Hunton & Williams LLP has posted an on-demand webinar discussing the Securities and Exchange Commission’s recently released cybersecurity guidance.

For the first time since its last major staff pronouncement on cybersecurity in 2011, the SEC has released new interpretive guidance for public companies that will change the way issuers approach cybersecurity risk, the firm says on its website.

Presenters are partners Lisa Sotto, Aaron Simpson and Scott Kimpel, and senior associate Brittany Bacon. They discuss the new guidance, along with changes in regulatory obligations under EU law with respect to the upcoming GDPR and historical SEC enforcement actions related to cybersecurity.

Watch the on-demand webinar.

Hundreds of lawyers and financial consultants involved in the $42 billion corporate restructuring of Energy Future Holdings, once the largest power supplier in Texas, have been paid a gusher of cash, and more huge paydays may be in the works, reports The Houston Chronicle.

Mark Curriden of The Texas Lawbook writes that the law firms, banks and consultants working on the EFH case have received more than $600 million, making it one of the most complex and expensive corporate bankruptcies in U.S. history. For comparison, similar fees in the Enron bankruptcy topped $700 million.

“The total fees for all the professionals – for the lawyers, bankers, accountants, restructuring experts for all the companies involved – will probably hit $1 billion,” EFH General Counsel Andy Wright told The Texas Lawbook in an exclusive interview.

Read the article.

An article by two Hogan Lovells lawyers and published by Lexology outlines some of the due diligence steps to take in the age of blockchain age of smart contracts.

Authors of the article are Theodore J. Mlynar and Ira J. Schaefer.

They discuss the need for a traditional analysis of the proposed transaction and negotiated terms, a source code analysis, and the advice that the proposed smart contract be run on a simulator to see how it operates in response to expected and unexpected messages from users and other contracts..

Read the article.

When considering an arbitration clause in a contract, one must always bear in mind the “separability” or “independence” of the arbitration agreement — the autonomy principle, writes Narges Kakalia in the ADR: Advice From the Trenches blog of Mintz Levin.

She asks: “For example, should a plaintiff be compelled to arbitrate a dispute if the contract containing the ADR clause has expired? What if the contract containing the arbitration clause is unconscionable as a matter of public policy? A plaintiff may nonetheless be compelled to arbitrate in order to resolve his dispute, as illustrated recently in a decision by the U.S. District Court for the Northern District of Texas.”

She discusses Athas Health, LLC v. Giuffre and explains how the court reached its decision.

Read the article.

America’s favorite sport is at the center of a legal battle between divorced Pittsburgh parents. John Orsini wants their youngest son, who has a history of concussions, to stop playing high school football out of a concern for his safety. However, his ex-wife says their son understands the risks and supports his choice to keep playing. Since the divorced couple cannot agree on terms, the fight has ended up in family court, where a judge has preliminarily allowed the boy to continue to play.

In a post on the website of Androvett Legal Media & Marketing, Dallas family law attorney Lon Loveless of Orsinger, Nelson, Downing & Anderson, LLP says when divorced parents cannot agree on issues involving their children, the judge in the case is asked to serve as the tiebreaker. Ultimately, he says, the decision will come down to what is best for the child.

Loveless explains:

“Due to the teen’s past concussion history, there is obviously an increased concern about him continuing to engage in contact sports. Although the parents want to be able to make this decision, because they cannot agree, this is a decision that will be left to the court. Even though he is 17, he is still considered a minor and therefore must abide by the court’s decision, but it has been my experience that because of his age a judge will most likely consider the boy’s input in making his ruling. But ultimately, the paramount issue for the court is what is in the best interest of the child. The court will undoubtedly seek input from medical professionals about the likelihood, and potential long-term impact, of another head injury. That input, not the wishes of either parent, will likely carry the most weight in this case.”

Amazon.com Inc. cut ties with two of Washington’s biggest lobbying law firms and brought on new advisers following passage of the tax overhaul bill last year and in the face of new challenges in the age of President Donald Trump, reports Bloomberg Politics.

The shakeup occurred shortly before Trump briefly sent Amazon’s stock tumbling when he tweeted that Amazon doesn’t pay enough in state and local sales taxes, hurts retailers and gets an unfair edge on the back of the U.S. Postal Service.

