VERDICT is a Publication of the Law Firm of Napoli Bern Ripka Shkolnik LLP

September2011

6 Remembering those whose lives were lost and those who gave their lives

7 Senior Partner Marc Jay Bern named to The New York City Police Museum Board of Trustees

7 Battlement Mesa Class Action Filed against Oil and Gas Industry

8 Have you lost money in the market?

8 Alan Ripka teaches CLE class on jury selection

Excerpts:

9 Compensation through legislation for 9/11 responders and victims:An analysis of Zadroga

10 A plaintiff’s primer on litigating natural gas cases

1 The Firm adds Senior Partner Hunter J. Shkolnik, Esq.

1 As we grow & expand, so does our name & look

1 Verdicts and Settlements

2 We are Super Lawyers®

2 Esquire Bank offering Settlement Rewards Checking for our clients

articlesFeatured

newsFirm

3 Increased risk of bladder cancer with #1 diabetes drug Actos®

3 Women report serious complications with transvaginal mesh

4 Study finds sexual dysfunction from Propecia® may be permanent

4 Leg fractures and jaw injuries with Fosamax®

and other bisphosphonate osteoporosis drugs

5 Birth Defects with SSRI drugs such as Zoloft® and Paxil®

safety advisoriesRecalls and

newsFirm

The Firm adds Senior PartnerHunter J. Shkolnik, Esq.

After more than fifteen years as aSenior Partner in the New Yorkpersonal injury firm Rheingold, Valet,Rheingold, Shkolnik & McCartney,LLP, Hunter Shkolnik Esq. has joinedNapoli Bern Ripka, LLP as a SeniorPartner of the firm, which willhenceforth be known as Napoli BernRipka Shkolnik, LLP.

“Mr. Shkolnik led the complex andmass tort litigation team at Rheingold, Valet and he has longbeen active nationally as a leader in Pharmaceutical and MassTort litigations,” said Senior Partner Paul Napoli. “We expectthat he will continue to do so in the future.”

Mr. Shkolnik has concentrated his areas of practice to the trialof significant personal injury cases primarily in the area ofdrug, medical device, automobile, heavy truck and aviationrelated product liability and medical malpractice actions.

He serves as a chairman, leader or court appointedrepresentative on Plaintiffs’ Steering Committees in variousconsumer class actions and drug and medical device masstort litigations including:

• In re: Toyota Sudden Acceleration Litigation 10:2151:Member, Liaison Counsel Committee For Personal Injury

and Wrongful Death Claimants

• In re: Oral Sodium Phosphate Solution - Based ProductsLiability Litigation 09:2066 Co-Lead Counsel

• In re: Medtronic Sprint Fidelis Lead Litigation Member,Plaintiffs’ Steering Committee

• In re: Kaba Simplex Locks Marketing and Sales PracticesLitigation

• In re: POM Wonderful LLC Marketing and Sales PracticesLitigation

• In re: Medtronic Implantable Cardiac DefibrillatorsLitigation 05:1726 Member, Plaintiffs’ SteeringCommittee

• In re: Guidant Corp Implantable Defibrillators ProductsLiability Litigation 05:1708, Plaintiffs’ Steering Committee

• In re: Nuvaring Products Liability Litigation

• New Jersey Levaquin Mass Tort Litigation-Discovery Co-Chair; New Jersey Nuvaring Litigation-Liaison Counsel

• Co-Liaison Counsel New Jersey Metaclopromide MassTort Litigation.

Hunter was also a member of the Plaintiff’s SteeringCommittee and a lead counsel in the N.Y. Diet Drug/Phen-Fen litigation; a member of the Plaintiff’s Steering Committeeand a lead counsel in the N.Y. Sulzer Inter-Op Hip and KneeImplant litigation.

“Shkolnik’s diverse experience, combined with that of NapoliBern Ripka’s other Senior Partners and Associate Attorneys willmake the firm an even more powerful voice in the legalcommunity,” said Senior Partner Marc Jay Bern.

new firm offices:

FLORIDA2665 S. Bayshore Drive Suite 220Coconut Grove, FL 33133

CALIFORNIA2361 Rosecrans AvenueSuite 450El Segundo, CA 90245

verdicts and settlements$816.45 Million Settlement of Injuries sustained byFirefighters, Police Officers and Construction Workers atGround Zero from Toxic Dust

$52 Million Settlement for Environmental Contaminationof Municipal Water Supplies of MTBE by Petroleum Refinersand Retailers

$9.4 Million Verdict for a motor vehicle accident victimwho required multiple surgeries

$7 Million Verdict for an individual who suffered knee,back and shoulder injuries in a three-car-end- motorvehicle collision

$2.5 Million Settlement against an investment advisorfirm for breach of their fiduciary duties to their clients

$1.3 Million Settlement on behalf of clients for theunlicensed sale of securities

$1.25 Million Settlement during a medical malpractice case

$1+ Million Settlements for people injured as a resultsof being administered the defective drug Trasylol duringheart Surgery

$3.6 Million Settlement for a Floridian town whosegroundwater was contaminated from a chemicalmanufacturing plant and industrial properties

$2.75 Million Settlement for air contamination in aFloridian county

As we grow & expand, so does our name & lookIt has been a busy few months. We are proud of and fortunate for the growthof the firm. With the addition of new Senior Partner Hunter J. Shkolnik Esq.and offices opening in Florida and California, we recognized that the timingwas right to re-introduce ourselves with new branding.

While people will see a change in our logo and website, they should also beassured that we are the same team of skilled attorneys they have dependedupon in the past. As our list of clients grows, so must our team of experiencedand dedicated legal professionals. We would also like to welcome AssociatesBora Song, Kevin Lawner and Nicholas Farnolo to the firm.This quarterly newsletter is a great way to stay-in-the-loop about Napoli BernRipka Shkolnik LLP. However, for up to the minute news, please visit us on theweb at www.NapoliBern.com or LIKE us on facebook.

