CRE8 Independent Consultants presents a free on-demand workshop on law firm process improvement, offering 20 ideas in 20 minutes.

Today, to attract and maintain clients, law firms are being asked to lower fees through discounted rates, alternative fee arrangements, fixed fee through the life of the matter, and to follow client guidelines that restrict who can bill and what expenses can be charged, the company says on its website. Firms can respond by writing off charges (losing profitability) or by examining their internal processes to determine how to increase efficiency and to improve quality. How should AmLaw 100, and 200 law firm Executive Directors, Chiefs, and Partners respond to these challenges? Education is the first step.

This workshop in 20 minutes discusses:

• what are the internal, and external signs a law firm needs process improvement,
• over twenty different areas within a firm that can benefit from process improvement,
• how a firm can use procedural changes (non-technology) to reduce costs, mistakes, communication issues, and re-work; while improving quality and client service,
• why process improvement is important before installing a new computer system,
• process improvement methods for law firms,
• a five-step process improvement method to improve a law firm,
• how to engage professional and administrative staff to participate in, and support the successful roll-out of process changes, and
• how to create a culture within the firm to sustain on-going process improvement.

Sign up for the on-demand workshop.

The American Bar Association has published bar exam pass rates for all law schools in the United States, indicating those rates ranging from 98.58  percent to 26.53 percent.

Above the Law offers some comment on the ratings, along with a peek at the best and worst on the list. (The ABA has made available for downloading an Excel spreadsheet listing all the schools’ rates.)

The University of Chicago Law School tops the list with a first-time pass rate better than 98 percent. At the other end of the scale is the Arizona Summit Law School with a rate of 26.53 percent.

Read the Above the Law article.

PilieroMazza has posted an on-demand webinar discussing compliance with new laws requiring or providing a preference for the purchase of goods, products, or materials produced in the United States.

President Trump signed Executive Order 13788 on April 18, 2017, aimed at tougher enforcement of the “Buy American Laws” which are those laws requiring or providing a preference for the purchase of goods, products, or materials produced in the United States. Given the Trump administration’s intent for stricter enforcement of domestic preference requirements, government contractors need to stay abreast of the relevant laws and regulations, such as the Buy American Act  and the Trade Agreement Act, the firm says on its website.

Webinar topics 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 webinar.

Improper cybersecurity oversight cost a power company a $2.7 million penalty in a settlement between the Western Electric Coordinating Council and the company, according to a post by Troutman Sanders.

The post says that the unnamed power company had inadvertently allowed critical cyber security data to be exposed online for 70 days.

“The contractor improperly accessed data from the company’s network and copied that data onto the contractor’s network,” the post explains. “While the information was on the contractor’s network it was accessible online to anyone without password protection. The information exposed records of over 30,000 assets, including records associated with Critical Cyber Assets (CCAs) such as IP addresses and server host names.”

Read the article.

The State Department will be improving transparency in its requirements for contractor cooperation with its Office of Inspector General, according to Federal News Radio.

“While the Foreign Affairs Manual authorizes the OIG to access a contractor’s documents and interview its employees during the scope of an investigation, that provision is not currently explicitly expressed in the contracts signed by vendors,” writes David Thornton. “The OIG and the department are moving to correct this issue, and hopefully head off any further confusion or misunderstandings.”

The change is intended to head off problems such as the one seen earlier this year when a contractor would not comply with requests for an IT audit of security controls.

Read the article.

In a client alert, Pepper Hamilton surveys the effects of incorporating an arbitration provider’s rules or common arbitration provisions on who determines questions of arbitrability.

“While questions of arbitrability are ordinarily decided by a court, contracting parties can agree to delegate questions of arbitrability to an arbitrator instead,” the alert explains. “Because an arbitrator deciding questions of arbitrability is contrary to the ordinary course of events, contracting parties must express their intent to delegate questions of arbitrability to an arbitrator ‘clearly and unmistakably.’ When doubt exists as to the parties’ intent to ‘arbitrate arbitrability,’ the FAA’s presumption in favor of arbitrability is reversed.”

The authors conclude: if you want a court to decide whether, and to what extent, your dispute is subject to arbitration, you must be mindful of the impact that incorporating an arbitration provider’s rules or a broad arbitration provision into your agreement can have on the question of who will decide arbitrability.

Read the article.

In a recent Initial Determination, an administrative law judge ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred, reports Jones Day.

Daniel Kazhdan and Blaney Harper discuss Certain Audio Processing Hardware, Software, and Products Containing the Same.

