Lauren G. Raines has joined Bradley Arant Boult Cummings LLP’s Tampa office as a partner in the Banking and Financial Services and Real Estate practice groups, the firm announced in a release.

“It is a pleasure to welcome Lauren to our Tampa office,” said Bradley Tampa office managing partner R. Craig Mayfield. “By combining her transactional practice in commercial lending with her track record and experience in litigation, Lauren is well positioned to help our clients maximize opportunities for business success in diverse financial and real estate matters. She is a great addition to our firm.”

The firm said Raines handles commercial lending transactional matters as well as financial services litigation. Her litigation work has involved commercial and consumer mortgage foreclosure trials for banks and mortgage servicers across Florida. She also has experience handling lender liability claims, usury actions, lien priority claims, fraudulent transfer claims, and violations of federal and Florida consumer protection statutes. In her commercial lending transactional practice, Raines handles construction loans; loans secured by retail centers, industrial facilities and multi-family housing; and asset-based loans. She also handles loan assumptions, defeasances, loan workouts, debt restructurings and forbearances, and she regularly advises clients on Florida documentary stamp tax issues related to complex lending transactions.

Prior to joining Bradley, Raines was a partner with Quarles & Brady LLP.

Raines received her J.D. from the Benjamin N. Cardozo School of Law – Yeshiva University and her Master of Laws from New York University School of Law. She also holds a Bachelor of Arts (with honors) from the University of Florida.

James (Jim) M. Davis has joined Perkins Coie’s Insurance Recovery practice as a partner in Chicago, the firm announced in a release.

“Insurance recovery litigation remains a challenging area requiring experience and skill, especially given the continuous evolution of risks and exposures facing businesses, regardless of industry,” said Robert Jacobs, chair of Perkins Coie’s Insurance Recovery practice. “Jim has years of experience and a record of success concerning a wide range of insurance issues and will deepen our bench of seasoned attorneys assisting policyholders in enforcing their rights to insurance coverage.”

The firm said Davis advises insurance policyholders on coverage matters, including a variety of product liability disputes, recalls and product contamination. He also works on liability cases related to cyber issues and directors’ and officers’ issues, and employment matters. Jim also represents manufacturing and service industry clients in matters related to unfair competition, indemnity, breach of contract and the Racketeer Influenced and Corrupt Organizations Act.

Davis earned his J.D. from the Chicago-Kent College of Law, where he was awarded the Order of the Coif. He received his B.A. from the University of Washington. He joins the firm from Reed Smith, where he previously had served as the deputy practice group leader of the Insurance Recovery group.

“Illinois and the greater Chicago market are major hubs for insurance coverage litigation in the United States,” said Rick Sevcik, managing partner of Perkins Coie’s Chicago office. “Jim’s experience, reputation, and leadership will be assets to the firm, the Chicago office and our client relationships. In addition to his excellent local reputation in the Midwest, he will be able to leverage a strong national network, including in Seattle.”

Peter T. Tschanz has joined Littler as an associate in the Indianapolis office. He joins from Bingham Greenebaum Doll LLP.

“Peter has an impressive background representing management in a variety of industries on their most pressing employment law issues,” said Alan L. McLaughlin, Indianapolis office managing shareholder. “His experience and skillset will add further depth to our service to regional and national clients and we are excited to welcome him to our team.”

In a release, the firm said Tschanz counsels companies on a wide-range of issues that arise out of the employer-employee relationship, including hiring, performance management and termination issues; wage and hour compliance; and development of noncompetition and trade secret agreements. He also represents employers in litigated disputes, arbitrations and before administrative agencies, and on compliance with federal and state employment laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act and the Family and Medical Leave Act.

Tschanz received his J.D., magna cum laude, from Indiana University Robert H. McKinney School of Law and his B.A. from Loyola University Chicago. He has been recognized as a Rising Star for Employment & Labor by Indiana Super Lawyers each year from 2012 to 2019 and was selected for inclusion in the 2019 edition of Best Lawyers in America for Employment Law – Management.

REIT tax lawyer Cristina Arumi is rejoining Hogan Lovells, the firm announced in a release.

She will be head of the firm’s U.S. REIT tax practice and will work alongside David Bonser, who heads up the REIT practice. Arumi joins from Ernst & Young, where she worked in the REIT and pass-through group from the national tax office.

“Cristina is a superstar – she is highly regarded by clients and colleagues for her lightning-sharp tax acumen, creative solutions, and strong client relationship skills,” said Prentiss Feagles, a Hogan Lovells partner who has led the REIT Tax practice. “These qualities, together with her strong leadership skills, make Cristina perfect to work with David Bonser and others in building one of the strongest REIT practices in the United States.”

