Over the past few decades, Republican and Democratic administrations have increasingly leaned on deferred prosecution agreements in corporate criminal cases and non-prosecution agreements to settle allegations against corporations, according to a Washington Post report.

For example, JPMorgan Chase, the country’s largest bank, has repeatedly resolved federal investigations over the last eight years by striking a deal: It wouldn’t be prosecuted as long as it stayed out of trouble, writes the Post‘s Renae Merle.

“This comes at a time when the Trump administration is prosecuting fewer white-collar crimes,” she explains. “The number of cases brought against corporations fell to 99 last year, compared with 181 in 2015, according to the U.S. Sentencing Commission. Most were against small companies, 62.9 percent employed fewer than 50 workers, the commission reported.”

Read the Post article.

The  Chicago Tribune reports that a Chicago law firm says it has settled lawsuits against Boeing on behalf of the families of 11 passengers killed in the crash of a Lion Air jet off the coast of Indonesia.

Boeing is facing dozens of lawsuits after the October 2018 accident and another crash, also involving a Boeing 737 Max jet, in March in Ethiopia.

Attorney Alexandra Wisner declined to discuss financial terms. She said her firm has six other lawsuits still pending.

Read the Tribune article.

The number of Biglaw firms on Working Mother’s list of the 100 Best Companies to Work For climbed from two in 2018 to five this year, reports Above the Law.

Making a return appearance on the list this year are Arnold & Porter and Katten Muchin Rosenman.

Joining them on the list this year are:

• Finnegan Henderson Farabow Garrett & Dunner
• Katten Muchin Rosenman
• Pillsbury Winthrop Shaw Pittman

Read the Above the Law article.

Taxpayers lose billions each year in royalties generated from oil and gas leases on public lands while fossil fuel developers reap profits at their expense, but Democrats have pushed legislation that would overhaul leasing laws that have not been updated in a century, reports Courthouse News Service.

For the eighth consecutive year, the Government Accountability Office placed the Interior Department’s oil and gas leasing program on its high risk list of federal programs mottled with waste, fraud and abuse.

That report found that “Interior’s methods to determine and collect royalties hasn’t been updated since 1920, and with the coal, gas and oil industry in far different shape today than it was a century ago, the time to develop a system that meets energy needs while delivering fair market returns is long overdue,” writes Courthouse News’ Brandi Buchman.

Read the Courthouse News article.

A recent FTC enforcement action clarifies the requirements for non-compete clauses in M&A agreements to fulfill certain requirements to comply with antitrust and competition laws, and serves as a reminder that U.S. antitrust authorities are actively reviewing these provisions, according to Orrick’s Antitrust Watch blog.

In the case, the Federal Trade Commission took issue with the non-compete clause in a purchase and sale agreement, which would have prohibited one seller from competing with the natural gas pipeline for three years.

Read the article.

The Dallas-based firm Aldous Walker has chalked up three jury trial victories in 80 days, accounting for verdicts of more than $95 million.

In Jackson v. Beamers Private Club, et al., the firm represented the mother of Jerry Brown, a Dallas Cowboys practice-squad football player, who died in an alcohol-related automobile accident in December 2012. The lawsuit was filed under the Texas Dram Shop Act.

Milburn v. American Honda Motor Co., Inc. was an automotive product liability case on behalf of their client Sarah Milburn. The firm brought a product liability claim against Honda, arguing that the design of the seat belt in the third row’s middle seat was defective because it did not work as passengers expect and would therefore be used incorrectly.

In I.F. v. Andrew Valderrama and Isaiah Gary, the firm represented a client who at the age of 14 was drugged and then sexually assaulted by two high school football players at a party.

Read about the three cases.

Drexel University’s online LLM programs from the Thomas R. Kline School of Law can provide a legal practitioner with the expertise needed to become a specialist in either cybersecurity and data privacy or health care and pharmaceutical compliance.

Kline School of Law representatives will answer questions about the program at an online open house on Tuesday, Oct. 22, 2019, at 6 p.m. ET.

The university offers the program online on either a full- or part-time basis.

With a focus on topics like EU data privacy and internet law, this specialized LLM program will help fill a knowledge gap that’s needed in the cyber law and data privacy field, the university says on its website. Participants can tailor elective courses to specific fields such as health care, finance or higher education.

The health care and pharmaceutical industry is increasingly complicated and ever-changing, and Drexel’s LLM program provides insider knowledge needed to successfully navigate the system. Participants can focus on either health care compliance or pharmaceutical compliance or take classes in both areas, according to the university.

Learn more about the LLM program.

The U.S. Court of Appeals for the 4th Circuit held that a subrogation waiver provision in a construction contract barred an association’s insurance company from seeking to recover from an allegedly negligent contractor, reports Daniel Miske in the Husch Blackwell Association Alert.

