Image by Gage Skidmore

Former Trump University students who claimed a share of the $25 million settlement that Donald Trump agreed to shortly after he was elected president will recover 80 percent of the money they spent on the real-estate seminars, according to a Bloomberg Law article.

Plaintiffs claimed the university made false promises of riches and instant success. Trump fought the allegations for years but finally agreed to the deal.

“A total of 2,471 claims seeking $21.3 million in refunds had already been verified, according to the filing. With hundreds of claims still being reviewed, the lawyers expect that refund requests will rise to $25 million,” writes Bloomberg’s Edvard Pettersson.

Read the Bloomberg article.

Join Our LinkedIn Group

Bloomberg Businessweek is reporting that a legal feud between pistol tycoon Gaston Glock and his ex-wife, Helga, has ended with a resounding victory for the legendary gunmaker.

Helga Glock had filed a racketeering lawsuit accusing her former husband of siphoning off millions of dollars from the family firearm empire.

The Austrian company Glock GmbH, through its U.S. subsidiary, supplies most American law enforcement agencies with durable, large-capacity semiautomatic pistols, according to reporter Paul Barrett.

Helga Glock sought $500 million as her share in the company for helping start the company on its profitable trajectory in the 1980s. She charged that her ex-husband used illegal methods to take money fom the international corporation.

The federal judge hearing the case said the suit was unsubstantiated and called the complaint a “shotgun pleading.”

Read the Bloomberg article.

Image by Senate Democrats

Senate Democratic opposition to Donald Trump’s Supreme Court nominee swelled Friday as Democrats neared the numbers needed to block Judge Neil Gorsuch with a filibuster, reports the Associated Press.

“Senate Minority Leader Chuck Schumer of New York warned Republicans against changing Senate rules to confirm Gorsuch anyway — a rules change that could prove momentous for the Senate and would allow all future Supreme Court nominees to get on the court regardless of opposition from the minority party,” write Mary Clare Jalonick and Erica Werner.

Democrats worry that Senate Majority Leader Mitch McConnell could respond to a Democratic filibuster by changing Senate rules to allow  a simple majority to determine the nomination, rather than requiring a minimum of 60 votes.

Read the AP article.

Join Our LinkedIn Group

A recent ruling in a New Jersey federal count stated that a contractual term, like an arbitration clause, is binding only when the terms are reasonably conspicuous, rather than in a manner that de-emphasizes its provisions.

Writing in Carlton Fields’ Reinsurance Focus, shareholder Jeanne Kohler described the case involving a Samsung smart watch. The suit accused the company of deceptive marketing and pricing. Samsung moved to compel arbitration, based on an arbitration provision on page 97 of a 143-page “Health and Safety and Warranty Guide” in the watch box.

The appellate court wrote that the clause “did not appear to be a bilateral contract, and the terms were buried in a manner that gave no hint to a consumer that an arbitration provision was within.”

Read the article.

Join Our LinkedIn Group

Pat Collins of Norris McLaughlin & Marcus discusses a recent decision by a New Jersey appellate court that highlights the well-established legal maxim that “when a party enters into a signed, written contract, that party is presumed to understand and assent to its terms.”

Writing in the firm’s employment law blog, Collins covers the case of ADP v. Lynch and Halpin. ADP sued two former employees who had resigned and went to work for one of ADP’s competitors.

ADP claimed they had violated terms of an agreement on a web page outlining incentive stock awards in exchange for the non-compete. Defendants argued that the clause covering the non-compete was merely an online check box that signified that they had read the agreement. It did not say they agreed to the terms, they argued.

The trial court and appeals court found otherwise.

Read the article.

Join Our LinkedIn Group

Trying a high-profile case under the media spotlight is rare for most lawyers, but it is becoming more and more common given the number of new media outlets and the growing public appetite for legal news and information, writes Bruce Vincent of Muse Communications.

“The delicate balancing act of effectively handling a client’s case while also protecting their public reputation is far from easy, but it can be done if you recognize the potential pitfalls and what to expect from reporters,” he explains in the Muse blog.

In his post, Vincent goes through the steps — starting with determining whether media truly are interested in the case, choosing who will communicate with reporters, being aware of which media outlets and individuals reporters are interested, and the challenges of answering questions from reporters while trying to stay focused on the trial.