1

Offering Settlement Rewards Checking for Our Clients

Esquire Bank has developed a program for our clients called “SettlementRewards Checking”. With Settlement Rewards Checking, clients receivesettlement awards on a bank debit card instead of by check. Sometimesthe process of printing checks and sending them by US mail can take aweek or more. A key benefit of the bank debit card is that you will haveaccess to each payment as soon as it is posted to your debit card andyou will start receiving interest on your money right away.

Once you have opened a Settlement Rewards Checking Account, anyadditional monies you receive from a settlement will be depositedinto your account.

We believe that this could be a good opportunity for clients but thechoice is up to you. If you do not want to take advantage ofSettlement Reward Checking, you do not have to do anything. Thefirm will continue to issue your settlement funds in the form of aprinted check sent to you by US mail and you can deposit the checkwherever you wish.

For more information please call Esquire Bank directly at 800-996-0213 and ask to speak with a Settlement RewardsChecking Specialist.

Settlement Rewards Checking at a glance: • Free, Interest Bearing Account• No Minimum Balance Requirement• No Monthly Fees • You can move funds to another bank without restrictions• Online Banking • Free Telephone Customer Support

To enroll: • Go to www.esquirebank.com• Click on “Settlement Debit Cards” in the lower right corner• Click “Plaintiffs”• Click “Settlement Rewards Checking”

Call us for a FREE CONSULTATION

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We are Super Lawyers®

Super Lawyers®, an independent rating firm, has awarded our Senior Partners Paul J.Napoli, Marc J. Bern and Hunter J. Shkolnik the designation of New York Super Lawyers®

and recently named Senior Litigation Associate Adam J.Gana to their New York SuperLawyers Rising Stars® List. The final published New York Super Lawyer list represents onlythe top 5% of lawyers in the state that have met their stringent qualifications.

Super Lawyers develops a list of outstanding lawyers from more than 70 practice areaswho have attained a high degree of peer recognition and professional achievement. Thepurpose of this list is to provide a reliable resource of outstanding attorney names to theconsumer searching for legal counsel.

Candidate Selection Each candidate is subjected to a rigorous, multiphase rating process. For a lawyer to beeligible for consideration for such an honor a peer must formally nominate them, or theymust be chosen by the Super Lawyer staff during in their “Star Search” or nominatedinformally by a Super Lawyers Magazine readers or clients.

Candidate Evaluation Process Each candidate receives award points based on twelve indicators of peer recognitionand professional achievement:

• Verdicts and Settlements

• Transactions

• Representative Clients

• Experience

• Honors and Awards

• Special Licenses & Certifications

• Position within law firm

• Bar and or other professional activity

• Pro Bono and community service as a lawyer

• Scholarly lectures and writings

• Education and employment background

• Other outstanding achievements

Paul J. Napoli, a Senior Partner in the firm, is nationallyknown as a tenacious and unrelenting advocate for hisclients’ rights in courts around the country, where heconsistently achieves results in the multiple millions ofdollars for injured plaintiffs. Mr. Napoli has been namedin New York Super Lawyers each year since 2007, and in2010, was named as one of the top 100 lawyers in theNew York Metro Area.

Senior Partner Marc J. Bern’s legal career spans over 35years, in which time he has tried more than 100 cases tojury verdict and has settled hundreds of cases in excess of$1M for his clients. Mr. Bern has been designated a NewYork Super Lawyers every year since 2006 and selected asone of “America’s Premier Lawyers” by Fortune Magazine.He is a sought after guest commentator for major print andtelevision news.

Alan S. Ripka is a Senior Partner with the firm. He beganhis legal career as a criminal prosecutor at the DistrictAttorney’s office for King’s County. In 1992, he began incivil litigation, where he continues today. Mr. Ripka hastried countless cases to verdict and has recoverednumerous awards over one million dollars. He is amember of the Board of Directors for the New York StateTrial Lawyers Association.

Hunter Shkonik recently jointed the firm in the capacity ofSenior Partner. Mr. Shkolnik’s concentrates his area of practiceto the trial of significant personal injury cases primarily in thearea of drug, automobile, heavy truck and aviation relatedproduct liability actions. He is currently serving as a chairman,leader or court appointed representative on Plaintiff SteeringCommittees in various drug and other mass torts. He is a2006, 2008, 2009 and 2010 New York Super Lawyer.

Adam J. Gana heads the Securities Litigation andArbitration Department of the firm. An experiencedarbitration and trial lawyer, his practice focuses on complexbusiness litigation, securities cases in various forums,whistle blower complaints and employment litigation in thesecurities context. Recently Mr. Gana was named to theNew York Super Lawyers, Rising Stars edition as one of thetop attorneys in New York State.

THE FINE PRINT: The firm strives to provide innovative and beneficial services to its clients. To be clear, Settlement Rewards Checking is a benefit provided by Esquire Bank, not by Napoli Bern Ripka Shkolnik LLP (“NBRS”). If you sign up for Settlement RewardsCheck, then once the bank receives your first settlement payment from the Allocation Neutral, your financial relationship will be with Esquire Bank, not with NBRS. The checking account, the debit card, and other services offered by Esquire Bank are not legal services,and the protection of a client-lawyer relationship (such as the attorney-client privilege) does not exist with respect to the nonlegal services. The Settlement Rewards Checking debit card will have the NBRS name on it, but banking services will be provided by EsquireBank, not by NBRS, and banking services are not governed by the same rules of ethics that govern law firms and legal services.

2

Increased risk ofbladder cancerwith #1 diabetesdrug Actos®

Actos® (pioglitazone) has been linked tobladder cancer in patients taking higherdosages or taking the drug more than a year.

Actos (pioglitazone), made by the TakedaPharmaceutical Company, is in a class ofmedications called thiazolidinediones. Actosis the most widely used medication for thetreatment of type 2 diabetes. Actos sales in theUnited States were $3.4 billion in 2009.

