The national defense firm of Foley & Mansfield announce that the firm has signed on to Diversity Lab’s Mansfield Rule 2.0, an initiative designed to help law firms diversify candidate pools for significant leadership positions. It measures whether law firms have affirmatively considered women, LGBTQ+, and minority lawyers – at least 30% of the candidate pool – for promotions, senior level hiring, and significant leadership roles in the firm.

In a release, the firm said Foley & Mansfield’s adoption of the Mansfield Rule is an integral part of the firm’s heightened focus on stimulating diversity and inclusion in its ranks. Evidence of the firm’s recent progress in this arena include being named a 2018 Top Firm for Diversity in the American Lawyer Diversity Scorecard, and earning the ranking of #11 on the National Law Journal 2018 Women’s Scorecard, the firm said.

“We are proud to be a part of the Mansfield Rule 2.0 initiative. It’s not just lip service at F&M. The Mansfield Rule 2.0 provides a concrete framework that emphasizes our commitment to increasing diversity and inclusion,” said Joseph Rejano, co-chair of the firm’s nationwide Diversity Committee and a partner in the firm’s Chicago office.

The rule, named after Arabella Mansfield, the first woman admitted to the practice of law in the United States, was one of the winning ideas from the 2016 Women in Law Hackathon hosted by Diversity Lab in collaboration with Bloomberg Law and Stanford Law School.

Click here for more information on Diversity Lab.

Smart contracts can easily comply with offer, acceptance, and consideration requirements of conventional contracts, writes Mykyta Sokolov for lawless.tech.

“Requirements of intent and mutual assent may represent a problem; however, not so complicated smart contracts that are performed as it was intended by the parties can comply with such requirements.” she explains.

In her article, she explains the difference between external and internal smart contracts, especially relating to consideration, mutual assent and intent to be bound, electronic agency as a specific intent issue, and offer and acceptance.

Read the article.

Akerman LLP announced that it has added to its domestic and cross-border M&A, private equity and capital markets transactions practices with partners Peter Eccles from Foley & Lardner in New York and Karyn Koiffman from Baker McKenzie in Washington, D.C. and New York. Prior to that, Koiffman was at Kirkland & Ellis.

“Peter and Karyn are consummate corporate lawyers with decades of combined experience handling highly complex transactions,” said Jonathan Awner, co-chair of the Corporate Practice Group. “With them, we continue to expand our robust New York presence while adding significant bench strength to our national team of M&A and private equity lawyers, who represent clients in all facets of their transactions across markets sectors and jurisdictions.”

“Despite the upcoming presidential elections and political uncertainty, we at Akerman are bullish on Brazil and believe opportunities abound for clients to take advantage of competitive asset valuations to drive international deal flow,” said Brazil trade and transactional partner Felipe Berer. “Peter and Karyn are great additions to our Brazil team and will strengthen our ability to advise corporate and individual investors, private equity and venture capital funds involved in cross-border transactions and financings in Brazil, the U.S. and beyond.”

In a release, the firm said:

Eccles focuses his practice on M&A, joint ventures, private equity and venture capital transactions and other corporate and commercial arrangements, with an emphasis on cross-border transactions in Latin America, particularly Brazil. In addition to advising private equity, venture capital, strategic and family office investors on investments in Latin America, Eccles has advised leading companies in the region in the energy, shipping, oil and gas, food and agriculture, real estate, auto, retail, banking, media, technology and telecom industries on novel financings, including the first ever Rule 144A capital markets transactions involving Brazilian issuers.

Koiffman represents private equity funds, private companies and public corporations in domestic and cross-border middle market deals. Her practice focuses on acquisitions and divestitures, including leveraged buyout transactions, follow-on acquisitions, mergers, and stock and asset transactions. Related to her M&A practice, Koiffman also handles joint venture arrangements, minority investments, recapitalizations, financing agreements, related equity arrangements, as well as expansions and other commercial transactions. She also counsels clients on general corporate and contractual related matters. Koiffman leverages her prior experience of 14 years in transactional practices at international law firms in the United States, as well as four years of practice in the São Paulo office of a Brazilian law firm, in all client matters.

