Media Items

Alton Firefighters Settlement May Have Statewide Implications


Edwardsville, IL – Judge Dan Stack today signed an order approving the settlement agreement reached by the City of Alton and its firefighters. The order enforces the settlement reached by Alton and the trustees for its firefighters, which requires the city to follow guidelines set forth by state law. This court-ordered settlement agreement sets a precedent that sends a message to other municipalities concerning their public safety employees. That message is to pay now or pay more later when it comes to pension funding. The order enforces the settlement reached by Alton and its firefighters that requires the city to follow guidelines set forth by state law. A losing court battle may be the alternative.

Alton Firefighters Pension Fund and its trustees reached the agreement with the city last month after withdrawing a motion to dismiss the suit. The city eventually agreed to most issues in dispute between the parties.

Illinois law requires that annual contributions to a municipal pension fund be based on the recommendations of an impartial actuary from the Illinois Department of Financial and Professional Regulations of the state’s Department of Insurance, or an independent actuary chosen by the City and/or the Pension Trustees.

At the time of the settlement, Dan Tobben, attorney for the firefighters called the victory “significant for the municipal employees in the entire state of Illinois.”

The court order may represent the beginning of the end of discretionary funding for municipalities employees’ pension plans. It eliminates the city’s ability to determine its contribution to those pensions based on city budget constraints and requires the city to base its contributions on the state’s Pension Code, according to Tobben. “This removes an illusory sense of discretion that some cities thought they had.”

Several municipalities in the Metro East region of the St. Louis Metropolitan area could be considered troubled in that they are less than 60 percent funded by their respective city government. Anything below 80 percent is unacceptable and requires action, however a plan under 60 percent funding is truly in trouble and requires immediate and drastic action, according to Tobben.

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, government-related entities, and individuals throughout the Midwest. The firm is on the Web at www.dannamckitrick.com.

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Media Contacts:
Jim Grandone, Public Relations
618.692.1892

Dan Tobben, Principal
314.726.1000

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Danna McKitrick Joins International Association MSI Global Alliance


MSI SELECTS ST LOUIS LAW FIRM AS ONE OF THEIR 60 US MEMBERS

Clayton, MO – In a strategic move to increase their offerings to clients, Danna McKitrick joins MSI Global Alliance (MSI) as its Missouri law firm member. By joining MSI, the firm gains access to a global association of over 250 carefully selected, independent law and accounting firms in 100 countries throughout the Americas, Asia-Pacific, the Middle East, and Africa.

With more clients broadening their operations and requiring geographically specific legal knowledge, the firm’s membership in MSI provides support from a strong, pre-qualified team to assist clients when help is needed outside of the Midwestern region or in areas of the law not practiced by the firm.

“As a growing, local firm, it’s important for us to build and maintain strong working relationships with more professionals in other cities and internationally, as well,” says Ruth Binger, member of the firm’s executive committee. “In addition to the collaborative aspect, MSI provides operational insights and advancements to help us ensure we evolve continuously alongside our most sophisticated clients.”

The scope of Danna McKitrick’s practice includes legal counsel and representation that businesses, insurers, government-related entities, and individuals need on a daily or occasional basis. The firm’s transactional lawyers and litigators collaborate, combining their experiences and skills, in order to develop service offerings that are proactive and cost-effective. However, because the firm comprises 26 attorneys, it is impossible for the firm to practice in each of the hundreds of focus areas of the law.

“Because our lawyers are particularly effective at working collaboratively, we look at this membership as a healthy broadening of our ‘collaborator’ pool,” says Jim Baalmann, firm administrator. “With a like philosophy, MSI is the right fit for us. This is a very positive move for Danna McKitrick.”

About MSI: MSI Global Alliance was formed in 1990 in response to the growing need for cross-border cooperation between professional service firms. MSI has become a leading global multidisciplinary network of over 250 independent legal and accounting firms in 100 countries throughout the Americas, Asia-Pacific and Europe, Middle East and Africa. For more information, visit www.msiglobal.org.