Andrea Electronics Corp filed a complaint asserting that a number of companies, including Apple Inc., infringed its patents by importing certain products. It was undisputed that Andrea held formal title of the patents, but Apple argued that Andrea did not hold “all substantial rights in the patents-in-suit,” as required by Diamond Coating Technologies, LLC v. Hyundai Motor America.

Read the article.

Despite Facebook’s efforts to appear up-front in its handling of revelations of misuse of users’ data by Cambridge Analytica — using an approach that has worked in the past — this scandal really is different, and everyone in Silicon Valley knows it, according to Vanity Fair.

“Indeed, the repercussions are massive in both immediate and longitudinal ways,” writes Nick Bilton. “Just a couple of days into the Cambridge crisis, Facebook’s stock has dropped by more than 20 points, which has led its market capitalization to fall by tens of billions of dollars.”

The company and CEO Mark Zuckerberg have been called to testify before Congress and the British Parliament. The FTC and shareholders are pressing legal action, and the company’s plan to expand into China are now less likely.

Read the Vanity Fair article.

Image by Mike Mozart

The biggest U.S. antitrust case of this century kicked into high gear Thursday as a government lawyer warned that AT&T Inc. wants to buy media giant Time Warner Inc. to “weaponize” its must-have content — a move that would raise prices for consumers and hinder innovation, according to the Los Angeles Times.

In opening arguments, Justice Department lawyer Craig Conrath said AT&T could use Time Warner’s content as a weapon against competitors that rely on the programming.

Reporter Jim Puzzanghera writes: “AT&T’s added leverage over pay-TV competitors to withhold content from some of the most valuable assets in entertainment — including HBO, CNN, TBS, TNT and Warner Bros., Hollywood’s largest TV and film studio — would cause prices to rise by more than $400 million a year for Americans, Conrath said.”

Read the LA Times article.

National Labor Relations Board member William Emanuel violated a White House ethics pledge by participating in a closely watched case involving his former law firm, the NLRB’s inspector general concluded in a report obtained by Bloomberg Law.

Bloomberg reporters Chris Opfer and Hassan A. Kanu write that Emanuel told Inspector General David Berry that he didn’t realize former firm Littler Mendelson represented a business in the seminal Browning-Ferris Industries case, although he previously flagged the litigation for lawmakers as one that he might need to sit out, according to Berry’s report. Emanuel then joined the rest of the five-member board in directing its top attorney to ask an appeals court to drop the case.

They report that Berry said the inconsistency in Emanuel’s statements to Congress and the IG “is not sufficient to show that” Emanuel “intentionally lied.”

Read the Bloomberg article.

A post by Jason M. Knott in the Zuckerman Spaeder Suits By Suits blog warns that, when an employer changes its contract with an employee, the change should be communicated clearly—and preferably, in writing. Otherwise, the employer may be at risk of finding that the old terms still control.

He illustrates his point by discussing the case of Balding v. Sunbelt Steel Texas, Inc., in which a federal court of appeals ruled that an employer had to go to trial over a salesman’s claim for unpaid commissions.

In that case, the salesman’s original contract set out a salary and a percentage commission. Later the employer raised his salary and claimed that the salesman was told that the raise was in lieu of commissions, but the salesman denied hearing that statement.

Read the article.

When indemnity is mentioned, most owners, designers and contractors think of protection from third party claims asserted by parties with whom they have no contractual privity, points out a post by Saul Ewing Arnstein & Lehr.

But Garry R. Boehlert and Trevor Ashbarry explain that, depending on the language used, indemnity provisions also can cover first party claims asserted by parties in privity of contract. To the surprise of many, such clauses may cover actions for breach of contract in addition to claims for negligence.

They add, “regardless of how carefully you may have considered the pros and cons of including a prevailing party clause in your contract, the indemnity clause you have negotiated may unwittingly permit recovery of attorneys’ fees for first and third party claims — even if the clause makes no mention whatsoever of attorneys’ fees.”

Read the article.

In the era of online content marketing, the press release seems as quaint and outdated as the fax machine. But a well-written, concise, timely press release remains one of the most potent vehicles for getting your law firm’s story in front of important audiences, writes Amy Boardman Hunt for Muse Communications.

“The reason press releases are more important today is that we’re no longer solely, or even primarily, interested in winning over increasingly hard-to-win-over reporters,” she explains. “Lawyers and law firms who use content marketing are essentially their own publishers now. As long as you have a website, social media or email (ideally, all three), you can tell your own story directly to your clients and potential clients.”

She discusses four reasons why an old-fashioned press release is still a great way to get your story out there, and offers advice on how to get attention for the news.

Read the article.

Exterro has published a complimentary new visual guide, “What AI Is-and Isn’t-In E-Discovery,” that explains where artificial intelligence was, where it is today, and where it’s heading in relation to e-discovery activities.

