A Dallas constitutional law attorney says President Trump’s temporary ban on immigrants and refugees at airports nationwide is extreme, but not without historical precedent, according to a post published by Androvett Legal Media & Marketing.

Issued Friday, the executive order prevents citizens of seven Muslim-majority countries from entering the United States for three months. He also placed the U.S. refugee program on hold for four months. The order launched massive protests at airports in major cities across the country and brought attorneys together to offer free legal support to detained travelers.

But attorney David Coale of Lynn Pinker Cox Hurst says that presidents have conducted similar actions in the past:

“There is a very broad 1952 statute that lets the president suspend entry by classes of aliens for security reasons. But a 1965 statute imposes anti-discrimination limits on the executive branch in how it implements immigration policy. But beyond that, there is not a lot of case law to go. More modest bans have been allowed by courts, but with caveats that indicate they were thinking about a possibility such as this. Jimmy Carter did something vaguely like it in 1980 during the Iran crisis by requiring Iranians here on student visas to report to immigration officials, but it is a big leap from his limited action to this one. I think that once the temporary ban ends, however, the ‘extreme vetting’ in the current order will be DOA. The First Amendment prohibits government action that favors one religion over another, and the current executive order clearly does so by giving non-Muslims priority status.”

Manatt, Phelps & Phillips, LLP, announced that Anita L. Boomstein has joined the New York office as chair of the firm’s global payments practice. Boomstein joins the firm from Hughes Hubbard and Reed LLP, where she was a partner in the banking and financial services practice.

Boomstein’s practice focuses on payment systems, credit cards and consumer financial services, the firm said in a news release. Boomstein has experience advising brick-and-mortar retailers, e-commerce companies and issuers as they navigate payments and loyalty programs and the regulatory hurdles that come from integration of such programs. She regularly develops, negotiates, documents and supervises legal work pertaining to the creation of the full spectrum of credit, debit, prepaid, loyalty and gift card programs, including strategic alliances involving virtual accounts and electronic money transfers, the firm says.

The release continues:

“The world of fintech is evolving at a breakneck pace, and Anita knows the landscape extraordinarily well. Her years of experience in global payments will prove invaluable to our clients, no matter how complex or novel the challenges they face,” said Craig D. Miller, co-chair of the firm’s financial services practice. “She adeptly handles a variety of payment and regulatory compliance matters, including intelligent solutions for privacy and data protection, and we look forward to working with her.”

Focusing on financial services law, credit cards and payment systems, electronic commerce, privacy and cybersecurity, and the development of financial products and services for banks and nonbanks, Boomstein is well-versed in the regulatory scheme affecting all industry players. Boomstein has represented a range of clients, from Fortune 100 companies to new startup ventures, ensuring regulatory compliance across payment projects for businesses of all kinds.

“Anita is a highly regarded lawyer known for handling critical industry matters involving emerging payments, credit card programs, electronic commerce and other issues affecting clients in the consumer financial services area,” said Richard E. Gottlieb, co-chair of Manatt’s consumer financial services practice. “Few understand the workings of the card and payments business as deeply as Anita, making her strategic guidance an immediate asset to clients. We’re excited to welcome Anita to Manatt.”

“I was drawn to Manatt’s seasoned network of financial services professionals and their synergistic practices,” Boomstein said. “Manatt’s broad-based yet sophisticated capabilities in the sector make the firm a well-positioned adviser to clients navigating a transformative financial industry. I’m excited to be a part of such an accomplished group.”

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Stradley Ronon announced today that patent attorney Paul K. Legaard, Ph.D., has joined the firm as a partner in its Malvern, Pennsylvania, office. He was most recently a partner at Pepper Hamilton.

In a release, the firm said Legaard, a registered patent attorney, handles all aspects of intellectual property with a focus on the pharmaceutical, nutraceutical, biotechnology, chemical, biomedical device and scientific instrumentation industries. He has experience in patent procurement, prosecution, reissues, reexaminations and appeals before the U.S. Patent and Trademark Office. He also works with clients on intellectual property due diligence matters such as inventorship and ownership analyses; portfolio analyses; and freedom-to-operate and validity searches, analyses and opinions for licensing and financing deals, the firm said.