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, government-related entities, and individuals throughout the Midwest. The firm is on the Web at www.dannamckitrick.com.

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Media Contacts:
Ruth Binger, Principal, or
Jim Baalmann, Administrator
314.726.1000

Michelle Golden, Marketing
314.416.1201

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Danna McKitrick Promotes Jennifer A. Doering to Associate


SLU SCHOOL OF LAW GRAD JOINS LITIGATION DEPARTMENT

Clayton, MO – Jennifer Doering is Danna McKitrick’s newest associate, focusing her practice in bankruptcy, as well as civil and commercial litigation. In bankruptcy matters, she serves as counsel for both creditor and debtors in all types of bankruptcies and out-of-court workouts.

“Jenn has proven herself as a reliable and insightful legal resource over the past year and a half, while clerking with us. We are pleased to have her join our practice full time,” says Tom DeWoskin, the firm’s lead bankruptcy attorney.

Recently, Doering was involved in defending the Employees’ Retirement System of St. Louis, as well as other pension funding cases.

Doering received her J.D. from the Saint Louis University School of Law, and her B.S. in criminal justice from Southeast Missouri State University. She began her career with Danna McKitrick in 2007 as a law clerk.

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, government-related entities, and individuals throughout the Midwest. The firm is on the Web at www.dannamckitrick.com.

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Media Contacts:
Michelle Golden, Marketing
314.416.1201

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Alton Firefighters Win Battle For Pension Funding


Alton, IL – The Alton Firefighters Pension Fund and its Trustees reached a settlement with the City of Alton in its case to get full funding of the firefighters’ pension plan. The settlement agreement, which will be entered by the Circuit Court as an Order and Judgment, requires the City of Alton and its City Council to comply with state law and properly fund the pension. The Pension Law in Illinois (40ILCS section 4-118) requires that annual contributions to a municipal pension fund be based on the recommendations of an impartial actuary from the Illinois Department of Financial and Professional Regulations of the state’s Department of Insurance, or an independent actuary chosen by the City and/or the Pension Trustees.

According to a report made to the Alton City Council last year by AFPF’s attorney, Daniel Tobben, “the City of Alton has underfunded contributions to the firefighters pension fund for many years, and certainly since 2000. The level of the contributions by the city and its firefighters is required by state law to be actuarially reviewed annually to determine the levels of contributions by the city in order to keep the pension fund solvent and meet the future obligations to retirees. The contribution is calculated by a state-employed actuary and also by an independent actuary.” Now Alton must levy taxes or set its budget in order to generate money to support the pension fund in accordance with state statute, Tobben stated.

“This is a significant victory, not only for Alton firefighters, but for the municipal employees in the entire state of Illinois,” Tobben said of the settlement. “Many municipalities heretofore have skirted the law by underfunding the pensions of their firefighters, police and other employees by contributing only what the City said it could afford, rather than the amount calculated by the actuaries, in accordance with applicable statutes. This order and judgment should alert cities that the days of discretionary pension funding are over.”

Tobben is a partner with the Clayton-Mo.-based law firm Danna McKtirick, P.C.

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, government-related entities, and individuals throughout the Midwest. The firm is on the Web at www.dannamckitrick.com.

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Media Contacts:
Jim Grandone, Public Relations
618.692.1892

Dan Tobben, Principal
314.726.1000

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Ruth A. Binger Receives ‘Lawyer’s Lawyer’ Award


ST. LOUIS DAILY RECORD HONORS WOMEN’S JUSTICE AWARD RECIPIENTS

Clayton, MO – Danna McKitrick principal Ruth A. Binger is one of three recipients of the Lawyer’s Lawyer Award in the St. Louis Daily Record’s 10th annual Women’s Justice Awards. The Lawyer’s Lawyer Award recognizes women in private practice who have demonstrated leadership, integrity, service, sacrifice, and accomplishment in improving the quality of justice or contributing to the betterment of the profession. Binger and award winners from all eight categories will be honored on April 10, 2008, at a gala reception at the Four Seasons Hotel St. Louis.