Artificial intelligence is back in the news as one of the hottest tech topics across multiple industries, and e-discovery is no different, the company says on its website. But with confusion between terms like AI, machine learning, predictive coding, and technology-assisted review all too common, how can e-discovery professionals understand the differences between competing technologies and how to best use them in their day-to-day professional lives?

The guide provides:

• Expert analysis from e-discovery and artificial intelligence thought leaders
• Clear explanations of concepts like AI, TAR, machine learning, and predictive coding
• Practical tips you can use to get the most out of your investment in AI technology

Download the guide.

DLA Piper announced that Tamany Bentz has joined the firm’s Intellectual Property and Technology practice as a partner in Los Angeles.

Bentz, who will be in the Trademark, Copyright and Media subgroup of the firm’s IPT practice, focuses on intellectual property litigation, including patent, trade secrets, trademark and copyright litigation.

“Tamany brings a diverse practice that aligns well with our strengths and will allow us to continue expanding our core intellectual property offerings,” said Ann Ford, co-chair of the firm’s US IPT practice.

Bentz, who joins DLA Piper from Venable LLP, will be reunited with her longtime colleague Douglas Emhoff, who joined the firm’s Media, Sports and Entertainment practice in October 2017.

“I’m thrilled to be working with Tamany again,” Emhoff said. “We collaborated on many cases over the years, and I’m looking forward to continuing to build out our growing IP litigation practice in Los Angeles with her and the rest of our team.”

“The reverberation that the recent expansion of DLA Piper in Los Angeles has caused in the LA legal market presents a unique and timely opportunity to grow my intellectual property practice and share my clients with some of the best IP lawyers in the country and the world,” Bentz said. “It was an opportunity I did not want to pass up.”

She earned her J.D. from the University of Pennsylvania Law School, her M.B.E. from the University of Pennsylvania and her B.S. from Arizona State University.

Bentz is the latest addition to DLA Piper’s IPT practice, which has also recently added partners Michael Garfinkel, Miles Cooley and Benjamin Mulcahy in Los Angeles, Clayton Thompson and Jake Zolotorev in Silicon Valley, John Beahn and Margo Tank in Washington, DC, David Whitaker in Chicago, and Gina Reif Ilardi in New York.

Barnes & Thornburg LLP has added Dawn Collins and Tae Kim as partners in the Labor & Employment Department in Southern California.

Collins and Kim, previously shareholders at Ogletree Deakins, are employment litigators with extensive experience in California and federal law. In a release, the firm said they work with corporations and management in connection with a variety of employment law matters, including high-stakes wage and hour disputes and discrimination, harassment, and retaliation claims. They also assist with workplace investigations and advise clients on compliance best practices.

“Dawn and Tae are excellent additions to the firm and enhance our already strong capabilities in California, where companies are challenged to navigate the state’s nuanced employment laws,” said Kenneth Yerkes, chair of Barnes & Thornburg’s Labor & Employment Department. “Our clients need to be more vigilant than ever regarding their employment practices, and having such accomplished and reputable attorneys on the ground is a great benefit to them.”

Collins and Kim are the latest arrivals to the firm’s Los Angeles office, which has added partners Gary Caris and Sal LaViña in recent months. Barnes & Thornburg also recently launched a new office in San Diego, where Troy Zander is the partner in charge.

“The additions we’ve made in Southern California are not only integral to the growth of our firm, but they are also prospering on our platform and, most importantly, are finding new ways to efficiently solve client problems,” said David Allen, managing partner of the firm’s Los Angeles office.

The release continues:

About the Attorneys

Dawn Collins has 20 years of experience as a civil litigator, but she places an emphasis on litigation prevention measures for her corporate clients, including conducting workplace investigations, ensuring best practices related to discharge, discipline, leaves and reductions, drafting employment agreements, and complying with wage and hour laws. She is often called upon to defend clients in high-stakes wage and hour class actions alleging violations of federal and California wage and hour laws.

Collins earned her J.D. from the University of California, Los Angeles, School of Law and her B.S. from the University of Pennsylvania.

Tae Kim represents corporate clients in high-stakes wage and hour class and representative actions, and single plaintiff discrimination harassment claims. Her wage and hour work includes the defense of disputes involving misclassification, commissions, meal and rest breaks, off-the-clock work and piece rate compensation as well as advising clients on wage and hour compliance and conducting audits. She also regularly advises clients on best practices related to terminations, leaves of absence and accommodations, as well as conducting workplace investigations.

Kim earned her J.D. from Loyola Law School, Los Angeles, and her B.A. from University of California, Los Angeles.

