Law Firm Not Liable for $1.5B Loan Gaffe

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Entities that loaned General Motors $1.5 billion before it went bankrupt cannot sue GM’s law firm, Mayer Brown, for accidentally canceling the collateral on the loan, the Seventh Circuit ruled.

Courthouse News Service is reporting that the Chicago-based appeals court ruled Wednesday that Mayer Brown has no duty to GM’s lenders because it did not represent them.

The suit was based on a statement drafted by Mayer Brown that mistakenly terminated the collateral securing a $1.5 billion loan. That mistake resulted in the lenders’ loans becoming unsecured, putting their claims behind the claims of secured creditors, writes Lorraine Bailey.

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Ex-WellCare General Counsel Pleads Guilty in Florida Medicaid Case

Reuters is reporting that an ex-general counsel of insurer WellCare Health Plans Inc. pleaded guilty on Wednesday in federal court in Tampa to having made a false statement to Florida’s Medicaid program, prosecutors said, the latest former executive to be convicted in the case.

Thaddeus Bereday, indicted along with four other former WellCare executives in 2011, faces a maximum of five years in prison.

“Bereday’s plea came after the U.S. Supreme Court in April declined to hear an appeal by former WellCare Chief Executive Todd Farha of his fraud conviction for his role in a scheme to cheat the Medicaid health insurance program for the poor,” writes reporter Nate Raymond.

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Shkreli Described by Prosecutors as Spinning ‘Lies Upon Lies’

Pharma Bro Martin Shkreli is a liar who ripped off his clients, a prosecutor told jurors, according to a Bloomberg report.

Reporters Patricia Hurtado and Misyrlena Egkolfopoulou write that his lawyer said the former fund manager may be nuts, but he’s also a genius who made millions for his investors.

Shkreli is accused of fraud in relation to his control of two hedge funds he ran as well as Retrophin Inc., a pharmaceutical company he founded in 2011. Prosecutors characterize him as a con man.

The defense paints Shkreli as an investment genius, prosecutors point out that he repeatedly lost money for investors and lied to them.

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Nasdaq and Center for Board Excellence Announce Partnership

Nasdaq Corporate Solutions, a subsidiary of Nasdaq, Inc., has announced a new partnership with The Center for Board Excellence (CBE), a provider of board assessments and compliance questionnaires.

In the first phase of the partnership, Nasdaq Corporate Solutions will facilitate introductions for users of Directors Desk and Boardvantage – Nasdaq’s board portal and meeting management solutions – to CBE’s cloud-based corporate governance solutions including: board and committee assessments; director peer assessments; CEO and management evaluations; and directors’ & officers’ questionnaires. Later this year, the parties plan to offer an integrated workflow between Nasdaq’s board portal solutions and CBE’s EnGauge™ platform, making it even easier for users to elect to benefit from these CBE offerings.

“Through our new relationship with CBE, the thousands of CEOs, corporate secretaries, general counsels, directors, and board chairs in over 70 countries who rely on Nasdaq Corporate Solutions will gain access to industry-leading corporate governance resources,” said Stacie Swanstrom, Executive Vice President and Head of Nasdaq Corporate Solutions. “We are excited about the prospect of offering our clients a solution that will be designed to streamline the assessment and questionnaire processes for faster, more efficient, and more effective results.”

Since its acquisition of Boardvantage in May 2016, the Nasdaq Corporate Solutions business of Nasdaq, Inc. has invested in enhancements to both the Directors Desk and Boardvantage portals to support better workflows in response to client feedback, the company said in a news release. “This new feature is a continuation of Nasdaq’s commitment to improving our users’ experience by offering solutions that have the potential to impact their productivity both in the boardroom and beyond,” added Matthew Healy, Vice President and Head of Governance at Nasdaq Corporate Solutions.

“CBE is proud to work with Nasdaq Corporate Solutions to deliver solutions for corporate governance excellence on a global scale. Forward-thinking leaders and investors use our metrics and innovative tools to reduce risk and streamline governance,” said Byron Loflin, CEO of CBE.

