The FBI is investigating a lobbying contract between Jackson County in Misssouri and Biglaw firm Polsinelli, The Kansas City Star reports.

A federal judge referred to the investigation of a lobbying contract last week as she sentenced former Jackson County Executive Mike Sanders and top aide Calvin Williford to prison for conspiracy to commit wire fraud.

The article by Steve Vockrodt and Mike Hendricks explains:

Federal lobbying disclosures show that Polsinelli began lobbying for Jackson County in 2010 until the relationship was terminated in April 2018. Jackson County paid the law firm $1.27 million, largely for lobbying on transportation issues.

It’s not publicly clear what investigators are examining, but multiple sources have said part of the investigation concerns questionable travel expenses.

Read the KC Star article.

The Orlando Sentinel is reporting that the founder of Tea Party Nation has been disbarred for trying to swindle timeshare owners into thinking they canceled their timeshares.

Tennessee attorney Judson Wheeler Phillips, a senior partner with Nashville-based Castle Law Group and founding member of the conservative Tea Party group, was accused of taking off with the money he earned from the fraudulent transactions, the Tennessee Supreme Court has ruled.

Federal lawsuits were filed against Phillips by Westgate Resorts and Orange Lake Resorts, both based in Orlando, as well as Las Vegas-based Diamond Resorts and Fort Lauderdale-based Berkley Resorts. More than 90 consumer fraud complaints also were filed.

Read the Orlando Sentinel article.

A recent article posted on the website of Haynes and Boone analyzes nationwide trends in the filing and certification of royalty class action cases, which result in much greater exposure to producers than individual royalty owner cases. For example, in the past five years, producers have settled class actions for amounts in excess of $80 million.

“Ninety-six putative class actions filed during the period from 2001 to the present are analyzed in this article. Since Congress enacted the Class Action Fairness Act of 2005 (CAFA), most of these cases were litigated in federal court,” write David Ammons and Mike Stewart.

“These cases deal almost exclusively with alleged underpayment of natural gas royalties (oil royalty litigation rarely arose during the period analyzed).”

Read the article.

Dan Harris of Harris Bricken, LLP, writing in China Law Blog, updates his earlier discussion of the dangers of relying on China employment contracts that split the salaries of expatriate employees working in China.

He explains that Chinese company employers may hire expats with the promise that they will get paid 30 percent in China and 70 percent in Hong Kong or some other country, and then the worker never gets the 70 percent.

“Both you and them are engaging in tax fraud but all that should matter for you is that you are engaging in tax fraud — assuming your employer actually pays you outside China, which they often do not,” Harris writes.

The takeaway is that a less than fully legal, truly enforceable contract is no contract at all.

Read the article.

A post on the website of Meislik & Meislik discusses the differences between two contract provisions that sometimes are confused: forum selection and choice of law.

Ira Meislik explains:

What’s a forum selection provision? That’s the one your agreement says where you can file suit to enforce your agreement. What is often confused with a forum selection provision? That would be a choice of law provision. That’s where the parties agree as to which state’s law will apply to their agreement. Once you are properly in any state’s courts, those courts can apply whatever law you’ve agreed should be used.

His article describes how the two provisions work in various states and then concludes with six points to keep in mind during the drafting process.

Read the article.

There is a growing trend in the construction industry wherein contractors, subcontractors and designers are working together to pursue large construction projects, according to a JD Supra post by Snell & Wilmer.

“The terms of these collaborations are typically referred to as ‘teaming agreements’ which are intended to define the relationships, rights and responsibility of all parties involved during both the pursuit of the work and, if ultimately successful, the performance of the project including the financial remuneration,” the post explains.

It continues: Your goal in drafting these agreements is to define the relationship, the rights and responsibility of all parties involved on the “team” during both the pursuit of the contract and, if the contract is awarded, the performance of the project.”

Read the article.

As a general practice, section headings should be used to identify the general subject matter of each contract provision, making it easier for the reader, writes Julie Brook for CEBblog.

“Section headings are very useful for ease of reference. They enable the reader to skim an agreement when searching for a particular provision or group of provisions,” she explains. “But headings can be a trap for the unwary—courts have used them to interpret the parties’ intent when a provision is ambiguous or misleading.”

She offers some advice on how the contract drafter can avoid the unintended consequences of headings.

Read the article.