“Amazon ended its relationship with Akin Gump Strauss Hauer & Feld LLP, the law firm that attracts more lobbying revenue than any other K Street operation, and Squire Patton Boggs, last Friday, according to a person familiar with the decisions,” write Ben Brody, Spencer Soper and Jennifer Jacobs.

The reporters add that their source told them Amazon hired Paul Brathwaite of Federal Street Strategies LLC and Josh Holly of Holly Strategies Inc.

Read the Bloomberg Politics article.

Exxon Mobil Corp.’s attempt to derail a multistate fraud investigation into the company’s public comments about climate change flamed out in a New York court, according to wire services, via The Dallas Morning News.

The report says a U.S. district judge in New York on Thursday dismissed Exxon’s lawsuit claiming officials in New York and Massachusetts conspired with environmental groups in planning the securities-fraud probe and made up their minds about its outcome before it started.

Judge Valerie Caproni said in her ruling that Exxon’s tactic of suing in federal courts in New York and Texas to stop the state probes “running roughshod over the adage that the best defense is a good offense.”

Read the Dallas News article.

Bloomberg is reporting that Barclays Plc agreed to pay $2 billion to settle a probe into how it sold the sort of mortgage bonds that fueled the financial crisis, securing a penalty less than half of what U.S. authorities originally demanded.

Reporters Stephen Morris and Gavin Finch explained: “The British lender was the only bank to push back against the size of the settlement demanded by the Justice Department, prompting the prosecutor to file a lawsuit in the waning days of the Obama administration in 2016. The DOJ wanted a fine of about $5 billion, but the bank refused to pay any more than $2 billion, Bloomberg news reported in 2016.”

Two former executives at the bank, Paul Menefee and John Carroll, also settled Thursday and agreed to pay $2 million to resolve claims without admitting wrongdoing.

Read the Bloomberg article.

Michael B. Pullano has joined Segal McCambridge Singer and Mahoney, Ltd. as a shareholder in the firm’s Philadelphia office.

“Mike has extensive litigation experience, the utmost integrity and the ability to contribute significantly to realizing our shared vision for the firm’s continued national growth,” said Mark Crane, Segal McCambridge managing shareholder.

Pullano focuses his practice on complex catastrophic injury cases in the products liability realm and in the defense of professional negligence matters. He has represented manufacturers and suppliers of heavy construction equipment, including fuel dispensers, refuse collection vehicles, and Liquified Propane Gas pumps and compressors.

“With Segal McCambridge’s nationally recognized reputation defending products cases, I knew joining the firm would allow me to better serve my clients who have a national presence,” said Michael Pullano. “Sharing in Segal McCambridge’s commitment to client service, joining the firm was the natural next step for me.”

In a release, the firm said Pullano has represented architects, engineers, attorneys and municipal professionals, including prosecutors and police officers in professional liability cases. His clients include public and private entities, including Fortune 500 companies, as well as individuals. He also has experience defending employment claims, and in defamation and civil rights matters.

Pullano previously was with Weber Gallagher in Philadelphia. Prior to his work in civil litigation, he worked as an assistant district attorney in Philadelphia. He received his J.D. from Illinois Institute of Technology, Chicago-Kent College of Law and his B.A. from Catholic University in Washington, D.C.

Adam Ettinger has joined FisherBroyles, LLP as a partner and co-chair of its FinTech and Blockchain practice group, based in the firm’s Los Angeles and Palo Alto, Calif., offices.

“Adam is one of the most highly regarded attorneys practicing in the blockchain space, and our clients will benefit greatly from the significant experience and additional bench strength that he brings to FisherBroyles,” said Michael Pierson, FisherBroyles partner and co-chair of the FinTech and Blockchain practice group, based in the firm’s New York office. “Our FinTech and Blockchain practice group has quickly become one of the largest and most multidisciplinary of its kind at any law firm, serving as the ‘go-to’ counsel for many companies and entities operating in or investing in the fintech and blockchain space.”

In a release, the firm said the FisherBroyles FinTech and Blockchain practice group includes partners who are alumni of the SEC, Goldman Sachs, Deutsche Bank, and other premier investment backs, and have joined from America’s top law firms including Wilmer Hale, Morgan Lewis, Sheppard Mullin, Sidley Austin, Baker & McKenzie, Wilson Sonsini, and Cravath, Swaine & Moore, LLP. The team advises banks, broker-dealers, investment funds, exchanges, technology developers, wallet providers, and other companies making new and exciting uses of blockchain technology. To do so, the team includes partners from different practice groups including securities and private equity, data security and privacy, fund formation, intellectual property, real estate, and technology. They help clients invest in, fund, develop and market the innovative services and products that are revolutionizing the financial services and technology industries.

