A federal judge in the U.S. District Court for the Southern District of Texas has appointed Warren Burns of Dallas-based Burns Charest LLP as sole interim lead class counsel in a nationwide antitrust class action. The litigation alleges a conspiracy by online retailers, including Houston-based Zaapaaz, to fix prices for customized silicone wristbands and lanyards.

In 2017 the defendants in the class action pleaded guilty to a range of federal charges of price-fixing in violation of Section 1 of The Sherman Act.

In appointing Burns as sole interim lead counsel, the court explained:

This appointment is warranted for several reasons. First, at oral argument, Mr. Burns was the only counsel who offered the Court substantive, detailed explanations on how he structures and runs his large case litigation teams.

Of particular note were Mr. Burns’ explanations of his and his firms’ billing practices in prior class action litigation, and his representations that he will use those practices, such as not permitting billing for file and correspondence review, and other mechanisms to ensure efficient prosecution of this case.

Second, the balance of the Rule 23(g) factors support appointment of Mr. Burns and Burns Charest as sole interim lead counsel. Burns Charest has made extensive efforts in these matters to date, Mr. Burns and his firm have significant experience in antirust class actions, and he and his firm have knowledge of the applicable law.

The court concluded that “Burns Charest is uniquely positioned to prosecute this case in the most cost effective and efficient manner possible.”

The case is Kjessler v. Zaappaaz, Inc. et al., Case No. 4:17-cv-3064 (S.D. Tex).

A federal judge on Thursday refused to overturn the fraud and conspiracy convictions of four former executives for the only financial institution to be criminally charged in connection with the federal bank bailout program, the Associated Press reports.

Judge Richard Andrews refused to enter judgments of acquittal or set new trials for the former Wilmington Trust executives.

“Former bank president Robert Harra Jr., former chief credit officer William North, former chief financial officer David Gibson and former controller Kevyn Rakowski were convicted in May on charges of fraud, conspiracy and making false statements to federal regulators,” writes reporter Randall Chase

Read the AP article.

Outside companies that provide services to Microsoft Corp. will be required to provide their employees 12 weeks of paid family leave, announced the company’s new general counsel, Dev Stahlkopf.

The Washington Post reports that, under the requirement, mothers and fathers who perform work for Microsoft — biological and adoptive — must receive 12 weeks of leave at two-thirds of their wages or up to $1,000 weekly. The new rule applies to outside contractors, such as those providing culinary, housekeeping and receptionist work.

“Microsoft now partners with more than 1,000 firms across the U.S. — half of which work outside Washington state,” writes reporter Danielle Paquette.

Read the Washington Post article.

Harvey Weinstein

Image by David Shankbone

NBC News’ handling of allegations of sexual harassment against powerful men is once again under scrutiny over its alleged failing to follow through on a credible probe of accusations levied against Harvey Weinstein, according to Variety.

The magazine’s latest article on the controversy also refers to a Daily Beast report alleging that NBC News general counsel Susan Weiner made multiple phone calls to the reporter, Ronan Farrow, threatening to smear him if he continued his reporting on Weinstein.

“This is a ridiculous claim by all measures. Susan is a person of tremendous integrity, is respected by all her peers and would never, ever threaten someone,” said an NBC News spokesperson.

Much of the criticism comes from  Rich McHugh,  the NBC News former supervising producer of investigative reporting.

Read the Variety article.

Bloomberg Law is reporting that Kenneth W. Starr, the former independent counsel, appeals court judge, and U.S. solicitor general, is going to be practicing law again.

Starr, the former Baylor University president, will join the Houston trial firm The Lanier Law Firm, which is involved in some of the country’s biggest civil disputes, including over hip replacements and talcum powder, writes Elizabeth Olson.

“Starr already has been working with the Lanier firm’s appellate litigation team on multi-million-dollar hip implant litigation against Johnson & Johnson and its subsidiary DePuy Orthopaedics Inc.,” according to the report.

Read the Bloomberg Law article.

Pulitzer Prize-winning historian Doris Kearns Goodwin will speak in Dallas on Sept. 26, 2018, as part of her national tour a week after the release of her new book, “Leadership: In Turbulent Times.” The program is presented in partnership between the World Affairs Council of Dallas/Fort Worth and the Dallas Museum of Art, and its sole sponsor is the law firm of Shackelford, Bowen, McKinley & Norton, LLP.