The release continues:

“Paul’s deep patent experience, particularly in the pharmaceutical, biomedical and biotechnology industries, make him a terrific fit for our client base and our burgeoning IP group,” said Stradley Ronon Chairman William R. Sasso. “Given the critical importance to our clients of protecting and enforcing intellectual property rights, Paul’s in-depth knowledge of the patent process and the underlying sciences will allow us to strengthen and expand our scope of services.”

Legaard is Stradley Ronon’s third significant lateral hire in recent weeks. Prominent white-collar criminal defense and government investigations attorney Michael J. Engle joined the firm in December, followed earlier this month by leading financial services litigator Joe N. Nguyen.

“I was attracted to Stradley Ronon because of its entrepreneurial culture, impressive client base and strong reputation for providing pragmatic, value-driven service,” said Legaard. “The firm’s roster of talented attorneys across many practice groups and industries is a great complement to my practice and aligns well with my clients’ needs.”

Stradley Ronon’s intellectual property practice group has decades of experience protecting clients’ IP assets and handling the full scope of their IP matters, including all aspects of patents, copyrights, trademarks and trade secrets. The group’s attorneys regularly assist clients with drafting and prosecuting U.S. or international patent and trademark applications; filing copyright registration applications; conducting due diligence reviews and analyses; providing infringement and validity legal opinions; managing trade secret matters; IP trial level and appellate level litigation; IP alternative dispute resolution; portfolio strategy development and counseling; licensing; and protecting IP assets or avoiding the IP rights of others.

The Legal Intelligencer named the firm’s IP group a finalist in the publication’s first-ever “Best Law Firm Corporate Practices” awards, noting that the practice has “grown quickly and confidently.” Stradley Ronon’s IP client roster boasts a diverse range of successful companies, including Air Products, Martin Guitar, Pentech and Titan Spine.

“Paul is highly regarded within the IP bar for his experience with the biotechnology and pharmaceutical industries, and we are proud to welcome him to the firm,” said Stradley Ronon Intellectual Property Practice Group Chair Kevin R. Casey. “His addition furthers our strategic plan of growing our IP practice with high-quality lawyers who are dedicated to protecting and defending the IP rights of our clients.”

Legaard received his B.A. in biology and chemistry from Gustavus Adolphus College, his Ph.D. in molecular microbiology and immunology from the University of Missouri, Columbia, and his J.D. from Temple University Beasley School of Law.

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Thomson Reuters Practical Law will present a complimentary webinar titled “Addressing Environmental Claims and Obligations in Chapter 11.”

The event will be Wednesday, Feb. 8, 2017, beginning at 1 p.m. Eastern time.

In a release, the company said many companies with significant environmental compliance and clean-up obligations have filed for Chapter 11 bankruptcy protection in recent years due to decreased demand for oil & gas, coal, steel, and other mined assets. The tension between environmental regulation and bankruptcy law makes environmental liability an issue that must be considered as part of any bankruptcy strategy. A Chapter 11 debtor-in-possession must comply with environmental laws and regulations during bankruptcy. Many environmental claims and obligations cannot be discharged in bankruptcy and contaminated property can be difficult to dispose of; however, a carefully constructed bankruptcy strategy can minimize the negative impact of environmental liabilities on the ongoing business and the restructuring process itself.

Practical Law and IWIRC NY will present the complimentary 75 minute webinar in which leading bankruptcy attorneys and advisors from Debevoise & Plimpton, Morrison & Foerster, Paul, Weiss, Rifkind, Wharton & Garrison, and AlixPartners will discuss strategies for addressing environmental claims and obligations in Chapter 11. During this webinar, attendees will hear insights on ways in which companies are addressing environmentally contaminated property, claims and obligations through Chapter 11 in recent and pending oil & gas, mining, and manufacturing cases, including:

-How environmental claims and obligations are treated in bankruptcy.
-The diligence that a company should perform to assess potential environmental liability and business options.
-How environmental regulators exert influence in Chapter 11 and how companies address their claims.
-Chapter 11 exit strategies for dealing with contaminated property.

A short question-and-answer session will follow.