Read the article.

When a contractor on a project files a bankruptcy case, the property owner and subcontractors have some serious decisions to make, writes   Tracy Green in the California Construction Law Blog.

The blog is a publication of Wendel Rosen Black & Dean LLP.

When a party to a contract files bankruptcy, the other party’s actions are constrained by the bankruptcy code, Green explains.

The article covers the types of bankruptcies involved, benefits of bankruptcy for the debtor, benefits of bankruptcy for the creditor, executory contracts, liens and bonds, getting the work done, preferences, and doing business with a distressed contractor.

Read the article.

Former Texas Supreme Court justice Deborah Hankinson will be honored March 30 with the Distinguished Alumni Award during the University of Texas Dallas Awards Gala.

The UT Dallas Distinguished Alumni Award is the highest honor the school can bestow on its alumni and is presented to individuals who are outstanding in their chosen profession or life’s work.

She earned a master’s degree in special education in 1977 from UT Dallas. With that degree, she became the lead teacher of a groundbreaking Plano ISD program for elementary students with developmental disabilities.

“I have been blessed with a very fulfilling legal career, but my work as a teacher was rewarding in a way that is difficult to express, and it was made possible by the education I received at UT Dallas. Not only did my education help make me a better teacher, it helped lay the foundation for my decision to attend law school,” said Hankinson.

Following her tenure on Texas’ highest court, Hankinson returned to private practice, founding the Dallas-based appellate law firm Hankinson LLP and becoming one of the most widely respected arbitrators, mediators and appellate lawyers and strategists in the state, her firm said in a news release.

Her professional honors include a Lifetime Achievement Award from Texas Lawyer and recognition as a Local Litigation Star from Benchmark Litigation. She has been selected five times among the Top 10 attorneys in the state by Texas Super Lawyers. In 2016 she was selected to The National Law Journal’s inaugural ADR Champions listing, recognizing alternative dispute resolution trailblazers from across the nation.

Hankinson is one of four UT Dallas graduates to be honored as Distinguished Alumni during the 15th annual Awards Gala. For more information, visit www.utdallas.edu/gala.

Join Our LinkedIn Group

Dallas-based litigation boutique Bailey Brauer PLLC has been recognized by BTI Consulting Group as one of the law firms with the “best brand standing” in the country, based on a survey of corporate counsel and executives at the world’s largest organizations.

Bailey Brauer is among the smallest and youngest firms to earn this prestigious recognition, which is an indicator of how likely it is a firm will be considered for new work, according to a news release from the firm. The three-lawyer firm has scored successes in complex commercial litigation and appellate matters since its opening in 2013.

“We started our careers at big firms. So when we launched Bailey Brauer, we maintained that same sophisticated, aggressive form of client representation you expect from a large firm. But as a small firm, we have the added benefit of being able to provide much more individualized service,” said firm co-founder Clayton Bailey.

Selection to the BTI Brand Elite 2017 list is based on in-depth interviews with more than 600 corporate counsel and executives at the world’s largest and most influential companies. Respondents are asked about the law firms they hire and why. Final selection is based on intangibles that differentiate the law firms.

“In the BTI interviews, the GCs are not asked directly about any firm and instead are encouraged to talk about who they turn to for legal help,” said co-founder Alex Brauer. “We built this firm on relationships, and this recognition demonstrates that we have the trust of our clients.”

Join Our LinkedIn Group

President Trump has named Makan Delrahim, a former government antitrust enforcer and corporate lobbyist, to lead the Justice Department’s review of mergers and acquisitions, The New York Times reports.

Companies are hoping that the new Republican administration will be more permissive with mergers than the Obama administration was, writes Cecilia Kang. Trump’s predecessor blocked dozens of blockbuster deals over the past eight years, including AT&T’s bid for T-Mobile in 2011 and Comcast’s merger with Time Warner Cable in 2015.

“Mr. Delrahim, who serves as legal counsel to the president, will be quickly tested in his new position by AT&T’s $85 billion bid for Time Warner, which is set to be reviewed this year. Other mergers under review include Dow Chemical’s bid for Dupont and Bayer’s acquisition of Monsanto,” Kang writes.

Read the NYT article.