“Ms. Goodwin is on everybody’s short list of America’s greatest historians. Every appearance she has made in Dallas over the last two decades has sold out quickly. We expect the same with this event and are pleased to help make her upcoming program in Dallas a success,” said Shackelford partner Talmage Boston, who will serve as the evening’s master of ceremonies. “‘Leadership’ reflects an expansion of certain points made in her previous biographies of Presidents Abraham Lincoln, Theodore Roosevelt, Franklin D. Roosevelt and Lyndon B. Johnson, bringing together five decades of her research and analysis, and providing specific takeaway points on leadership that should inspire actual and aspiring leaders with lessons gained from some of America’s greatest presidential leaders.”

The event will begin at 7:30 p.m. Sept. 26 at Temple Emanu-El, 8500 Hillcrest Rd., Dallas. Tickets are available through the DMA and the World Affairs Council. A copy of Goodwin’s book “Leadership: In Turbulent Times” is included in the price of admission. For more information visit https://www.dma.org/programs/event/doris-kearns-goodwin or https://www.dfwworld.org/events.

The World Affairs Council of Dallas/Fort Worth is dedicated to providing relevant information about global issues, challenges, and opportunities while establishing North Texas as a center for international interests and business.

The Dallas Museum of Art Arts & Letters Live is a literary and performing arts series for all ages that features award-winning authors and performers of regional, national, and international acclaim.

Texas lawyer Deborah Hankinson has been selected Arbitration Lawyer of the Year for Dallas in the 2019 edition of The Best Lawyers in America. The former Texas Supreme Court justice specializes in conflict resolution, including arbitrations and mediations.

In 2016, Hankinson was selected to The National Law Journal’s inaugural ADR Champions list recognizing trailblazers from across the nation. She also has been recognized by Chambers USA, the Benchmark Appellate guide, Texas Super Lawyers, The National Law Journal, Texas Lawyer, Dallas Business Journal, D Magazine, the Dallas Bar Association and Lawdragon.

Hankinson serves on the Board of Directors of the American Arbitration Association. She is a Fellow of the College of Commercial Arbitrators and the American Academy of Appellate Lawyers.

Britt Anderson has joined Perkins Coie’s Trademark, Copyright, Media & Brand Protection practice as a partner in the Palo Alto office. This is the firm’s latest lateral partner addition in Palo Alto, following the arrival of recent laterals including Matt Oshinsky, Adrian Rich and Wendy Moore, the firm said in a release.

A California native, Anderson has been practicing intellectual property law for nearly two decades. His client representation includes trademark and copyright issues, domain name, advertising, and related commercial and litigation matters before the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board and various federal and state courts. Additionally, he has experience in the enforcement and defense of their trademark and IP rights and foreign civil infringement matters in non-U.S. jurisdictions.

“Our trademark efforts are a natural result of our existing corporate and IP work being managed by our patent litigators and emerging company lawyers in the Bay Area,” said Lowell Ness, Managing Partner of Perkins Coie’s Palo Alto office. “Britt is highly qualified, and we’re thrilled to add him as a strong resource to our team and the clients we serve.”

Prior to his career in law, Anderson worked at an international logistics company where he helped launch its international division, opened its first European offices and handled contract negotiations, among other responsibilities.

“The technology focus of Britt’s practice is a natural fit for Perkins Coie’s Bay Area client base,” said James Vana, Firmwide Chair of Perkins Coie’s Trademark, Copyright, Media & Brand Protection practice. “Britt offers the right expertise, practice focus and interests to establish and grow a strong California trademark practice for the firm.”

Anderson earned his J.D. from Santa Clara University School of Law, where he also served as Managing Editor of the Santa Clara Law Review. He received his M.B.A. from the University of California, Berkeley and his B.A. from the University of California, Santa Cruz. Anderson was previously a partner at K&L Gates.

Michael Best Strategies has partnered with Robert Gross, who will also serve as senior counsel for Michael Best & Friedrich LLP.

As a senior advisor at Michael Best Strategies LLC, Gross will provide a national perspective on corporate governance for both public and privately-owned companies. He has experience in mining, energy, environment, higher education areas, and the banking and financial services industries, the firm said in a release.