The Chicago Tribune tells the story of a former general counsel who had been unemployed and job hunting for three years when he came across a position that seemed promising, but for this part of the ad: “3 to 7 years (no more than 7 years) of relevant legal experience,” it said.

The story of Dale Kleber, who was 58 at the time, illustrates a bigger story of the critical question about whether job applicants can pursue lawsuits at all in such cases, explains reporter Alexia Elejalde-Ruiz.

“The federal Age Discrimination in Employment Act prohibits discrimination against people over 40, but there is dispute about whether Congress intended for the law to protect external job applicants, not just current or former employees, against policies that appear to be neutral but have a disproportionate adverse effect on older people,” she writes.

Kleber’s experience includes a stint as general counsel at Dean Foods and, most recently, as CEO of a dairy products trade group.

Read the Chicago Tribune article.

Fish & Richardson has “reassessed” its earlier decision not to give raises to associates and now has reversed course and will set starting salaries for associates at $190,000, reports Above the Law.

“According to the firm-wide email, the powers that be at Fish ‘continued to monitor market conditions’ and ‘listened to the reactions of associates throughout the Firm’ and whaddaya know, and they’ve ‘reassessed’ their position. Turns out hitting the $190,000 mark for starting associate salaries is good business,” writes editor Kathryn Rubino.

Seventh-year associates can look forward to salaries of $325,000 on the new scale.

Read the Above the Law article.

The ABA Journal reports that A Florida lawyer defrauded, deceived and embezzled funds from two mentally disabled clients who were declared innocent after spending 31 years in prison, according to a complaint filed Wednesday by the North Carolina State Bar.

“Henry McCollum and his half-brother, Leon Brown, were exonerated in 2014 after serving decades in prison for the notorious rape and murder of an 11-year-old girl. They received $750,000 each from the state in compensation,” writes Joseph Neff for the Marshall Project.

Orlando lawyer Patrick Megaro took excessive fees when he pocketed a third of the awards despite having done virtually no work on their exonerations or compensation cases, the state bar alleges.

Read the ABA Journal article.

Greensfelder, Hemker & Gale, P.C. announced the launch of its office in the Cortex Innovation Community, which the firm described as “a thriving innovation hub and technology district integrated into the historic Central West End and Forest Park Southeast neighborhoods of St. Louis.”

In a release, the firm said more than 20 Greensfelder attorneys from diverse practice groups staff the office on a rotational basis, with at least two lawyers on site each weekday. The attorneys provide legal services and general business counsel to entrepreneurs and start-up businesses that are part of the Cortex community. Greensfelder also plans to provide educational resources, including seminars, for community participants.

“The success of the St. Louis start-up community, of which Cortex is an integral part, is important to all players in the community, including law firms,” said Mark E. Stallion, a Greensfelder Officer and intellectual property attorney who leads the firm’s Cortex team. “The question is, are you going to sit on the sidelines and watch this development from a distance, or are you going to be a key contributor to the effort? Our desire at Greensfelder is to be a major part of Cortex as growth continues.”

Situated in the Cortex 4220 building, the Greensfelder Cortex team includes attorneys, both officers and associates, with significant experience advising businesses and entrepreneurs on the legal matters essential to their success and growth. They practice in areas that include employment law, intellectual property, litigation and business services, and serve diverse industries that range from technology and financial services to health care to media and retail, among others.

“One of the most common first mistakes of successful start-up companies is failure to get the right legal advice up front. We strive to educate this community in that regard, while also offering innovative and scalable fee structures that make it very palatable for start-ups to take advantage of our services,” Stallion added. “Our goal is to build constructive, long-term relationships with these entrepreneurs and start-ups to help make sure the community succeeds.”

Stallion said Greensfelder’s integration into the Cortex community also benefits the firm’s other clients, including large corporations and companies of all sizes, that already have existing relationships with businesses in Cortex or that may benefit from exploring new collaborative relationships.

Stallion added that Greensfelder’s Cortex team is purposefully diverse in terms of age, gender, ethnicity and race.

“We feel it is important that the makeup of our Greensfelder team on site reflects the rich diversity and inclusion that is distinctly prevalent both throughout the Cortex community and at our firm,” Stallion said.