Napoli Bern Ripka Shkolnik LLP is pleased toannounce that Senior Partner HunterJ.Shkolnik was integral to the formation of thenew AAJ litigation group, The Actos BladderCancer Litigation Group.

In addition to co-chairing this importantLitigation Group, Mr. Shkolnik will also leadan upcoming AAJ Actos Teleseminar focusingon Actos and its link to a 40% increased riskfor Bladder Cancer for those patients takingthe drug for more than a year.

The American Association for Justice (AAJ),also known as the Association of Trial Lawyersof America, is a forum for attorneys to share

their knowledge and experiencethrough conventions and teleseminarswhile continuing their own educationin order to be more successfulattorneys for their clients.

People taking Actos may have taken thisdrug without knowing or understandingthe bladder cancer risk because themanufacturer may have failed to warnthem adequately.

In September 2010, the U.S. Food and DrugAdministration (FDA) announced the agencywas conducting a safety review of data froman ongoing ten-year Actos study conductedby the manufacturer to determine if peopletaking the drug were developing bladder cancer.An increased risk of bladder cancer wasobserved in patients on the highest doses ofActos and those taking the drug for a long time.

After another study sponsored by the Frenchgovernment found Actos increased risk ofbladder cancer, regulators in France andGermany felt the risk was great enough to pullthe drug from the market in June of 2011.

Shortly after, the FDA announced it would requirethe makers of Actos to update the Warnings andPrecautions of the drug labeling to include awarning that Actos use for more than one yearmay be associated with an increased risk ofbladder cancer and to provide patients with aMedication Guide stating the risk. There iscurrently no Actos recall in the United States.

If you have questions about your Actosprescription, or are experiencing any of thefollowing symptoms of bladder cancer, you shouldspeak with your doctor as soon as possible.

Bladder cancer symptoms:

• blood in the urine• urinary urgency• pain on urination• back or abdominal pain

If you have taken Actos for treatment of yourtype 2 diabetes and your doctor diagnosedyou with bladder cancer, contact our lawyersnow. Pharmaceutical companies may havefailed to warn you of the bladder cancer riskassociated with this drug. Our lawyers havehelped thousands of people injured bypharmaceutical drugs. Let us help you too.

safety advisoriesRecalls and

Women report seriouscomplications with

TRANSVAGINAL MESHThese are cases where women have had a surgical mesh

product implanted to correct Pelvic Organ Prolapse(POP) or Stress Urinary Incontinence (SUI) andhave suffered serious complications as a result.POP occurs when tissues that hold the pelvicorgans in place become weak or stretched. SUIis a leakage of urine during moments of physicalactivity. These are problems that effects manywomen at some point in there lifetime and oftenrequires surgery to repair the damage.

Surgical mesh is a medical device that isfrequently used to treat POP and SUI. The mesh

is implanted to help repair the weakened organtissue. When used to treat POP/SUI the mesh can beimplanted using one of two procedures. The meshcan be placed through an incision in the abdomen(transabdominal placement), or it can be placedthrough the vagina (transvaginal placement).

Complications that have been associated with transvaginal mesh repair are:

• Mesh erosion through the vagina (also called exposure, extrusion or protrusion),

• Pain,

• Infection,

• Bleeding,

• Pain during sexual intercourse,

• Organ perforation, urinary problems,

• Recurrence of prolapse,

• Vaginal scarring/shrinkage.

The FDA recently released a heightened warning stating that the seriouscomplications associated with transvaginal mesh repair are NOT rare, there is analarming number of adverse event reports, and there may be no added benefit tousing the mesh over traditional procedures. Although the product has not beenrecalled from the market the FDA has issued strong instructions to medical providerscautioning them about using these products.

We are looking for cases where the mesh was implanted using transvaginalplacement to treat POP or SUI, and the individual has experienced one of the abovecomplications. There are several manufacturers of pelvic mesh, but the complicationshave not been linked to any one in particular. (We are therefore taking alltransvaginal implants). The date for calculating the Statute of Limitations has notyet been determined, but we will update you once we know.3

Call us for a FREE CONSULTATION

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Study finds sexualdysfunction fromPropecia® may bepermanentHave you or your partner taken Propecia® (finasteride) for the treatment of hair loss due to malepattern baldness? If so, you probably never thought it could permanently affect your sex life.

Propecia (finasteride) is a medication manufactured by Merck & Co., Inc. and prescribed bydoctors for the treatment of mild to moderate male pattern baldness (androgenetic alopecia)in men. More than one million men have tried Propecia since it came on the market in 1998.

Men report sexual side effects with Propecia, including:

• Loss of sexual desire

• Erectile dysfunction

• Decreased arousal

• Problems with orgasm

Merck says its studies showed that less than 2% of men developed sexual side effects andthose disappeared after five years of Propecia use or after discontinuation of the drug.

However, men who have taken Propecia claim the sexual side effects do not go away.

To determine if Propecia users are experiencing non- reversible, or persistent, sexual sideeffects, Michael S. Irwig, MD, a professor at The George Washington University, and fellowresearchers interviewed 71 men between the ages of 21 and 46 years of age who tookPropecia and developed new sexual dysfunction that lasted more than three months despitediscontinuation of the medication.

94% of men in the study experienced low libido, 92% developed erectile dysfunction anddecreased arousal, and 69% reported problems with orgasm. Study participants had an

average of twenty-six sexual episodes per month before taking Propecia, which declined tojust eight episodes per month after taking the drug. Twenty percent of men in the studyreported persistence of sexual dysfunction five years after they stopped taking the drug,making researchers wonder if the sexual side effects are permanent.

Men who have chosen to take Propecia for treatment of their male pattern baldness mayhave made a different choice if they knew beforehand of the risk of permanent sexual sideeffects. Sexual dysfunction can be devastating to a man’s life, reducing quality of life andcausing depression, marital problems and even difficulty fathering children.