He describes the case of United National Insurance Company v. Peninsula Roofing Company, Inc., which involved $3 million in damages to a condominium complex caused  by a contractor’s generator. The association’s insurer sued the contractor for negligence, gross negligence, and breach of contract.

After detailing the appellate court’s ruling, Miske presents four lessons a practitioner can learn from the case.

Read the article.

An Above the Law contributor takes a look at a Bureau of Labor Statistics report and finds that the estimated mean annual wage for lawyers is a respectable $144,230.

Jonathan Wolf points out that while $144,000 a year doesn’t even scratch the bottom of the Milbank/Simpson/Cravath scale, it’s still “more than enough to live a comfortable life and have a reasonable shot at paying off your student loan debt.”

He breaks down the numbers by median annual wage (lower than mean annual) and shows the range from the 10th percentile to the 75th percentile.

He also looks at judges’ wages, which tend to be lower than other attorneys’.

Read the Above the Law article.

St. Louis lawyer Chelsea Merta, who was found in contempt of court earlier this year, has been ordered to pay the Stange Law Firm more than $775,000 for copying thousands of client files a week before she resigned from the firm last year, reports the St. Louis P0st-Dispatch.

Tuesday’s order follows a July ruling that found Merta in contempt and ordered her to serve 48 hours in jail. The judge also required Merta to destroy all files in her possession or return them to the Stange Law Firm.

The order to pay $775,707 covers Stange Law Firm’s legal expenses toward months of investigating the case, a security firm’s forensic examination of Merta’s electronic devices and attorney fees, according to Post-Dispatch reporter Joel Currier.

Read the Post-Dispatch article.

For nearly seven years, a small South Carolina law firm allegedly helped operate a nationwide scheme that authorities say preyed on desperate military veterans, misled investors and netted millions of dollars in profit, reports The Post and Courier of Charleston.

The Upstate Law Group, owned by Candy Kern-Fuller, allegedly worked with a network of salesmen to lure in cash-strapped veterans and persuade them to sign over their monthly pensions and disability payments, according to Post and Courier reporter Andrew Brown.

The businesses then persuaded retirees to invest in the federal benefit payments, promising up to an 8 percent return on their money. Participating veterans received a lump-sum payout for handing over several years of future income to the investors.

“The problem is the entire arrangement is illegal, according to state and federal authorities. Federal law prohibits veterans from assigning their pension or disability payments to another person,” Brown explains.

In a similar case, federal officials have arrested the alleged ringleader of a nationwide business in which veterans sold their military pensions.

Read the Post and Courier article.

While US-based businesses are accustomed to working with at-will offer letters for prospective employees, these are mostly unheard of elsewhere, points out a post for McDermott Will & Emergy.

In most jurisdictions, detailed employment contracts are not only customary, but are required by law.

The post explains that companies must ensure the legal compliance of their contractual documentation for each country in which they do business. This includes engagement letters, employment offers, employment contracts, bonus schemes, stock option plans, etc.

Read the article.

Kevin T. McLaughlin has been appointed next president and chief executive officer of Greensfelder, Hemker & Gale, P.C., effective Feb. 1, 2020.

McLaughlin has been appointed to the role following the passing of former Greensfelder chief executive officer Timothy R. Thornton in June 2019. Since then, Greensfelder officer John W. Dillane has served as interim CEO. The firm said McLaughlin will work with Dillane over the next several months to ensure a smooth transition of leadership responsibility.

McLaughlin joined Greensfelder in 2006 and is currently the leader of the Employment & Labor practice group. He also previously served on the firm’s board of directors. His work in employment law and labor law has been recognized with rankings in Chambers USA, Benchmark Litigation and The Best Lawyers in America. He is a graduate of the University of Missouri School of Law and received a Bachelor of Arts in English from Boston College.

Contract Logix, a provider of intelligent contract management software, announced its Premium platform has been selected by Rx Savings Solutions, a provider of  cost-saving solutions for prescription drug purchasing, to streamline and scale contract management while improving visibility and control over its processes.

The company said the solution from Contract Logix will allow for increased automation and efficiency in the contract management, while also enforcing governance and compliance.

The Contract Logix Premium platform was selected by Rx Savings Solutions to manage both the pre- and post-execution phases of its contract management. The manual contract processes that Rx Savings Solutions previously used became too difficult to maintain due to the company’s tremendous growth. The solution from Contract Logix will enable them to securely centralize their contracts and related data in single contract repository and more efficiently request, create, negotiate, execute, and manage agreements.

Holland & Hart announced that Shaun Kennedy has joined the firm’s Government Contracts practice as of counsel in Denver and Washington, D.C.

Inn a release, the firm said Kennedy has experience in federal and state government contracts matters, guiding clients in general counseling, complex internal investigations, and representation in high-stakes bid protests and claims litigation.

He has experience in private practice and working in-house for aerospace and defense contractors and counsels clients on contract claims and disputes, bid protests, contract formation and administration matters, internal investigations, and government subpoenas.