The news release continues:

About Nasdaq:
Nasdaq (Nasdaq: NDAQ) is a leading global provider of trading, clearing, exchange technology, listing, information and public company services. Through its diverse portfolio of solutions, Nasdaq enables customers to plan, optimize and execute their business vision with confidence, using proven technologies that provide transparency and insight for navigating today’s global capital markets. As the creator of the world’s first electronic stock market, its technology powers more than 90 marketplaces in 50 countries, and 1 in 10 of the world’s securities transactions. Nasdaq is home to 3,800 total listings with a market value of $11 trillion. To learn more, visit: business.nasdaq.com.

About the Center for Board Excellence:
Founded in 2010, the Center for Board Excellence has built the leading platform for board and CEO assessments, plus other governance compliance tasks. CBE’s team of developers, leaders, and attorneys innovate to streamline laborious, costly and previously paper-based processes through its proprietary EnGauge™ cloud-based platform. CBE’s solutions create efficiencies that save directors, in-house counsel and governance professionals substantial time, effort, and money, helping drive strategy and improve the total quality of compliance and governance. For more information, please visit the company’s website at www.boardevaluations.com.

 

 

 

 




DLA Piper Victim of Massive Malware Attack

Bloomberg Law reports that the global law firm DLA Piper fell victim on Tuesday to a widespread cyber attack, which reportedly disabled networks at dozens of companies.

“The firm, like many other reported companies, has experienced issues with some of its systems due to suspected malware. We are taking steps to remedy the issue as quickly as possible,” according to a statement the firm posted on its website.

“But calls and emails to the firm either failed or went unanswered. The U.K.’s Legal Week reported that the attack had ‘knocked out phones and computers across the firm,’ including in Europe, the Middle East and the U.S.,” writes Gabe Friedman.

The Petya virus has been spreading, locking companies out of their networks and demanding a ransom in cryptocurrency to unlock them.

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Class Action Accuses Steptoe & Johnson of Gender Bias

A former associate filed a national class action against Steptoe & Johnson, claiming the giant law firm pays only lip service to gender equality, but has a male-dominated leadership that discriminates against women in pay and promotions, according to a Courthouse News Service report.

Ji-In Houck, of Los Angeles, says her starting pay at the firm as a contract attorney was barely half the $165,000 that inexperienced male lawyers made — though she had come to Steptoe with two years of experience in civil litigation.

“During her three years in Steptoe’s Century City office, her salary typically was 30 percent to 40 percent less than male lawyers with comparable experience, she says in her June 22 complaint,” writes Don Debenedictis. “When she left in March 2016, she was earning $200,000 a year, compared to the $230,000 paid to men at her level.”

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The Litigation Storm Around President Trump

Donald Trump

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Liberal activists are thrilled to be suing President Donald Trump, reports Bloomberg Law.

The article by Paul Barrett and Dune Lawrence quotes Norman Eisen, the chief White House ethics lawyer for President Barack Obama: “The reason you’re seeing a proliferation of lawsuits against President Trump is that he brought his lifelong contempt for the rule of law with him to the Oval Office.”

A varied collection of plaintiffs accuse Trump of improperly profiting from private businesses such as his Washington hotel, which has been patronized by officials from Saudi Arabia, Kuwait, and other countries.

“Yet another legal challenge has blocked a separate executive order cutting off certain federal funds from ‘sanctuary cities,’ which refuse to have their police departments help federal authorities target immigrants for deportation,” the authors report.

Even some stare and local governments are taking Trump to the courthouse.

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The Importance of Having an Anti-Retaliation Policy When Conducting an Investigation

Employers are obligated to investigate certain discrimination complaints and they are required to prevent retaliation, advises Natalie Lynch of Lynch Service Company. The problem comes when employers investigate workplace affairs without a worthwhile non-retaliation policy.

In an article posted on the company’s website, she explores the interplay between non-retaliation policies and workplace investigations.

She discusses what can result when no anti-retaliation policy is in place, the relevant laws, and the importance of establishing clear policies.

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James Aycock Receives Distinguished Probate Attorney Lifetime Achievement Award

Langley & Banack, Inc. attorney James Aycock received the 2017 Distinguished Probate Attorney Lifetime Achievement Award from the Real Estate, Probate and Trust Law Section of the State Bar of Texas. The honor was presented to Aycock at the Advanced Estate Planning & Probate course in Houston on June 8, 2017.