Kimberly Dempsey Booher, managing partner of FisherBroyles’ Los Angeles and Palo Alto offices, added, “We are thrilled to welcome Adam to our Los Angeles and Palo Alto offices, where we continue to strategically grow our team of highly experienced attorneys in key areas such as data security and privacy, intellectual property, litigation, corporate, real estate and insurance, among others.”

Ettinger said, “I am honored to join and help lead this top-caliber team. Since my first bitcoin technology development agreement in 2012, I have sought to work with the most innovative companies involved in blockchain technologies, and the smartest, most well-educated and experienced attorneys in the space. I am excited for the opportunities we have to help clients achieve success.”

Prior to joining FisherBroyles, Ettinger was a partner and co-leader of the Blockchain Technology and Digital Currency Team at Sheppard Mullin in Los Angeles. He focuses his practice on venture capital and angel financing, technology development, hardware manufacturing, channel relationships, licensing, and privacy for companies involved in many technologies including blockchain and digital currencies, social gaming, Internet advertising, mobile apps, ecommerce, SAAS, semiconductors, and networking. His clients have included AMD, Apple, BitGo, Brave, Comma.ai, DeviceScape, Fakespace, Get Satisfaction, Intel, Internet Devices (acquired by Alcatel), Lightning Labs, Magma Design, MasterCard, New Enterprise Associates, Network Solutions Inc., Nimble Collective, Orchestria (acquired by CA), S3 (acquired by HTC), Self Aware Games (acquired by Big Fish), Tivo, and Undertone Networks. He has represented investors in investments including Hootsuite, Houzz, The Social+Capital Partnership, and SpaceX.

Before Sheppard Mullin, Ettinger was an attorney at Pillsbury Winthrop Shaw Pittman LLP and served as lead corporate counsel for SmartAge.

The firm said Ettinger frequently writes and speaks on fintech and blockchain technology topics. He recently has presented on blockchain-related legal issues at the UCLA School of Law, Consensus 2017, the FinTech SV Cryptocurrency Law Panel, the State of Digital Money Conference, the USC Marshall School of Business (Lloyd Greif Center for Entrepreneurial Studies), the American Conference Institute’s Blockchain & Distributed Ledger Technology Conference, the American Conference Institute’s ACI Crypto Virtual and Digital Currency Conference, and the APEX All Payments Conference.

Dallas litigation boutique Estes Thorne & Carr announced that firm attorneys Katherine Anand, Lindsay Daye Barbee, and Terah Moxley are among those honored on the 2018 list of Texas Rising Stars.

This is the sixth consecutive year Anand has been selected based on her business litigation work. She earned her law degree from the Notre Dame Law School.

Barbee is being honored for the third time by Texas Rising Stars for her work in family law. She earned her law degree from the Southern Methodist University Dedman School of Law.

Moxley, recognized for her employment litigation defense work, is making her first appearance on the Rising Stars list. She is board certified in Labor and Employment Law by the Texas Board of Legal Specialization. She earned her law degree from Baylor Law School, graduating first in her class.

No more than 2.5 percent of attorneys in the state are chosen for Texas Rising Stars each year. They are age 40 or younger or have practiced law for 10 years or less. Selection involves a rigorous process beginning with nominations by other lawyers. The full list will be published in the April 2018 issues of Texas Monthly and the Texas Rising Stars issue of Super Lawyers magazine.

PilieroMazza PLLC has posted an on-demand video discussing how businesses can proactively get out in front of pre-bid issues and avoid missteps.

“We often see what can go wrong in the bidding and procurement process long after a client submits a proposal or is awarded a contract,” the firm says on its website. “From awards challenged because companies did not confirm their set-aside status, to incorrect assumptions made about the cost of labor, mistakes made before you bid can be costly, and even devastating.”

Topic include:

• The general requirements of the BAA and TAA
• The applicability of the requirements and exceptions to their applicability
• Tests for determining a product’s country of origin
• Relevant FAR clauses and certifications
• The potential penalties for non-compliance
• Practical tips and strategies for compliance

Watch the on-demand video.

