Saxe Doernberger & Vita, P.C. Achieves Mansfield Rule Certification!

Trumbull, Connecticut, May 25, 2023– Saxe Doernberger & Vita, P.C. is honored and proud to announce that we have achieved Mansfield Rule Certification! SDV is one of 70 mid-sized law firms across the nation that have completed a rigorous 18-month collaboration with Diversity Lab to track, measure, and achieve diversity in the legal field.
Mansfield Rule Certification recognizes the structural changes and actions the firm has taken over the past year and a half to diversify hiring and firm leadership. In practice, this means that whenever SDV makes a decision regarding attorney hiring or who to appoint or elect to leadership roles, we proactively consider a broad slate of talent including candidates who are historically underrepresented in the legal field. As evidenced by achieving Mansfield Rule certification, SDV has made it a priority to ensure that our processes for hiring and advancement at the firm are transparent and accessible.
This was a firm-wide effort, but special thanks go out to Rachel Pearson and to SDV’s Diversity, Equity & Inclusion Committee for their hard work and dedication to the goals of the Mansfield Rule. “In following the Mansfield Rule, there is a template and path forward for continued growth in all the areas of diversity, equity, and inclusion. Institutionalizing the Mansfield principals at SDV has made us a better firm at every level,” says Kerianne Kane Luckett, Chair of SDV’s Diversity, Equity & Inclusion Committee.

Saxe Doernberger & Vita, P.C. is among the premier law firms in the country representing policyholders in insurance coverage disputes. SDV serves clients throughout the United States and internationally and has offices in Trumbull, Connecticut, Basking Ridge, New Jersey, Naples, Florida, and Temecula, California. To learn more about SDV and our full line of legal services visit www.sdvlaw.com.




Ability Housing Appoints Thomas J. Daly, Jr. as Chief Operating Officer

Headline:
Ability Housing Appoints Thomas J. Daly, Jr. as Chief Operating Officer

Subhead:
Daly brings 20+ years of housing, finance and legal experience to the role

May 23, 2023 — Jacksonville, Fla. — Ability Housing, a nonprofit developer of affordable multifamily housing, today announced the appointment of Thomas J. Daly, Jr. as the organization’s Chief Operating Officer, effective April 11, 2023. He brings more than 20 years of housing, finance and legal sector experience to the position.

In his new role, Daly oversees the nonprofit organization’s business operations as it expands its portfolio in multiple regions of Florida. He is responsible for managing the property development strategy, including an estimated 375 units of housing anticipated to begin construction this year; asset management policies for the organization’s 800+ apartment and scattered-site homes across the state; programs that serve nearly 1,900 residents each day, executes the business plan and is accountable for financial performance.

Most recently, Daly served as the City of Jacksonville’s Chief of the Housing and Community Development Division. Under his leadership, the division developed more than 1,400 new rental housing units within the urban core by effectively managing city, state and federal funding programs.

“Tom has significant experience in the affordable housing sector, and has been a trusted collaborator of Ability Housing for many years. His familiarity with our projects and programs, as well as the complex legal and financial requirements of our industry, made him the perfect choice to guide our continued growth and mission fulfillment,” said Shannon Nazworth, President and CEO of Ability Housing.

Daly’s career in the affordable housing sector spans several roles in both the public and private sector. Prior to his tenure as Chief of the Housing and Community Development Division, he served nearly five years as the Manager of Finance for the Downtown Investment Authority — a role that helped bring more than 1,000 new affordable, workforce, student and market-rate housing units to Downtown Jacksonville. Additional positions that contributed to his professional acumen include Vice President, Public Finance for Raymond James & Associates; Assistant Vice President, National Housing Group for Evensen Dodge, Inc.; and Senior Financial Analyst for the Indiana Housing Finance Authority. He also served two years as an attorney for Lewis, Longman, and Walker, P.A.

He holds a Bachelor of Science in agricultural economics from Purdue University, a Master of Public Affairs with a concentration in public finance from Indiana University and a Juris Doctor from Florida Coastal School of Law. He is a Certified Housing Development Professional through the National Development Council, and an active member of the Jacksonville Bar Association and American Bar Association.

“Knowing what Ability Housing is all about, and seeing how they build and manage housing for the greater good, made me want to be a part of its future success,” said Daly. “The firsthand experience I have gained working with Ability Housing fostered my deep respect for the organization; respect not only for the organization’s work, but also for how the leadership team carries out its mission of building strong communities where everyone has a home. I am honored to have the opportunity to serve our current and future residents who trust Ability Housing to provide a safe, stable and affordable home.”

For more information about Ability Housing, including open staff positions, visit abilityhousing.org.

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About Ability Housing:
Ability Housing is an industry-leading not-for-profit multifamily rental housing developer dedicated to creating high-quality affordable housing. We invest in communities through properties that enhance their surrounding neighborhoods, improve each community’s quality of life, and connect residents with a network of voluntary support services.

For more information, visit AbilityHousing.org, like the organization on Facebook (facebook.com/AbilityHousing) and follow on Twitter (@AbilityHousing).




Duane Morris Welcomes Business Reorganization and Financial Restructuring Partner Jessica Kenney Bonteque in New York

Jessica Kenney Bonteque has joined Duane Morris LLP as a partner in the firm’s Business Reorganization and Financial Restructuring Practice Group in its New York office. Prior to joining Duane Morris, Bonteque was a partner at Moses & Singer LLP.

“Our growth momentum continues across our platform and it is exciting to add talent able to assist clients as they navigate challenging, even turbulent times in business,” said Duane Morris Chairman and CEO Matthew A. Taylor. “Duane Morris has a very active business reorganization and financial restructuring practice and we will continue to cultivate and expand our team.”

“With her broad experience in developing innovative solutions for both debtors and creditors, Jessica enhances our service offerings,” said Meagen E. Leary, co-chair of Duane Morris’ Business Reorganization and Financial Restructuring Practice Group.

“We are pleased to expand our litigation team. Jessica brings a unique understanding of this space, having spent time representing every major constituency in a case,” added Wendy M. Simkulak, co-chair of Duane Morris’ Business Reorganization and Financial Restructuring Practice Group.

“Jessica adds an expanded capability to our New York office,” said Michael D. Grohman, co-managing partner of the firm’s New York office. “Jessica is great fit for the group and a great addition to Duane Morris,” added James J. Coster, co-managing partner of the firm’s New York office.

Bonteque is experienced in representing secured and unsecured creditors, debtors, official committees of unsecured creditors, equity holders, purchasers of distressed assets and other parties in interest in a wide range of restructuring matters, including cases under Chapter 11 of the United States Bankruptcy Code, out-of-court restructurings and cross-border insolvency proceedings. She has represented creditors and debtors faced with insolvency situations in a variety of industries including healthcare, transportation, shipping, retail, gaming, oil and gas, storage, farming and dairy, and food and beverage. Bonteque has also participated in a wide variety of litigation in federal and state courts involving fraudulent conveyance actions, breaches of fiduciary duty, secured and unsecured financings, letters of credit, foreclosures and the enforcement of guaranties. She is a recipient of the 2017 Turnaround of the Year Award: Mid-Size Company from Turnaround Management Association and the 2017 Healthcare/Life Sciences Deal of the Year award from M&A Advisor.