In addition to Stallion, Greensfelder’s Cortex attorneys (and their practice areas) include the following:

– Cassie L. Barr (Business Services)
– Lauren A. Daming (Employment & Labor)
– John C. Drake (Litigation)
– Gino P. Gusmano (Litigation)
– Lauren B. Harris (Employment & Labor)
– Andrew M. Hartnett (Litigation)
– Clark Hedger (Litigation)
– Rachel M. Hirshberg (Business Services)
– Jennifer M. Horrom (Health Care)
– Audrie R. Howard (Employment & Labor)
– Karen M. Johnson (Intellectual Property)
– Carson Maricle (Business Services)
– Andrew M. Mitchell (Trusts & Estates)
– Erika N. Reynolds (Litigation)
– Juliane M. Rodriguez (Litigation)
– Debbie J. Sluys (Business Services)
– Zackary G. Smith (Litigation)
– Patrick J. Sweeney (Business Services)
– Camille P. Toney (Employment & Labor)
– Mary Ann L. Wymore (Intellectual Property /Litigation)

Cortex houses more than 250 technology-related start-up programs and established businesses and is considered the Midwest’s premier innovation hub of bioscience and technology research, development and commercialization. The community is surrounded by nationally ranked universities and medical centers and numerous cultural attractions and recreational amenities. The master plan for Cortex includes $2.3 billion in construction, more than 4.5 million square feet of mixed-use development, and 15,000 permanent, technology-related jobs. The community also connects to a new MetroLink light-rail station, which opened this summer.

Five Estes Thorne & Carr partners have been named to the 2019 listing of The Best Lawyers in America and the 2018 listing of Super Lawyers by Thomson Reuters.

In commercial  law, Dawn Estes was recognized by Best Lawyers, and she won Top 100 recognition from Super Lawyers.

In family law, Jessica Thorne won recognition from both awards lists, and Lori Carr won dual recognition in labor law.

In commercial litigation, Carol Payne won dual recognition, and Linda Moore was honored by Super Lawyers.

Read about the honors.

The Washington Post reports on a meeting of the country’s top federal and state law enforcement officials on Tuesday that could presage sweeping new investigations of Amazon, Facebook, Google and their tech industry peers.

Participants voiced lingering frustrations that these companies are too big, fail to safeguard users’ private data and don’t cooperate with legal demands.

“Attorney General Jeff Sessions opened the meeting by raising questions of possible ideological bias among the tech companies and sought to bring the conversation back to that topic at least twice more, according to D.C. Attorney General Karl A. Racine,” according to reporters Brian Fung and Tony Romm.

But other participants steered the conversation toward the privacy practices of Silicon Valley.

Read the Washington Post article.

A federal appeals court Tuesday ruled that Uber can force its drivers into individual arbitration over pay and benefit disputes, voiding an effort by thousands of drivers to join in a class-action suit against the ride-hailing company, according to the Los Angeles Times.

The U.S. 9th Circuit Court of Appeals in San Francisco overturned a lower-court order that had certified the drivers’ class-action effort.

The court’s opinion cited a 5-4 U.S. Supreme Court decision in May that employers could enforce arbitration agreements that require workers to give up the ability to collectively pursue claims that they were shortchanged or treated unfairly.

Read the LA Times article.

Newsday is reporting that federal prosecutors in Brooklyn have charged a Queens-based defense lawyer with bribing a witness in an effort to alter the outcome of a notorious 2015 Suffolk County gang-related double-murder trial that involved the execution of a construction flagman who had “disrespected” the killer.

Reporter John Riley explains: “Lawyer John Scarpa, 65, of Hauppauge, represented defendant Reginald Ross, a Crips leader from Yaphank ultimately convicted in Suffolk Supreme Court of the 2010 murders of flagman Raymond Hirt and John Williams, whose killing was designed to lure a friend who owed Ross drug money back to New York.”

Prosecutors allege Scarpa plotted to bribe a witness who had pleaded guilty to participating in the Williams murder, to perjure himself at the Ross trial.

Read the Newsday article.

The readers of Texas Lawyer have selected Muse Communications LLC as one of Dallas’ best legal public relations agencies. The recognition came as part of the publication’s “Best of 2018” survey, in which readers selected the state’s best legal vendors.

Founded in 2016, Muse Communications provides content marketing and public relations for lawyers and law firms.

“We’re excited to make this list after only two years in business, and it’s wonderful to be in such great company,” says Amy Boardman Hunt, the firm’s founder.

Read more about the honor.

