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Volume 2, Issue 2, dated June 30, 2001 (pdf)

• We've moved!

• Race day in Manayunk

• Faster visa processing - at a price

• Pasta, pizza, and the procurator from Pesaro

• Wills & Grace - Legal Protection for Gay & Lesbian Partners

• The Community Patent - by hook or by crook

• Tidbits ...

We've Moved!

It’s official! The Erb Law Firm, PC, has moved to our new location at 5235 Ridge Avenue, Philadelphia, PA 19128-3711. The 1000+ square foot space is located in the heart of the Wissahickon business district at Ridge and Manayunk Avenues. Though our address has changed, all other contact information remains the same.

While we are up and running, there is still some work to be done. Please pardon our dust as we continue to make improvements.

We’re also expanding! As of June, we have a new law clerk, Lorenzo Bacciardi, who recently graduated from the LL.M. program at Temple University’s Beasley School of Law. Lorenzo hails from Italy and will be a great asset to our international practice. Check out his article on page 2 of this newsletter.

Besides adding much-needed space, our new office will allow us to initiate some exciting programs in the near future. Plans include a low income tax & estate planning clinic for seniors and a regular seminar series held at the office for individuals and corporations. Check further mailings, local newspapers, and our web site for updated information.

Race day in Manayunk

It was a great day for an open house - and even better day for a bike race. The US Pro Championship got off to an excellent start on Sunday, June 10, with plenty of sunshine and crowds to cheer on the 159 cyclists who started the race.

For the first time in its 17 year history, the race turned out all US winners. First place went to 27 year old Fred Rodriguez (Team Domo Farm Frites), who finished the 156 mile race in 5 hours, 57 minutes and 56 seconds for an average speed of 26.15 m.p.h. Just behind him were fellow Americans Trent Klasna (Team Saturn) and George Hincapie (Team U.S. Postal Service). Last year’s winner, Henk Vogels (Team Mercury), finished in 9th place. Only 90 cyclists actually finished the race.

The race was one of the most exciting in recent memory with a mere 20 seconds separating the leaders from the pack during the last lap. The turning point of the race was the final trek up the Manayunk Wall with its grueling 17% incline. There, crowds responded by cheering wildly as some cyclists put on the pressure, resulting in several lead changes over just a few yards. After the race, Rodriguez said, “Going up the Wall the last couple of times, you, you couldn’t hear yourself, it was so loud. I would compare this with coming into the Champs Elysees.”

Meanwhile, at the new office, while the racers were bearing the brunt of the 90 degree day, we were monitoring the race on TV in our air-conditioned space. After the racers climbed the Wall, we knew it was time to check out the action on the street. Police motorcycles and helicopters overhead also signaled that it was time to go out and cheer on the bikers as they came down Manayunk Avenue following the charge up the Wall. At our location, desribed by the Philadelphia Inquirer as one of the “best places to watch” the race, analysts estimated that racers were travelling at speeds up to 50 m.p.h. as they turned the corner onto the Ridge.

Due to some technical difficulties, we were unable to post live coverage of the race from the office on our web site, but we hope to do so next year. You can, however, check out the site at www.erblaw.com to view digital pictures of the race taken by local resident (and friend) Tom Alexander.

Next year, Chris promises an even bigger and better event on race day at the Erb Law Firm, P.C. Stay tuned!

See exciting race day coverage.

Faster visa processing - at a price

As you have seen before in this newsletter, many employers recruit talent from abroad, whether to fill positions which can’t be filled with US workers or to facilitate the transfer of knowledge, products, and services between affiliated companies. Processing for these employment-based nonimmigrant petitions can take between one and three months or longer, often leaving positions vacant in the interim.

For employers who are really in a hurry, the INS has introduced expedited processing for certain visas, including E, L, O, P, and Q visas. The program won’t be available for the popular TN and H-1B visas until July 30. Premium processing is available for the H-2B and H-3 visas, but is temporarily unavailable for the H-2A visa.

According to the INS, they will guarantee completion of the application in no more than 15 days or the premium fee will be refunded and the petition will remain in expedited processing. Premium processing costs $1000 per petition, in addition to the usual filing fees. Of course, an additional form is required as well.

For more information on this topic contact J. Christopher Erb at jcerb@erblaw.com or check out the INS website, with legal and filing information on premium processing.