The U.S. Supreme Court heard arguments this week over whether to impose limits on the filings of patent lawsuits in a federal court in East Texas with a reputation for friendliness to plaintiffs, according to a New York Times article.

Reporter Adam Liptak writes that more than 40 percent of patent lawsuits are filed in the East Texas federal district.

“In recent years, a single judge based in Marshall, Tex., oversaw about a quarter of all patent cases nationwide, more than the number handled by all federal judges in California, Florida and New York combined,” Liptak writes.

Because the Texas court is a favorite venue of patent trolls, many tech companies filed supporting briefs in the case, TC Heartland v. Kraft Foods Group Brands, No. 16-341. Those companies urged the Supreme Court to limit the places where defendants in patent cases may be sued.

Read the NYT article.

Join Our LinkedIn Group

Valeant Pharmaceuticals International Inc.’s former chief executive officer accused the drugmaker of failing to deliver 3 million shares promised him as part of an exit package, reports Bloomberg.

Michael Pearson resigned in May as the value of Valeant’s shares dropped and it became the subject of U.S. Justice Department and congressional investigations, write David Voreacos and Cynthia Koons.

They report that Pearson is claiming the company promised him 580,676 restricted shares and 2.46 million performance shares. Those shares would have a market value of more than $30 million, although exhibits to the lawsuit suggest the value for Pearson could be higher.

Read the Bloomberg article.

Join Our LinkedIn Group

Julie Campanini has joined Magna Legal Services as a senior litigation consultant in its New York office.

The company provides a suite of in-house services in jury research, litigation graphics, language services, trial presentation and court reporting.

The company said Campanini more than 20 years of experience in a variety of complex matters in all areas of trial consulting and jury research. Her practice is focused on complex commercial litigation and includes intellectual property, antitrust, securities, fraud, contract, product liability, employment, and toxic tort.

She has been published on topics including the importance of witness preparation for depositions and trial; managing the media in high-profile and high-stakes litigation; and theme development in storytelling.

Prior to joining Magna, Campanini was the founder and principal of Trial Insights, LLC. Previously, she practiced with several other national firms, including Litigation Sciences, Inc. and FTI (Forensic Technologies).

“Julie’s tremendous expertise in jury consulting will greatly enhance our New York team’s capabilities,” said Dave Kurzman, Chief Operating Officer of Litigation Consulting. “We are proud to have her on board to continue to build on our award-winning staff.”

Campanini attended the University of Kansas for both her undergraduate and graduate degrees, where she earned her M.A. in Litigation Sciences with an emphasis in Legal Communication.

Join Our LinkedIn Group

Hogan Lovells announced that Lea Ann Fowler will join the firm’s Real Estate practice as a partner in the Denver office.

“Lea Ann has significant ties to the Denver real estate community and a notable reputation for representing prominent investors and lenders on highly complex matters,” said Mark Eagan, Hogan Lovells’ Head of Real Estate for the Americas. “Bringing Lea Ann on board deepens our national platform for our regional, national, and international real estate clients.”

Fowler represents a range of commercial lending institutions, developers, operators, and investors in real estate acquisitions and dispositions, joint ventures, development projects, asset-based lending involving loan origination, restructurings, loan participations, note purchases, and commercial mortgage-backed securitizations.

“I am excited about the opportunity to bring leadership to the Denver real estate team, mentor younger attorneys, and expand my client base nationally and internationally,” said Fowler.

In a release, the firm said:

Fowler has a highly regarded commercial real estate finance practice, representing clients in the origination of multimillion dollar senior and mezzanine structured financings secured by all sectors of commercial real estate, including hotel, mixed use condominium projects, retail, office and industrial portfolios. On the investor side, Fowler advises commercial real estate developers and private equity firms in the structuring and negotiation of large portfolio acquisitions and dispositions and multi-tiered construction and permanent loan transactions, including workouts and restructurings.

“Many of us at Hogan Lovells have known Lea Ann and worked with her for many years,” said Cole Finegan, Regional Managing Partner at Hogan Lovells. “We are very pleased that such a prominent real estate and finance lawyer will now be part of our local, national, and global efforts.”

Prior to joining Hogan Lovells, Fowler was a shareholder at Brownstein Hyatt Farber Schreck, LLP. She earned her J.D. from the University of Denver Sturm College of Law and her B.B.A. in Finance from Southern Methodist University.