Merck’s labeling for Propecia in the United States warns of potential sexual side effects, butcalls them reversible. However, mounting data has prompted the Medicines and HealthcareProducts Regulatory Agency of the United Kingdom and the Swedish Medical Products Agencyto update patient information in those countries to warn of post-marketing reports ofpersistence of erectile dysfunction after discontinuation of treatment with Propecia.

If you or your partner took Propecia for the treatment of hair lossand are now suffering persistent loss of sexual desire, erectiledysfunction, decreased arousal or problems with orgasm evenafter stopping the drug, you may have cause to file aPropecia lawsuit.

Speak with the lawyers of Napoli Bern RipkaShkolnik LLP today. We can help youobtain justice for the way Propeciahas changed your life.

Leg fractures and jaw injurieswith Fosamax®

and otherbisphosphonate

osteoporosis drugs

Doctors prescribe bisphosphonatedrugs to prevent or treat osteoporosis,

a condition that causes bones tobecome weak, brittle and breakeasily, and Paget’s disease in whichbones become soft and weak. Thesedrugs work by slowing bonebreakdown, increasing bone densityand decreasing the amount ofcalcium bones release into the blood.While sometimes prescribed for men,doctors most often prescribe thesedrugs for postmenopausal women.

Bisphosphonate drugs include thefollowing brand names and theirgeneric equivalents:

• Fosamax® (alendronate) and Fosamax® Plus D(alendronate pluscholecalciferol)

• Actonel® (risedronate) and Actonel® with Calcium(risedronate plus calciumcarbonate)

• Boniva® (ibandronate)

• Atelvia® (risedronate)

• Reclast® (zoledronic acid)

• Zometa® (zoledronic acid)

continued

Birth Defects with SSRI drugs suchas Zoloft

®

and Paxil®

Antidepressants are one of the most prescribed drugs in theUnited States, with selective serotonin reuptake inhibitors(SSRIs) being the most common antidepressants prescribed.SSRI drugs include Zoloft® (sertraline), Paxil® (paroxetine),Lexapro® (escitalopram), Celexa® (citalopram), Prozac® andSarafem® (fluoxetine).

Studies have shown that women who take SSRI antidepressantswhile pregnant, or who become pregnant while taking the drug,are at risk of having babies with SSRI related birth defects.

Pharmaceutical companies may not have adequately warnedof SSRI birth defect risks.

Depending upon the trimester of SSRI exposure in thewomb, babies can suffer:

• Congenital heart defects such as ventricular and atrialseptal defects (VSDs and ASDs).

• Persistent Pulmonary Hypertension (PPHN) in which thearteries of the lungs remain narrowed or constricted,inhibiting blood flow to the lungs and reducing theamount of oxygen in the bloodstream that can result inbrain damage or death.

• A condition called Omphalocele in which the baby is bornwith intestines or other organs outside the body.

• Craniosynostos, a malformation of the head caused bypremature fusing of cranial sutures of the skull.

• Spina Bifida and other neural tube defects affecting thespinal cord

• Facial deformations such as Cleft Lip and Cleft Palate

• Club foot, a deformation of the lower leg and foot

• Blockage of the anus called Anal Atresia.

• Genital deformities.

• Birth complications.

• Infant death.

Parents of children exposed to SSRImedications in the womb that havedeveloped these conditions orcomplications should contact ourattorneys for a free SSRI birth defectslawsuit consultation. They may beentitled to compensation for theirchild’s injury and suffering.

5

People taking bisphosphonates havereported leg fractures includingatypical subtrochanteric femurfractures, fractures in the bone justbelow the hip joint, and diaphysealfemur fractures in the long part ofthe thighbone.

These types of fractures are rare, onlycomprising about 1% of all legfractures, and occur primarily inpatients taking bisphosphonates. Thefemur is one of the strongest bones inthe body, yet those affected report thatthe break occurred during normal lowimpact activity, such as walking orclimbing steps. Some patients alsoreported hip or thigh pain in themonths preceding the fracture.

Reports of femur fractures in peopletaking Fosamax began as early as2007. In that same year, a reportpublished in The Journal of Bone andJoint Surgery profiled 13 women withlow-trauma leg fractures, 9 who werelong-term users of Fosamax.

In 2008, the U.S. Food and DrugAdministration (FDA) contactedMerck & Co. Inc., the maker ofFosamax, about reports of femurfractures associated with the drug.

However, it was not until October2010 that the FDA announced itwould require makers ofbisphosphonates to add the risk offemur fracture to the Warnings andPrecautions section of the drug

labeling and provide patients with amedication guide warning of the risks.

People taking bisphosphonatesshould also be aware that a studyreleased in September 2010 foundthat people who take these drugs formore than five years might havedouble the risk of developing cancerof the esophagus. The FDA releaseda safety announcement in July 2011that the agency was conducting asafety review to determine if patientstaking bisphosphonates have anincreased risk of esophageal cancer.

If you suffered a fracture of yourfemur and have taken any of thesebisphosphonate drugs, contact ourlawyers now.

Call us for a FREE CONSULTATION

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articlesFeatured

Rememberingthose whose lives were lostand those whogave their livesTen years after the terrorist attacks ofSeptember 11, 2001, we remember thelives of our friends, family and fellowAmericans lost that day at the WorldTrade Center, Pentagon and inShanksville, PA.

We also remember those first responders and workerswho died later, and those currently suffering debilitatinghealth conditions, due to exposure to toxins duringrescue, recovery and clean up efforts.

These men and woman are true American heroes. It takessomething special inside your heart to run into a burningbuilding when everyone else is running out, to digthrough a smoldering pile of debris searching for survivorsas your boots melt, to be an example of the Americanspirit showing enemies our unity, determination and thatour country will recover and rebuild. These brave menand women answered the call when our country neededthem the most, enduring the cloud of dust and otherdangers without first counting the cost to their own lives.