Before departing for Ernst & Young in 2013, Arumi spent 17 years with Hogan Lovells, focusing her practice on the tax aspects of capital markets and M&A transactions, including REITs, real estate funds and joint ventures as well as the tax aspects of foreign investment in U.S. real estate. As a principal in Ernst & Young’s national tax department’s pass-throughs and real estate group, Arumi led real estate transactions working extensively with REITs, including many clients of Hogan Lovells, sovereign wealth funds and other major investors in U.S. real estate, the firm said.

“Hogan Lovells’ REIT practice is one of the best in the country, and I am excited to rejoin the team,” Arumi said. “I’ve maintained strong relationships with many of my friends and colleagues at Hogan Lovells, and I’m looking forward to the opportunity to work with David and the other partners to build on the continued success of the REIT practice.”

Arumi received her B.A. from the University of North Carolina, her J.D. from Duke University School of Law, and her LL.M in tax from the Georgetown University Law Center.

Above the Law reports that a U.S. District Judge delivered a benchslap to a Baker Donelson partner and a senior public policy advisor after they tried to jump the line in a receivership situation involving a hundred-million-dollar Ponzi scheme.

The judge had put a hold on any individual victim trying to carve back money in lieu of allowing a receiver to get the maximum recovery for all victims, but then Jon Seawright, the Baker Donelson partner, and Brent Alexander, the firm’s lobbyist, went out and tried to recover some money.

The judge responded with a lecture about the concept of a receivership, using the boarding process on Southwest Airlines as an example, writes Above the Law’s Joe Patrice.

Read the Above the Law article.

First NBC Bank’s former top lawyer was charged in federal court Friday with conspiracy to defraud the New Orleans bank, which failed two years ago in the biggest U.S. bank collapse since the 2008 financial crisis, reports The News Orleans Advocate.

Gregory St. Angelo was First NBC’s general counsel for a decade until 2016. During that time, according to the Advocate‘s Anthony McAuley, he took out loans totaling tens of millions of dollars from the bank, many of which went into default.

“St. Angelo was charged in a bill of information rather than a grand jury indictment, generally a sign that a defendant has agreed to plead guilty and cooperate with prosecutors. He is due for a first appearance in federal court March 29,” writes McAuley.

Read the Advocate article.

The Dallas Morning News reports that Haley Taylor Schlitz, who graduated from high school at 13, is preparing to attend Southern Methodist University’s Dedman School of Law this fall, one of nine schools that accepted her, according to the American Bar Association.

Haley was homeschooled after her parents withdrew her from public school in the fifth grade because they didn’t like the way she was being taught, writes the Dallas News‘ Sarah Sarder. After high school, she began taking classes at Tarrant County College and started at Texas Woman’s University in 2017, according to her website.

“Haley initially wanted to go into medicine like her mother but now wants to become an attorney and advocate for gifted students from traditionally neglected communities. She has spoken out against systemic racism in American public schools,” according to Sarder.

Read the Dallas News article.

Some legal rankings and guides truly do a good job of identifying top-rate attorneys in various areas of practice, but others are simply brazen attempts to capitalize on a lawyer’s vanity in exchange for a fee, warns Bruce Vincent of Muse Communications.

“Knowing the difference between a reputable listing and one that holds no real meaning or value is key for effective marketing,” he writes. “Imagine spending money and time to promote your selection to a ‘best’ list only to find out that the other lawyers on the list have no business being there based on their level of experience or expertise.”

He explains the importance of learning how to spread the word about earning a spot on a top-lawyer list, because there is little chance that your honor will get noticed by your most important audiences. Then he offers suggestions on how to get real benefit from the honor.

Read the article.

The Federal Energy Regulatory Commission is continuing to aggressively investigate and bring enforcement action against companies that engage in energy market manipulation, reports WilmerHale in its 10-in-10 Hot Topics in Energy Series.

These investigations and proceedings mirror Commodity Futures Trading Commission (CFTC) action on financial market manipulation in the energy area.

“As the recent Powhatan and Silkman decisions indicate, the body of case law defining FERC’s enforcement authority continues to develop. Regulated companies should be aware that the statute of limitations in market manipulation cases will likely be read permissively. A strong internal compliance program, coupled with self-reporting in appropriate instances, can help reduce risk,” according to the article’s authors.

Read the article.

Expert Webcast will present a complimentary webinar roundtable titled “The Role of Financial Experts in Commercial Litigation.”

The event will be Tuesday, March 26, 2019, 1-2 p.m. Eastern time.