In addition to Eccles and Koiffman, Akerman’s national Corporate Practice Group most recently welcomed four additional M&A and private equity partners in New York, including Michael O’Brien from Vedder Price, Ted Rosen from Fox Rothschild and Corporate Finance, Lending Practice Co-Chair Robert Stein from Kirkland & Ellis, and Robert Winner from Seyfarth Shaw in Chicago. Together with today’s lateral partners, they bolster Akerman’s middle market focus toward domestic and international client ventures across dynamic sectors.

Employment and labor law Littler and Canine Companions for Independence, a non-profit organization that provides highly trained assistance dogs to people with disabilities at no charge, announced the formation of a strategic partnership.

Accommodating requests from employees and customers to bring service animals into their workplaces or facilities has become increasingly complex for companies, the firm said in a release. The issue is intensified by the rise in instances of people using fake vests to pass family pets off as service animals, which undermines the acceptance of legitimate service dogs and creates headaches for companies. As part of this partnership, Littler and Canine Companions will work together to address this issue and provide guidance for companies on managing service animal accommodation requests in compliance with the Americans with Disabilities Act.

“Canine Companions is a very worthwhile organization and we look forward to working together to educate companies on the myriad issues surrounding service animal accommodation, while further raising awareness of the vital services Canine Companions provides in matching individuals with disabilities with assistance dogs,” said Tom Bender and Jeremy Roth, co-managing directors of Littler, in a joint statement.

“We have worked closely with Littler during the past year to raise awareness of the proper use of service dogs in the workplace and business facilities, and are excited to embark on this formal partnership,” said Canine Companions Chief Development Officer Barbara Barrow. “Littler’s depth of experience in the legal aspects of service-animal accommodation, as well as its commitment to expanding the availability of assistance dogs for people with disabilities, make the firm a perfect partner. We look forward to combining our resources to continue to provide support to people with disabilities and help prevent service-dog fraud.”

In their work together to date, Littler and Canine Companions hosted a breakfast briefing in San Francisco in October 2017 on employment and public accommodation requirements for service animals. Canine Companions was also featured at Littler’s 35th annual Executive Employer Conference in May 2018, including an interview from the conference floor on employee requests to bring service animals into the workplace. As part of its formal partnership, Littler and Canine Companions will be hosting a series of educational events in the coming months, including:

• Littler Breakfast Briefing in Washington, D.C., September 5, 2018
• Littler Breakfast Briefing in Philadelphia, September 6, 2018
• Littler Regional Employer Conference in Las Vegas, September 12, 2018
• Littler Regional Employer Conference in Reno, Nevada, September 13, 2018
• California State Council of SHRM in Redding, California, September 26, 2018
• California State Council of SHRM in Monterey, California, November 15, 2018

Peter Petesch, a shareholder in Littler’s Washington, D.C., office who regularly advises clients on service animal accommodations in the workplace, added: “As we continue to see an uptick in questions related to service animals from our clients, this partnership with Canine Companions will be beneficial in helping companies ensure a safe and sensible environment for employees and customers in accommodating these requests.”

Perkins Coie announced that Andrew Moriarty has joined the firm’s Labor & Employment group as a partner in the Seattle office. He joins from Amazon, where he was senior corporate counsel. Moriarty was previously with Perkins Coie from 1998 to 2013.

The firm said Moriarty focuses on a wide range of labor and employment matters, including contractor classification, labor relations, class action claims, litigation, and claims brought before various state and federal agencies. He also has credentials dealing with the labor and employment law nuances associated with third-party vendor relationships, discrimination and contract actions, and contractor misclassification cases in Washington and California.

“We’re thrilled to welcome Andrew back to the firm,” said James Williams, Perkins Coie’s Seattle Office Managing Partner. “He is a highly regarded attorney with excellent technical skills and a great aptitude for mentoring junior lawyers. He will be a valuable addition to our team in the Pacific Northwest.”