Charles Sartain offers a reminder that a court will (if it’s doing its job) enforce an agreement according to what it actually says, not by that which one party or the other would have liked it to say or imagines that it said.

Writing in Gray Reed’s Energy & the Law blog, Sartain discusses Claybar v. Samson Exploration. That case involved an agreement over an indemnity clause in a contract for the drilling of petroleum wells and related operation on property owned by Claybar.

Sartain presents the facts of the case, including a break-down of both side’s positions.

“Generally, indemnity agreements do not apply to claims between the parties but apply to claims made by others who are not parties to the agreement,” Sartain writes. “However, the parties can write an agreement to indemnify one another against claims they later assert against each other. To do so, the parties must expressly and specifically state that intention.”

Read the article.

Image by Mitch Barrie

Remington Outdoor Co.’s decision to seek court protection brings up the question of whether people with pre-existing legal claims against the company will be made whole.

Bloomberg reports that lawsuits over firearms defects and the use of its weapons in the Sandy Hook attack were pending when the company filed for bankruptcy, and the company has moved to suspend those cases.

As reporters Eliza Ronalds-Hannon and Polly Mosendz write: “As much as $500 million could hang in the balance. Remington, which is owned by Cerberus Capital Management, is embroiled in litigation over trigger defects on guns such as its iconic Model 700 rifle, as well as another lawsuit by survivors of the children and teachers killed in the 2012 elementary school shooting in Newtown, Connecticut. Bushmaster, owned by Remington, manufactured the firearm used in that massacre, which left 26 dead. ”

Read the Bloomberg article.

As the White House and Congress descend deeper into turmoil, the U.S. Supreme Court is showing signs of becoming as politically fractured as the rest of Washington, with a shift to the right a real possibility, reports CNN.

CNN legal analyst Joan Biskupic explains: “Indications from the few decisions issued so far and from oral arguments in yet-to-be decided cases suggest the five conservatives on the nine-member bench may be ready to wield their majority power. Led by Chief Justice John Roberts and joined by President Donald Trump appointee Justice Neil Gorsuch, the five have already prevailed in recent ideologically charged cases regarding prisoners’ civil rights and immigrants in custody.”

Biskupic writes that a looming question since Trump took office has been whether the justices would become a check on Trump, who has flouted legal norms, criticized federal judges, and revealed disdain for the rule of law.

Read the CNN article.

Above the Law is reporting that Reed Smith partner Andrei Baev is out a year after joining the firm from Chadbourne & Parke. Baev has come under scrutiny recently for his connections to Republican donor Elliott Broidy.

Bloomberg has reported that Baev contacted Broidy, a Los Angeles-based financier currently serving as deputy finance chair for the Republican National Committee, about working together on a campaign to influence members of the Trump administration in order to alleviate U.S. sanctions against certain Russian companies.

Editor Kathryn Rubino writes that “Norton Rose Fulbright (which last year merged with Chadbourne) has denied that work was done to actually remove Russian companies from the U.S. sanctions list.”

Read the Above the Law article.

A Savannah Law School student has sued school officials for fraud and breach of trust duties stemming from their decision to prematurely close the school in May, which she said will deprive her of the chance to become a lawyer, reports the Savannah Morning News.

The plaintiff, Jordan Crewe, alleged the school’s pending closure results “at least in part from the defendants’ mismanagement of funding for the law school.” In the suit, she also contended the defendants “established Savannah Law School to obtain federal student loan money while aiming long-term to make a profit by flipping the property.”

Reporter Jan Skutch writes that the defendants in the suit are Savannah Law School, John Marshall Law School and John Marshall University, Savannah Law School Associate Dean Keith Harrison and Michael Markovitz, law school board member and treasurer.

Crewe has completed three of the four years needed to obtain a law degree from the school.

Read the Morning News article.

Former energy and chemical company lawyer Daniel J. Grucza has joined Hunton & Williams LLP as counsel in Atlanta.

“With his unique background and experience in safety, and particularly process safety, Dan is a great addition to the environmental practice,” said Eric Murdock, head of the firm’s administrative law team. “With increased focus at the federal and state level on process safety and chemical safety across industries, Dan will be a terrific resource for many of our clients.”

In a release, the firm said Grucza has 30 years of experience in the complex chemical manufacturing, foundry, mining and coking industries. He previously was senior counsel and vice president of a major energy company, and has provided legal support for mines, gas operations, foundries, manufacturing facilities and distribution centers in the United States, Canada, Europe and China.