Robert M. Harper, counsel in Farrell Fritz’s estate litigation practice group, was honored as a Public Interest/Pro Bono Attorney of the Year at Touro Law Center’s Annual Goods and Services Auction on Wednesday, March 21, 2018.

Harper, a Garden City, NY resident, earned his J.D., cum laude, from the Maurice A. Deane School of Law at Hofstra University and his B.S. from Boston College Carroll School of Management. He is a frequent contributor to the firm’s New York Trusts and Estates Litigation blog.

Harper has worked for the rights and well-being of minors and the developmentally disabled as a Surrogate’s Court guardian ad litem, the firm said in a release. He takes on some of these guardian ad litem assignments as pro bono matters.

In 2017,  Harper devoted nearly 200 hours to his pro bono work, including many hours that involved protecting a half dozen individuals assigned to him by the Surrogate’s Court. These situations typically involve him writing reports concerning petitions for the appointment of guardians for minors and persons who have developmental disabilities. Harper spends many hours conducting research and interviews to ensure that the individuals in question will be well served through the guardianship appointment, the firm said.

Each year, Touro Law Center hosts the Goods and Services Auction to raise money to benefit the Touro Summer Public Interest Fellowship Program, which funds summer stipends for students to work in public interest law firms or non-profit organizations. The auction program also recognizes an Attorney of the Year from Long Island law firms.

Four attorneys with Texas family law firm Orsinger, Nelson, Downing & Anderson, LLP, have been named to the Texas Rising Stars list of top lawyers in the state for 2018.

Recognized for their family law expertise are partner Paula Bennett and associates Ryan Kirkham, Holly Rampy Baird and R. Porter Corrigan II, the firm said in a release. Each of the lawyers assists clients with navigating matters such as property division, child custody, pre- and post-marital agreements, parental rights, and other challenges common to family legal disputes.

Baird, Kirkham, and Corrigan have all been recognized by Texas Rising Stars in previous years. This is Bennett’s first time being named. Corrigan is based in San Antonio; the other honorees work from the firm’s Dallas and Frisco offices.

“In putting together any list of the best and brightest attorneys in Texas, you’d have to include these four,” said firm partner Brad LaMorgese. “Their knowledge of the law and their dedication to their clients are nothing short of stellar. We’re very proud of the work they do.”

Once a year, the Super Lawyers rating service recognizes the top attorneys in the state 40 or younger, or who have been practicing for 10 years or less. The list is made up of lawyers who are nominated by their peers and then assessed in a rigorous editorial review process. Ultimately, only 2.5 percent of eligible attorneys are chosen.

The honorees will be featured in the April 2018 edition of Texas Monthly and the Texas Rising Stars issue of Super Lawyers magazine.

In addition to this year’s four Rising Stars recipients, the firm has more Top 100 Super Lawyers in Texas than any other family law firm in the state. LaMorgese and firm co-founders Richard Orsinger, Keith Nelson, Scott Downing and Jeff Anderson all made the 2017 Top 100 list.

Two trial lawyers with Texas-based Provost Umphrey Law Firm, L.L.P., earned selection to the 2018 Texas Rising Stars list for their representation of plaintiffs in personal injury litigation.

Colin David Moore and Ronnie Turner Jr. have made the annual list multiple times.

In a release, the firm said Moore has earned Rising Stars recognition each year since 2007 for his work in product liability cases resulting in personal injury. His practice also involves premises liability work and toxic tort claims involving exposure to cancer-causing asbestos materials. Recently recognized on the prestigious Best Lawyers in America list, Moore serves on the Jefferson County Bar Association’s Board of Directors.

Turner is making his fourth appearance on the list for his plaintiffs’ personal injury representation. His practice also includes premises liability and products liability cases. Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, Turner also earned recognition in this year’s edition of The Best Lawyers in America. He is a member of the Texas Trial Lawyers Association and serves on the Jefferson County Young Lawyers Association’s Board of Directors.

The Texas Rising Stars list recognizes the outstanding work of the state’s top attorneys age 40 and younger or who have practiced law for no more than 10 years. Only 2.5 percent of eligible Texas lawyers are selected to the list each year based on nominations from other lawyers, independent research and a review by separate advisory boards.

Langley & Banack, Inc. announced that Charles H. Jackson III joined the firm as of counsel in its San Antonio office. Jackson’s practice concentrates on estate planning, probate, general and commercial business, and rural real estate.

Jackson holds a Juris Doctorate from the University of Texas Law School. He also served in the Army Reserves from 1964-1970.

“I joined Langley & Banack because of its depth of practice areas, the extensive experience of team members, the firm being client driven, and providing a high level of service,” said Jackson.