Aycock is board certified in estate planning and probate law by the Texas Board of Legal Specialization. He served as the Estate and Gift Tax Editor and Editor in Chief of the Reporter published by the Real Estate, Probate and Trust Law Section of the State Bar of Texas, and is a Past Chair of that section. Aycock is a Fellow of the American College of Trust and Estate Counsel. He is a frequent author and speaker on estate planning and probate topics, and has been practicing in this area for more than 30 years.

Aycock received both his B.A. and his J.D. from the University of Texas at Austin.

“Jim’s professionalism coupled with his client-centric style and vast knowledge of the law make him one of the best estate attorneys in Texas,” said Art Bayern, Langley & Banack Shareholder. “The Lifetime Achievement Award is a much-deserved nod to a man who is known for those skills by the entire legal community, and I am honored to call him my partner and friend,” Bayern continued.

Bayern received this award in 2004.

 

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LexisNexis Launches Lexis Answers, Bringing AI Capabilities to Legal Research Platform

LexisNexis Legal & Professional has launched Lexis Answers, a new artificial intelligence (A.I.) enhancement within its flagship Lexis Advance offering, the company announced.

“Using powerful machine learning, cognitive computing and advanced natural language processing technologies, Lexis Answers transforms legal research by understanding the user’s natural language question and delivering the clearest, most concise and authoritative answer, in addition to finely tuned, comprehensive search results,” the company said in a news release.

The release continues:

Unlike traditional search approaches, which require users to translate their query into key words or use Boolean syntax, the Lexis Answers service allows users to enter their query in the form of a natural language question. With the input of a couple of words, the Lexis Answers service can begin anticipating and recommending Suggested Questions to the user. After analyzing millions of annotated legal documents and other content, Lexis Answers delivers the single best possible answer via a Lexis Answer Card. Each Lexis Answer Card links directly to the specific text within the document—rather than just the document itself—significantly speeding up the research process for common legal questions.

“Lexis Answers represents a paradigm shift in legal research. By delivering specific and actionable answers at the top of their search results, we’re saving users effort previously spent analyzing pages of search results and legal documents—enhancing their workflow and empowering them to get more done in less time,” said Sean Fitzpatrick, Managing Director of North American Research Solutions at LexisNexis. “Whether users need answers to common legal questions or they seek deeper insights into more complex queries, Lexis Answers makes it easier and faster to get the specific information they seek.”

Advancing more accurate and complete research, this new A.I. capability suggests related topics that help users logically and intuitively expand their search. It also delivers more comprehensive “traditional” search results tailored to the user’s question and can be further refined using robust filtering options. All of the words within the search question, and added equivalents, are highlighted within the search results and full-text results documents—making it easier for users to find information and determine relevance.

“Today’s announcement of Lexis Answers showcases the significant investments LexisNexis has made in pursuing advanced technologies that transform legal research to better meet the needs of the data-driven lawyer,” said Jeff Pfeifer, vice president of Product Management at LexisNexis. “And our work with Lexis Answers is just beginning. Over time we plan to refine and build this technology out to make it more sophisticated, more inclusive and smarter—delivering a service that actually learns from our users in order to surface the answers they need, save them time and provide even greater actionable insights.”

A.I. technologies have been an important part of the LexisNexis product portfolio for many years. In 1990, LexisNexis pioneered the use of machine learning, and in 1993, launched its first data visualization application—decades before the mainstream use of these technologies. Since these initial forays, LexisNexis has been actively pursuing natural language processing, text-mining, machine learning and other advanced capabilities to deliver state-of-the-art technology to customers and advance legal research into the future. A.I.-enhanced products from LexisNexis include Lexis Advance, Lexis® Litigation Profile Suite, LexisNexis MedMal Navigator®, the Lex Machina® Legal Analytics® platform, Ravel Law and Intelligize®.

Lexis Answers was developed by a team of experts at the LexisNexis Raleigh Technology Center. LexisNexis created its Raleigh, NC based cognitive computing center of excellence in 2015. This group is dedicated to developing artifical intelligence solutions for data-driven lawyers. A team of data scientists, computational linguists, advanced engineering and product management professionals will develop a series of A.I.-powered solutions releasing throughout 2017 and beyond.

Lexis Answers is now available to Lexis Advance subscribers at no additional cost.

