for Dispute Resolution, Delaware Law Related Education Center and the Minority Corporate Counsel Association.   In addition, he is a member of the Board of Overseers, Widener University School of Law, and the Law Board of Visitors, Wake Forest University School of Law.

The Minority Corporate Counsel Association awarded Mr. Sager its first "The Thomas L. Sager Award" in recognition of his individual efforts and achievement to promote diversity in the legal profession.   Mr. Sager is also the recipient of the American Bar Association's "2001 Spirit of Excellence Award."

Lance H. Wilson is Senior Vice President of American Property Financing in New York City, a firm specializing in multifamily housing developments using the Fannie Mae, Freddie Mac and FHA programs.

A graduate of Hunter College and the University of Pennsylvania Law School, Mr. Wilson has served as Executive Assistant to the U.S. Secretary of Housing and Urban Development, and as President of the New York City Housing Development Corporation.

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Atlantic Legal Has Moved

The Atlantic Legal Foundation has moved to larger quarters at 60 East 42nd Street, Suite 2102, New York, NY 10165.   Our new telephone number is (212) 867-3322 and our new fax number is (212) 867-1022.   Our email address remains unchanged.
60 East 42nd Street is also known as The Lincoln Building.   It was built in 1929 and is located in the heart of midtown, directly across from Grand Central Terminal.   Its lobby is graced with an original bronze made by Daniel Chester French from the model of his "Seated Lincoln" used for the creation of the Lincoln Memorial in Washington, DC.

We are delighted to be in our new space and encourage our friends and supporters to pay us a visit.

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Atlantic Legal Files Brief in Important Corporate Governance Case

In Pereira v. Cogan , arising out of the bankruptcy of Trace Holdings, Inc., Atlantic Legal filed an amicus curiae brief in the U.S. Court of Appeals for the Second Circuit that focuses on the responsibility of corporate lawyers.   The trial court found the chief legal officer of a closely held Delaware corporation personally liable for more than $20 million due to his failure to direct the activities of the board of directors.   Atlantic Legal represented the prestigious Corporate Law Departments Section of the Los Angeles County Bar Association (which is comprised of more than 600 corporate lawyers) and twelve current or retired general counsel of major United States corporations.  

Although the transactions underlying the findings of liability in the case were questionable, the duty imposed by the district court judge on a corporation's chief legal officer, according to the amici , "fashioned an intolerable, unnecessary and unworkable responsibility for corporate chief legal officers."   Atlantic Legal argued that the legal officer was entitled to the protection of the business judgment rule and that the trial court had reversed the traditional roles of the board and legal counsel.   This appeal is of broad national interest and Atlantic Legal's amicus brief may help to define more precisely the obligations of those lawyers who counsel senior management.

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Atlantic Legal Expands Commitment to Sound Science

The Atlantic Legal Foundation has a long and distinguished history of advocating sound science in the courtroom (see Science and the Law - Expert Testimony Scrutinized, below). In that spirit, Atlantic Legal has partnered with www.soundscience.net to establish a website to identify and explore in detail, with frequent updating, sound science issues, including our mold/sound science project, that merit Atlantic Legal's advocacy... and your interest and support. Visit it today.

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... the Company You Keep

It is said that one is known by the company one keeps. We at Atlantic Legal like to think that is true.

Three distinguished public servants thoughtfully presented the Atlantic Legal Foundation with proclamations, praising the Foundation's work and dedication, at Atlantic Legal's 25th Anniversary Celebration in June, 2001 . The three:
Mayor Rudolph Giuliani of New York City, Governor Tom Ridge of Pennsylvania and Senator Arlen Specter of Pennsylvania.

In 2002, 2003, 2004 and 2005 Mayor Bloomberg favored Atlantic Legal with proclamations honoring it, and our Annual Award honorees, Pfizer's Hank McKinnell (2002), AIG's Maurice Greenberg (2003), Senator George Mitchell (2004) and Tyco's Edward D. Breen (2005).


Just as it is a mark of great pride for Atlantic Legal to have been so honored, Atlantic Legal has been especially privileged to have honored all of our Annual Award recipients, each an individual of extraordinary accomplishment.

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