Presenters:
Jennifer L. Marines, Partner, Morrison & Foerster LLP
Claudia R. Tobler, Counsel, Paul, Weiss, Rifkind, Wharton & Garrison LLP
Pilar Tarry, Director, AlixPartners, LLP
M. Natasha Labovitz, Partner, Debevoise & Plimpton LLP

Moderator:
Lara R. Sheikh, Senior Legal Editor, Practical Law Bankruptcy

Register for the webinar.

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The National Association of Corporate Directors (NACD), the advocate for the profession of directorship, announced the formation of its first-ever General Counsel Steering Committee. As part of NACD’s goal to equip boards with the information they need to create long-term value for businesses, this invitation-only committee brings together more than 60 progressive general counsel — all nominated by Fortune 500 board committee chairs.

The members of the steering committee will directly shape and inform NACD’s brand-new initiative, The Strategic-Asset GC, which includes resources, a webinar series, and a live meeting on June 1, 2017, in New York City. This initiative is designed to explore the continuing evolution of the role of the general counsel and its impact on boardroom issues, and will help to form leading governance practices as well as NACD resources and additional educational programming.

“The formation of this initiative and committee couldn’t be more timely,” said Peter Gleason, the recently appointed CEO of NACD. “Our members turn to general counsel now more than ever before for their unique legal and strategic perspective. In fact, almost two-thirds of our full board members have their general counsel on their membership roster.”

NACD’s General Counsel Steering Committee members come from a diverse range of Fortune 500, nonprofit, and private companies. GC are from such companies as Foot Locker, Campbell Soup, Hanesbrands, General Motors, and Lockheed Martin.

See a list of the committee members.

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The Board of Directors of the Ethics Research Center (ERC), the research arm of ECI, announced the appointment of Larry D. Thompson as the Chairman of the ERC Board, effective immediately. Patricia Harned, Ethics & Compliance Initiative’s president and CEO, made the announcement.

“We are honored that Larry Thompson is going to be leading ERC,” Harned said. “His expertise in ethics and compliance will be an invaluable asset in leading the organization into the future.”

Thompson served as Deputy Attorney General from 2001-2003 in the George W. Bush Administration. During his tenure, President George W. Bush named him the leader of the government-wide Corporate Fraud Task Force. He was then appointed by U.S. Attorney General John Ashcroft as the leader of the United States Justice Department’s National Security Coordination Council. Following a prestigious tenure in public service he joined PepsiCo as Executive Vice President, Government Affairs, General Counsel, and Corporate Secretary. From 2012-2014 he led the corporation’s worldwide legal department, global government affairs and public policy group and its global citizenship and sustainability team.

“I’m honored and pleased to participate in the leadership of this important organization. It will be exciting to work with the many top flight professionals and academics in the ethics and compliance field,” said Thompson.

Thompson has received numerous awards for his professional achievements, including the Edmund Jennings Randolph Award for outstanding contributions to the accomplishment of the Department of Justice’s mission and the Outstanding Litigator Award from the Federal Bar Association, among others.

Thompson is the John A. Sibley Chair of Corporate and Business Law at the University of Georgia School of Law. He received his BA degree from Culver-Stockton College in Canton, MO, a MA degree from Michigan State University and a law degree from the University of Michigan.

PORTLAND, OR–(Marketwired – January 30, 2017) – Zapproved, Inc., a pioneer in developing cloud‐based software for corporate legal departments, today announced results for 2016 that saw strong adoption by corporations of Zapproved’s e-discovery software suite. During 2016, Zapproved increased its customer base by more than 60 corporations, of which 30 percent were in the Fortune 500. Ninety-four percent of Zapproved’s customers are in-house legal teams at corporations or public agencies showcasing the long-term strategic focus on corporate needs using a true cloud architecture.

Zapproved continues to be on the forefront of security by gaining third-party certifications to validate security and data privacy. The company is the first cloud e-discovery software company to become SOC 2 Type 2
certified along with Amazon Web Services, the company’s hosting provider, to ensure the integrity of the software system. Zapproved recently extended the SOC 2 Controls to align with the security rules of HIPAA to provide for the protection of electronic protected health information (ePHI). During 2016, Zapproved also self-certified and committed to the EU-U.S. Privacy Shield
framework requirements, and initiated its FedRAMP certification.