Pasta, Pizza, and the Procurator from Pesaro

My name is Lorenzo Bacciardi and I am an Italian attorney. I decided to come to the United States, a number of years after our spaghetti and pizza had already become famous and popular all over the 50 States, in order to improve and strengthen my knowledge on corporate and tax law. My professional education started with a bachelor`s degree in electronics and telecomunication from the Istituto Tecnico E. Mattei in Urbino, Italy. I then received my JD from the Urbino University School of Law in Urbino, Italy and, while in law school, I interned at Darbys Solicitors in Oxford, England. I also worked as general secretary for the European Law Students Association. I finally received my LL.M degree, in international legal studies, from Temple University School of Law in Philadelphia, PA.

After I received my JD from the Urbino University School of Law, I practiced law at Bacciardi & Partners, my family's law firm. My practice mainly focused on corporate, commercial contracts and tax law with a particular emphasis on issues related to foreign investments made by Italian corporations through foreign subsidiaries and joint ventures. Since many of the investments took place in Eastern Europe, I had a great opportunity to gain first hand experience on the laws of Ukraine, Russia, Rumania, Bulgaria as well as China and some of the Mediterranean countries such as Egypt, Iran and Libya.

My internship at the Erb Law Firm will give me an opportunity to gain an understanding of US business, corporate, contract, and tax law as well as an opportunity to establish a long term relationship in order to develop business between the US and Italy.

I am fluent in English and Italian, and familiar with Spanish. I am a member of Eurojuris International which is the largest European network of law firms, covering more than 650 cities in 19 countries. I am also a member of the International Law Society, the American Bar Association student division, and the European Law Students Association.

Please welcome Lorenzo to The Erb Law Firm, PC by sending him an e-mail at lbacciardi@erblaw.com. Additional information on Lorenzo and links to Bacciardi & Partners can be found on our website. t

Wills & Grace - Legal Protections for Gay & Lesbian Partners

Think of the person that you love most in the world. The person that knows you best. The person that you trust to make decisions for and with you.

Maybe you have purchased a house together. Maybe you have raised children together. Maybe you have built a business together.

Now imagine that you aren’t around. Maybe you are simply out of the country on an extended trip. Maybe you have a medical emergency and are temporary or permanently incapacitated. Maybe you are deceased.

Now imagine that the law doesn’t allow that person that you were just thinking about earlier - the person that you love most - to have a say in your affairs. That person cannot make decisions about your health care or your finances. That person cannot dispose of your body or your assets. In fact, that person has no legal right to even be heard. In the legal world, that person has the same rights as a total stranger

Seem farfetched? You’d be surprised. The scenarios described above are very much a reality for today’s gay and lesbian couples.

The law is clear that, without proper planning, gay and lesbian partners may not be able to:

• inherit from a deceased partner without a will

• make property and financial decisions for a partner if he or she is not able to do so

• receive personal property and effects recovered by hospital, police or other agency at illness, disability or death

• provide for support (or be provided for) during and after a relationship

• be identified as the appropriate guardian for children in the event of incapacity or death

• designate ownership of jointly-acquired property

• visit a partner in the hospital, especially in ICU or other restricted areas

• authorize admittance or release of a partner to or from a hospital or other institution

The list goes on and on.

But it is also clear that with proper planning, many of these issues can be resolved before they become problems. There are several legal documents that can give life partners the authority to make decisions regarding health care, finances and disposition of assets. These designations are currently not allowed under the law without these documents. Examples of documents that you may want to have on hand include:

• Medical Power of Attorney - confers the right to make health care decisions on your behalf

• Financial Power of Attorney - confers the right to make financial decisions on your behalf

• Living Will - states your wishes regarding extraordinary measures to prolong life

• Revocable Trust (sometimes called an Inter vivos trust or Living Trust) - avoids probate, establishes terms for the disposition of assets during disability or at death and often protects beneficiaries from court challenges

• Will - provides for disposition of assets at death

• Relationship Agreement (sometimes called a Family Agreement or a Cohabitation Agreement) - provides the framework for your relationship, much like a prenuptial agreement

• Parenting Agreement (or a Designation of Guardianship) - establishes your respective rights with regard to your children in the case of death, disability or dissolution of your relationship.

Other issues such as titling of assets, burial and dispositive instructions, beneficiary designations for retirement accounts and life insurance can also be prearranged in order to avoid potential future complications.

It is often difficult to consider these factors in advance and make decisions about issues that you hoped not to address. But not talking about it won’t make the issues go away. It is perhaps more important to address these issues for gay and lesbian couples than any other section of the population. These documents and planning considerations afford life partners protections under the law that would otherwise be denied.