Upon his re-entry into private practice, Moriarty will counsel clients across a variety of industries including tech, telecom, transportation, food and beverage, education and aerospace, the firm said.

“Andrew’s in-house experience provides him an exceptional understanding of our clients’ needs and the employment challenges they face day-to-day,” said Ann Marie Painter, Chair of Perkins Coie’s Labor & Employment group. “He is a passionate attorney with the desire to dig deep into the issues, and he will serve as a vigorous advocate in the courtroom.”

Moriarty earned his J.D., magna cum laude, from Georgetown University Law Center and his B.A., magna cum laude, from Boston University.

Akerman LLP announced the addition of partner Lori Nugent to the firm’s national Consumer Financial Services Practice Group. Joining from Greenberg Traurig, she will serve as co-chair of Akerman’s Privacy, Cybersecurity and Emerging Technologies Team and will reside in Akerman’s Dallas office.

“Data breach incidents in the United States and abroad are happening at a record pace and the financial services sector has been disproportionately affected,” said William Heller, chair of the Consumer Financial Services Practice Group. “Lori is a renowned veteran in the data security and cyber liability space with an impressive track record as lead counsel in highly complex matters. She is a strong addition to our compliance, enforcement and litigation practice, reflecting our commitment to helping clients address their most pressing business challenges.”

With a practice focused on cybersecurity and privacy, Nugent has served as lead counsel responding to and defending more than 1,000 data breaches, ransomware situations, and privacy-related matters in a wide variety of market sectors—including financial institutions, healthcare, retail, energy and utilities, public entities, hospitality, high tech, and higher education.

In a release, the firm said Nugent served as lead incident response and defense counsel in a high-profile data security breach that led to a $6.5 billion class action. Even though the breach was the largest in its industry, the client achieved a settlement for considerably less than six figures, and investigations by a myriad of state and federal regulators were resolved without any fine or penalty.

Southern California-based law firm Buchalter announced the promotion of Oren Bitan and Paul J. Fraidenburgh to shareholder.

“These two individuals are dedicated members of the Buchalter community as well as a tremendous representation of the firm – we are proud to share the news of Oren and Paul’s well-deserved recognition. The high-level degree of specialized expertise both attorneys possess will continue to add great value to our clients and the Firm,” said Adam J. Bass, president and chief executive officer.

Based in the firm’s Los Angeles office, Oren Bitan handles matters in the business, real estate, banking, receivership law, consumer product, and commercial litigation industries. Representative clients include banks and financial institutions, state and federal receivers, private investors and investment funds, private equity groups, real property developers, apparel manufacturers, breweries, consumer products companies, and corporate entities large and small.

Bitan earned his J.D. cum laude at Loyola Law School, where he was a member of the Order of the Coif and a Sayre Macneil Scholar. He received his B.S. in Business Administration at the University of Southern California.

Paul J. Fraidenburgh focuses his practice on representing transportation industry clients in complex litigation and regulatory affairs. Working primarily in the firm’s Orange County office, he has represented clients in the transportation and technology industries. In 2018, Fraidenburgh was named a “Top 40 Under 40” lawyer by the Daily Journal, as one of only 20 lawyers selected from Southern California.

Fraidenburgh earned his J.D., cum laude, from the University of California, Hastings College of the Law and his B.A., magna cum laude, in History from University of the Pacific.

Health care lawyer and former hospital general counsel Paul Leslie has rejoined Dallas-based Estes Thorne & Carr PLLC as a partner focused on health care regulatory compliance and litigation.

In a release, the firm said Leslie has more than 30 years of experience representing entities in health care-related regulatory, operational and transactional matters, and commercial and business litigation, as well as advising clients on efficient and effective management of in-house legal departments and functions.

He previously practiced at Estes Thorne & Carr and rejoins the firm from Parkland Health & Hospital System where he served as executive vice president and general counsel for eight years. He also has experience as an associate general counsel at another Fortune 500 health care company.

“We have known and worked with Paul for years and are excited to welcome him back as a colleague. His industry experience and understanding of the regulatory landscape are invaluable to our clients in the health care industry,” said managing partner Jessica Thorne.