 

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Bailey Brauer Helps Secure Appellate Win in Texas Partnership Liability Battle

In a decision relying on the Fifth U.S. Circuit Court of Appeals’ application of a 19th century court ruling to Texas general partnership liability law, an agricultural wholesaler will be allowed to enforce a judgment against individual partners of a defunct agribusiness partnership.

The partners of G&K Farms, a North Dakota-based general partnership formed in 2008 to farm land in Texas, amassed debts of nearly $650,000 to Crop Production Services. G&K partners John and Dawn Keeley and Thomas Grabanski made payments on the debt until Grabanski and his wife filed for bankruptcy in 2013.

A default judgment was issued in 2014 against G&K Farms totaling more than $1.3 million, with a subsequent judgment also issued against the Keeleys based on their derivative liability as partners.

In their efforts to vacate the judgment, the Keeleys relied on the 1872 U.S. Supreme Court ruling in Frow v. De Le Vega, which they felt protected them from individual liability after Keeley avoided a finding of liability based on a guaranty he signed. Frow v. De Le Vega determined that when there are multiple defendants, if some parties present a defense and win, then the ruling can be applied to defaulting parties under certain circumstances.

“The courts had already found that there was no logical application of Frow in this case. It was simply a very thinly veiled attempt by the Keeleys to avoid their responsibilities as partners in repaying the general partnership’s debts,” said CPS’s lead appellate attorney Clayton Bailey of Dallas’ Bailey Brauer PLLC. “Crop Production Services’ trial attorneys, John Mark Stephens and Abel Leal, did a terrific job in the trial court demonstrating that the Frow doctrine did not apply.”

“This has been a protracted battle that should have been settled years ago. Nevertheless, this is a big win for CPS,” said Stephens of the Dallas law firm Johnson Stephens & Leal, PLLC, who represents CPS at trial along with partner Leal. “We are gratified that the Fifth Circuit saw through this smoke screen and affirmed the ruling of the district court.”

 

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Michael Best Names Eight Attorneys to Partnership

Michael Best & Friedrich LLP announced eight attorneys have been promoted to the firm’s partnership. The new partners are Michael D. Bess, Benjamin E. Evans, Benjamin T. Johnson, Laura M. Konkel, Michelle E. Kouba, Paulette M. Mara, Justin M. Mertz, and David J. Trautschold.

Michael D. Bess (Chicago) is a member of the Litigation Practice Group serving as a strategic counselor in complex commercial and criminal cases. Bess has significant drafting expertise and has proved instrumental in securing case dismissals, defeating class certifications, and preserving or reversing judgments on appeal. Bess’s experience spans a wide variety of fields, including securities and consumer fraud class actions, product liability, employment discrimination, white collar, criminal, civil rights, environmental, False Claims Act investigations, and state common law actions.

Benjamin E. Evans (Madison) is a member of the Intellectual Property Practice Group whose practice focuses on preparing, filing, and prosecuting U.S. and international patent applications in the mechanical arts field. Evans provides a broad array of IP legal advice, including reviewing patentability and clearance searches, conducting due diligence and infringement analyses, attacking competing patents and defending clients’ patents through inter partes reviews and ex parte reexaminations, and responding to U.S. Patent and Trademark Office actions.

Benjamin T. Johnson (Chicago) practices in the Labor & Employment Relations Practice Group and defends employers against employment discrimination claims. Johnson has particular experience defending against Americans with Disabilities Act (ADA) claims and counseling on ADA issues such as reasonable accommodation and service animal requests. He also advises on wage and hour matters, including auditing employee classifications to minimize potential employer liability, and defends clients against class action litigation. An experienced litigator, Johnson handles claims under Title VII, the ADA, Age Discrimination in Employment Act, Fair Labor Standards Act, Family and Medical Leave Act, and related state and local laws.

Laura M. Konkel (Madison) is a member of the firm’s Intellectual Property Practice Group and handles all aspects of trademark and copyright prosecution and enforcement. Konkel counsels clients on trademark selection and protection issues in the U.S. and internationally, including clearance, prosecution, maintenance, licensing, due diligence, and enforcement, including opposition, cancellation and infringement proceedings before the U.S. Trademark Trial and Appeal Board and global courts and trademark offices.