Speakers will be Dan Boland of Pepper Hamilton, Jeff Litvak of FTI Consulting, Clara Chin of FTI Consulting, and Alex Kasan of DelMorgan & Co.

Anyone who wants access to the replay of the webinar may indicate that preference in the last field of the registration form.

Register for the webinar.

A recent Texas Supreme Court opinion provides a definitive answer to the question of whether a party can ignore the written words of a contract that directly contradict what you are being told by your counterparty is the real deal.

Glenn D. West, writing for Weil, Gotshal & Manges LLP’s Global Private Equity Watch, discusses Mercedes-Benz USA, LLC v. Carduco Inc.

“While it is often said that fraud vitiates a contract that was entered into based upon that fraud (and such fraud would also trump the parol evidence rule), that statement is only true if there was actually legally-recognized fraud that induced the making of the contract. But a fraud cause of action does not consist simply of an allegation that the defendant made a false statement of fact to the plaintiff, knowingly or recklessly,” West writes.

The Texas Supreme Court found that “[b]ecause the conduct and action of [the defendants] on which [the plaintiff] relies to establish its fraudulent-inducement claim are directly contrary to the unambiguous terms of the contract it signed, we conclude that [the plaintiff’s] reliance thereon was unjustified as a matter of law.”

Read the article.

Barnes & Thornburg has added Mark Keenan as a partner in the firm’s Labor and Employment Department in the Atlanta office.

In a release, the firm said Keenan advises management on complex workforce issues, with an emphasis on union avoidance campaigns and matters before the National Labor Relations Board (NLRB). His experience spans several industries, including financial services, healthcare, manufacturing and construction.

“Mark helps clients minimize the inherent risks of managing a workforce and provides comprehensive legal counsel in connection with discrimination matters, NLRB enforcement, and wage and hour issues,” said Kenneth J. Yerkes, chair of Barnes & Thornburg’s Labor and Employment Department. “Additionally, he has a proven track-record of engaging clients in union avoidance activities prior to the formation of an actual campaign.”

Keenan’s practice also encompasses non-compete and trade secrets litigation; issues related to the National Labor Relations Act; matters before the Equal Employment Opportunity Commission; ERISA litigation; and arbitration cases. He has guided employers through collective bargaining negotiations; traditional labor cases before federal courts of appeal; and the implementation of employee retention strategies, the release said.

Keenan is the latest addition to the firm’s Atlanta office, which also just added commercial and IP litigator Christina Baugh. Previously, Keenan was a partner at Nelson Mullins Riley & Scarborough LLP.

“Over his 30-year career, Mark has earned the reputation as one of the top labor attorneys in the country,” said John T.L. Koenig, Atlanta managing partner and member of the Labor and Employment Department. “We’re excited to have him aboard and look forward to his contributions as we continue to grow our presence in the Southeast.”

Keenan earned his J.D., magna cum laude, from the University of Illinois College of Law, and his B.B.A from the University of Iowa.

Jackson Walker has added Jennifer Caughey as a partner in its Houston office. A civil litigator and former justice on the Texas First Court of Appeals, Caughey will co-chair the appellate section of Jackson Walker’s Trial & Appellate Litigation practice.

“We are honored to have Justice Caughey join the firm. She represents everything we look for in our attorneys—smart, energetic, and determined to get to the bottom of every case,” managing partner Wade Cooper said. “Her significant experience and capabilities are a natural fit for Jackson Walker.”

Houston litigation partner Chip Babcock said: “Justice Caughey was a highly respected judge on the Houston Court of Appeals and our clients will benefit tremendously from her insight gained from that experience now that she has reentered private practice.”

Litigation chair Ross Forbes Jr., added: “We are fortunate to have such an outstanding team of trial and appellate attorneys who offer a wealth of experience for our clients. Jennifer joins an ever-growing list of Jackson Walker attorneys who have served on the bench, including judges David Folsom and Len Wade.”

While serving on the First Court of Appeals, Caughey authored more than 125 opinions (half signed, half per curiam) and participated in approximately 450 decisions. She wrote decisions in cases involving high-profile commercial disputes; statutory, contractual, and common law claims; and constitutional challenges.

At Jackson Walker, Justice Caughey will focus on appellate matters and complex litigation, the firm said in a release.

“Serving on the First Court of Appeals was an extraordinary honor, and I will be forever grateful for the opportunity,” Caughey said. “Now, I’m excited to begin the next chapter of my career and join the strong team of attorneys at Jackson Walker.”