Binger, who practices corporate and intellectual property law, was nominated by fellow attorneys for her extraordinary contributions to the legal profession and the St Louis business community.

“Ruth exemplifies what it means to be a spectacular mom-citizen-lawyer. She stands out among other lawyers and business people because of her innovative approach to the practice of law,” says Michele Davis, a litigation associate at Danna McKitrick. “My colleagues and I consider Ruth to be an inspiration and an awesome role-model. She helps us find ways to balance our personal, professional, and community responsibilities—not an easy thing to do. A lot of law firms have mentoring programs, but Ruth lives it. She really gets it.”

Recently re-elected to the executive committee of the firm, Binger is an advocate and mentor for young associates adjusting to the pressures of the profession. She’s also a mentor in the Special Friends Extended Program for underprivileged elementary students, a member of the subcommittee of the Ladue Middle School Parent’s Association, and a participant in the “Battle of the Books” where sixth graders compete in reading.

The idea of ‘giving and creating’ inspired Binger to reactivate the CEO Roundtable Group 12 years ago (a program that was created originally as part of a RCGA initiative over 14 years ago). Meeting monthly with Binger acting as facilitator, a diverse group of 14 entrepreneurs share their experiences and lessons learned, their struggles, and their needs, in hopes of helping the others succeed.

Binger was recognized by the St. Louis Business Journal as a recipient of their “40 Under 40” award. She also received the Pacesetter Award from the St. Louis RCGA related to the CEO Roundtable she launched, and has served or is presently serving on various boards including the St. Louis RCGA, Civic Entrepreneurs Organization, and the Associated Industries of Missouri.

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, government-related entities, and individuals throughout the Midwest. The firm is on the Web at www.dannamckitrick.com.

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Media Contacts:
Michelle Golden, Marketing
314.416.1201

Ruth Binger, Principal
314.726.1000

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John F. Cooney Moves Law Practice to Danna McKitrick


PROMINENT DEFENSE ATTORNEY JOINS ST. LOUIS LAW FIRM

Clayton, MO – Local law firm Danna McKitrick P.C. announces John F. Cooney as their newest principal. Cooney concentrates his practice in the defense of civil law suits with emphasis in the transportation, retail, and hospitality sectors, defending individuals and companies through their insurers or directly.

During his 25-year career, Cooney has brought more than 75 jury trials to verdict and personally handled more than 25 appeals and dozens of mediations. He has successfully defended death and serious injury cases with damage amounts often exceeding six figures.

“John has established a strong reputation as a litigator,” says Michael McKitrick, who leads the firm’s litigation practice. “His trial experience is invaluable. He adds depth and wisdom to our firm’s practice and our associate mentoring programs. We are pleased to be attracting attorneys of John’s caliber to our firm.”

Recognized for his knowledge regarding Missouri tort reform, Cooney is both a local and national speaker on related topics. He is also an adjunct professor in trial advocacy at Saint Louis University School of Law.

“I enjoy sharing experience-based knowledge with young lawyers because I was trained by very good lawyers when I was young,” Cooney explains. “These gentlemen generously shared wisdom and skills which have been a constant source of strength. A sense of debt and gratitude drives my desire to ‘give back’ through teaching others skills and wisdom to help them have a successful career. I’d be honored to impact a young attorney half so much as my mentors impacted me.”

Cooney earned his J.D. from Saint Louis University School of Law, and his B.A. in history from University of Notre Dame.

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, government-related entities, and individuals throughout the Midwest. The firm is on the Web at www.dannamckitrick.com.

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Media Contacts:

Michelle Golden, Marketing
314.416.1201

Mike McKitrick, Principal &
John Cooney
, Principal
314.726.1000

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Tax Attorney Marcia Swihart Orgill Joins Danna McKitrick


ST. LOUIS LAW FIRM EXPANDS BUSINESS AND PERSONAL TAX PRACTICE

Clayton, MO – Local law firm Danna McKitrick announces Marcia Swihart Orgill has joined as an associate in the firm’s transactional department. Orgill’s practice focuses in the areas of estate, gift, and international tax issues for high net-worth individuals.