“Beyond the strength of the firm’s business reorganization and financial restructuring team, I am excited to utilize the firm’s large platform to expand my practice,” said Bonteque.

Bonteque is a graduate of the Arizona State University (J.D., with honors, 2008), where she was a Pedrick Scholar, and Northern Arizona University (B.A., cum laude, 2005).

About Duane Morris
Duane Morris LLP provides innovative solutions to today’s multifaceted legal and business challenges through the collegial and collaborative culture of its more than 900 attorneys in offices across the United States and internationally. The firm represents a broad array of clients, spanning all major practices and industries. Duane Morris has been recognized by BTI Consulting as both a client service leader and a highly recommended law firm.




Littler Survey: Economic Volatility, AI Adoption and Heightened Regulatory Activity Pose New Challenges for Employers

New research by Littler, the world’s largest employment and labor law practice representing management, shows U.S. employers facing fresh hurdles in 2023, from shifting working models and stepped-up regulatory enforcement to accelerating adoption of artificial intelligence (AI) technology.

The Littler® Annual Employer Survey, 2023 reveals how organizations are mitigating risks, seizing new opportunities and laying the foundation for the future workplace as they navigate headwinds including economic uncertainty and a growing patchwork of local, state and federal laws.

Now in its 11th year, Littler’s survey draws on insights from 515 in-house lawyers, C-suite executives and human resources professionals based across the U.S.

Hybrid Work, Disability Accommodations Are Here to Stay

The hybrid work model appears to have staying power in the U.S. More than 70% of the employers surveyed have workforces operating on a hybrid work schedule, and, despite economic uncertainty and layoffs at major companies, just 20% of respondents believe that the easing of the tight labor market is helping their organizations push for more in-person work. Only 16% say their organizations require fully in-person work – a figure that is roughly half the 30% of respondents who said the same in Littler’s 2022 European Employer Survey Report.

“In an environment where some hybrid work is likely to remain the norm, employers need to pivot away from crisis management and toward intentional remote work structures that can be broadly applied and consistently enforced,” said Littler shareholder Devjani Mishra. “Given the current spotlight on equity, transparency and employee well-being, company leaders need to develop and communicate their remote work policies clearly and consistently to promote employee engagement and satisfaction.”

The pandemic also spurred a rise in employee requests for disability accommodations and leaves of absence: 65% of respondents, for instance, report receiving an increase in requests related to mental health conditions. Nearly a quarter (22%) have seen increased requests related to long COVID or other post-COVID conditions. In addition, 50% of employers surveyed have expanded their policies for disability accommodations and/or leaves of absence since the start of the pandemic.

Employers Are Bracing for Heightened Regulatory Enforcement, Increasingly Active State Legislatures
Paid sick and family leave requirements topped a list of employment law changes that employers expect to impact their businesses in the year ahead (selected by 71% of respondents), as the patchwork of state and local requirements in this area continues to grow. Other employment law changes that are top-of-mind with respondents include pay equity, overtime pay and other income equality-related measures (67%); data privacy regulations (54%); and inclusion, equity and diversity (IE&D) considerations (53%).

“Given the era of divided government, many of the most significant changes impacting employers this year continue to come at the state and local levels,” said Michael Lotito, co-chair of Littler’s Workplace Policy Institute (WPI). “In the absence of comprehensive federal legislation governing such areas as paid leave, data privacy and minimum wage, state lawmakers are frequently taking the lead.”

Despite the scale of legislative changes, employers have done considerable work to prepare for new laws coming into force. The vast majority of respondents (91%), for example, feel prepared to comply to some extent with pay transparency laws requiring the disclosure of salary ranges, as well as with the California Privacy Rights Act, which applies comprehensive data protection to HR data.

WPI Executive Director Shannon Meade notes that in response to this proliferation of state and local workplace laws, “employers are increasingly looking for state-by-state analyses to understand the various laws and obligations before making critical operational decisions, such as where to expand their businesses.”

On the federal level, employers are also anticipating a substantial impact on their workplaces stemming from enforcement by various regulatory agencies. This year’s survey saw a particular rise in the expectations regarding enforcement by the National Labor Relations Board and compliance with its requirements, with 61% expecting a moderate or significant impact, up from 43% in the 2022 survey. Respondents also expect a moderate or significant impact from rulemaking and enforcement by other key federal agencies, including the Department of Labor’s Wage and Hour Division (68%) and the Equal Employment Opportunity Commission (65%).

AI and Other New Technologies Pose Opportunities, Challenges

An increasingly remote and decentralized workforce has drawn greater attention to software that can track and monitor the activity of white-collar workers. However, the survey data finds employers split on the use of employee-monitoring technology, with 45% already using it and 41% not using or considering such applications. Employers identified a range of concerns in using such technology, including the impact on employee morale and privacy law compliance, which were both cited by 65% of respondents.

“When considering the implementation of employee-monitoring tools, it’s important for employers to carefully weigh the risk factors against the technology’s benefits,” Britney Torres and Mickey Chichester, Littler shareholders and members of the firm’s Global Workplace Transformation Initiative, said in a joint statement. “While some companies may see a significant productivity improvement, simply collecting data does not necessarily result in actionable insights and could unnecessarily increase the likelihood of compliance issues.”

AI tools are also increasingly being used by employers for a variety of essential HR functions. At a time when HR departments are increasingly stretched thin, respondents identified the greatest advantages of such tools as speeding up processes (63%) and reducing workloads and providing cost-efficiencies (59%). At the same time, respondents expressed concerns about the potential for systemic biases (59%) and employment-related discrimination (52%).

“AI tools will be an integral component of the future workplace, and organizations that do not take advantage of the benefits of these tools risk losing a competitive edge,” said Littler shareholder Niloy Ray, who helps lead the firm’s efforts to counsel on AI in Human Resource Decisions. “However, the lack of regulatory certainty and the potential risks make it critical for employers to adopt these tools with purpose and compliance top-of-mind.”

Despite that, half of respondents say their organizations are taking a wait-and-see approach when it comes to developing policies on the use of generative AI technology – and a surprising number, 40%, say their organizations have no policies in place and do not intend to implement any.