Michelle E. Kouba (Chicago) is a member of the Intellectual Property Practice Group handling all aspects of U.S. and international trademark law. Kouba helps clients build and protect their IP portfolios while providing actionable advice on brand management. She focuses her practice on clearance, prosecution, and enforcement matters and has experience handling proceedings before the Trademark Trial and Appeal Board and coordinating foreign trademark enforcement and litigation for clients based in the U.S. and around the world. Kouba also has assisted clients protect their proprietary rights on the Internet including matters involving domain-name disputes.

Paulette M. Mara (Washington, D.C.) is a member of the firm’s Transactional Practice Group and Life Sciences Industry Group. She is experienced in representing pharmaceutical, medical device, biotech, and healthcare companies in regulatory, transactional, and litigation matters. Mara is known for bringing a strategic and practical approach to her work within the life sciences, agribusiness, and financial services industries, with a focus on FDA regulatory matters, research and development, intellectual property licensing, co-development and co-promotion strategic alliances, privacy, compliance, litigation, and product protection.

Justin M. Mertz (Milwaukee) is a member of the Corporate & Transactional Practice Group providing strategic counseling to businesses on bankruptcy, commercial loan negotiation, and real estate. Mertz negotiates and drafts complex contracts, especially in the area of commercial and residential real estate, and performs the financial and cash flow analyses that inform successful business strategies and decisions. He also represents clients in general litigation matters, including non-compete agreements, real estate developments, condominium disputes, and tax liabilities for distressed companies. His extensive courtroom experience comprises cases on both federal and state levels.

David J. Trautschold (Milwaukee) practices in the Intellectual Property Practice Group and helps clients obtain patents and manage their intellectual property portfolios. Trautschold has a biomechanical engineering background and has deep experience with consumer products. He has experience drafting utility and design patent applications, prosecuting patent applications to allowance, conducting right-to-use and patentability searches, analyzing patents for validity, developing global patent filing strategies, enforcing IP rights against competitors, and defending clients from infringement allegations through non-infringement positions and post-grant proceedings.

 

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Blank Rome Welcomes White Collar Defense & Investigations Partner in Philadelphia

Blank Rome LLP announced that Mark M. Lee has joined the firm as a partner in the white collar Defense & investigations practice in the Philadelphia office. He joins from Schnader Harrison Segal & Lewis LLP where he was chair of the firm’s white collar defense and corporate investigations practice group.

In a news release, the firm said:

Formerly an Assistant United States Attorney (AUSA) for the District of Delaware, Lee has a traditional white collar defense practice, counseling his clients on everything from pre-indictment negotiations to plea negotiations and trials. He assists both private and public sector entities in internal investigations, and offers them compliance counseling. Mr. Lee regularly acts as an interface between his clients—both businesses and individuals—and the government agencies with which they come into contact.

“We are very excited to welcome Mark to the Firm,” said Alan J. Hoffman, Chairman and Managing Partner. “Mark has built a highly regarded practice and he is well-respected in the legal and business communities. Several of us at Blank Rome have known Mark for a number of years and I’m confident that his approachability and eagerness to collaborate across practices will further enhance our white collar group.”

As an AUSA, Mr. Lee organized and directed complex investigations. He has managed federal grand jury investigations and white collar criminal prosecutions in a wide variety of matters, including money laundering, public corruption, tax evasion, financial institution and mortgage fraud, and theft of identity, ERISA, and government funds. He has tried cases before the United States District Court for the District of Delaware and the United States District Court for the Eastern District of Pennsylvania, and has successfully filed nine appellate briefs before the Third Circuit Court of Appeals. Notably, Mr. Lee recently defended a sitting U.S. congressman on multiple criminal charges, such as RICO, bank fraud, wire fraud, bribery, obstruction of justice, and money laundering.

Additionally, Mr. Lee has directed several federal investigations involving various technologies, including peer-to-peer software applications, social networking websites, and wireless and mobile networks and devices. His background also includes digital and computer forensic investigations.

“At his core, Mark is a problem solver,” said Shawn M. Wright, Co-Chair of the White Collar Defense & Investigations practice. “Whether at trial or in negotiations, Mark is a relentless advocate for clients, consulting with the respective agency or prosecutorial authority and resolving compliance issues under government scrutiny. Our group and our clients will undoubtedly benefit from Mark’s experience and perspective. We’re thrilled to have him on the team.”

