 Catching David Bracht in the office isn’t as easy as it sounds. He travels extensively to serve his clients’ needs. – Photo by Michael Tran
David Bracht:
One Good Reason for Stinson Leonard Street’s
Success in Agriculture, Renewable Energy Fields
By Lorraine Boyd
The Daily Record
Is bigger better?
The law firm of Stinson Morrison Hecker recently merged with Leonard, Street and Deinard to become Stinson Leonard Street LLP. That merger created a firm of more than 525 attorneys with offices in 14 cities, and they became the 75th largest law firm in the United States.
If being bigger means meeting client needs better, then yes, bigger is indeed better.
Take renewable energy, for example. An exploding field of opportunity, with a maze of government regulations and other challenges to navigate. A field in need of experienced legal experts to sort things out and keep them on a successful path.
Enter David Bracht. He’s only been with Stinson for a year, but he brought with him a wealth of experience and knowledge in the fields of agribusiness, finance, renewable energy, and environmental and regulatory issues.
Bracht is sort of one of the late bloomers; actually more like those hybrids that bloom in the spring and the fall. He began his career in agribusiness – “I’m one of the ‘aggies’ in the office” – and banking and government.
“I come from a farm background, growing up near West Point, Neb.”
After obtaining his degree in agriculture from the University of Nebraska’s Business College in 1982, he spent 12 years as a banker, then headed to Washington, D.C., where he served as associate manager of Federal Crop Insurance for the USDA Farm Credit System, then director of Finance and Management for the National Association of State Departments of Agriculture.
While he was there, he attended Georgetown University Law Center at night, earning his law degree in 1995.
With that degree in hand, he went to work for Dorsey & Whitney LLP, one of the country’s largest law firms. Then his native Nebraska beckoned and he joined Kutak Rock in Omaha. After a few years in agricultural business and law, he joined Husch Blackwell, LLP, where he directed their renewables and biofuels group.
Stinson Leonard Street LLP was the beneficiary of Bracht’s vast knowledge of the specialized fields of ethanol and biodiesel producers, wind and solar developers, and agribusinesses last year when he joined the firm shortly before their merger was announced.
“One of the things I enjoy about my practice,” Bracht said, “is the close relationship I have with my clients. My pre-law experience in banking and a senior level position in a government agency provide me with insights into how my clients think and what their needs are. They come to me with their problems.”
He noted that part of his role is a “strong understanding of not just the immediate issue, but knowledge of the long-term ramifications and identifying the right people to help them.”
He said that need is happening in businesses of all kinds, particularly in Omaha.
“Clients have increasingly sophisticated needs,” he said. “They have both national and international interests. And there are complex issues that require a variety of legal specialty areas.”
One company has been involved in designing equipment to produce ethanol on a small scale for to fuel home cooking stoves in Africa instead of wood, while another is developing fuel-ethanol large scale biomass based ethanol. “Ethanol is both renewable and on a per Btu basis, a cheaper fuel today,” Bracht said.
It’s a benefit in his legal practice at Stinson Leonard Street to have worked with a lot of specialists, Bracht said. “Our broader practice offerings allow us to help across a broad range of issues that impact a business and its interactions.
“Omaha has done quite well avoiding some of the economic stress because our economy concentrates on the necessities of food, fiber and fuel production,” he noted. “There has been an unbelievable growth in technology. We are at the forefront of irrigation and agricultural production … in the field to the final marketplace, with capabilities such as precision farming with GPS technology. Click here for full story For more information on the firm, visit www.stinsonleonard.com
 Entrance screening Officer Doug Schlautman, left, uses Lt. Scott Lane to demonstrate how security personnel maintain building security through use of metal detectors and screening stations.
Saving Lives … and Cutting Log Chains?
Just Another Day at the Office for Guards
By Dennis Friend
The Daily Record
The personnel that ensure our security in our government buildings perform a vital task day in and day out. They are serious about their responsibilities, but acknowledge that the job has its moments. Here they share some of the lighter aspects of their jobs.