When first responders and workers started getting sickand found there was nowhere to turn for the medicalcare and financial help they needed to support theirfamilies, our law firm stood up for these heroes andfought for the care and compensation they deserved.

Many people may be aware that Senior Partner PaulNapoli was appointed the Plaintiff’s Liaison Counsel forthe World Trade Center Disaster Litigation. The firmrepresented more than 10,000 firefighters, police officersand construction workers who developed illnesses causedby exposure to toxic dust during the work in 9/11 rescue,recovery and debris removal efforts at the site. After eight

years of compiling and fighting the cases, the firm’sattorneys secured a settlement of $816.45 million forthese heroes in November 2010.

What some may not be aware of is that Mr. Napoli andSenior Partner Marc Jay Bern have been instrumental inlobbying state and federal legislators to enact legislationfor people who participated in the World Trade Centerrescue, recovery and cleanup operations.

• The James Zadroga 9/11 Health andCompensation Act of 2010 provides federaldollars for the health care evaluation,monitoring and treatment for exposed firstresponders and construction workers andreopened the September 11 VictimCompensation Fund (VCF).

• Jimmy Nolan’s Law, an amendment to NewYork’s General Municipal Law, extended thetime for 9/11 workers to file compensationclaims for injuries suffered from assistingwith the rescue, recovery and clean up at theWorld Trade Center site.

The proximity of the Firm’s downtown location at 115Broadway to the World Trade Center prior to the terroristattacks made the connection with the people and eventssurrounding 9/11 personal. Many of our attorneys andstaff had friends or family who died that day. In the

course of representing more than 10,000 first respondersand workers over the last ten years, our attorneys andstaff have been moved by not only the suffering ourclients have endured, but also their incredible fortitude.

It is in remembrance of the victims of the September11, 2001 terrorist attack, first responders and workersthat we support 9/11 causes. There are many worthygroups recognizing the events and sacrifices of 9/11.We have been fortunate to be able to provide donationsand support for the following organizations:

• National September 11 Memorial & Museum

• The 9/11 Responders Remember Park (in Suffolk County)

• The FealGood Foundation

• The New York City Police Museum

• The New York World Police and Fire Games

We are also proud to continue advocating for the rightsof First Responders while also educating the public aboutFirst Responder issues.

If you want to show your support of 9-11 responders bywearing 9-11 shirts, hats or other merchandise, considerpurchasing these items from a provider such aswww.cafepress.com/neverforget9_11 which donates aportion of their proceeds to The FealGood Foundation.

© Francesc Torres, courtesy of the National September 11 Memorial Museum

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Senior Partner Marc Jay Bern named to The New York City Police Museum Board of Trustees

Marc J. Bern is honored to have beenselected as a Board Member of TheNew York City Police Museum Boardof Trustees. He acknowledges that hisselection is a “privilege as well as anopportunity to give back to the menand women who protect our homesand communities every day.”

Mr. Bern is a Senior Partner at the lawfirm of Napoli Bern LLP where he

concentrates his practice areas in Mass Torts/Class Action,Plaintiff Personal Injury cases and Environmental Litigation. Ina legal career that spans over 35 years, Mr. Bern has triedmore than 100 cases to jury verdict and has settled hundredsof cases for his clients.

In recognition of his legal ability and high ethical standards, Mr.Bern has been awarded a pre-eminent AV Martin Hubble rating.He has been profiled in Who’s Who in America, is a member ofMillion Dollar Advocates Forum and has been selected forvarious honors, including: Top 100 Trial Lawyers of New York,New York Super Lawyers® every year since 2006 and Top 500Plaintiff’s Lawyers In the United States by Lawdragon.

Mr. Bern is a sought after speaker, having lectured before theAssociation of Trial Lawyers of America, New York State TrialLawyers Association, Mealey’s seminars and many more. He is

frequently consulted by attorneys on matters related to mass tort,malpractice and liability issues and has appeared on newsbroadcasts for Court-TV, ABC-TV, NBC-TV and CBS-TV.Additionally, Mr. Bern has been interviewed in the Wall StreetJournal, The New York times, the New York Post, the New YorkDaily News, New York Newsday and the Philadelphia Enquirer,among many others. Mr. Bern is committed to giving back to thecommunity by supporting the 92nd Y and the Town School amongothers. Having been instrumental in securing the landmarksettlement for the heroes of 9/11, Mr. Bern and the firm areactively involved in supporting worthy organizations and groupsthat recognize the people and events of 9/11, including: the 9/11Memorial, the FealGood Foundation, the 9/11 RespondersRemembered Park as well as The New York City Police Museum.

As a Board Member, Mr. Bern is proud to be able to helprealize The New York City Police Museum’s mission ofpreserving the history of the New York City Police Departmentwhile educating the public through its exhibits, collections andeducational programs.

THE NEW YORK CITY POLICE MUSEUMLearn the rich history of New York City’s Finest. Highlightsinclude a collection of vintage artifacts from telegraphs andantique telephones, police uniforms from the 19th century;vintage weapons including Al Capone’s Tommy gun andnotorious bank robber Willie Sutton’s burglary tools. Kids canbecome junior detectives in the Junior Officers DiscoveryZone. View a special exhibit, 9/11 Remembered, featuringexclusive interviews with First Responders, photographs andartifacts and a dedicated memorial to officers who lost theirlives in the line of duty in the Hall of Heroes.

For more information concerning The New York City PoliceMuseum, please call (212) 480-3100 or visit www.nycpm.org.

Battlement Mesa Class Action FiledAgainst Oil and Gas IndustryNapoli Bern Ripka Shkolnik & Associates LLP and Aspen, Colorado basedThomas|Genshaft LLP filed a Class Action lawsuit on behalf of BattlementMesa, Colorado residents in July.