The firm said Leslie has expertise in developing and implementing cost-effective strategies for health care operators. In addition to his experience with transactions and regulatory compliance, he has worked with board governance, enterprise risk management, contract negotiations and dispute resolution, commercial and whistleblower litigation, false claims investigations, real estate transactions and insurance contract coverage litigation.

“I have known and worked with the Estes Thorne & Carr attorneys for the better part of the last decade and always have been impressed by their legal prowess and their ability to develop strong relationships with their clients,” he said. “Once I had the opportunity to rejoin the firm, I knew this was the right place for me.”

A graduate of St. Mary’s University School of Law, Leslie earned the Magna Stella Award for Outstanding General Counsel from General Counsel Forum in the government/non-profit category in 2016. He is rated AV Preeminent by Martindale-Hubbell, reflecting the highest excellence in legal ability and ethical standards.

A growing number of lawyers, interpreters and other professionals across the U.S. — members of Lawyers for Good Government — have mobilized to force the Trump Administration to defend its immigration policies in court.

Bloomberg reports that the organization, which was launched as a Facebook group the day after Trump was elected president, is working on behalf of people who have been detained after they sought asylum for themselves and their children because they said they feared for their lives in their home countries.

Reporter Nick Leiber writes that “L4GG has only one employee: founder, president, and executive director Traci Feit Love, a Harvard Law School graduate and former litigator for DLA Piper, one of the biggest law firms in the world. She and her board have been figuring out how to direct L4GG’s volunteers—a significant chunk of the 1.34 million attorneys in the U.S.—to make them useful.”

Read the Bloomberg article.

Brett Kavanaugh

Conservatives who were hoping to get a new justice onto the Supreme Court before a major case involving illegal immigrants’ rights to abortion reaches the justices may end up being disappointed by PResident Trump’s Judge Brett M. Kavanaugh, warns The Washington Times.

Under standard court practice, Kavanaugh would have to recuse himself because he participated in the case while on the Circuit Court of Appeals for the District of Columbia, writes reporter Alex Swoyer.

Swoyer explaqins: “While there are specific standards for district and circuit judges, there aren’t any hard-and-fast rules for the high court — only precedent. Justices set their own standards, and make decisions on a case-by-case basis.”

Read the Washington Times article.

The Labor & Employment Law Perspectives blog of Foley & Lardner discusses the increased attention paid to restrictive covenants and the increase in litigation as employers seek to protect their confidential information and prevent a loss of business.

Don Schroeder asks and answers the question: What does this mean if you are considering a new hire who is saddled with an employment agreement that contains non-competition and/or non-solicitation provisions?

“As a threshold matter, you should know that regardless of the states where you operate, if you are faced with litigation by the former employer, the judge assigned to the case will look very closely at your new employee’s pre-hire conduct as he/she exited the former employer,” Schroeder explains.

Read the article.

After 30 years of wrestling with the cumbersome six-part test for determining whether a contract to perform services related to oil and gas exploration on navigable waters is maritime, the 5th Circuit took up a case earlier this year in an effort to streamline the test and bring clarity to an area of the law mired in uncertainty, reports The Energy Law Blog of Liskow & Lewis.

Deciding that several of the factors were either redundant or unnecessary, the court carved away at Davis & Sons until it was left with a two prong test, write John Almy and William W. Pugh.

Those two prongs are:

(1) Is the contract to provide services to facilitate drilling or production of oil and gas on navigable waters? and

(2) Does the contract provide or do the parties expect that a vessel will play a substantial role in the completion of the contract?

Read the article.

A new post on the website of Dickinson Mackaman Tyler & Hagen which discusses what happens if the owners of a business decide to part ways.

A buy-sell agreement addresses voluntary separations – i.e. an owner wants to retire, finds other interests or simply loses the spark with his/her co-owners, explain authors Amy Plummer and Laura Wasson. The agreement also covers involuntary separations – events no one wants to think about, much less plan for – things like bankruptcy, becoming disabled, or passing away.