“Over the course of the last five years, we have had greater than 99 percent customer retention because we design software that makes our customers productive immediately and that they trust. Because our software is intuitive to use they feel comfortable doing more which is driving a transformation in their e-discovery practices from crisis management to an efficient, routine business process,” said Monica Enand, Zapproved CEO and founder.

Zapproved’s Z-Discovery suite provides a complete set of software that starts with legal hold notification to review and production. Now in-house legal teams can easily address everyday e-discovery challenges such as internal investigations, HR matters and regulatory compliance, from start to finish, and are able to increase their efficiency and improve their litigation and regulatory response.

“Corporate legal teams are focused on controlling their data security and lowering e-discovery costs which in turn is driving adoption of our broader suite of products. With Zapproved’s Z-Discovery suite they can implement a much more secure method for handling extremely sensitive corporate data while concentrating on reviewing the right data, right away,” Enand added.

Learn more about how Zapproved can help improve internal e-discovery and compliance processes at Legaltech New York January 31 to February 2, 2017 at booth 1400 or visit zapproved.com.

About Zapproved, Inc.
Founded in 2008 in Portland, Ore., Zapproved, Inc. is a pioneer in developing cloud‐based software for corporate legal departments. The Z‐Discovery Platform returns power to in‐house corporate legal teams and helps them navigate electronic discovery with minimal risk and cost, and it sets new standards for scalability and intuitive design. The company’s flagship product, Legal Hold Pro, is widely adopted by Fortune 500 and Global 2000 corporations and has earned recognition as the Best E‐Discovery Legal Hold Product at the 2015 and 2016 Legaltech News Innovation Awards, Best of the National Law Journal 2014 – 2016. Zapproved was recognized in Deloitte’s 2016 Technology Fast 500, the 2014 Inc. 500 as one of the fastest growing private companies in the U.S., and was named as a “vendor to watch” in the 2015 Gartner Magic Quadrant for E‐Discovery. Zapproved is EU-US Privacy Shield certified and is SOC2 ® Type 2 certified which validates that Zapproved’s systems have controls in place to protect against unauthorized access (both physical and logical).

Donald Trump’s executive order Friday banning citizens of certain countries from entering the U.S. for 90 days blindsided the technology industry, reports The Los Angeles Times.

Reporter Tracey Lien writes that the industry had thought that its main battle on the immigration front was over the number of H-1B visas — granted to high-skilled foreign workers — that will be made available each year.

But now lawyers are fielding calls from worried tech workers with visas and green cards. And they’re having to adjust their advice to those clients as each day’s news comes out.

“For those abroad, we are telling them to come back as soon as possible, and be prepared to face questioning and possible refusal,” Los Angeles immigration attorney Ayda Akalin said.

Read the Los Angeles Times article.

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Murtha Cullina LLP has posted online an on-demand video recorded from a Jan. 27, 2017, webinar on energy performance contracting.

“Energy Performance Contracting is an innovative financing technique that uses cost savings from reduced energy consumption to repay the cost of installing energy conservation measures,” the firm says on its website. “This technique allows building users (municipalities) to achieve energy savings without up-front capital expenses. The costs of the energy improvements are carried by the performance contractor and paid back out of the energy savings. The other major advantage is the guaranteed energy savings for budgetary reasons.”

Watch the on-demand video.

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A report on the website of Low,  Ball & Lynch discusses a case in which the California Court of Appeal addresses whether attorneys’ fees can be awarded when a plaintiff alleges both tort and contract causes of action and dismisses the entire complaint before trial.

In the case, Neeshat S. Khan v. Michael Shim, “The Court of Appeal concluded that when a plaintiff voluntarily dismisses an action involving both contract and tort claims, Civil Code § 1717(b)(2) does not preclude a defendant from recovering attorneys’ fees if the fee provision is broad enough to cover the tort claims.”

The article concludes that parties need to pay particular attention when drafting fee provisions when contract and tort claims may be brought together. “For cases with a fee provision, a liability analysis regarding the impact of attorneys’ fees should be assessed when determining whether to voluntarily dismiss a case,” in says.

Read the article.

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A survey report released by Baker McKenzie reveals it is critical to understand what parts of the cloud contract are negotiable and what is not, particularly in newer portions of the marketplace that have greater variance in solutions and contracting terms, the firm reports on it website.