Brouse McDowell Names Several New Practice Chairs

Brouse McDowell is pleased to announce several leadership appointments, effective immediately.
• Partners Nicholas P. Capotosto and Michael P. O’Donnell have been named Co-Chairs of the firm’s Litigation Practice Group.
• Partner Paul A. Rose has been named Chair of the Insurance Recovery Practice Group.
• Partner Patricia A. Gajda has been named Co-Chair of the Business Transactions & Corporate Counseling Practice Group, joining Daniel L. Silfani.
• Partner Laura F. Fryan has been named Co-Chair of the Health Care Practice Group, joining Christopher M. Huryn.
The firm’s managing partner Daniel Glessner states “I am pleased to congratulate these partners on their Chair and Co-Chair appointments, and I want to thank them for their continued leadership.” More information on each of these attorneys can be found below.
Nicholas Capotosto has been with Brouse McDowell for the entirety of his legal career. He has served as an elected member of the firm’s Executive Committee and on the firm’s Associate Review Committee. Nick’s focus is representing clients in litigated matters, and he has extensive experience in business and shareholder disputes, enforcing non-competition agreements, and defending against product liability claims. Nick has handled large, complex probate and estate litigation involving high net worth clients and closely held businesses. Nick also has extensive experience in matters involving title insurance policies and real estate disputes. Clients have called upon Nick to represent them in high stakes litigation matters in state and federal courts all over the United States. Nick served in the U.S. Air Force and attained the rank of Captain. He earned his BS from the United States Air Force Academy, his MBA from Western New England College and his JD, cum laude, from The University of Akron School of Law.
Michael O’Donnell has a wide variety of complex litigation experience, including product liability, contract disputes, premises liability, employment, insurance recovery, trade secrets and real estate. He also has significant first and second chair jury and bench trial experience as well as appellate experience before state and federal courts throughout Ohio. He previously served as Co-Chair of the Litigation Practice Group and is looking forward to returning to this role. He also served as a member of Hiring Committee and managed the firm’s Summer Associate Program. Michael will serve as the President of the Lawyer’s Guild for the 2023 – 2024 year and is a Master Bencher in the John M. Manos Inn of Court. He is a former member of the Supreme Court of Ohio Commission on the Rules of Practice and Procedure. He earned his BSBA in Finance from John Carroll University and his JD, summa cum laude, from Cleveland-Marshall College of Law.
Paul Rose founded the firm’s Insurance Recovery Practice Group and is an experienced business litigator focusing with particular focus on cases concerning complex insurance coverage disputes. He often assists clients in obtaining insurance recoveries without resorting to litigation. He has led seminal cases and has practiced in trial and appellate courts throughout Ohio and in the Ohio Supreme Court, as well as the courts of various other states. He also has appeared in various federal courts, including the Sixth Circuit Court of Appeals and the United States Supreme Court. He is a past chair of the firm’s Environmental Practice Group. He has served as President of the Scanlon Inn of Court, which is the Akron Chapter of the National Inns of Court. Paul is certified as a Specialist in Insurance Coverage Law by the Ohio State Bar Association. He is ranked in Band 1 for Insurance (Ohio) by Chambers USA (2020-2022) and The Best Lawyers in America© in the Insurance Law and Litigation – Insurance sections (2013-2023). He earned his BA, with special distinction, from the University of Oklahoma, and his JD with honors, from The Ohio State University Moritz College of Law.
Patricia Gajda has served on the firm’s Executive Committee since 2013. Her practice focuses on corporate transactions and M&A, general corporate counseling, and joint ventures. She has extensive experience negotiating and structuring acquisitions, mergers, divestitures, equity investments, joint ventures, corporate structuring, development agreements, licensing agreements, general supply and other commercial agreements, and corporate succession planning. Pat has advised and represents both privately held and publicly traded clients. In 2023, Pat was named Commercial Transactions/UCC “Lawyer of the Year” in Cleveland by The Best Lawyers in America© and has been recognized by The Best Lawyers in America© for Corporate Law since 2018 and for Commercial Transactions/UCC Law since 2015. Pat has served on the Board of Bar Examiners for the state of Ohio since 2019. She earned her BSBA, magna cum laude, from John Carroll University, and her JD, magna cum laude, from Case Western Reserve University School of Law.
Laura Fryan focuses her practice on counseling health care providers, hospitals, health plans, and health care companies. She has experience providing strategic guidance and legal advice to assist providers and business owners with a variety of issues including HIPAA, Stark and Anti-Kickback compliance, vendor agreements and employment contracts, overpayments and government investigations, reimbursement from commercial and government payors, facility bylaws and peer review plans, and state and federal licensing. She also facilitates transactions, including joint ventures, leasing of physician practices, and the buying and selling of hospitals, physician groups, and other health care related entities. Laura currently serves as Chair of the Marketing Committee. She was recognized as an ‘Up and Coming’ attorney in Healthcare (Ohio) by Chambers USA 2022 and as a ‘One to Watch’ for Health Care Law by The Best Lawyers in America© in 2022 and 2023. She earned her BA from Grove City College before earning her MBA from The University of Akron, and her JD, summa cum laude, from The University of Akron School of Law.
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About Brouse McDowell
Brouse McDowell is an established, full-service business law firm based in northern Ohio. With 80+ attorneys across offices in Akron, Cleveland, Toledo, and Youngstown, Ohio as well as Naples, Florida, the firm serves clients across the region and far beyond. The firm has more than 100 years of history and continues a long tradition of delivering sophisticated legal counsel to clients that range from sole proprietorships to the nation’s largest corporations. Practice areas include business restructuring, business bankruptcy and commercial law; business transactions and corporate counseling; cybersecurity and data privacy; environmental; health care law; insurance recovery; labor and employment; litigation; litigation and information management; real estate and construction; tax; trademark, copyright and trade secrets; and trusts and estates. The firm is committed to diversity, equity and inclusion, and values the perspectives that professionals of diverse backgrounds bring to the work and workplace. The firm routinely taps the skills and experience of attorneys and staff for meaningful leadership roles.




2023 Florida Fee Shifting

SDV has actively monitored the evolution of this legislation, including substantial commentary from the
legal and insurance communities that followed its enactment. In this multi-part series, we will explore
the critical developments impacting policyholders and what to expect moving forward.

The insurance-related headlines overwhelmingly concentrate on one key area: the elimination of one-way attorney fee recovery for property insurance policyholders. This development represents a key change in longstanding Florida insurance law and is worthy of attention – but it doesn’t tell the whole story.
Perhaps just as important, this new legislation created Florida Statute § 86.121 which expressly
entitles policyholders to recover attorney’s fees from any insurance carrier other than a commercial
or residential property insurer when the insurer “totally” denies coverage. Liability insurers who wrongfully refuse a duty to defend, for example, remain responsible for the policyholder’s cost to litigate if coverage is owed. The significance of this development cannot be overstated: for certain insurance disputes, fee shifting remains alive and well.

How Did We Get Here?