In addition to his white collar practice, Mr. Lee also advises clients on matters concerning cybersecurity and data privacy, including assessments of policies and procedures, data breach preparation, and breach response and remediation.

“Blank Rome’s white collar defense & investigations practice group has a deep bench of exceptional attorneys,” said Mr. Lee. “I look forward to collaborating with attorneys across the Firm’s practices and offices to service my existing clients and strategically expand my practice. This is a perfect fit.”

Outside of his legal practice, Mr. Lee is a mentor to the youth in his community and serves on the Board of Directors of the National Black Child Development Institute. Mr. Lee’s pro bono and community investment activities center on education. For example, during his time as an AUSA, Mr. Lee coached a high school mock trial team in Delaware.

Mr. Lee earned his J.D. from Temple University Beasley School of Law, and his B.A. from the University of North Carolina at Chapel Hill.

 

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Vault Releases List: Top 100 Law Firms for Prestige for 2018

Vault’s Law 100 Rankings for 2018 are are topped by a returning champion.

Cravath, Swaine & Moore is once again the most prestigious firm. It widened its lead over Wachtell, Lipton, Rosen & Katz, which had previously enjoyed a 13-year reign at the top, reports Vault’s Matt Moody.

“Survey respondents called Cravath the ‘leader of the pack’ and the ‘great American law firm against which all others should be judged.’ Cravath increased its score from 8.961 to 9.056, while Wachtell, described as the ‘M&A legends,’ saw its prestige score drop slightly from 8.904 to 8.788,” according to Moody.

Vault based its ranking on scores from nearly 18,000 law firm associates surveyed earlier this year, who were asked to rate law firms on a scale of 1 to 10 based on prestige.

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Unsigned Contract = No Proper Insurance Coverage

Commonsense Construction Law reports on a case in which an unsigned contract meant that the contractual liability exclusion in the subcontractor’s insurance policy would control, since there was no obligation “assumed in a contract or agreement . . . [where the claim] occurs subsequent to the execution of the contract or agreement.”

Stan Martin wrote the article.

“And this was not just a matter of having an agreed contract form which the parties never got around to signing,” he explains. “The subcontract at issue stated that it ‘is not valid without the Subcontractor General Conditions Version 2012-003 signed and agreed to by all parties.’ There was no dispute that the parties had not signed the general conditions.”

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What Does Your Reservation Clause Mean?

Locke Lord partner Martin Gibson (Austin) and associate Kerstie Moran (Houston) co-authored an article examining a decision by the San Antonio Fourth Court of Appeals in Webb et al. v. Martinez in a property dispute including reservations of a mineral estate.

The article was originally published by the National Association Of Division Order Analysts.

“This decision further emphasizes the importance of properly phrasing a reservation clause, as to avoid inadvertently granting an interest in a mineral estate. The Webb Court demonstrates the way in which courts consistently interpret grantor’s intent based on the plain language of the deed,” according to the authors.

The appellate court affirmed the trial court’s take-nothing summary judgment regarding a property dispute in favor of Martinez. Webb had owned the entire surface and 75% of the mineral estate. The remaining 25% of the mineral estate was owned by a third party. Webb agreed to sell the entire property to Martinez through a contract of sale. The 1998 deed included a reservation clause that was at the heart of the litigation.

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Drafting and Negotiating IP & IT Provisions in M&A Transactions

WebinarPractical Law will present a free 75-minute webinar with Rita Berardino, Senior Legal Editor, Practical Law Intellectual Property & Technology, and presenters from Wilson Sonsini Goodrich & Rosati, who will discuss IP and information technology (IT) considerations in drafting and negotiating M&A agreements.

The event will be Wednesday, June 28, 1-2:15 p.m. EDT.

Intellectual property and technology assets have become increasingly significant components of a company’s business strategy and the focus of many M&A transactions, the company says on its website.

Topics will include:

  • Common structures for M&A transactions.
  • Key IP and IT provisions of M&A transaction documents, including:
    • Drafting and negotiation of IP and IT provisions.
    • How courts have interpreted these provisions.
  • Key ancillary IP and IT agreements, including licenses and assignments.

A short Q&A session will follow.