The law firms are announcing the filing of a Class Action which alleges thatAntero Resources and several of its subcontractors in their natural gas drillingoperations may cause acute and long term health problems and devaluereal estate property. Over the next several years Antero Resources plans200 wells at nine different sites in and around the Battlement Mesa PUD,a population of roughly 5,000.

Senior Partner at Napoli Bern Ripka Shkolnik & Associates, Marc Bern states,“With the filing of this class action lawsuit we hope to keep drilling out ofpopulated areas and mitigate the risk of air and water pollutants.” GarfieldCounty conducted a Health Impact Assessment specific to the effects of drillingwithin Battlement Mesa PUD and surrounding areas; the second phase ofthe study will recommend an approach to monitor air quality impacts.

The class action is based in part on the Phase I findings of the HIA includingthat “there are no studies that document a “safe” distance between naturalgas wells and homes, schools, and other places occupied by communitymembers” and “Natural gas development and production and thediesel engines used to support them have the potential to release

metals, salts, hydrocarbons, carbonlys, and other contaminants to groundwater,surface water, and soil. People can be exposed to these contaminants throughingestion of water, incidental ingestion or soil and purposeful ingestion of soil(i.e. individuals with pica), dermal absorption from water, inhalation of soilparticulates, inhalation of VOC’s released from water during activities such asshowering, and inhalation of VOC’s in building air. Some of these contaminants,such as benzene, and several of the PAH’s, are human carcinogens. Others,such as the carbonyls, alkanes, and 1,2,4-trimethylbenze, can act as irritantsof the eyes and skin or cause neurologic effects.”

Article Reference

• Phase II of the Health Impact Assessment

• A recent article in the Denver Post describes oil and gas growth in urbanareas such as Battlement Mesa.

Attorney Peter W. Thomas, Thomas Genshaft, LLP added, “Our law firms arecontinuing to research Colorado communities and are dedicated to protectingand improving water quality, air quality and property values for theirfamilies and allowing them to maintain their way of life as they areentitled.” It is anticipated that more lawsuits are forthcoming.

Other Local Efforts

In Pitkin County, officials are taking greater measures to protect theThompson Divide area from natural gas development at the base

of Sopris Mountain. (Article written in Aspen Times ) Moreinformation can be found on the Thompson DivideCoalition Website.

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Have you lostmoney in themarket?Investment losses aren’t always caused by market forces. Theycan also result from improper actions take by your broker orfinancial institution.

You may be a victim of unsuitable investments, unauthorizedtrading, negligence, fraud or misconduct or account churning.Learn the cause of your losses with a free portfolio review andinvestor guide. Our attorneys have recovered millions of dollarsfor investors who have lost money. We charge no legal feeunless we recover money for a client.

Have you lost money in a RealEstate Investment Trust (REIT)?

Napoli Bern Ripka Shkolnik LLP is investigating REITinvestments, including David Lerner & Associates Apple REITs

If David Lerner & Associates recommended your investment inApple REIT or another REIT investment, Napoli Bern Ripka ShkolnikLLP may be able to help you recover your financial losses.

Real estate investment trusts, called a REIT investment, arenot for conservative or inexperienced investors. Regulatorshave become increasingly concerned that brokers potentiallymisled investors by recommending real estate investment

trusts as low-cost and low-risk investments.

David Lerner & Associates has come under fire by the FinancialIndustry Regulatory Authority (FINRA) for its Apple REIT salespractices. In their action, FINRA notes that David Lerner &Associates earns 10 percent of all offerings of Apple REITsecurities as well as other fees. Apple REIT sales havegenerated $600 million accounting for 60 to 70 percent ofDLAs business annually since 1996.

Napoli Bern Ripka Shkolnik LLP has also been investigatingclaims by investors that brokers improperly placed them intoa REIT investment.

Real estate investment trusts have become attractive cashcows for some brokerage firms in recent years. It is notuncommon for commissions and fund expenses to eat up 15%of an individuals REIT investment, padding the bottom linesof brokerage firms rather than being put to work for investors.Further, brokers may have misled investors into believing theirREIT investment was safe due to inflated list values. Becausenon-listed REITs do not trade on exchanges, they are rarelyrevalued and may appear very stable to investors.

Napoli Bern Ripka Shkolnik LLP has successfully advocated forits clients in a wide variety of claims involving financial products,brokerage services, and commercial disputes. The firm does notcharge a legal fee unless it recovers money for its clients.

If you feel that David Lerner & Associates, a financial advisoror stockbroker may have misled you about an REIT investmentand it resulted in financial losses, we want to talk to you aboutyour rights.

Alan Ripka teaches CLE class on jury selectionSenior Partner Alan S. Ripka received approval and certification to teach a CLE course on jury selectionentitled Conducting Voire Dire.

The full class was held on Monday, August 22nd and open to all NBRS Employees for 2 credit hoursin Skills. Attendees learned about the history and importance of jury selection & process, how toaddress Jurors with specific questions and Preemptory and Cause Challenges. The Question/Answersession at the end of the class truly demonstrated the attendee’s interest in the material and its relevanceto our practice.

Napoli Bern Ripka Shkolnik LLP is investigating

the following REIT Investments:

• American Realty Capital Trust• AmREIT• Apple REIT Eight• Apple REIT Nine• Apple REIT Seven• Apple REIT Six• Behringer Harvard Multi-Family REIT I• Behringer Harvard Opportunity REIT I• Behringer Harvard REIT 1• CB Richard Ellis Realty Trust• CNL Lifestyle Properties• Cole Credit Property Trust• Cole Credit Property Trust II• Cole Credit Property Trust III• Concord Milestone Plus LP• Cornerstone Core Properties REIT• Cornerstone Healthcare Plus REIT• Desert Capital• Dividend Capital Total Realty Trust• GC Net Lease REIT• Grubb & Ellis Apartment REIT• Grubb & Ellis Healthcare REIT II• Healthcare Trust of America• Hines Global REIT• Hines REIT• IMH Secured Loan Fund LLC• Inland American• Inland Diversified• Inland Western• KBS REIT I• KBS REIT II• Lightstone Value Plus REIT• Paladin REIT• Piedmont REIT• Prime Group Realty Trust• Shopoff Properties Trust• Strategic Storage Trust• TNP Strategic Retail Trust• W.P. Carey CPA 14• W.P. Carey CPA 15• Wells REIT II• Wells Timberland REIT• Whitestone REIT