Jutice Caughey earned her law degree from Harvard Law School, where she was an executive editor of the Harvard Journal of Law & Public Policy. She received her bachelor’s degree from Princeton University’s Woodrow Wilson School of Public & International Affairs, graduating Phi Beta Kappa. After law school, Caughey clerked for the Timothy M. Tymkovich, chief judge of the U.S. Court of Appeals for the Tenth Circuit, and for Justice Robert J. Cordy of the Massachusetts Supreme Judicial Court.

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A study by U.S. News & World Report reveals that the 11 law schools with the highest scores on the  Law School Admission Test had average median scores of nearly 171.

That score compares with the national average median of 156, based on LSAT scores reported by 192 ranked schools to U.S. News in an annual survey.

Harvard University and Yale University tied for the top median LSAT score, with full-time law students entering in fall 2018 earning a 173 at both institutions, the magazine reports.

Read the U.S. News article.

The 5th U.S. Circuit Court of Appeals has overturned a $1.5 million award to ex-NBA All Star David West, who claimed he qualified for a payout in the BP oil spill settlement because he earned less in 2010 than in 2009.

Reuters reporter Alison Frankel explains that West “was in the fourth year of a five-year, $45 million contract with the New Orleans Hornets when the Deepwater Horizon rig exploded in 2010. West was paid every penny of the $45 million he was owed under his contract, including the full amount he was due in the year after the spill. He nevertheless argued – and the settlement administrator agreed – that under the definitions and formulas in BP settlement, he qualified for a payout for economic losses because he earned less in 2010 than in 2009. The 5th Circuit shut that right down.”

5th Circuit Judge Andrew Oldham, who wrote for the panel, didn’t see it that way: “In 2010, he earned exactly what he was entitled to receive under his contract.”

Read the Reuters article.

Justin Paperny, a a former Bear Stearns stockbroker who spent 18 months in federal prison for conspiring to commit fraud, has become a go-to resource for wealthy criminals preparing for prison, according to a report in The Washington Post.

He and his eight-person firm, White Collar Advice, have already been hired by one person tied to the college admissions scandal. Post reporter Peter Holley writes that Paperny provided an invoice showing a down payment of several thousand dollars. And multiple people charged in the scandal have reached out to him for advice, he said, and he suspects he may be hired by several of them.

“Paperny said his fee — which could reach tens of thousands of dollars for his latest client — is high, in part, because he’s one of the few people who can speak to upper-crust criminals in a language they understand,” writes Holley.

Read the Post article.

Three trends have dominated the practice of law, and personal injury law in Texas, writes Bryan O. Blevins, an equity partner with Beaumont, Texas-based Provost Umphrey Law Firm. These are tort reform, judicial activism, and technology.

Tort reform has resulted in many more deserving victims having the courthouse doors slammed shut than frivolous claims being denied, Blevins writes in the article originally published in Texas Lawyer.

“Judicial activism can best be seen in the increase of appeals accepted and the almost universal reversal of trial judgments that favor plaintiff personal injury victims,” in Blevins’ view. “In the last 20 years, we have seen the explosive growth of appellate courts substituting their own version of end-result oriented justice through the guise of ‘expert’ qualification and testimony.”

And new technologies are forcing attorneys to rethink questions that, under other circumstances, may have been much simpler to answer, he added, citing legal issues surrounding driverless cars as an example of the new challenges lawyers must face.

Read the article.

In just six years, immersive technologies of XR, including augmented reality, virtual reality and mixed reality, will be as ubiquitous as mobile devices. That’s the opinion of nearly nine in 10 respondents to a new survey of startup founders, technology company executives, investors, and consultants by global law firm Perkins Coie LLP and the XR Association.

Perkins Coie provided a summary of the survey results:

Strong Confidence About Future of Immersive Technologies, Despite Concerns About User Adoption

The broad feeling of optimism when it comes to the technologies listed above (more commonly referred to as AR, VR, and MR) shows the enormous potential of immersive technology as we enter the third decade of the 21st century.

Investment in the space is still somewhat unpredictable, but it surged in late 2018. The fourth quarter saw a spike in global venture capital deal value to $1.7 billion USD in AR and VR, more than the amount of the previous three quarters combined, according to PitchBook. Investment also rose year-over-year, from more than $2.5 billion USD in 2017 to $3.8 billion USD in 2018. There were slightly fewer total deals in 2018 and many of them were in later financing rounds – perhaps signs that investors are eager to jump in but want surer bets from more mature players. It could also be a sign that companies are staying around longer, maturing, and moving through the start-up realm to become more established. As one investor explained, “It is an exciting time to be living with this type of technology.”