Log Chains & Pink Glocks
There was the guy with the log chain and the woman carrying the pink gun. Oh, and there was that couple who inadvertently videotaped their own sex video on the picnic table. Click here for full story
CLASSIFIED ADS
REAL ESTATE, BANKING AND COMMERCIAL LENDING ATTORNEY West Omaha 12-attorney law firm with a strong creditor-rights banking division seeks an attorney who has a thorough and broad understanding of real estate, banking and commercial lending law. The attorney must have a minimum of 5 years experience and be licensed in Nebraska and/or Iowa. Additional licenses and client base are given further consideration. Interested candidates may contact the firm at 402-330-6300, send their resume, cover letter and references to Walentine, O’Toole, McQuillan & Gordon, L.L.P., 11240 Davenport St, Omaha, NE 68154 or email to: receptionist@womglaw.com. Inquires will be kept confidential.
2-24-to 2-28-14
ESTATE PLANNING ATTORNEY West Omaha 12-attorney law firm seeks 1-2 attorneys with 5+ years experience in estate planning and probate law. The candidate(s) must be licensed in Nebraska and/or Iowa. Additional licenses and client base are a plus. Interested candidates may contact the firm at 402-330-6300, send their resume, cover letter and references to Walentine, O’Toole, McQuillan & Gordon, L.L.P., 11240 Davenport St, Omaha, NE 68154 or email to: receptionist@womglaw.com. Inquires will be kept confidential.
2-24-to 2-28-14
|  Nebraska Attorney General Jon Bruning, addressing a seminar at Holmes Murphy & Associates, said cyber crime has become a major concern because of the growing importance information technology now plays in daily life. – Photo courtesy of Holmes Murphy & Associates
Take Steps to Safeguard Your Cyber Security
By Dennis Friend
The Daily Record
The facts about cyber crime can be unnerving.
The average cost of a data breach is $200 for each compromised record.
Many company resources are needed to comply with legal requirements of a data breach.
Maybe worst of all, customers lose trust in the organization that fell victim to the breach, resulting in irreparable reputational damage.
That’s the assessment of Holmes Murphy & Associates, and that’s why the insurance brokerage firm held a February 27 seminar on “Cyber Crime: Protecting Your Organization Against Data Breaches.”
Cyber crime can be described as any criminal act involving a computer and a network, and “cyber crime affects virtually every business, regardless of the industry or the size,” according to Cameron Burt, Holmes Murphy vice president. “Since it’s an emerging risk, we want to build a common understanding of the risk.”
Nebraska Attorney General Jon Bruning told the gathering – which included Holmes Murphy associates as well as people from manufacturing, banking, publishing companies, real estate and health care professionals – that cyber crime is an evolving threat, and has become a major concern because of the growing importance information technology now plays in daily life.
“We had 25 data breaches last year which affected nearly 40 percent of the population” or about 730,000 Nebraskans, Bruning said.
Cyber crimes and data breaches can involve the theft of financial information. A report by the security company Symantec has identified credit cards and bank accounts as primary targets. (Other forms of cyber crime like cyber bullying may not be financially motivated.)
Bruning said Nebraska enacted a law in 2006 to protect data and in 2008 distributed a “best practices” list for protecting personal information.
To secure data effectively, Bruning said, “know where you keep information, make sure it’s protected and know how you dispose of it.”
While early cyber crime efforts may have been motivated by individuals looking for fame or notoriety, today’s cyber criminals are generally looking for money and operate like a mafia. For example, the destructive Storm botnet is attributed to the group known as “the Russian Business Network.”
Under Nebraska law, Bruning said, “You have to notify affected Nebraska residents” if your business data has been breached. Statutes vary from state to state, he added, but, “We want to reach out to affected consumers” when it comes to identity theft. Nebraska law also affects “biometric data like fingerprints,” Bruning said.