Presenters:

  • Manja Sachet, Partner, Wilson Sonsini Goodrich & Rosati
  • Jason Greenberg, Associate, Wilson Sonsini Goodrich & Rosati
  • Jennifer McGrew, Associate, Wilson Sonsini Goodrich & Rosati
  • Rita Berardino, Senior Legal Editor, Practical Law Practical Law IP&T (Moderator)

Register for the webinar.

 

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Michigan Employment Attorney Andrey Tomkiw Joins Dinsmore in Detroit

Andrey Tomkiw, former managing member of Michigan business boutique law firm Tomkiw Mackewich, plc., has joined Dinsmore as a labor & employment partner.

In a news release, the firm said Tomkiw counsels business owners on a range of issues including litigation avoidance, general corporate matters, and sophisticated employee relations. He has represented business owners in front of numerous state and federal agencies, including the EEOC, NLRB, MDCR, UIA, MIOSHA, MERC, OFCCP and the DoL. He’s highly skilled in developing and implementing litigation avoidance strategies, and he’s a staunch client advocate when matters go to trial.

Tomkiw is an active member of the local business and legal community, recognized as a top attorney in the state of Michigan for eight consecutive years and holds an AVVO 10/10 Superb Rating.

“I spoke with several firms, but Dinsmore seemed to be the best fit. The addition of my practice gives our firm increased visibility and opportunities to better serve [Michigan] clients,” Tomkiw said.

Tomkiw assures his current clients they can expect the same level of counsel, attention to detail and value at Dinsmore that he has provided in the past and he looks forward to continue serving their future legal needs.

 

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International Association of Defense Counsel Publishes Defense Counsel Journal Spring 2017 Edition

The International Association of Defense Counsel (IADC) has announced publication of the spring 2017 edition of its Defense Counsel Journal (DCJ), which is available for free and without a subscription to IADC members and non-members via the IADC’s website, www.iadclaw.org.

The spring 2017 edition is available at www.iadclaw.org/publications-news/defense-counsel-training-manual/.

Published in its first edition in 1934 as the Insurance Counsel Journal, the DCJ is a forum for topical and scholarly writings on the law, including its development and reform, as well as on the practice of law in general. The DCJ is published quarterly and is frequently and favorably cited by courts and other legal scholarship.

“This year, for the first time, we are making the IADC’s acclaimed Defense Counsel Journal free and accessible to anyone via our website to meet demand for the publication and to more easily share our members’ insights on timely legal practice issues with the broader legal community,” said John T. Lay, Jr., IADC President and a shareholder at Gallivan, White & Boyd, P.A.

A 2,500-member, invitation-only organization, the IADC serves its members and their clients, as well as the civil justice system and the legal profession. The organization maintains a leadership role in many areas of legal reform and professional development, the association said in a news release.

“We are very excited about the new distribution model for our Defense Counsel Journal,” said Michael Franklin Smith, IADC member and current editor of the DCJ, as well as a shareholder at McAfee & Taft. “The new spring issue offers scholarly, in-depth review and analysis for engaging attorneys and enhancing their understanding of current legal trends and timely issues that they may face in diverse practice areas.”

The spring issue of the DCJ includes analysis of the following topics:

– Why the majority of jurisdictions in the United States have rejected the product line theory of liability, along with a 50-state review of the case law addressing the theory;

– The rapidly evolving defense of lack of personal jurisdiction since the U.S. Supreme Court’s 2014 opinion in Daimler AG v. Bauman;

– Case law discussing insurance coverage for malicious prosecution under comprehensive general liability policies and the policy exclusions that can affect that coverage; and
The development and evolution of judicial notice, a tool that can greatly increase the efficiency of certain kinds of proof if used properly.

 

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Making Your Law Firm Media Savvy from Top to Bottom

President Donald Trump’s complaints about anonymous media sources and unauthorized White House news leaks are symptoms of a lack of planning that offers an important lesson in crisis communications for law firms, writes Bruce Vincent of Muse Communications.

“If the President or his emissaries had properly established a few key rules and a solid media game plan before the inauguration, it’s possible that Team Trump would be spending a lot more time advancing the administration’s policies rather than responding to media bombshells,” according to Vincent.

His advice for the administration includes: establish a media chain of command, treat a crisis communications like a fire drill, managing expectations, and conducting a crisis communications follow-up.

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