“The survey report, now in its third year, highlights the top objectives, hesitations, and criteria that buyer respondents factored into their cloud procurement determinations,” the firm says. “These factors are almost identical to the responses from cloud providers, potentially indicating further convergence in the marketplace.”

“Our survey results indicate that there may be convergence in the more established parts of the cloud marketplace, such as Software-as-a-Service, but less so in others, such as Infrastructure-as-a-Service and integration with machine-to-machine/Internet of Things solutions,” said Peter R. George, a Partner in Baker McKenzie’s TMT Group.

Read the article.

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Reuters is pointing out that President Donald Trump’s executive order directing federal agencies to take away funding from self-proclaimed sanctuary cities had one big exemption for one of his favorite constituencies: the police, who would be protected from cuts.

In the article, reporters Mica Rosenberg, Dan Levine and Andy Sullivan explain that it’s possible that very exemption makes it much more likely that a judge could strike down that section of the order as unconstitutional.

The article says: “The Trump administration cannot cut funds for sanctuary cities’ healthcare and education while preserving money for police, since those jobs relate more closely to immigration enforcement, said Richard Doyle, city attorney in San Jose, California. He said it was not clear whether existing federal funding or only future grants would be targeted.”

Read the Reuters article.

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Cornell ranked first in a recent report that looked at salaries of recent law graduates, according to a Bloomberg Law article.

Online loan refinancing company Social Finance, Inc. ranked law schools according to which touted the highest salaried graduates.

“Cornell Law School ranked No. 1 for graduates with the highest salaries, averaging $183,377 in salary, with an average debt load of $148,443,” Bloomberg reported.

Two New York university law schools rounded out the top three: Columbia and New York University.

Read the Bloomberg Law article.

Image by Mike Mozart

At least three apparel chains — Wet Seal, Eastern Mountain Sports and Bob’s Stores — are running short of cash and on the verge of filing for bankruptcy protection, according to a New York Post report.

The report by Lisa Fickenscher and Josh Kosman also says outdoor retailer Gander Mountain — some of whose vendors stopped talking orders — have hired financial adviser Lazard.

A regulatory filing indicated Wet Seal — owned by Versa Capital, a private equity firm — reported a poor holiday made it impossible to obtain new financing.

“Over the last several weeks, Versa tried unsuccessfully to sell both EMS and Bob’s, sources said,” according to the Post‘s report.

Read the Post‘s article.

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Narges Kakalia of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo asks and then answers some pointed questions about arbitration in an article on the firm’s ADR Advice website.

“Is an arbitration clause mandatory or permissive when it provides that either party to the contract may elect to submit a dispute to binding arbitration? What if the contract also provides that the right to arbitrate is not exclusive of any other rights that a party has to pursue legal action in an appropriate forum? Such an arbitration clause certainly sounds permissive. But courts have invested a lot of ink addressing the question, and (spoiler alert!) they have more or less consistently come to the conclusion that such a clause makes arbitration mandatory if any party chooses it,” she writes.

She explains that many litigants and their lawyers misinterpret the real meaning fo the word “may” in this context.

Read the article.

Exterro Inc. has released the results of its Third Annual Federal Judges Survey: E-Discovery Advice for Becoming a Better Attorney, yielding key takeaways on e-discovery competency, areas for improvement, and new FRCP rules — one year later.

Twenty-two federal judges completed this year’s survey, conducted by Exterro, answering 25 questions about the state of e-discovery. In addition to data from each question, the published report includes expert commentary from retired federal judges and industry thought-leaders, Exterro says in a release.

On the question of e-discovery competency, most respondents said that the typical attorney does not possess the subject matter knowledge required to counsel clients effectively on e-discovery matters.

Most respondents indicated that applying the principles of cooperation and proportionality is the area that offers the greatest potential for improvement among counsel.

And 82% of the judges surveyed believe that the new FRCP rules have helped solve many current e-discovery problems.

Download the report.

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Beatle Paul McCartney has sued Sony/ATV in federal court in New York to get his songs back to where they once belonged, according to a post on the website of Androvett Legal Media & Marketing.

The Beatles songs were sold to Michael Jackson in 1985 and then to Sony, but U.S. laws have changed since that happened. That could mean “Ticket to Ride” and “Hey Jude” revert to Sir Paul in 2018. But the band Duran Duran is having some trouble in the U.K. invoking the same rule, so Mr. McCartney filed a lawsuit hoping to make it clear he gets the tunes back.