There are steps business owners can take.
“It’s important to educate yourself. Get prepared up front with a security plan,” Bruning said.
These steps include: Controlling access with a strong password; Making it clear that no one is to click on an unknown link; Encrypting sensitive information; keeping information on line only as long as needed; and shredding old documents.
“If your network is compromised, disconnect your computer,” Bruning warned. “Investigate data losses and notify consumers if data has been breached.”
Large or small, the size of the business doesn’t matter – all data breaches must be reported.
“We’re not trying to play ‘gotcha.’ We want to help,” Bruning said. While the state Attorney General’s office can prosecute, “we haven’t had to so far,” and consumers can contact the office for help on preventing cyber crime.
This kind of crime can go undetected and unreported, so it is difficult to measure the exact magnitude of the problem. According to the Internet Crime Complaint Center, the median loss of a victim was $575 for the year 2009, with some victims losing thousands of dollars in a single attack, for a total loss of almost $6 million just for the reported complaints.
“You want to protect consumer data, but hackers can get through,” Bruning warned.
The data breach that struck Target was used a number of times by both Bruning and other speakers at the meeting as a warning that anyone can be a victim in cyberspace. The hacker virus got into the Target system through a compromised system being used by a heating and air-conditioning company.
“Every business has a horror story,” Burt said, “and in cyberspace, the best defense is not a good offense – it’s a good defense, the best defense you can muster.
“You want to avoid, reduce or transfer loss,” Burt said. Click here for full story
 Fitzgerald Schorr Names Elofson as Shareholder  Fitzgerald, Schorr, Barmettler & Brennan recently announced that Paul R. Elofson has become a shareholder of the firm.
Elofson joined Fitzgerald Schorr in 2009 as Of Counsel after practicing law in Omaha for several years. He is a graduate of the University of Nebraska College of Law, where he received his J.D. with distinction. He received his bachelor of business administration from Nebraska Wesleyan University. Elofson practices in the areas of civil, commercial and employment litigation, as well as business and real estate law and estate planning. He is currently a member of the Board of Directors of Centris Federal Credit Union. He is a past adjunct faculty member of Metropolitan Community College and is a lecturer for the Service Corp of Retired Executives. A member of the Omaha Bar Association and Nebraska State Bar Association, he is admitted to practice in the state and federal courts of Nebraska as well as the U.S. Court of Appeals for the Eighth Circuit. Elofson is also involved in several civic and community organizations.
For more information regarding Fitzgerald Schorr, please visit www.fitzlaw.com.
 Photo by Lorraine Boyd
AP’s CEO Stresses Value of Free Press
Gary Pruitt, president and CEO of The Associated Press, delivered a compelling keynote address at the Greater Omaha Chamber Annual Meeting February 20 to nearly 1,000 members. Titled “Free Press vs. National Security: The False Choice,” the speech explored the AP’s response to, and new rules arising from, the secret government seizure of reporter phone records. Click here for full story
“The 2040 Initiative: Leading the Discussion of America’s Changing Demographics and Explaining the Structural and Societal Shifts Expected
with the New Face of America”  Professor David Weber is leading the 2040 Initiative to plan for the challenges of America’s shifting demographics.
Creighton’s 2040 Initiative Taking
Long-Range Look at Immigration
By Jack Martin
The Daily Record
As with budget matters and the national debt ceiling, Congress has been kicking the can labeled “immigration reform” down the road for some time. But if and when that ever comes to a stop, with some sort of legalization for undocumented immigrants and other measures, what happens then? Click here for full story You can read Weber’s Blog on the subject at https://www.creighton.edu/law/academics/twentyforty/blog
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Here are some of our recent articles. Click on "Click here" to access the entire article.
 Tom Stalnaker and his son John (seated) are flanked by four of the firms other partners: (from left) Bob Becker, Aimee Cizek, Ashley Dreyer and Dan Carnahan. Don Buresh is not pictured.