Compensation throughlegislation for 9/11

responders and victims: AN ANALYSIS OF

ZADROGAExcerpt from the June 1, 2011 issue ofWestlaw Journal. Veiw this article in its

entirety at www.0000000000000000.com

On Jan. 2, 2011, President Obama signed into law theJames Zadroga 9/11 Health and Compensation Act of2010, P.L. 111- 347, providing a long-awaited victoryfor responders, victims, survivors, workers and otherindividuals affected by the collapse of the World TradeCenter towers in the Sept. 11 terrorist attacks. With theenactment of Zadroga, the Sept. 11 VictimCompensation Fund of 2001 will reopen. Title IV of P.L.107- 42, enacted shortly after the 2001 terrorist attacks,established the “original” Sept. 11 Victim CompensationFund of 2001. That VCF, however, was closed to newclaims by statutory mandate Dec. 22, 2003.

Subsequently, and prior to the recent enactment ofZadroga, the only recourse available to the thousandsof injured rescue, recovery and debris-removal workersand volunteers was through costly and lengthylitigation. Zadroga now allows for an alternate route tolitigation: compensation through legislation. While notto be discussed here, another momentous perk toZadroga is health benefits under the World TradeCenter Health Program. The aim here is to summarizeand highlight certain important aspects of the VCF asamended under the newly enacted Zadroga.

This type of federal no-fault compensation fundlegislation is historic but not un-precedented. Zadrogafollows in the foot-steps of other notable acts such asthe Price-Anderson Nuclear Industries Indemnity Act,the National Vaccine Injury Compensation Programand the War Hazards Compensation Act of 1942.

Zadroga’s Title II reopens the VCF. Title II does notreplace the original VCF; rather, it amends andsupplements certain provisions of Title IV of the originalVCF. Section 403 of the original VCF provides the still-applicable purpose of the VCF: “to providecompensation to any individual (or relatives of adeceased individual) who was physically injured orkilled as a result of the terrorist-related aircraft crashesof Sept. 11, 2001.”

This simply stated purpose, however, becomes morecomplex in light of the provisions concerning eligible“individuals” under the VCF and other requirements.Section 405(c) discusses eligibility for compensation ingeneral. Eligibility generally hinges on whether the claimant:

• Meets the definition of “individual.”

• Meets the timing and other eligibilityrequirements as provided under the act.

The following will summarize these components ofeligibility.

INDIVIDUAL: SUBCATEGORY ONE

The definition of “individual” under the act has threesubcategories, any of which may qualify a claimant asan individual. The first subcategory provides tworequirements, one focusing on location and durationof exposure, and the other focusing on physical harm.Location and duration of exposure will be addressedfirst below.

Under the first requirement of subcategory one, the“individual” must have been present at “the WorldTrade Center, the Pentagon, the site of the aircraft crashat Shanksville, Pa., or at any other 9/11 crash site atthe time, or in the immediate aftermath, of the terrorist-related aircraft crashes of Sept. 11, 2001.” Two termsin the foregoing clause must be further examined asdefined under Zadroga: “9/11 crash site” and“immediate aftermath.”

Section 201 further defines the location of “9/11 crashsite” as:

(a) The World Trade Center site, Pentagon site,and Shanksville, Pa., site.

(b) The buildings or portions of buildings thatwere destroyed as a result of the terrorist-relatedaircraft crashes of Sept. 11, 2001.

(c) Any area contiguous to a site of such crashesthat the special master determines was sufficientlyclose to the site that there was a demonstrablerisk of physical harm resulting from the impact ofthe aircraft or any subsequent fire, explosions orbuilding collapses (including the immediate areain which the impact occurred, fire occurred,portions of buildings fell, or debris fell upon andinjured individuals).

(d) Any area related to, or along routes of debrisremoval, such as barges and fresh kills.

As for duration, “immediate aftermath” is defined as“any period beginning with the terrorist-related aircraftcrashes of Sept. 11, 2001, and ending on May 30,2002.”

Therefore, as for location and duration of exposure, an“individual” must have been present within a locationas defined under “9/11 crash site” between Sept. 11,2001, and May 30, 2002.

The second requirement under subcategory one is thatthe “individual” must have “suffered physical harm ordeath as a result of such an air crash or debrisremoval.” Notably, Zadroga adds the phrase “or debrisremoval” to this clause, broadening the type of activityto which the injury or death must be causally related.

Further, Zadroga defines “debris removal” broadly as“rescue and recovery efforts, removal of debris, cleanup,remediation and response during the immediateaftermath of the terrorist-related aircraft crashes of Sept.11, 2001, with respect to a 9/11 crash site.”

It can be deduced from the foregoing that the secondrequirement is that the individual must have sufferedphysical — as opposed to mental or psychological— harm that is causally related to an air crash ordebris removal.

Therefore, to be considered an individual undersubcategory one, the individual must satisfy thegeographical and durational requirement along withthe causally related physical harm or deathrequirement.

INDIVIDUAL: SUBCATEGORY TWO

This subcategory is specific to individuals who werepresent on the planes that crashed on 9/11. Thus, anindividual “who was a member of the flight crew or apassenger on American Airlines Flight 11 or 77 orUnited Airlines Flight 93 or 175” qualifies as anindividual under this provision. However, thissubcategory excepts “participant[s] or conspirator[s] inthe terrorist-related aircraft crashes of Sept. 11, 2001.”

INDIVIDUAL: SUBCATEGORY THREE

This subcategory simply applies to personalrepresentatives of decedents who fall into the twoforegoing subcategories of “individual.”