Gross has served as a bank president and CEO, general counsel, and corporate secretary. He also served six years as a state government cabinet-level executive director. Gross was appointed by the George W. Bush administration to serve in Baghdad as a senior advisor to the Iraqi Ministry of Labor and Social Affairs.

“Robert adds an unmatched depth and dimension to our team,” said Rob Marchant, President of Strategies. “He brings an unparalled understanding and knowledge of corporate finance and governance, which will greatly benefit our clients across the country.”

“I’m so pleased to join the Michael Best team,” said Gross. “It’s a tremendous opportunity to blend my experience and relationships in business, law, and government to help the businesses we serve.”

“Robert offers unique skills in a specialty trade that requires both legal and business management expertise,” commented Jeff Hartley, Michael Best Strategies partner based in Utah. “Growth in a startup company, mergers and acquisitions, succession in family-owned businesses, and many other reasons may create a need for a board of directors to evolve the structure of its governance. A board of directors with a healthy governance model is good for the board, good for management and good for shareholders. With Bob’s experience as an attorney, a bank president, the director of a large state government agency and as the current president of Robert C. Gross Associates, Robert is in a position to add tremendous value as a member of the Michael Best Strategies team.”

The Association of Corporate Counsel has published an in-depth, self-reported compensation survey for in-house counsel and legal operations professionals.

For companies seeking to stay competitive in the marketplace and lawyers considering career moves, access to detailed compensation data for in-house counsel and legal operations professionals is essential, the ACC says on its website.

Based on responses from more than 5,000 lawyers in corporate legal departments from 65 countries and 39 different industry sectors, this first-ever ACC Global Compensation Report is available from the organization.

Download the report.

Black Duck Software has posted the “451 Research Business Impact Brief: Don’t Leave Open Source Risk Analysis Out of M&A Due Diligence” to help readers learn why an open source audit is crucial for firms acquiring companies, undergoing mergers, or entering joint ventures.

The report is available for downloading from the Black Duck website at no charge.

The growing use of open source in software development exposes companies to potential security vulnerabilities and license compliance issues that must be managed, the company says on its website. To mitigate these risks, 451 Research urges companies to make Software Composition Analysis (SCA) part of their M&A due diligence.

In this Business Impact Brief, 451 Research assesses the growth of open source components in software development, its serious security and license risks for potential acquirers of software IP and looks ahead to the future of why these trends aren’t slowing down anytime soon.

Download the report.

The Senate reached a deal Tuesday to swiftly confirm seven federal district court judges, helping President Donald Trump put an enduring stamp on the U.S. judiciary, reports Bloomberg.

One of the Trump nominees, Charles Barnes Goodwin in the Western District of Oklahoma, had been rated “not qualified” by the American Bar Association. Goodwin’s “work habits, including his frequent absence from the courthouse until mid-afternoon,” raised doubts among a majority of the members of the ABA Standing Committee on the Federal Judiciary.

Susan Paradise Baxter, whom President Barack Obama also nominated but who was stalled by the Republican-controlled Senate, was confirmed to the Western District of Pennsylvania.

The Senate is scheduled to vote on a second failed Obama nominee to the same court, Marilyn Jean Horan, along with seven other district court nominees, “at a time to be determined next week.”

Read the Bloomberg article.

Image by Mike Mozart

Demos Parneros, former CEO of Barnes & Noble, is suing the bookseller in federal court over his firing last month.

CNN reports that Parneros says in the complaint that Barnes & Noble fired him without cause and “irrevocably damaged” his reputation.

Julia Horowitz writes that the suit alleges breach of contract and defamation and asks for severance, lost wages and other damages. The lawsuit says he was not paid severance due under his contract and was removed from the board immediately, after serving as chief executive since April 2017.

Parneros also complained that a Barnes & Noble press releaseon his termination included language that it “knew full well was false but would be read as reporting that Parneros had engaged in serious sexual misconduct.”

Read the CNN article.

The ABA Journal reports that a Cleveland lawyer who was arrested and held in contempt after missing a show-cause hearing will get a new chance to make his case before a different federal judge.