For decades, Florida Statute § 627.428 granted policyholders the right to recover all reasonable
attorney’s fees and costs against an insurer when the policyholder prevails in coverage litigation,
including by settlement. In other words, regardless of the type of insurance policy that was the subject
of dispute, and regardless whether the insured or insurer filed the action, the court was required to
award to the prevailing policyholder all reasonable attorney’s fees and costs.

In 2021, the Florida legislature began chipping away at the one-way fee shifting by creating Florida
Statute § 627.70152, which added a notice and pre-suit settlement offer requirement as a
pre-condition and developed a tiered structure that tied the ability to recover fees to the success of the litigation. A claimant could recover its full amount of reasonable attorneys’ fees and costs only if the difference between the claimant’s recovery and any “presuit settlement offer” was at least 50% of the “disputed amount”, i.e. the difference between the claimant’s presuit settlement demand and the
insurer’s presuit settlement offer. See Holly Rice, Shifting Focus: Examining Changes to Florida’s
Insurance Fee Shifting Statute, Adverse Witness, Vol. 205, January 2022, at 12.

Then, in December 2022, Florida’s legislature went a step further and sought to repeal the automatic entitlement to attorney’s fees and costs under Florida Statute § 627.428 by changing the statute to read, “[i]n a suit arising under a residential or commercial property insurance policy, there is no right to attorney’s fees under this section.” The legislature similarly amended Florida Statute § 627.70152 to
eliminate tiered recovery of fees based on percentage of recovery.

Now, HB 837 completely repeals Florida Statute § 627.428, leaving policyholders to wonder if and when they can recover their fees for suing an insurance carrier that wrongfully denies coverage. Simply stated, an insured who sues an insurer pursuant to a commercial or residential property insurance policy, such as a homeowner’s policy or commercial property policy, is no longer automatically entitled to recover any of its attorney’s fees and costs incurred in prosecuting such suits, but, all hope is not lost.

The New Fee Shifting Model

First, HB 837 created Florida Statute § 624.1552. The new statute specifically states that Florida
Statute § 768.79 (governing formal settlement proposals) applies to any civil action involving an
insurance contract – including property insurance claims. In short, an insured who makes an “offer of judgment,” i.e. a formal settlement proposal, may recover a portion of its attorneys’ fees and costs if the offer is not accepted by the insurer and the policyholder is ultimately successful.

Two strategic considerations for policyholders will be: 1) how soon to serve an offer of judgment; and 2) when to incur litigation costs, since fees are calculated from the date the offer is served (keeping in mind that offers of judgment may be served on a defendant not less than 90 days after service of process or on a plaintiff not less than 90 days after the action is commenced). On the other hand, if the insured intends to pursue a claim for bad faith, the insured must act in good faith when making offers and attempting to negotiate settlement of the suit.

Second, HB 837 also created Florida Statute § 86.121, which states that if an insurer (other than commercial or residential property insurers) totally denies coverage for a claim, and the insured successfully pursues a declaratory judgment action to enforce its rights, then the court shall award to the insured all reasonable attorneys’ fees and costs incurred in the action for declaratory relief to determine coverage. Notably, the situation where an insurer provides a defense subject to a reservation of rights is not a “total” denial.

Some key elements of Florida Statute § 86.121 include:

  • Applies only to actions for declaratory relief;
  • Applies to actions brought in either state or federal court;
  • Applies only after the insurer has made a “total coverage denial;”
  • The term “total coverage denial,” while undefined, expressly excludes a defense offered by an insurer pursuant to a reservation of rights;
  • Applies to both named insureds, additional insureds, and named beneficiaries;
  • The rights are non-transferrable;
  • The statute does not apply to actions arising under residential or commercial property policies; and
  • Provides for a summary procedure as set forth in § 51.011.

Thus, the Florida legislature intentionally preserved an insured’s right to recover attorneys’ fees
under certain circumstances. In the construction industry, for example, a general contractor who
seeks to transfer risk downstream by tendering defense and indemnity as an Additional Insured to a
subcontractor’s commercial general liability carrier can still recover its attorneys’ fees and costs if the
carrier denies its duty to defend and indemnify. Likewise, professional insurance, directors & officers
insurance, and cyber insurance – among many others – continue to have fee shifting available, to
ensure the cost of unnecessary coverage litigation is borne by the appropriate party.

Potential Effects of HB 837

The new law will have a significant impact on policyholder litigation, but the full extent of the impact will
not be known until case law develops on interpretation of the new statutes. For example, if an insurer
settles an action for declaratory relief, can the insured recover fees? Arguably, yes. Under the old fee
shifting regime, the Florida Supreme Court specifically held that if an insurance carrier issues payment
of a previously denied claim after being sued and before final judgment is rendered, the carrier has
functionally entered a “confession of judgment.” Johnson v. Omega Ins. Co., 200 So. 3d 1207, 1215 (Fla.
2016). Nothing in the new statute suggests that Johnson would not apply here. Indeed, the relevant
portions of the statutes use the same language. Therefore, settling declaratory judgment actions likely
still entitle policyholders to recover their fees pursuant to Florida Statute § 86.121.

Other questions must likewise be explored: What is the full scope and meaning of “total coverage
denial?” Could an insurer’s lack of response qualify? Could an insurer’s response that neither accepts
nor denies a duty to defend be interpreted as a total coverage denial? Likewise, will fee recovery be
apportioned in circumstances where policyholders file multiple count complaints? As lawsuits are filed
and cases litigated, these are questions that courts may have to answer.

Until then, policyholders should appreciate that while HB 837 erodes certain entitlement to fees, there
are still many opportunities to recover fees and costs of litigation under the appropriate circumstances.
And against this evolving landscape, a nuanced understanding of the statute and thoughtful approach
to insurance recovery efforts will be essential to fully maximizing policyholders’ rights under the law.
Look for future articles discussing and analyzing the changes brought by House Bill 837 and the
impacts of those changes on the claims process, from presentation of claims through litigation.
For more information, please contact Gregory D. Podolak at GPodolak@sdvlaw.com or Holly A. Rice at
HRice@sdvlaw.com.




Duane Morris Welcomes Trial Partner Sal Subasinghe in Austin

Sal Subasinghe has joined Duane Morris LLP as a partner in the firm’s Trial Practice Group in its Austin office. Prior to joining Duane Morris, Subasinghe was a partner at Culhane Meadows Haughian & Walsh PLLC.

“Sal adds to the tremendous bench strength of our trial practice and enhances our reputation as a go to firm for high-stakes litigation and arbitration matters,” said Duane Morris Chairman and CEO Matthew A. Taylor.

“This year we have focused our international arbitration capabilities, which reflect the ongoing expansion and investment in our litigation group to serve a global client base,” said Wayne A. Mack, co-chair of Duane Morris’ Trial Practice Group. “Sal’s work on complex dispute resolution and securities litigation truly enhances our reputation as a talented team of innovative attorneys,” added Sharon L. Caffrey, co-chair of Duane Morris’ Trial Practice Group.