Orgill began her legal career at a Houston litigation firm. Subsequently relocating to Kuala Lumpur, Malaysia, and later Paris, she put her legal work on hold while she taught English and sat on the school board of the International School of Kuala Lumpur. Upon returning to St Louis, Orgill obtained her master’s degree in tax law and selected Danna McKitrick for her return to practice.

“We are delighted that Marcia chose to join our team,” says Ron Danna, who leads the firm’s transactional practice. “Her skills and passion for legal work are certainly a testament to her family’s extensive love of the application and practice of law. Marcia’s father instructed me at Washington University and I admired him greatly. Her mother, Maureen Swihart, and I practiced law together many years ago. Their daughter is no less committed to legal excellence. We and our clients are genuinely impressed with Marcia.”

Orgill earned her LL.M. in Taxation from Washington University School of Law, her J.D., with high honors, from Duke University Law School, and her B.A. in Government, magna cum laude, from Lawrence University.

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to  national), insurers, government-related entities, and individuals throughout the Midwest. The firm is on the Web at www.dannamckitrick.com.

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Media Contacts:
Michelle Golden, Marketing
314.416.1201

Ronald N. Danna, Principal
314.726.1000

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Joplin Police & Firefighters’ Pension Returns Impressive


Joplin, MO – The Joplin Police & Firemen’s Pension Board’s investments showed impressive gains for the year, according to a new report from their investment consulting firm. For the year 2007, the plan returned 8.9 percent with a slowdown in the last month due to overall economic conditions. The plan outperformed the S&P 500 index and showed significant gains in international stocks, according to the most recent report.

Last November, trustees received similar good news from another report that showed the investments placed in the top 6 percent for one year, and in the top 10 percent of investments over the past three years, according to Joplin Police & Fire Pension Fund Trustee Tom Robertson.

Robertson attributes the higher returns on the pension fund investments to investment education.“We attended numerous educational seminars and learned a lot about diversifying our investments to increase returns for our members’ investments. We even hired a new fund manager. It looks like the new strategy is working.”

For example, for all of 2007, the Joplin Fire & Police Pension Plan returned 8.9 percent driven by a 13 percent gain for international stocks, a 9.9 percent return on fixed income, and a 6.8 percent return on domestic stocks.

Robertson said he believes that the positive performance shows that the trustees have been good stewards of the fund.

“We were able to increase returns and maximize every dollar contributed into the fund either by our members or the city. It’s our fiduciary responsibility as trustees to watch over the fund and ensure that members see a good return with minimal risk to their future,” Robertson said. He noted that, as of December, the fund had a market value of $24 million.

Despite the positive news about returns on investments, Bob Davidson, a firefighter and pension trustee, said he is concerned about the amount of contributions to the pension fund that should be received from the City.

“The bottom line is that the responsible thing to do would be for the city to meet its obligations to the pension fund of employees who are in potential danger every day.”

He noted that in total dollars invested, the fund could have had better returns if the city had properly funded the pension at the level required by law.“Right now we’re waiting for the city’s recommendations on how they plan to comply with the law,” Davidson said. “It is time for the discussions to stop and for the city to agree to proper, actuarial funding.”

Joplin is now and since 2000 has been, less than 60 percent funded, according to actuarial reports. Prior to 2000, the plan was funded between 65 and 73 percent.

The amount of the city’s contribution, which is determined by an independent actuarial, is based upon the anticipated needs of the fund to pay for retirement and other benefits for its members and widows and children of workers killed on the job.

Charla Geller, a police representative on Joplin Police & Fire Pension the Fund, is less concerned about how the city funds the plan than whether the plan is funded at the actuarially recommended amount.

“If the City of Joplin commits to fund the plan in compliance with the law, at the actuarially recommended levels in the next couple of years and in guarantees it will follow the law in the future, I believe we as trustees are fulfilling our fiduciary responsibility to the plan and its participants,” she said.

“I’m not as concerned about how the city of Joplin plans to fund this plan as I am that the funding is there in the future for our police and firefighters and their dependents,” Geller said.