Their article covers general voluntary buy-sell terms, general involuntary buy-sell terms, tag-along rights, drag-along rights, put  options, and a Texas shoot-out. They also discuss provisions for calculating the valuation of the exiting owner’s interest.

Read the article.

Shook, Hardy & Bacon has suspended a Miami lawyer after he objected when a pregnant opposing lawyer sought a continuance because her due date coincided with a trial date, reports the ABA Journal.

According to a statement provided by the law firm’s administrative managing partner, Paul Reid has been suspended pending further review by firm management.

Christen Luikart of Murphy Anderson in Jacksonville, Florida, is the opposing lawyer who sought the delay.

Reid argued his client had been injured five years ago and “parental leave is not a compelling circumstance justifying the severe prejudice” that will be caused by delaying the trial.” The court overruled his objection.

Read the ABA Journal article.

Papa John’s International Inc. founder John Schnatter is suing the pizza chain, demanding internal files related to directors’ handling of his ouster for using a racial slur during a media-training session, reports Bloomberg via the Los Angeles Times.

Schnatter, who owns 29% of the company, resigned as chairman this month but remains on the board.

The report continues:

“Mr. Schnatter sought to inspect documents because of the unexplained and heavy handed way in which the company has treated him” after news surfaced of his use of a racial epithet, the founder’s lawyers said in the suit. After the report, Schnatter resigned as chairman of Papa John’s but later said he regretted the decision.

Read the LA Times article.

Bloomberg Law is reporting that a former Dentons associate who stole the firm’s confidential files and then tried to extort cash and artwork from the firm now faces attorney discipline charges.

The complaint names Michael Bernard Potere, who pleaded guilty and was sentenced to federal prison for unauthorized computer access. The complaint was served July 10 but recently posted. The Illinois Attorney Registration and Disciplinary Commission’s alleged ethical violations based on the criminal conduct.

Potere, an associate in Dentons’ Los Angeles office from 2015 until June 2017, downloaded numerous confidential firm documents, such as financial reports, documents about partner meetings, client lists, billing information, and recruiting-related information, ARDC said. He then threatened to send the documents to a legal website unless the firm paid him $210,000, according to reporter Mindy L. Rattan.

Read the Bloomberg Law article.

Attorneys at Texas-based Deans & Lyons and Brian Branch of New Mexico are suing ZTE USA, the domestic subsidiary of the Chinese cell phone company ZTE Corp., on behalf of a New Mexico man who suffered life-altering burn injuries he attributed to his recently purchased ZTE ZMax Pro Blu phone catching fire while he slept.

According to a release from the firm, the fire occurred after Jose Perez of Bernalillo County, New Mexico, plugged in the phone he had bought just weeks earlier, placing it beside his bed to charge. According to the lawsuit, the phone overheated and ignited while he slept. Perez sustained second- and third-degree burns that left him in critical condition. Still hospitalized nearly nine months later, Perez has had multiple surgeries and skin grafts, and is permanently disabled.

“We believe this phone was dangerous and the manufacturer knew it,” said Deans & Lyons co-founder Michael Lyons, who represents Perez. “We can demonstrate that this phone did not meet recognized industry standards concerning its Chinese manufactured lithium ion battery and its charging system.”

The suit alleges the ZTE phone uses a non-standard, terraced-cell design with non-compliant overhang between the electrodes, leaving it susceptible to overheating, exponentially increasing fire risks, according to the lawsuit.

“Cutting corners is an extension of ZTE’s corporate conduct that includes misappropriation of U.S. intellectual property, lying to the U.S. Government, and, according to the Pentagon, threatening the security of the United States. We intend to hold them accountable for this tragedy,” said Lyons.

The lawsuit, filed July 23, is Jose Antonio Perez v. ZTE (USA), Inc., MetroPCS Texas, LLC, and Ultimate Wireless CSR, LLC, Cause No. D-101-CV-2018-02167 in New Mexico’s First Judicial District Court in Santa Fe County.