Continue reading at:www.0000000000000000.com

9

Before the enactment of Zadroga, the only recourse available to the

thousands of injured rescue, recovery and debris-removal

workers and volunteers was throughcostly and lengthy litigation.

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A plaintiff’s primer onlitigating natural gas cases

Excerpt from the June 8, 2011 issue of Westlaw Journal. Veiw thisarticle in its entirety at www.0000000000000000.com

In the last several years, the natural gas drilling boom has multiplied gas producers’ efforts in gasextraction and expanded east from the historic mining areas of the Midwest and West. The move toextract natural gas from the Marcellus Shale in West Virginia, Ohio, Pennsylvania and New York hasbrought an unprecedented wave of industrialization into previously rural areas. Residents who fledthe urban industrialized areas are finding themselves right back where they started.

Never before have natural gas wells and drilling operations been so “in your face” anddirectly on or adjacent to land where people live and raise their families and livestock. Inone location, a gas company is seeking to put two gas wells on a golf course that is in aretirement community. In another area, gas companies are departing unoccupied federallands and drilling gas wells next to neighborhoods and schools. It is not uncommon to seedrilling rigs and waste pits right next to grazing dairy cows.

The collision of residents living in the peaceful countryside with the industrial operationsthat include siting, drilling and, increasingly, “fracking,” or the pressurized injection of fluidsinto the gas wells, has left many people with nowhere to turn except to the judicial system.These historically non-litigious people who have repeatedly tried to work with the stateagencies and gas companies to remedy their issues have increasingly sought attorneys tohelp them in their time of need, often as a last resort.

THE CLIENTS Many people suffering from the negative affects of gas drilling operations have little to noexperience in litigation. They stayed in (or moved to) the country to avoid the noise, pollutionand industrialization of urban areas and are very reluctant to seek legal advice. They thinkif they bring a lawsuit, their neighbors will look down on them or become angry forcomplaining about an industry that has brought (at least for the short term) an influx ofjobs and money into the area. They also do not want to irritate their neighbors who havereceived significant signing bonuses for drilling leases and who continue to receive royalties.

Our clients do not want to see the gas companies leave. Indeed, many even work for them.Almost all of our clients have tried over long periods of time to negotiate with the gascompanies to resolve issues including contaminated air and water, noise and light pollutionand problems with their oil and gas leases.

In many cases they work with these large powerful companies because they truly believethat no one can successfully stand up to them. Others are reluctant to seek legal advice for

fear of being called unpatriotic or perceived as simply looking to make a quick dollar.Although the list of reasons why people are reluctant to turn to legal help goes on and on,in our experience the number-one reason is that they feel alone and helpless. The people inthese rural areas are often unaware that their neighbors are suffering from the same problemsand are equally afraid to come forward.

EVALUATING AND INVESTIGATINGPOSSIBLE CLAIMS In addition to the typical client interview and review of documents, a lot of investigation shouldbe done before commencing an action. First, conduct a site visit to gain a real perspective onwhat conditions the client is living with. Getting a feel for the area and seeing the case throughyour client’s eyes will pay dividends in your ability to structure your claim and prosecute yourclient’s actions. Inquire about conversations the client had with landmen prior to entering intoany leases. Many times, suspect tactics are used and fraudulent or questionable representationsare made to the individual landowner to entice him or her to sign a lease without legal advice.

When approaching the client’s property, take note of the topography of the area both froma micro and macro perspective. Getting the lay of the land will help you in drafting thecomplaint or during oral argument, and it will help you work with the experts in developingyour theories of how the natural gas wells, air emissions, equipment and vehicles or anypart of the drilling and extraction operations have created damages incurred by your client.

For instance, if gas wells are located upgradient from the property, any liquid release willgenerally work its way downhill. If a compressor station is located in a low-lying hollow ormeadow, its volatile organic compound or VOC emissions will generally stay close to theground and affect those in the path of its dispersion.

Have the client show you how the contamination has affected the quality of his or her life. If thereis contaminated water, go look at the pump to see where it is located in relation to the gas well.See how the water enters the home and how it is distributed. If clients or their family members aresick from the fumes, have them show you where and how their exposure occurs. Then try to go seethe gas well (without trespassing, since many well sites have locked gates) to again put the gasdrilling operation in context and determine where it is located in relation to the client’s property.

After you have a clear picture of how and what has occurred or may still be occurring, it istime to collect as much data as possible. Some information is relatively easy to access andsome is not. Start with a freedom-of-information request to the Environmental ProtectionAgency and local environmental protection and health agencies.

Many websites of state environmental agencies identify the owners and location of gas wellsaccording to county and their corresponding American Petroleum Institute numbers.3Reference the API numbers on all information requests because well names are unreliableand change often. Other websites, such as WellWatch (http://scrapper.media.mit.edu/wiki/WellWatch), a project run by the Massachusetts Institute of Technology, havevery useful databases about gas wells and provide information including the well depth,drilling dates and complaints that have been filed or incidents reported.

Be prepared to appeal denials, since many companies are new to the gas industry andattempt to keep any information pertaining to the wells confidential. Many deadlines toappeal a denied request for information are short, so it is imperative that you keep a recordof all deadlines and be scrupulous about meeting them.

If the client has entered into a lease with a gas company, be sure to review it carefully. Comparethe royalty rate in the lease with the royalty stubs provided by the gas company to ensure the clientis getting paid what is due to him or her under the contract. Review the terms of the lease forarbitration clauses, notification requirements for breach of certain terms of the lease and testingrequirements of the gas company. If the lease provides for pre-drilling water tests, make sure youreview the test results and any post-drilling water tests. Some leases (and state regulations) saythat the gas company must return the water to the pre-drilling condition if it is affected.

Continue reading at: www.0000000000000000.com

Landowners often cooperate with gas companies because they believe that

no one can stand up against them.

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