Underfunding public pension contributions in general has been the subject of a debate statewide. The State of Missouri recently passed a law directed at public pension plans like Joplin’s that are less than 60 percent funded and are considered “troubled.” Locally, the Fire & Police Pension Fund has been discussed at recent Joplin trustee meetings. Pension trustees hired attorney Dan Tobben, with the Clayton, Mo. law firm Danna McKitrick, to report on steps trustees should consider to address the city’s declining pension contributions.

In September 2007, Joplin’s mayor, Jon Tupper formed a committee to look into possible solutions to the underfunding of public pension funds by the city and make recommendations. That committee’s final report is being reviewed by city officials, trustees and by the police and firefighters.

“We are not asking for more of anything. We are in a precarious position with regard to pensions and I want to know how the city plans to pay what it owes the fund,” said Robertson.

Police and firefighters have a greater stake in their pension plans than other workers because they do not receive Social Security benefits when they retire, unless they’ve become vested through another job, according to Robertson.

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, government-related entities, and individuals throughout the Midwest. The firm is on the Web at www.dannamckitrick.com.

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Media Contacts:
Jim Grandone, Public Relations
618.692.1892

Dan Tobben, Principal
314.726.1000

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Ruth A. Binger Named To Danna McKitrick’s Executive Committee


ST. LOUIS LAW FIRM CONTINUES TO EMBRACE WOMEN IN LEADERSHIP

Clayton, MO – Ruth A. Binger is elected to the executive committee of law firm Danna McKitrick for a three-year term, effective January 2008. Binger reprises a role to which she was first elected in 1996. Her re-election to the executive committee reflects recognition of Binger as an influential leader within Danna McKitrick, particularly significant for other women in the firm as well as in the legal profession, in general.

As a female shareholder in her firm, Binger’s achievements are hardly commonplace. According to data collected by the National Association for Law Placement® in 2006, only about 18 percent of law firm partners in the U.S. were women. However, women accounted for 44 percent of professionals on the associate level—a more equitable split with the men. An unfortunate result of this disparity is the lack of female mentoring, role-modeling, and networking contacts available to ambitious professional women, creating a cyclical effect that inhibits the subsequent generation from progressing on the partner path.

Working the last 23 years in this male-dominated environment, Binger knows how essential mentoring networks are to younger professionals trying to strike an appropriate balance between work and home life. She reports that female associates tell her she represents a good example for women practicing law, as they tend to deal with certain issues in the workplace that don’t have the same impact on men.

“Female attorneys—actually most young attorneys, male or female—now truly value a sense of balance between their personal lives and career aspirations, and they’re conflicted about how to achieve this. Our lawyers say they’re encouraged to see a busy, working mom who is also an effective leader. What is usually viewed as an either/or choice, to me, really is more of an art of weaving the business and personal elements of our lives together,” says Binger.

Danna McKitrick has long supported women in leadership. Several of its female principals have served on the executive committee and it is an integral part of the firm’s culture. Although, in any law firm, Binger says, women will benefit from long-term career planning and working hard in their early years to gain the credibility and trust necessary to be granted flexibility when it is likely to be needed down the road. Binger, however, is confident that mid-sized law firms offer the most favorable conditions for women and those who seek success both in and out of the office.

Adept for years at this artful mingling of career, family, and community, Binger was recognized by the St. Louis Business Journal with their “40 Under 40” award. She also received the Pacesetter Award from the St. Louis RCGA and has served or is presently serving on various boards including the St. Louis RCGA, Civic Entrepreneurs Organization, and the Associated Industries of Missouri.

Focusing in the areas of corporate, intellectual property, and employment law, Binger uses her extensive knowledge of business operations to help companies find appropriate legal solutions and strategies for each challenge they face. She earned her J.D. from DePaul University School of Law, and her B.S. from Northern Illinois University.

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, government-related entities, and individuals throughout the Midwest. The firm is on the Web at www.dannamckitrick.com.

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Media Contacts:
Michelle Golden, Marketing
314.416.1201

Ruth Binger, Principal
314.726.1000

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