Michael Aldana has been appointed Quarles & Brady LLP’s managing partner, effective Oct. 1, 2018. Daniel Radler, who currently serves in that position, is retiring from Quarles & Brady.

Aldana will be the third managing partner in the firm’s history and his new responsibilities will include operational leadership for the 11-office, AmLaw 200 firm including strategic growth initiatives following the firm’s recent opening of a Minneapolis office. He has been with Quarles & Brady for more than 20 years and is a partner in its Labor & Employment Group representing a broad range of employers in all facets of labor and employment law.

“Mike’s commitment, expertise and ongoing success at Quarles & Brady are a few of the many reasons he is very well qualified to be our managing partner. I am thrilled to be working with him as we continue our national growth,” said Kimberly Leach Johnson, firm chair of Quarles & Brady. “We thank Dan for the years he served as managing partner and as our partner and look forward to Mike’s success in this new role.”

Aldana has been on the firm’s Executive Committee since 2016, serving as Section Chair and also as the firm’s employment counsel. Aldana previously chaired Quarles & Brady’s Legal Personnel and Recruiting Committees, and served on the firm’s Diversity and Inclusion Committee. He has been recognized in numerous publications, including Super Lawyers and Best Lawyers, and was recently inducted as a Fellow of the Wisconsin Law Foundation.

Aldana is a member of the Milwaukee Bar Association, State Bar of Wisconsin, and the American Bar Association. He is also a member of the Board of Directors for the Metropolitan Milwaukee Association of Commerce; Seeds of Health, a Milwaukee charter school network; and, Children’s Outing Association.

Aldana received his J.D. from the University of Michigan Law School and a Bachelor of Arts from the University of Wisconsin-Milwaukee. He also received certificates from Harvard Law School’s Executive Education program (Law Firm Leadership, 2016) and the University of Notre Dame Mendoza College of Business (Executive Management, 2013).

“I’m honored to be selected to serve as managing partner. I look forward to helping continue the firm’s growth, keeping clients at the forefront of our business, and working with our partners, attorneys and staff to maintain the inclusive, people-first culture that has always been a core value of Quarles & Brady,” said Aldana.

Littler has named Thomas Burns as its chief financial officer (CFO), based in the firm’s Kansas City office. Burns, a financial executive with more than 25 years of experience across multiple industries, will be responsible for Littler’s accounting strategy and overseeing the firm’s financial operations.

“Tom has an impressive and long-standing track record of managing large and sophisticated finance departments across a wide range of industries. His deep experience will be instrumental as we continue to expand and improve upon our processes to achieve optimal organizational value,” said Littler’s Chief Operating Officer Robert Domingues. “Furthermore, as a local Kansas City resident, Tom represents the talented labor pool we are able to draw from to support Littler’s world-class Global Services Center.”

Burns has spent much of his career with DST Systems, Inc., a publicly traded company based in Kansas City. He started as the Director of Financial Planning & Analysis (2001-2007) and later served as CFO of the subsidiary DST Customer Communications (2007-2016) until its sale to Broadridge Financial Solutions, Inc. As part of that transaction, which he helped orchestrate, Burns joined Broadridge Customer Communications as the subsidiary’s CFO. “I was really impressed by Littler’s innovative and technology-driven approach to serving clients, where business and legal issues are addressed together to benefit the firm’s blue-chip client base,” Burns said. “Furthermore, the collective resources and talent in the Global Services Center is a true representation of a work environment of collaboration, innovation and connectedness.”

Burns began his career as an auditor and financial analyst and worked with premier professional services firms and corporations, including PricewaterhouseCoopers, UOP (n/k/a Honeywell UOP), Boots Pharmaceuticals (n/k/a Abbott) and the Quaker Oats Company (n/k/a PepsiCo). He earned his MBA from the Kellogg School of Management at Northwestern University and his BBA from Loyola University Chicago.

Buchalter announced that a team of former Archer Norris attorneys, including the firm’s former managing shareholder, have joined the firm. Douglas C. Straus joined as a shareholder; Peter W. McGaw has joined as of counsel; and Benjamin C. Ellis and Zachary B. Young have joined as attorneys. All join the firm’s San Francisco office. Both Straus and Young will also join the Litigation Practice; McGaw and Ellis will join the Litigation and Environmental and Natural Resources Practice.