“As Austin continues to increase its presence in the global economy, our office is enhanced by Sal’s broad experience in international arbitration and commercial litigation and his work across a diverse industry base,” said Bert Greene, managing partner of the firm’s Austin office. “2023 has been a great year for our team in Austin. Not only are we celebrating five years here, we are accelerating our growth and enhancing our service to our local clients.”
Subasinghe’s practice focuses on high-stakes commercial disputes, securities and shareholder litigation, and government investigations and enforcement actions. He represents clients in international commercial and investment disputes before international arbitral tribunals and courts, and represents corporate directors and officers in bankruptcy adversary proceedings. Additionally, Subasinghe works with board committees on internal investigations and advises companies dealing with material corporate transactions, including fiduciary obligations in mergers and acquisitions.
“I have a growing practice, and the firm’s full-service platform, strong geographic footprint and collaborative culture will benefit both me and my clients,” said Subasinghe.

Subasinghe is a graduate of the University of Houston Law Center (J.D., 2014), where he was associate editor for the Houston Law Review and received the LEX Award for Administrative Law, Civil Procedure, Property and Legal Research and Writing, and the Pennsylvania State University (M.S., 2006; B.S., 2005).

About Duane Morris
Duane Morris LLP provides innovative solutions to today’s multifaceted legal and business challenges through the collegial and collaborative culture of its more than 900 attorneys in offices across the United States and internationally. The firm represents a broad array of clients, spanning all major practices and industries. Duane Morris has been recognized by BTI Consulting as both a client service leader and a highly recommended law firm.




Duane Morris Welcomes Corporate Partner R. Charles Miller in Washington, D.C.

R. Charles Miller has joined Duane Morris LLP as a partner in the firm’s Corporate Practice Group in its Washington, D.C., office. Prior to joining Duane Morris, Miller was a partner at K&L Gates LLP.

“We are focused on attracting marquee talent, and Chuck Miller, with his deep knowledge of securities law and the regulatory environment for investment companies and advisers, is a great addition to the firm,” said Duane Morris Chairman and CEO Matthew A. Taylor.

“With terrific momentum, we continue to build our practice group and strengthen our corporate platform with new talent,” said Brian P. Kerwin, chair of Duane Morris’ Corporate Practice Group. “The breadth of our capabilities, from M&A, commercial finance to capital markets, securities and private equity, enables this growth trajectory and serves to attract excellent lawyers like Chuck.”

“We’re pleased to welcome Chuck to Duane Morris and have him bolster our local team here in Washington,” said Patrick D. McPherson, managing partner of the firm’s Washington, D.C., office. “With the recent addition of Nick Stewart in Baltimore, it is terrific to be strengthening our corporate practice in the Baltimore-Washington metropolitan area. Chuck and Nick will be great resources to both offices.”

Miller’s practice focuses on federal securities laws, principally in the area of investment company and investment adviser representation. He has practiced for more than 25 years in the asset management industry and regularly handles a wide variety of regulatory, transactional and counseling matters. Miller has extensive experience concerning the registration, distribution and operation of open-end and closed-end funds and the regulation of investment advisers and broker-dealers. He represents some of the world’s largest financial services companies in addressing complex issues involving fiduciary obligations, innovative share classes, revenue sharing, trading restrictions and affiliation. In addition, Miller works regularly with investment managers and intermediaries in structuring and offering new investment products. In the course of his work, he frequently interacts with the SEC, FINRA, the MSRB and other regulatory agencies. Additionally, Miller has particular experience in working with investment advisers in establishing and operating separately managed accounts, wrap accounts and other investment advisory programs. He is also known nationally for his work with retirement plans and college savings plans (529 plans), and regularly represents investment advisers, broker-dealers and program administrators in setting up and maintaining new retirement plan platforms and 529 plans. Miller is a member of the American Law Institute.

“Duane Morris offers a full-service platform, which will be useful to my clients, and I am looking forward to being part of its strong Corporate Practice Group and participating in the firm’s collegial and collaborative culture,” said Miller.

Before entering private practice, Miller was a judicial clerk for Judge Spottswood W. Robinson III of the U.S. Court of Appeals for the D.C. Circuit and then for Chief Justice William H. Rehnquist of the U.S. Supreme Court and was previously special counsel in the Office of the General Counsel of the Securities and Exchange Commission. He was previously named “Lawyer of the Year” for the Washington, D.C. area in securities and capital markets law by The American Lawyer. Miller is a graduate of the University of Pennsylvania Law School (J.D., cum laude), where he was editor-in-chief of the University of Pennsylvania Law Review and elected to the Order of the Coif, and Harvard University (B.A., cum laude).

About Duane Morris
Duane Morris LLP provides innovative solutions to today’s multifaceted legal and business challenges through the collegial and collaborative culture of its more than 900 attorneys in offices across the United States and internationally. The firm represents a broad array of clients, spanning all major practices and industries. Duane Morris has been recognized by BTI Consulting as both a client service leader and a highly recommended law firm.




Seasoned Commercial Litigator Michael Garfinkel Rejoins Venable’s Los Angeles Office

Washington, DC (April 19, 2023) – Venable LLP is pleased to announce that Michael Garfinkel has rejoined the firm as a partner in the Commercial Litigation Group in the Los Angeles office. Mr. Garfinkel, who previously worked at the firm from 2007 to 2011, is an entertainment and media litigator with more than 30 years of experience.

“Mike is a skilled litigator with a proven track record of being able to effectively navigate the most complicated disputes for his clients. We are thrilled to welcome him back to the firm and our office,” said Mitchell Evall, a co-partner-in-charge of the Los Angeles office.

Daniel P. Hoffer, a co-chair of the Commercial Litigation Group and a co-partner-in-charge of the Los Angeles office, said, “As we continue to expand upon our capabilities and grow our litigation group, adding Mike to our team made a lot of sense. He has a broad range of experience across a variety of disciplines and is highly respected in the industry.”

Mr. Garfinkel represents studios, production companies, talent agencies, advertising agencies, and artists in matters involving intricate industry-specific agreements, trademark, copyright and right of publicity disputes, trade secrets, and defamation. He also represents a variety of clients in commercial litigation, including limited liability company and partnership disputes and consumer class action defense.

Commenting on his return to Venable, Mr. Garfinkel said, “I fondly remember my early years at Venable when the Los Angeles office was still in its infancy. Today, the office has grown tremendously and has become a powerhouse in the entertainment industry. I felt that now was a great time to return, and I am looking forward to expanding my practice in the LA market.”

Mr. Garfinkel received his J.D. from the University of California at Los Angeles School of Law and his B.A. from the University of Michigan.