Nationally recognized business leaders, business owners and entrepreneurs will meet in Dallas August 16 for S.H.E. Summit Bacardi Dallas, a full-day program that convenes female and male leaders to network and accelerate the global advancement of women with a goal of reaching gender equality by 2030.

The event will be at the Omni Dallas Hotel.

Dallas-based Munck Wilson Mandala partnered with S.H.E. Summit and Bacardi’s Women in Leadership Initiative to bring the event to Dallas for the first time. Keynote speakers include Dallas Mavericks CEO Cynthia “Cynt” Marshall, who is revamping the team’s corporate culture; fitness expert Ellen Latham, creator and co-founder of Orange Theory Fitness; local WFAA news contributor and former anchor Shelly Slater; and S.H.E. Summit CEO and founder Claudia Chan.

Informative workshops, thought-provoking panel discussions, and keynotes will cover everything from ascending to leadership, to building a network, to breaking barriers in male-dominated industries. Attendees from large and small corporations, including AT&T, Kendra Scott, Bacardi, Southern Glazers, Tiff’s Treats, and many others will hear inspiring stories and meet exceptional leaders.

“S.H.E. Summit is an event that invites everyone, men and women, profit and non-profit, community and corporate organizations to join forces and help raise women to their highest potential,” said Munck Wilson Mandala attorney Jessica Spaniol, a moderator for the program.

Learn more at www.shedallas.com. For more information, contact Shannon Tipton at 972-628-4500 or stipton@munckwilson.com.

The most marketing-adept lawyers find ways to get multiple uses out of informative content — such as CLE presentations, blog posts and media interviews — by recycling their content in a variety of other formats, writes Amy Boardman Hunt for Muse Communications.

In the article, she discusses two ways to recycle content.

Then she offers some real-world examples of great recycling, including, for example, an insurance coverage lawyer who republished  a CLE program on insurance changes as a white paper and a blog post. Another example is a jury consultant who co-wrote an article for a legal publication and aimed at general counsel. The consultant then posted a reprint of the article on her site, excerpted the article on her blog, promoted it on social media and in her firm’s e-newsletter.

Read the article.

Perkins Coie announced that Adrian Rich has joined the firm’s Emerging Companies & Venture Capital (ECVC) practice as a partner in the firm’s Palo Alto office.

Thee firm said Rich has more than 15 years of experience counseling high-growth emerging companies and their investors. In a release, the firm said his education in biomedical engineering and economics helps him in counseling clients from inception to exit, assisting them with financial and strategic investments, licensing, strategic partnerships, acquisitions and public offerings, as well as routine corporate matters. Early in his career, Rich focused almost exclusively on medical device and biotech clients. In more recent years, his practice has broadened to include technology companies, big data, artificial intelligence/machine learning, AR/VR and blockchain, as it applies to business processes, data science and education.

“With his exceptionally diversified background, Adrian offers insightful counsel to life sciences and cutting-edge technology companies on a wide range of matters,” said Buddy Arnheim, Co-Chair of Perkins Coie’s ECVC practice. “As a trusted advisor on private and public securities offerings, licensing, incubators and small fund formation, Adrian is a key addition to the high level of support we provide our clients in the Bay Area and beyond.”

In addition to his traditional Silicon Valley startup corporate practice, Rich has represented venture funds and incubators in their operations and has worked for several life science incubators and their associated investment funds. Rich also represents several social impact companies and investors supporting clean water and gender and racial equality in the venture environment. Rich earned his J.D. from the University of Virginia School of Law and received a B.S. from Johns Hopkins University in biomedical engineering and also qualified for a B.A. with honors in Economics. Before joining Perkins Coie, he was a partner at Dorsey & Whitney LLP.

“Adrian is a substantively experienced ECVC attorney with deep roots in the Bay Area venture capital and startup communities,” said Lowell Ness, Office Managing Partner of Perkins Coie’s Palo Alto office. “Adrian’s solid reputation and extensive industry knowledge is a tremendous fit for our ECVC team. We’re thrilled to have him join Perkins Coie.”