“I am so pleased to welcome Doug and this talented team of attorneys to Buchalter. They will make strong contributions to both the office and the Firm. Incorporating their wealth of knowledge and expertise, especially in environmental regulation, provides additional value to our clients,” said Adam J. Bass, Buchalter President and Chief Executive Officer.

A release from the firm continues:

Douglas Straus focuses his practice on commercial litigation in the areas of financial services, real estate development and lending, solid waste management, healthcare, and insurance.
Straus represents both private and public sector clients in dispute resolution in business, real estate, and public sector conflicts. As a skilled litigator, Straus has prevailed in jury trials, court trials and arbitrations involving tens of millions of dollars.

Straus earned his J.D. from the University of California, Berkeley School of Law and his B.S. highest distinction, from Northwestern University.

“Joining Buchalter was an easy decision for us. Given the firm’s strong platform, I look forward to integrating my clients and providing them with the impressive resources the firm offers,” said Douglas Straus, shareholder.

Litigation attorney Zachary Young advises clients on matters involving contract disputes, fraud, intellectual property rights, including trade secret misappropriation, class action matters, and other complicated business disputes. Young has been successful in cases in both federal and state court, including the Ninth Circuit Court of Appeals.

Young earned his J.D., cum laude, from the University of California, Hastings College of the Law. Young received a double major, magna cum laude, from Santa Clara University, including a B.S. in Political Science and a B.S.C. in Business Management.

Of counsel Peter McGaw is an expert in environmental law. His practice includes regulatory, remediation, and property damage matters arising out of environmental legislation. McGaw also advises on legislative and regulatory drafting, and advocacy on environmental issues.

McGaw earned his J.D. from the University of California Berkeley School of Law and his B.A. Phi Beta Kappa from Stanford University.

As a litigation attorney, Benjamin Ellis’ environmental law experience includes working on matters associated with water contamination, permitting disputes, CERCLA and toxic exposure. Ellis has worked alongside government groups: DTSC, CPUC, LACMTA, CARB, RWQCB and Caltrans.

Ellis earned his J.D. with a concentration in environmental law from Vermont Law School. Ellis received his B.A. from The Evergreen State College.

Stephanie Roy has joined Perkins Coie’s Technology Transactions & Privacy practice as a partner in the Washington, D.C. office. Roy also joins the firm’s Communications industry group.

Roy’s practice includes advising satellite, telecommunications, and new media companies on regulatory matters before various governing bodies. She has a technical background, having been a researcher and analyst in the aerospace and satellite industries before becoming an attorney.

“It’s rare that you find a lawyer with the technical prowess and depth of subject matter expertise who is able to handle complex tech transactional and telecom regulatory matters in the U.S. and abroad,” said Tom Bell, firmwide Co-Chair of Perkins Coie’s Technology Transactions & Privacy practice.

Marc Martin, firmwide Chair of Perkins Coie’s Communications industry group, adds: “Stephanie’s work with global tech and telecom giants underscores the importance of her addition to our strategic objectives and developing these key sectors on a national scale.”

Roy’s significant work includes counseling global internet platforms on domestic and foreign telecommunications regulatory issues in support of international connectivity. She also has represented key industry players before the Federal Communications Commission (FCC) and Department of Justice (DOJ) to challenge noteworthy proposed mergers in the telecom and media sectors. Roy has been involved in a number of crucial industry proceedings, including the FCC and D.C. Circuit cases involving net neutrality, the firm said.

“Stephanie’s FCC regulatory experience will make an immediate impact on our TTP team and Washington, D.C. office,” said Bill Malley, Managing Partner of Perkins Coie’s Washington, D.C. office. “Her dual proficiency in tech transactions and telecom work is a rare find that will nicely complement our national clients. We’re thrilled to welcome her to the firm.”

Since 2014, Roy has been recognized in the Legal 500 U.S. for her work in Media, Technology & Telecoms – Regulatory (2014, 2017, 2018) and Transactional (2014, 2017), and was named to the 2017 Washington, D.C. Super Lawyers Rising Stars list. She was also named a Fellow for the Leadership Council on Legal Diversity in March 2018.

Roy received her J.D., summa cum laude, from The George Washington University Law School, and both a B.S. and B.A., summa cum laude, from American University. She also holds an M.A. in science and tech policy, summa cum laude, from The George Washington University, and an M.S. in applied physics, summa cum laude, from Johns Hopkins University. Prior to joining Perkins Coie, Roy was a partner at Steptoe & Johnson.