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Venable LLP is an American Lawyer Global 100 law firm headquartered in Washington, DC that serves as primary counsel to a worldwide clientele of large and mid-sized organizations, nonprofits, high-net-worth entrepreneurs, and other individuals. With more than 850 professionals across the country, including in California, Delaware, Florida, Illinois, Maryland, New York, Virginia, and Washington, DC, the firm strategically advances its clients’ objectives in the United States and around the globe. Venable advises clients on a broad range of business and regulatory law, legislative affairs, complex litigation, and the full range of intellectual property disciplines. For more information, please visit https://www.venable.com/.




Duane Morris Welcomes Corporate Partner Nicholas C. Stewart in Baltimore

Nicholas C. Stewart has joined Duane Morris LLP as a partner in the firm’s Corporate Practice Group in its Baltimore office. Prior to joining Duane Morris, Stewart was a partner at Saul Ewing LLP.

“Expanding our Corporate Practice Group remains a priority, and as its workload continues to increase, I’m very pleased with the group’s great performance and trajectory,” said Duane Morris Chairman and CEO Matthew A. Taylor. “Along with attracting terrific talent like Nick, we continue to add new clients who are seeking innovative work and experience in fund formation and management and other transactional work.”

“Our team offers a one-stop shop when it comes to private investment fund transactions, fund formation and management and regulatory counsel, and we’re expecting 2023 to be another strong year,” said Brian P. Kerwin, chair of Duane Morris’ Corporate Practice Group. “Nick’s experience certainly adds to our capabilities in an important way, and we are expecting to add more talent in the near term.”

“We’re excited to add a new partner to our Baltimore office, expanding our service offerings to private investment funds, and increasing our firm’s presence locally,” said Michael C. Hardy, managing partner of the firm’s Baltimore office.

Stewart focuses his practice on formation and management matters for middle-market funds and emerging managers. He represents a range of private funds, including private equity, venture, hedge and real estate funds, with respect to their formation and operation. Formation services include fund structuring and fundraising strategy, document preparation, investor negotiations and relations, and related regulatory compliance. For fund management, Stewart provides counsel for general operational matters and for inflection points, from financings, lines of credit and capital calls, to interest transfers, fund restructurings and leadership successions.

Private funds also look to Stewart for assistance with various transactions, including acquisitions and investments, follow-on financings and sales of portfolio companies. In addition to his fund work, he serves as outside counsel for other businesses, including with respect to strategic transactions and corporate governance matters. Stewart works with clients in an array of industries, including technology, real estate, workforce and education, health care, telecommunications, and food and beverage.

“Duane Morris understands the importance of providing the full suite of services required by fund managers to successfully raise, deploy and harvest capital, and is willing to invest in it,” said Stewart. “I’m excited to join this talented team of fund attorneys who are not only highly sophisticated and experienced, but also provide high-touch services to clients. I think the continued growth of the funds team shows just how valuable that is.”

Stewart is a graduate of the George Washington University Law School (J.D., with honors, 2010), where he was on the editorial board of the Public Contract Law Journal and a J.B. and Maurice C. Shapiro Public Service Fellow. He is also a graduate of the University of Maryland (B.A., cum laude, 2006).

About Duane Morris

Duane Morris LLP provides innovative solutions to today’s multifaceted legal and business challenges through the collegial and collaborative culture of its more than 900 attorneys in offices across the United States and internationally. The firm represents a broad array of clients, spanning all major practices and industries. Duane Morris has been recognized by BTI Consulting as both a client service leader and a highly recommended law firm.




DISCO Expands Products Portfolio, Acquires Legal Hold and Workflow Technology Assets

DISCO Expands Products Portfolio, Acquires Legal Hold and Workflow Technology Assets
AUSTIN, Texas — February 24, 2022 — Legal technology leader DISCO (NYSE: LAW) today announced it has acquired legal workflow products Hold360 and Request360, as well as related regulatory and alert solutions, from Congruity 360, LLC. These critical legal workflow capabilities will integrate with DISCO’s market-leading cloud-based ediscovery platform and provide a modern, digital solution for corporate legal hold obligations and legal request compliance.

Hold360 and Request360 are next-generation, streamlined technology solutions that eliminate the challenges from legacy solutions, which relied on human processes, teams of attorneys and legal professionals, and limited technological solutions to ensure compliance with legal preservation obligations.

With Hold360 and Request360, DISCO will expand its solution set to address the legal hold requirements of customers, including the ability to hold data and documents in place electronically rather than recreate, store, and manage copies of duplicative data. Further, silent hold capabilities allow legal teams to easily enact holds, without the need to engage IT departments to ensure retention of sensitive information. The easy-to-deploy solutions and workflow allow corporate legal teams to save time and resources and improve their compliance with state and federal laws.

“The legal hold product team that is joining DISCO has built modern, complete solutions for the legal workflow needs of today, complementing DISCO’s solutions that empower legal departments to focus on delivering better legal outcomes,” said DISCO Chief Product Officer Kevin Smith. “We are excited to further demonstrate how great technology can empower legal teams, save time and money, increase efficiency, and ensure compliance. This also addresses the unmet needs of our legal services partners, many of whom have relied on legacy services to fill this critical gap for their customers.”

“When you look at the legal technology market, there are few companies that have enough disruptive DNA to upset the status quo. DISCO has the product-centricity, go-to-market scale, and velocity to drive real change,” said John Sanchez, founder of Hold360 and Request360. “We are excited to join the DISCO team and accelerate our contribution to transforming how legal work is done in the modern era.”

About DISCO

DISCO (NYSE: LAW) provides a cloud-native, artificial intelligence-powered legal solution that simplifies ediscovery, legal document review and case management for enterprises, law firms, legal services providers and governments. Our scalable, integrated solution enables legal departments to easily collect, process and review enterprise data that is relevant or potentially relevant to legal matters.

References to “DISCO”, “our,” or “we” in this press release refer to CS Disco, Inc. and its subsidiaries on a consolidated basis.




Polsenberg Elected President of Appellate Academy

Nevada lawyer Dan Polsenberg has been elected President of the American Academy of Appellate Lawyers. Polsenberg is a partner in the Las Vegas and Reno offices of Lewis Roca.

The Appellate Academy is one of the most prestigious appellate organizations in the country. It is an exclusive, invitation-only membership, comprised of 350 of America’s best lawyers who do appeals.

With over 30 years as a litigator, Polsenberg has personally argued 285 appeals and authored briefs in over a thousand more. These cases cover the legal field, ranging from contracts to constitutional law and from torts to tax. He has garnered the reputation as the Nevada lawyer for a “big appeal.”

Polsenberg is past president of both the State Bar of Nevada and the Clark County Bar. Twenty years ago, he was inducted as the first Nevadan to be a fellow of the Appellate Academy. Polsenberg is the second Lewis Roca lawyer to serve as President of the organization.

For the next year as President, Polsenberg looks to implement initiatives to diversify the lawyers who practice appellate law throughout the United States. He will also focus on efforts to expand the areas in which the Appellate Academy will file “friend of the court” briefs. Polsenberg also wants to have the Academy develop reforms to improve court rules.