Join Our LinkedIn Group

Greensfelder, Hemker & Gale, P.C., announces the expansion of its Chicago office with the addition of three attorneys across the firm’s Securities & Financial Services, Litigation and Intellectual Property groups.

Harris L. Kay joins the Securities & Financial Services industry group as an officer. Daniel C. McCabe is a new officer in the Litigation Practice Group. Ryan J. Yager joins as an associate in the Intellectual Property Practice Group.

“We are excited to welcome Harris, Dan and Ryan to our firm as we continue to expand and enhance the level of services in key practice areas for our clients throughout the Midwest and the nation,” said David B. Goodman, Managing Officer of Greensfelder’s Chicago office. “Together, they bring decades of legal experience and market-specific knowledge that will help us further expand the footprint for Greensfelder in Chicago.”

In a release, the firm said:

Kay counsels financial services firms and individuals regarding a variety of registration, compliance, regulatory and litigation matters. He represents futures commission merchants, introducing brokers, broker-dealers, forex firms, investment advisers, commodity pool operators and commodity trading advisors in regulatory inquiries, investigations and enforcement proceedings before CFTC, SEC, FINRA, NFA and various exchanges.

Kay most recently was a shareholder with Greenberg Traurig, LLP in Chicago. He earned his law degree from the University of Richmond School of Law and his Bachelor of Arts from the College of William and Mary.

McCabe focuses his practice on complex business and commercial litigation matters including insurance coverage, construction, real estate, energy, finance, manufacturing and pharmaceutical industries. He provides service to clients in all phases of commercial litigation and also provides risk management, transactional and general counsel representation. He has successfully litigated cases in state and federal venues throughout the United States, serving as lead trial counsel in multimillion-dollar matters, and has handled mass tort and class action cases nationally and internationally.

McCabe most recently was the managing partner with the former McCabe, Miller & Morrissey LLC in Chicago. He earned his law degree from Chicago-Kent College of Law and his Bachelor of Arts from Northwestern University.

Yager works with clients in a range of industries on matters related to trademark enforcement, trade secret litigation, defense of IP portfolios and other areas of concern for businesses. He also has experience with complex commercial litigation in federal and state courts, handling issues including contract disputes, as well as copyright, trademark and non-compete agreements.

Yager previously served as corporate counsel for a power company, providing legal counsel on the company’s development of power generation and electric transmission infrastructure throughout the United States, as well as managing outside counsel on litigation-related issues. He earned his law degree (magna cum laude) from Saint Louis University School of Law and his Bachelor of Arts (cum laude) from the University of Missouri.

Join Our LinkedIn Group

Thomas F. Bush has joined the Freeborn & Peters LLP’s Chicago office as a partner and member of the Litigation Practice Group and Insurance/Reinsurance Industry Group.

“We are enthusiastic about welcoming Tom to Freeborn and to our team serving the insurance and reinsurance industry,” said Freeborn’s Co-Managing Partner Michael A. Moynihan. “Tom brings to the firm decades of experience handling diverse litigation and other matters for insurers and reinsurers.”

In a release, the firm said Bush has experience in complex litigation involving antitrust, insurance and reinsurance matters. He has been involved in the representation of lawsuits and arbitrations for global reinsurers in disputes arising from large-scale losses. In addition, he represents and counsels insurance companies and investment firms on antitrust compliance and on competition issues arising in mergers and acquisitions.

Most recently, Bush was a partner and co-chair of the Antitrust Litigation Practice Group at Locke Lord LLP in Chicago. He served as a law clerk to Chief Judge Collins J. Seitz of the U.S. Court of Appeals for the Third Circuit. Mr. Bush earned his J.D. from the University of Chicago Law School and his Bachelor of Arts (magna cum laude) from Dartmouth College.

Join Our LinkedIn Group

Michael Best announced that John Sheehan has joined its Environmental & Natural Resources Practice Group as a partner in the firm’s Washington, D.C., office.

Sheehan, who joins from a national firm in Washington, previously served as a senior trial attorney at the U.S. Department of Justice in its Environmental and Natural Resources Division for more than 13 years, during which time he also served as a special counsel to the Assistant Attorney General for the Environment and as a special advisor in EPA’s Office of General Counsel.