“When Lennon and McCartney sold their copyrights, some might not have imagined that Beatles music would still be popular – much less still under copyright – by the second decade of the next millennium,” said lawyer Steve Mitby, a partner in the Houston law firm Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA.

“In the 1998 copyright extension, Congress tried to give the original artists and authors the benefit of the longer 95-year term. But it is far from clear that Congress can modify private contracts – like those between the Beatles and Sony – through that retroactive legislation,” Mitby said.

McCartney followed the congressional rules to reclaim his music and served advance notice to the U.S. Copyright Office starting back in 2008 that he was coming for “She Loves You” and more.

The U.S. law firm of Hinshaw & Culbertson LLP announced that Kenneth E. Yeadon has joined the firm as a partner in the Chicago office.

Previously an assistant U.S. attorney for the Northern District of Illinois and a senior attorney with the U.S. Securities and Exchange Commission’s Division of Enforcement, Yeadon will focus his practice on government investigations and securities litigation, internal investigations, compliance counseling, health care fraud, tax fraud and other complex business disputes., the firm said in a news release.

“I’m very pleased to welcome Ken to Hinshaw and our White Collar Defense and Internal Investigations team,” said Sergio Acosta, Practice Group Leader of the firm’s Government Practice Group. “He brings to the table a tremendous amount of experience in conducting high level investigations and prosecutions on behalf of government law enforcement and regulatory agencies.”

Yeadon has led investigations with the FBI, SEC, CFTC, IRS, FDA, and DOL, involving securities and commodities violations, the Foreign Corrupt Practices Act (FCPA) health care fraud, tax fraud, bank fraud, wire fraud, bribery, money laundering, and trade secret theft. Prior to joining the U.S. Attorney’s Office in Chicago, he served as a senior attorney in the Division of Enforcement for the U.S. Securities & Exchange Commission, where he conducted a series of high-profile investigations and enforcement actions involving investment advisers, broker dealers, officer and director liability, mutual funds, insider trading, and other complex financial fraud.

“I’m looking forward to entering private practice and helping corporate and individual clients navigate the intricacies of a SEC or a grand jury investigation,” said Yeadon. “Sophisticated business clients can benefit greatly from the advice of an investigator and litigator who understands and handles matters involving novel and complex issues. Building on my successful track record of leading complex government investigations and trials, I am looking forward to bringing my experience, knowledge, and common-sense approach to problem solving on behalf of Hinshaw’s clients.”

Yeadon is a graduate of DePaul University College of Law (J.D.) and Western Washington University (B.A.). He is admitted to practice in Illinois, the Illinois Supreme Court and the U.S. District Court for the Northern District of Illinois.

Black Duck Software will present its annual review of open source legal issues in a webinar, discussing the most significant legal developments related to open source software in 2016.

The complimentary event will be Wednesday, Feb. 1, at 11:30 a.m. Eastern time. Anyone unable to participate in the live webinar may register anytime to receive the recording for viewing when convenient.

Presenters will be Karen Copenhaver, Partner at Choate Hall & Stewart and Counsel for the Linux Foundation, and Mark Radcliffe, Partner at DLA Piper and General Counsel for the Open Source Initiative.

Some of the topics on the agenda are:

• Current litigation
• An open source security update
• Companies open sourcing their own code
• FCC banning open source in routers

Register for the webinar.

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The Association of Corporate Counsel, the world’s largest community of in-house counsel, will stage the ACC Mid-Year Meeting in New York on April 2-4, 2017.

The event will be at the New York Marriott Marquis Hotel. General Counsel News readers may receive a $200 discount on the registration fee if they register by Feb. 20.

An ACC release says the meeting will help participants prepare for changes in the regulatory landscape with sessions on:

• The impact of evolving regulations and enforcement trends on contracts
• Current and most controversial changes in employment law
• Reducing financial sector regulatory risk

Other activities will include:

• Engage directly with expert faculty
• Connect with your peers through multiple networking opportunities
• Have the opportunity to earn 12-14 CLE/CPD (1 credit Ethics eligible), 14 CCB CEU credits, and 3-4 CPE credits

Register for the meeting.