Continuously ranked by top legal publications including Chambers USA, Benchmark Litigation, The Best Lawyers in America, and three-times as the number one lawyer by Mountain State Super Lawyers, Polsenberg has earned the respect of his peers as one of the nation’s top lawyers.

About Lewis Roca

Lewis Roca is an Am Law 200 law firm serving clients globally in complex litigation, intellectual property, business transactions, gaming, government relations, labor and employment, and regulatory counseling. Its offices are located in Albuquerque, Colorado Springs, Denver, Las Vegas, Los Angeles, Phoenix, Reno, Silicon Valley, and Tucson. To learn more about the firm, please visit us at our website at www.lewisroca.com.




Ball Janik LLP. Continues to Add to its Exceptionable Team, Hires Land Use Attorney Nikesh J. Patel

Ball Janik LLP is pleased to announce that Nikesh J. Patel has joined as the newest land use & development associate in the firm’s Portland office. Patel will assist the firm with various legal matters surrounding affordable housing, mixed-use, commercial, and community development. Patel’s experience includes local government procedures, highlighted by his time as an honors attorney with the City of Portland and an associate in a real estate and land use group at a major international law firm.
“Nikesh is a welcomed addition for the firm’s Portland office,” said Heather Oden, Ball Janik’s Chief Operating Officer. “His knowledge and experience in the local area are invaluable, and we are excited to see his contributions help the office grow and add to our offerings for clients.”
Patel’s experience includes assisting clients in their development goals by working collaboratively with local governments and communities to establish common objectives. He has advised city bureaus on housing and development programs and assisted in legislation and administrative rules. Patel takes great pride in shaping the future of land use. As a Portland native, he sees it as his responsibility to ensure he contributes to the longstanding health of his community by assisting local community organizations.
“I am thrilled to be joining a law firm with the industry reputation that Ball Janik has,” said Patel. “Ball Janik holds a strong reputation in the region as an industry leader in real estate and land use law. The firm is dedicated to its clients and has significantly contributed to the Portland community since its inception. I cannot wait to see what we all accomplish together.”
Patel graduated cum laude with his Bachelor of Science in Economics from the University of Oregon in 2014. He received his J.D. from the University of Minnesota Law School in 2017. He is a member of the Oregon Asian Pacific American Bar Association, the Oregon Chapter of NAIOP, the Urban Land Institute, the Oregon State Bar, and the Washington State Bar. In law school, Patel served as a law clerk at the U.S. Senate Finance Committee in Washington, D.C. for Senator Ron Wyden and published an article with the Minnesota Journal of International Law titled, “An Emerging Trend in International Trade: A Shift to Safeguard Against ISDS Abuses and Protect Host-State Sovereignty.” He also interned at the U.S. Attorney’s Office.
About Ball Janik LLP
Ball Janik LLP is a bi-coastal comprehensive services law firm focused on real estate, land use, construction, and business litigation. As a bi-coastal law firm with offices in Florida and Oregon, we service clients in the areas of affordable housing, bankruptcy, and creditor rights, community associations, construction and design, construction defect disputes, corporate, financial services, hospitality, insurance recovery, investigations and white-collar crime, public agencies and schools, and renewable energy.
Since our firm’s inception, we have expanded our capabilities, professionals, and geographic footprint. In doing so, we have earned a national reputation for upholding the rights of our clients.
Ball Janik LLP has been recognized by Chambers USA, US News & World Report and Best Lawyers®, The Best Lawyers in America©, and Corporate International. Ball Janik LLP’s success and integrity have repeatedly made it one of “Oregon’s Most Admired Professional Firms,” according to the Portland Business Journal’s survey results of CEOs throughout the region.




Design Patents in the U.S. and Japan: Leveraging the Differences in Laws to Maximize Protection

Fitch, Even, Tabin & Flannery LLP will present a free webinar, “Design Patents in the U.S. and Japan: Leveraging the Differences in Laws to Maximize Protection,” featuring Fitch Even partner Calista J. Mitchell and Konishi & Nakamura partner Tomohiro Nakamura.

The webinar will take place on Thursday, May 20, 2021, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12 noon EDT.

Design patent laws can differ significantly from one country to another. A lack of understanding of these differences can result in not obtaining the broadest patent protection possible. This webinar will provide an overview of the basics of the design patent laws in the U.S. and Japan and then examine how applicants can take advantage of unique opportunities each country’s laws have to offer.

In particular, the presenters will address the following topics:
• Patentability requirements for designs in the U.S. and in Japan
• Best practices for preparing a priority application in one country that is suitable for filing in the other
• Unique filing or prosecution strategies permitted in each country
• Enforcement considerations
• Highlights of Japan’s New Design Act of 2020 and the implications and opportunities for applicants filing secondary applications in Japan

CLE credit has been approved for California and Illinois and is pending for Nebraska. Other states may also award CLE credit upon attendee request.

Register for the event.

Following the live event, a recording of the webinar will be available to view for one year at www.fitcheven.com.




Bradley Attorneys Appointed to American Health Law Association Leadership Positions

Bradley Arant Boult Cummings LLP is pleased to announce that six attorneys in the firm’s Healthcare Practice Group have been appointed to leadership positions with the American Health Law Association (AHLA), beginning July 1.

The firm’s attorneys newly appointed as AHLA leaders are Justin K. Brown, Alé Dalton, Amy S. Leopard, Russell B. Morgan, Janus Pan and Wendi Rogaliner.

AHLA is the nation’s largest, nonpartisan, nonprofit educational organization devoted to legal issues in the health care field. Its mission is to provide a collegial forum for interaction and information exchange to enable its members to serve their clients more effectively; to produce the highest quality non-partisan educational programs, products, and services concerning health law issues; and to serve as a public resource on selected health care legal issues. Members practice in law and consulting firms; academic, in-house, and in a variety of public sector work settings and represent the entire spectrum of the health care industry.

Based in Bradley’s Birmingham office, Brown will serve as vice chair for the Educational Programming of the Enterprise Risk Management Task Force. He represents hospitals and healthcare providers in a variety of transactional, regulatory, and operational matters.

Based in the firm’s Nashville office, Dalton will serve a two-year term on the Young Professionals Council. Her practice focuses on providing counsel during mergers and acquisitions. She has experience handling acquisitions, divestitures, and joint ventures involving hospitals, physician practices, ambulatory surgery centers, and other providers, and regularly advises clients in matters involving clinical research and telemedicine.

A partner in the firm’s Nashville office, Leopard will serve a second term on the Board of Directors and Nominating Committee At-Large. Leopard regularly provides trusted counsel to healthcare providers, entrepreneurs, and service providers on licensing, payment, regulatory compliance, privacy and technology issues.