But, similar to findings from past surveys, concerns remain about the quality of user experience and available content offerings, along with the pace of adoption. Respondents found user experience, such as bulky hardware or technical glitches, to be the biggest obstacle for mass adoption of AR (26 percent) and VR (27 percent), but that’s down from last year when user experience was at 39 percent for AR and 41 percent for VR. In 2019, content offerings were also a concern for mass adoption for both AR (24 percent) and VR (19 percent), staying similar to 2018’s survey for both for AR (25 percent) and VR (17 percent).

Despite these concerns, industry and investor sentiment remains positive. “The idea of VR and AR as a means of connecting people to the digital world in a much more natural and human way is profound,” said Tipatat Chennavasin, general partner at Venture Reality Fund. “It will help everyone benefit from the power of the digital economy. It allows us to redefine computer literacy—we can adapt the computer to the way we think and want to work.”

North America Top Region for Investment with Promise Elsewhere

As the potential of these technologies is realized, some geographies and sectors appear more promising than others. North America, perhaps not surprisingly, was considered the top region for investment by 62 percent of respondents and was expected to witness the fastest growth in the next five years (57 percent). Still, the survey found promise for the technologies around the globe. Only 13 percent of respondents identified the Asia-Pacific region as most promising for investment, but significantly, 18 percent said it will witness the fastest growth in the industry in the next five years, which represents a 38 percent spread in the tech-hungry Asian market.

As was the case in previous surveys, gaming again led the pack when it comes to how the technology could be applied. Fifty-four percent of respondents said gaming is where they expect to see the most investing in the development of immersive technology or content in the next 12 months. Not far behind, 43 percent of respondents chose healthcare and medical devices. There was a strong diversity of answers to the question – education, military and defense, and manufacturing and automotive were all chosen by at least 20 percent of respondents – an indication of how the space is maturing.

Workforce development also showed promise. When shown the statement, “XR is highly applicable to workforce development at this time,” 78 percent of respondents agreed. When then asked about the top workforce uses for XR, there was a connection between providing access to all information in real time and facilitating training and mirroring real-life experiences.

Industry Bolsters Privacy and Security Measures

When respondents were asked about legal risks while developing immersive technology, consumer privacy and data security (61 percent) came out on top. This was up significantly from Perkins Coie’s 2018 survey, in which only 44 percent of respondents listed consumer privacy and data security as a concern, most likely as a result of new regulations in the EU and California. Other top issues for 2019 included product liability/health and safety issues (49 percent), difficulty in licensing technology and IP (32 percent), potential infringement of third-party owned IP (30 percent) and compliance with platform requirements in publishing content (30 percent).

Companies have responded to these new regulations and privacy concerns by updating privacy policies and disclosures regarding consumer data (47 percent) the top identified way to address concerns. But other approaches didn’t fall far behind. Companies are also strengthening data security measures (42 percent), limiting the amount of personal information that is shared (40 percent) and training employees about risks (26 percent).

“Privacy and data security are prevalent topics across the board in technology companies, so it is not surprising that those involved with AR, VR, and MR are focused on these issues as well,” said Kirk Soderquist, Co-Chair of Perkins Coie’s Interactive Entertainment Practice. “But maybe more interesting is how companies are working to protect their consumers’ data and themselves in the process of complying with the GDPR and the CCPA. As companies work toward compliance as even more regulations are passed, I expect this to be a continued discussion in coming years.”

The survey was completed by 200 respondents from a variety of industries, more than half of whom held C-level or VP titles. To view the complete Perkins Coie Augmented and Virtual Reality Survey report, as well as an infographic summarizing the results, please click here.

In addition to Firmwide Interactive Entertainment Co-Chair Kirk Soderquist, the Perkins Coie attorneys who developed the survey report and analysis included Donald Karl, Jason Schneiderman, Andrew Grant, and Ronald Koo. For more information on Perkins Coie’s areas of focus in the AR/VR industry, please click here.

Forbes contributor Jack Garson says a company’s contracts can be remendous assets that lock down rights to money, goods and services. But common mistakes can ruin all of that.

In his article, he discusses five mistakes that can turn contracts into liabilities.

They include using a one-sided agreement, bad drafting, using outdated contracts, using agreements that ignore the law, and failing to prioritize.

Read the article.

CobbleStone Softare, developer of contract management software, announced the “Mastering Contract Management Blog Series.”

In a release, the company said the goal for this blog series is to address the biggest challenges of contract management by providing insights on how to improve contract management processes and optimize contract lifecycles with leading contract management software.

Blog posts released, to-date, in the “Mastering Contract Management Blog Series” include:
• Contract Tracking
• Contract Approvals
• Contract Clauses