The Stalnaker Family Business Is Law
By Julien R. Fielding
The Daily Record
The Stalnaker’s law firm is truly a family affair. John Stalnaker, 36, works with both his father, Tom, and his father-in-law, Bob Becker. The blend is by all accounts harmonious, after more than five years together.
John smiled and said, “Some people ask me if I am a glutton for punishment, working with both my father and father-in-law, but it truly could not be working out any better.”
–– Additional reporting by Lorraine Boyd Click here for full story
Regional Award for ATF Investigation
The “Wipe It Down” investigation, partnering the Omaha Police Department and the Alcohol, Tobacco and Firearms (ATF), has received a regional High Intensity Drug Trafficking Area (HIDTA) award. A recent awards ceremony honored 24 investigators and prosecutors.
 Ken Wentz chose his hometown to practice law, raise his family and contribute to his profession.
– Photo by Michael Tran Ken Wentz: Making His Mark in a Hurry
By Andy Roberts
The Daily Record
From the Prairie to the Pacific and back, Ken Wentz has developed a striking legal career at a still-young age.
Wentz, who was born in Lincoln and did his undergraduate work at California-Riverside before graduating from law school at Creighton, is a shareholder and litigation manager in the Omaha office of Jackson Lewis P.C. Click here for full story
Award Recipient Donald E. Montgomery
Profoundly Grateful for Creighton Education
By Julien R. Fielding
The Daily Record  Donald E. Montgomery has been named Creighton University School of Law’s 2014 Pittman Award Recipient, and the 1989 graduate couldn’t have been more appreciative of the honor or of his education at the Jesuit university.
“I am very humbled by this award,” he said on the phone from Atlanta, Ga. “I owe everything I have become to Creighton, and I will never forget my seven years there.”
Montgomery was born in Maywood, Ill. His father was a policeman at a community college; his mother was a factory worker at GTE. Click here for full story
– Photos by Michael Tran
The second floor entrance to the new home of Legal Aid of Nebraska is warm and welcoming and represents a 40 percent increase in space.
A Bigger and Better Legal Aid Facility is Open
By Lorraine Boyd
The Daily Record Legal Aid of Nebraska has moved, although you can probably still park at the same meter without a long walk. Executive Director Dave Pantos has packed up all 50 full and part-time employees, including attorneys, interns and clerks, and relocated them up the street, from 19th and Farnam north to 19th and Douglas. Taking up the entire second floor of the imposing building, plus administrative offices on the sixth floor, Legal Aid now has 14,000 square feet, up from 10,000. “The move allows us to serve more people and to increase our services,” Pantos said.
The move was led by a huge increase in use of the Access 2 Justice (A2J) services, he said, as well as a desire to consolidate all client services on one floor. “Clients have already said they love that the new offices look like the professional setting of a law firm.” Pantos said the move was made possible in part by the generous donations of The Hawks Foundation, the H. Lee & Carol Gendler Charitable Fund, and American National Bank and its executive chairman, John Kotouc. “The building owners were also exceptionally helpful in the build-out and even with the move, he said.
Cuts in Nebraska State Bar services have also increased the need for Legal Aid services. In fact, Legal Aid is in need of additional help as well, since they used to refer some clients to the Volunteer Lawyers Project, but can’t now because of their cuts. “We are currently drafting a strategic volunteer plan,” Pantos said. “We hope to help the “next generation” of young attorneys – those under 40 – become more aware of Legal Aid services and interested in pro bono services. We will debut the initiative in April.”
 – Photo by Michael TranSmalheiser may not have a lot of time off, but when he does, he continues putting on the miles … having vacationed in 55 countries and Antarctica.
Every Day Is Really a Busy One for Office
Of Omaha Prosecutor David Smalheiser
By Jack Martin
The Daily Record
It’s a large and busy law office in a prime downtown Omaha location, which usually means it would have some expensive furnishings and touches like portraits on the walls.
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