The release continues:

While seconded to a leading oil company, Grucza was responsible for implementing new regulations and managing incident response. He has also served as a corporate compliance officer, responsible for developing compliance programs, conducting training, conducting due diligence and responding to hotline complaints.

Possessing a strong chemical technical background, Grucza also previously served as an environmental, health and safety manager for one of the world’s largest chemical companies, where he had responsibility for EHS compliance, process safety management, risk management, security, wastewater treatment operations, and related matters. He has advised clients in the OSHA Process Safety Management (PSM) and EPA’s Section 112(r) Risk Management Program (RMP) applicability determination, program development, implementation and compliance. He also has defended clients in OSHA enforcement actions throughout the inspection, closing conference, citation and abatement actions.

DLA Piper announced that Jeff Tsai has joined the firm’s Litigation, White Collar and Investigations practices as a partner in California, based out of the San Francisco and Los Angeles offices.

Tsai, who previously led Alston & Bird’s State Attorneys General team, represents companies in complex civil and criminal enforcement matters brought by state and federal agencies. He will help lead DLA Piper’s efforts nationally in assisting companies subject to investigative scrutiny by individual and multi-state attorneys general.

Tsai’s state attorneys general practice has included representations in multi-state investigations and lawsuits on a range of issues related to consumer protection, antitrust and health care. His representation has included many industries that are regularly the subject of state attorney general enforcement, such as Internet retail, daily fantasy sports, travel and online higher education.

Additionally, Tsai is active in defending white collar matters in investigations and trials, including representations involving trade secret theft and economic espionage, fraud and public corruption. In January, he served as first-chair counsel in one of the few federal criminal trade secret prosecutions to proceed to trial.

“As both a former federal prosecutor and former senior official in the office of the California attorney general, Jeff immediately will enhance our growing white collar and investigations platform globally,” said Loren Brown, co-chair of DLA Piper’s global and US Litigation practices. “Our clients continue to face a complex and changing regulatory environment at both the state and federal levels, and Jeff is uniquely suited to help them navigate these challenges.”

“As we continue to increase the breadth and depth of our white collar and corporate investigations capabilities in California, as well as our overall litigation platform, Jeff’s vast knowledge and experience will be an important strategic component of our offering,” said Sang Kim, managing partner of the firm’s Northern California offices.

“I’m thrilled with the opportunity to work with DLA’s dynamic team on the West Coast, and I look forward to helping the firm build out the White Collar and Investigations practices here and across the country,” Tsai said.

Tsai previously served as special assistant attorney general in the office of California Attorney General Kamala D. Harris, where he served as a senior advisor to former Attorney General Harris on criminal justice and consumer protection issues and litigation. He was also an assistant US attorney in Miami, a trial attorney for the Public Integrity Section of the Criminal Division of the US Department of Justice, and senior counsel to former Assistant US Attorney General Lanny Breuer. He started his career as a judicial law clerk for US District Judge Vanessa Gilmore in Houston. He received his J.D. from Georgetown University Law Center and his B.A. from the University of Texas at Austin.

Michael D. Hornback has joined Littler as special counsel in the firm’s Lexington, Kentucky, office. He was previously an attorney with Wyatt, Tarrant & Combs LLP.

“Michael brings nearly two decades of impressive litigation experience, including representation of employers with local, national and international operations,” said Kevin Griffith, Lexington Office Managing Shareholder. “He has a strong track record and reputation in Kentucky and Tennessee and will make a great addition to our Lexington office.”

In a release, the firm said Hornback’s practice focuses on representing clients in all aspects of litigation before federal and state courts. He defends companies in a wide-range of employment matters, including discrimination, harassment and retaliation claims, and issues involving breaches of non-compete agreements and other contracts. Hornback also regularly represents clients before the Equal Employment Opportunity Commission.

“I am excited to work with the talented team in the Lexington office and with my new colleagues across the firm’s global platform,” Hornback said. “As employers continue to confront new and existing risks in managing their workforces, I look forward to drawing on Littler’s depth and breadth of knowledge to serve my clients in Kentucky and Tennessee, as well as the many regions in which they operate.”

Hornback received his J.D. from the University of Arkansas School of Law and his B.A. from Eastern Kentucky University. He is a member of the Fayette County Bar Association’s board of directors and a member of the Rotary Club of Lexington.