“John has more than 30 years of experience in environmental law and corporate litigation – including involvement in some of the most high-profile environmental law cases during that time,” said David Krutz, Michael Best’s Firm Managing Partner. “The combination of his public sector experience at the United States Department of Justice and his private sector experience over the last decade gives him a valuable perspective which will be of great value to clients facing an ever-changing regulatory environment.”

In a news release, the firm said:

Among his cases, Sheehan represented a state government in its lawsuit against BP following the Deepwater Horizon disaster. He regularly counsels municipal and state governments, private corporations, and trade associations in actions brought by environmental regulatory agencies, helping clients navigate complex federal and state regulations.

Sheehan also advises clients in enforcement defense cases and transaction deals under key environmental statutes. He has extensive knowledge of the Clean Water Act, the Clean Air Act, and Superfund.

“Michael Best’s team of environmental lawyers understands the law and the science of regulations while balancing client needs – and the firm is also well known for strategically guiding clients through the entire business cycle,” Sheehan said. “Those are qualities that will be especially important in the months and years ahead, given the momentous changes and challenges in Washington and evolving environmental concerns around the world.”

Sheehan earned his J.D. from Georgetown University Law Center and his B.A. from Georgetown University. In 1994 and 1997, he was awarded the special achievement award from the U.S. Department of Justice. Sheehan also received a special merit award from the U.S. Environmental Protection Agency Office of General Counsel in 2001. In Sheehan’s spare time, he volunteers as a youth basketball coach.

Akerman LLP announced trusts and estates associate Dale Noll has been installed as president of the National LGBT Bar Association, the country’s largest organization of lesbian, gay, bisexual, transgender and allied legal professionals.

During the 2017-2018 term, Noll will preside over the 29th annual Lavender Law Conference and Career Fair, the legal sector’s leading event for lawyers, law students, law firms and government agencies to exchange insights about important issues for the LGBT community. Last year’s Lavender Law conference had more than 1,300 attendees. As president, Noll also will work with the board of directors to advance the National LGBT Bar Association’s mission to promote advocacy and equal access to justice for the diverse LGBT community.

In a news release, the firm said:

Noll has devoted his legal career to advancing the LGBT community. He began his efforts while attending the University of Miami Law School, where he served as co-president of the LGBT student advocacy group OUTlaw. He graduated magna cum laude in 2012 and joined the National LGBT Bar Association as a member of its finance committee for two years. He was later appointed to the board of directors as treasurer and most recently served as president-elect of the organization. Noll also is a former co-chair of the Miami Dade County Gay and Lesbian Lawyers Association and a previous gala committee member of the Broward County Gay and Lesbian Lawyers Network. He regularly speaks on marriage equality and estate planning issues for alternative families and same sex couples.

At Akerman, Noll represents trustees, personal representatives and beneficiaries in a wide variety of fiduciary issues and assists them in their roles as fiduciaries in administering estates and trusts. A particular focus of his practice is the representation of fiduciaries, beneficiaries and other interested parties in high-conflict, complex and high-profile guardianship, trust and probate matters.

Akerman is recognized as one of the nation’s most diverse and inclusive law firms. Advocacy for equal opportunity within the legal profession, as well as within the community at large, is a significant part of the firm’s history. Akerman received its third, perfect 100 percent rating in the 2017 Corporate Equality Index (CEI), the national benchmarking survey administered by the Human Rights Campaign Foundation for workplace inclusion and equality, earning recognition as a “Best Place to Work for LGBT Equality.”

Join Our LinkedIn Group

Dennis Garcia, Microsoft Corp, assistant general counsel, offers an insider’s perspective on how in-house counsel trying to “sell” themselves to their business clients and senior legal department leaders. His observations are published on the Bloomberg Law website.

He starts at the beginning: “Start Strong:”

“Make sure to capture the hearts and minds of in-house counsel at the  very beginning of your pitch. If you do not generate a high level of enthusiasm, energy and compelling reason for in-house counsel to focus on your message early on in your presentation, you will not command their attention and they will lose interest.”

Other observations come under headings such as: know your audience, keep it simple,differentiate, the technology factor, highlight client references, don’t forget cybersecurity, and post-pitch activity.

Read the Bloomberg article.

Join Our LinkedIn Group