U.S. District Judge John Adams of Akron had ordered the arrest of Brent English after the lawyer didn’t appear for an Oct. 29, 2015, hearing to show cause why he shouldn’t be held in contempt for missing a prior court date on Oct. 21. Federal marshals delivered English to Adams’ courtroom and the judge held a hearing. Adams found English in contempt and fined him $500, writes Debra Cassens Weiss.

The appeals court said in its Aug. 23 decision that Adams had used the wrong standard to judge what amounted to a criminal contempt case against English.

Read the ABA Journal article.

A federal administrative law judge arrested last week, accused of threatening the mother of his child with a rifle, shot and killed himself early Friday morning, ending a tense 10-hour standoff in Florida, reports the Miami Herald.

Police and federal agents had already confiscated a weapons cache from the home of Timothy Maher a few days before he took hostages and then killed himself. Three hostages were unharmed.

“The standoff was the culmination of a 10-day cat-and-mouse game between the troubled judge and local and federal law enforcement that began with Maher being arrested on firearms charges and included the shutdown of a downtown Miami Social Security office,” reports the Herald.

Read the Miami Herald article.

Bloomberg Law reports that a plaintiff in a bellwether products liability case involving the chemotherapy drug Taxotere was sanctioned for withholding information about her medical history.

Plaintiffs in the case claim Sanofi-Aventis U.S. LLC failed to warn patients that Taxotere could cause permanent hair loss.

Reporter Michael Greene explains: “Dr. Kelly Gahan, a bellwether plaintiff in the multidistrict litigation, used evasive discovery tactics to avoid revealing information about medical treatment she had received, Judge Jane Triche Milazzo, of the U.S. District Court for the Eastern District of Louisiana, said.”

Gahan did not reveal all the physicians who provided treatments to her over an eight-year period and whether she used any over the-the-counter medications. Now she must pay Sanofi expenses and attorneys’ fees incurred in obtaining the records.

Read the Bloomberg Law article.

The U.S. Environmental Protection Agency’s proposed Affordable Clean Energy (ACE) rule would establish guidelines for states to develop plans to address greenhouse gas emissions from certain existing fossil-fuel-fired power plants.

A post on the Beveridge & Diamond website says ACE would replace the Obama Administration’s 2015 Clean Power Pla, which EPA has proposed to repeal on the basis that it exceeded EPA’s authority.

“In particular, the current Administration does not believe it has authority under Section 111 of the Clean Air Act to require regulated entities to take actions “outside the fenceline,” as contemplated by the CPP.  Accordingly, the ACE plan would impose only “inside the fenceline” requirements on electric generating units,” write authors Brook J. Detterman and Grant Tolley.

Read the article.

Morgan Lewis discusses a frequent point of contention between parties negotiating the allocation of risk related to intellectual property rights in connection with the acquisition of intellectual property: the interplay between the warranty and indemnification sections.

In the post, authors Emily R. Lowe and Susan Milyavsky break down what to look for in these sections and how minor changes in the language can significantly change the rights a party is granting or receiving.

The post is part of the firm’s Contract Corner series in the Tech & Sourcing blog.

Read the article.

Although a settlement agreement may bind one or more parties to its confidentiality provision, an attorney’s signature under the words “approved as to form and content” does not impose any specific obligation on the attorney to maintain the confidentiality of the settlement, according to a recent California appellate ruling.

The Jackson Lewis California Workplace Law Blog discusses a case in which the court found the attorney was entitled to the granting of an anti-SLAPP motion in a case against him for breaching the confidentiality provision of the settlement, finding that he was not a party to that agreement.

“Recognizing that confidentiality is often a material term of a settlement agreement, the Court noted that a way to avoid this issue is to draft a settlement agreement that explicitly makes the attorneys parties to the agreement (even if only to the confidentiality provision) and explicitly requires them to sign as such,” according to the authors, Ellen E. Cohen and Hazel U. Poei.

Read the article.

When operating its business, an employer should consider whether and when to implement employment agreements with certain employees, explains Judy Yi in a post for Polsinelli.

When considering whether an employee should execute an employment agreement, employers should consider five factors.

Yi discusses those five factors, which include complex or specialized compensation, restrictive covenants, employment for a definite term, change in control, and specific post-termination provisions.

Read the article.