It is critical to ensure that your wishes are made known and are documented; it is not enough to simply discuss your wishes with your partner. Documenting your wishes decreases the likelihoods of complications and future disputes. And talking now about problem issues such as potential guardianship arrangements or inter-family conflicts can make future transitions much easier. It is also important that you remain aware of changes in the law that may afford you more benefits than in the past; the law with respect to gay and lesbian rights is constantly evolving. For example, some cities, including Philadelphia, are taking steps to extend benefits to life partners that were once prohibited by law. The City of Philadelphia now has a Domestic Partnership Registration Packet, which allows gay and lesbian life partners, but not other unmarried couples, to register as life partners with the City. The tangible benefits are largely geared towards city employees, allowing those employees many of the same perks as married couples. However, registration for non-city employees still results in a valuable benefit: exemption from Philadelphia realty transfer tax for transfers between life partners. It is important to note that registration as life partners in the City is not recognized for state and federal tax purposes.

It is true that gay and lesbian couples do not enjoy the same legal protections as married couples. However, it is also true that there are ways that you can formalize your relationship by legally documenting your wishes and intentions. By taking steps now to protect your relationship, you ensure that you can concentrate on the aspects of relationships that we all care about - such as who gets the remote control!

For more information on this topic contact Kelly Phillips Erb at taxgirl@erblaw.com.

The Community Patent - by hook or by crook

On May 15, 2001, The Erb Law Firm, PC sponsored a German American Chamber of Commerce breakfast seminar. The presentation, by Mr. Robert Schnekenbuehl of DTS München, a German law firm, was on the moves towards a common patent throughout Europe. Currently, applications for patents can be filed with the European Patent Office in Munich, Germany, but each individual European country examines these patent applications using its own criteria, with the resultant expense and delay. The community patent would allow not only for a single application, but also for examination and approval by a central patent office for all of Europe.

The community patent is not a new idea, dating back to the 1960s. It has progressed in fits and starts since then, but has failed to survive the bureaucratic process. Patents, and the monopoly which is thereby granted, are sensitive stuff, and many countries are loath to cede control over this to a central body. Southern European countries in particular have been wary of the community patent.

Nonetheless, progress has been made, and, in large part, patent laws throughout Europe have been harmonized. Indeed, internationally, patent law has undergone a period of gradual harmonization starting with the Paris Convention in 1883. Attempts continue, on a European and a global level, to further harmonize patent regulations.

As Mr. Schnekenbuehl pointed out in his presentation, patent lawyers have been pushing a new solution to the dilemma of the community patent. Rather than attempt to enact a wholly new community patent, they have taken measures to modify the 1975 agreement which enabled the single European patent application in the first place. By changing the convention to allow prosecution of a single European patent within the existing European Patent Office, the EC would effectively create a single European patent. Litigation of those patents would remain in the individual countries A modification of the Convention would not be required to pass in each of the member countries, unlike the former proposals.

As of this writing, this proposal too had stalled. Nonetheless, there is hope for those who need patent in coverage in Europe for the reduced costs and the faster processing a truly European patent would provide. We thank Mr. Schnekenbuehl for an interesting and lively event, and we'll keep you informed as to further developments.

For more information on this topic or DTS and Mr. Schnekenbuehl contact J. Christopher Erb at jcerb@erblaw.com.

Tidbits…

There are still H-1B visas to go around, with approximately 117,000 H-1B approvals out of 195,000 availablefor FY 2001 as of May 23, 2001. The INS estimates that 40,000 cases were pending as of that date.

Speaking of H-1B visas, Chris and co-author Jean Dorton of B. Braun Melsungen have the cover article on July's ACCA Docket, on the new H-1B legislation and its impact on in-house counsel.

Ok, the new office and a flood of work have forced Chris to put off his beer garden pilgrimage for a few months. The next Europe trip is scheduled for fall, date to be determined.

Don't forget to send in your lawyer jokes, trivia, and other law-related stuff for the Aliunde section of our website. Also, check out our new home page, now with news!

In a recent case a Federal court ruled that an employer's failure to provide insurance coverage for contraceptives could be considered sex discrimination. Obviously, this could effect small businesses as well, so we will keep you posted.

The Erb Law Firm, PC congratulates the Philadelphia 76ers on a heck of a season (and post-season). Now we're watching our first-place Phillies. Go team!