A partner in the firm’s Nashville office, Morgan will continue to serve on the Dispute Resolution Service Council. He has extensive experience representing healthcare providers in all aspects of their business, including payor disputes, compliance issues, internal investigations, technology disputes and qui tam litigation.

Based in the firm’s Nashville office, Pan was appointed vice chair of the Regulation, Accreditation, and Payment Practice Group. Pan assists healthcare entities in transactional and regulatory matters. She has advised clients on Medicare and Medicaid reimbursement, and worked on hospital mergers and acquisitions.

A partner in Bradley’s Dallas office, Rogaliner will continue to serve on the Journal of Health and Life Sciences Law editorial board. Rogaliner’s practice focuses on complex regulatory and compliance matters in the healthcare industry. She has extensive experience in regulatory compliance matters, including service as a legal IRO for entities under a corporate integrity agreement with the Office of Inspector General, and is routinely called upon to advise her institutional clients in their day to operations and transactions within the heavily regulated healthcare industry.




Best Practices for Identifying & Mitigating Contract Risk

Mitigating contract risk is more important than ever in today’s business environment. But, how do you determine which contract risks are acceptable for your business? How do you uncover hidden risk and minimize your exposure to it?

Join us on Friday, May 14th at 1:00 PM ET where our panel will discuss Best Practices for Mitigating Contract Risk using proven and data-driven contract management techniques.

By attending this webinar, you will learn:

-Steps and tools necessary to identify risk in your contracts
-Methods for assessing and scoring risk probability and consequence
-Solutions to mitigating contract risk

Unable to attend? Register anyway and we will send you the webinar recording.




Got Slack? How To Manage Ediscovery Like a Pro

Organizations that rely on Slack to facilitate collaboration and business communications know that the content within can be responsive to discovery obligations or crucial for internal investigations. Unfortunately, native Slack exports do not make it easy to collect all of the necessary data, get relevant insights, narrow the scope, and easily export the data in a review-ready format.

Slack exports are produced in complex and difficult-to-read JSON file formats. Moreover, targeting a collection is limited and Slack exports will include message content and links to attached files, but not the files themselves—meaning collections can be incomplete.

In this session, learn more about the ediscovery challenges legal teams face when managing Slack data and learn how to overcome them. You’ll also see a quick demo of how Hanzo Hold can help corporate legal teams manage their Slack discovery workflows.

Register.

Speaker

Brad Harris, VP of Product, Hanzo

Brad Harris is the VP of Product at Hanzo, a pioneer in the contextual capture, and preservation of dynamic web and collaboration content for corporate legal and compliance departments. He leads product vision and innovation for the company. Brad has more than 30 years of experience in the high technology and enterprise software sectors, including assisting Fortune 1000 companies to enhance their e-discovery preparedness through technology and process improvement. Brad is a frequent author and speaker on data preservation and e-discovery issues and is a member of The Sedona Conference WG1 and WG6.




General Counsel Institute – Going Beyond Legal

Berkeley Law Executive Education and The Peer 150 announce the opening of registration for The General Counsel Institute, a virtual professional development program for mid-career in-house counsel taking place over four half days in June 2021.

The General Counsel Institute is Going Beyond Legal.

The multi-day, virtual program for in-house attorneys will bring together a wide range of executives from the C-Suite and beyond to discuss how they work with, and are impacted by, in-house legal professionals. Sessions will include fireside chats between CEOs and their GCs, presentations by CFOs and CIOs, and talks by other leaders who will share their experiences working cross-functionally to achieve organizational goals.

The program will run over four half days in June.

Learn more and register.




Michael Best Announces 2021 Diversity Scholarship Winners

Michael Best is pleased to announce the 2021 recipients of the Michael Best Diversity & Inclusion Scholarship, given to Samantha Contreras, and the Michael Best University of Wisconsin Law School Diversity & Inclusion Scholarship, bestowed to Mason Higgins and Veronica Mantilla.

The two scholarships are hallmarks of the firm’s long-standing diversity, equality, and inclusion efforts that provide opportunities and programming to help make the legal community and Michael Best a more inclusive culture and environment.

The UW-Madison Diversity & Inclusion Scholarship is a collaboration between Michael Best and the University that began in 2017 and is given out to a second-year law student at the institution. Three past recipients of the scholarship have joined the firm full-time, with the fourth starting in the fall of 2021.

At UW-Madison, both Higgins and Mantilla are involved in several organizations. Mantilla is part of the university’s Latinx Lawyer Association, Women’s Law Student Association, and the Society for Education and Law Policy. She has also worked as a Law Clerk for Alliant Energy in Madison Wisconsin. Higgins is involved in several organizations on campus as well, including the Black Law Students Association, UW Mock Trial, and The Criminal Court Appeals Project. He has also worked as a Law Clerk for Krekeler Strother, S.C. in Madison, Wisconsin.

This is the inaugural year for the Michael Best Diversity & Inclusion Scholarship, launched as a result of the successes of the aforementioned scholarship. This too is available to second year law students, but open to any ABA-accredited law school in the country. This year’s recipient, Samantha Contreras, hails from the University of Notre Dame Law School.

Contreras is the Vice President of the Hispanic Law Student Association and the Admissions Liaison to the Black Law Students Association at Notre Dame and works directly with admissions to help find prospective members for both groups.

All three will be receiving tuition assistance for their third year of law school and the opportunity to participate in the Michael Best’s Summer Associate Program.




Hunton Andrews Kurth Hosts Webinar on Virginia’s Consumer Data Protection Act

This month, Virginia became the second US state to enact comprehensive data privacy legislation of general applicability. On March 2, 2021, Virginia’s Governor, Ralph Northam, signed the Consumer Data Protection Act into law. The law’s requirements will take effect on January 1, 2023, which is the same day that requirements under the new California Privacy Rights Act (CPRA) become operative.

In this program, our speakers will highlight how Virginia’s Consumer Data Protection Act affects the data privacy landscape in the US and how it may impact your organization. We also will discuss steps you can take now to prepare for the new requirements under the Consumer Data Protection Act and how to maintain a privacy program that can adapt to the changing legislative and regulatory landscape in the United States. Our speakers will address:

• The evolving nature of the data privacy landscape and our predictions for 2021 and beyond;
• An overview of the Consumer Data Protection Act, including to whom it applies and what it requires;
• How the Consumer Data Protection Act differs from other significant data privacy laws, such as the California Consumer Privacy Act/CPRA and the EU General Data Protection Regulation; and
• Strategies for maintaining a nimble data privacy compliance program that can adapt to the changing landscape.

Speakers:
• Lisa J. Sotto, Chair of the Privacy and Cybersecurity Practice, Hunton Andrews Kurth, New York
• Aaron P. Simpson, Partner, Hunton Andrews Kurth, New York
• Holly A. Brady, Associate, Hunton Andrews Kurth, Virginia
• Robert T. Bohannon, Director of Government Affairs, Hunton Andrews Kurth, Virginia

Register now.