Prior to joining Holland & Hart, Kennedy practiced nine years as corporate counsel and in private practice. He also served as a law clerk to the Loren A. Smith of the United States Court of Federal Claims.

The firm said Kennedy currently holds a Top Secret security clearance. He received his J.D. from American University, Washington College of Law and earned his B.B.A. from the University of Kentucky. He is admitted to practice in the District of Columbia and Colorado.

Dallas lawyer Steve Stodghill, a partner in Winston & Strawn LLP, has been appointed to the Texas Public Safety Commission by Governor Greg Abbott for a term running through Jan. 1, 2024.

The Commission oversees the Texas Department of Public Safety (TxDPS), the agency responsible for statewide planning and policy formation regarding the enforcement of criminal, traffic, and safety laws; crime prevention; and law and public safety education. With an annual budget of $1.2 billion, TxDPS employs 11,000 across 13 divisions including the Texas Rangers, Texas Highway Patrol, Driver License, Regulatory Licensing, and Intelligence and Counterterrorism. In addition, the Commission interfaces with the Federal Bureau of Investigation, Central Intelligence Agency, National Security Agency, Department of Defense, and similar federal agencies, while advising the Governor in responding to state emergencies such as natural disasters, mass shootings, insurrections, invasions, and acts of terrorism.

Stodghill is the latest attorney to be appointed to the commission. Recent members have included former Dallas County District Attorney Faith Johnson, Judge Ada Brown of the U.S. District Court for the Northern District of Texas, Judge Jason Pulliam of the U.S. District Court for the Western District of Texas, and former Texas secretaries of state John Steen and Carlos Cascos.

One of the founding partners of Winston’s Dallas office, Steve has represented numerous high-profile clients, ranging from prominent billionaires to major corporations, across am array of complex commercial litigation areas.

“Steve is one of the most accomplished and sought-after commercial litigators in the country,” said Tom Melsheimer, Winston’s Dallas Managing Partner. “This appointment is a natural evolution of his work and demonstrates his commitment to helping the community and the State of Texas.”

In addition to his legal practice, Stodghill is chairman of the American Film Institute National Council and board member of The University of Texas Harry Ransom Center, UT College of Liberal Arts Advisory Board, and the UT System Chancellor’s Council Executive Committee. Additionally, he is a member of the Southern Methodist University Meadows School of the Arts Executive Board. He also is an Eagle Scout as well as a former Circle Ten Council of the Boy Scouts of America Executive Committee member.

“It’s a tremendous honor just to be considered for something such as this and to be placed in a position where you can serve the people of your state,” Steve said.

Stodghill received a bachelor of arts from UT-Austin and a J.D. from the University of Texas School of Law.

Michael Best announced that Susan Frohling and Laura Lamansky have joined the firm’s Intellectual Property practice group.

Frohling joins as senior counsel in Chicago and Lamansky as an associate in Milwaukee. Their addition follows on the heels of Scott Diring and Christian (Nick) Schaefer’s move to the Waukesha and Milwaukee offices earlier this summer.

The firm said Frohling counsels clients on trademark and copyright matters, including brand protection strategy, enforcement, licensing, due diligence, prosecution and litigation. She was formerly the chief trademark counsel at Kraft Foods Group, Inc. where she handled global trademark and copyright issues.

Lamansky focuses her practice on intellectual property and entertainment law matters. On the intellectual property side, she assists clients in trademark and copyright prosecution, enforcement and contract negotiations. Her entertainment law practice encompasses union compliance issues, the development and implementation of compliant promotions and contests and the negotiation of distribution rights, talent and publicity agreements.

Frohling earned her J.D. from the University of Chicago Law School and her B.B.A., with high distinction, from the University of Iowa. She most recently served as counsel at Brinks Gilson & Lione.

Lamansky earned her J.D., cum laude, from the University of Wisconsin, her M.F.A. from Columbia University and her B.A., magna cum laude and phi beta kappa, from the University of Southern California. She was most recently co-chair of the intellectual property and entertainment practice group at Stafford Rosenbaum, L.L.P. Prior to her legal career, she was an event and media producer and digital strategist for a variety of entertainment companies.

Barnes & Thornburg has added Stanley E. Heyman as a partner in the firm’s Corporate Department in the Los Angeles office. Heyman concentrates his practice in federal, state and local tax planning, estate planning, tax controversy matters, and probate, estate and trust administration.

The firm said Heyman, who is also licensed as a Certified Public Accountant in California, works with business organizations on tax matters from formation through dissolution. He also advises clients on mergers and acquisitions, real estate tax structuring, executive compensation, pension planning, estate, gift and generation-skipping transfer planning, and works with high net individuals on wealth preservation matters.

Heyman, who was previously at Jackson Tidus, earned his J.D. from the University of Southern California Law Center. He also earned a Master of Business Taxation degree and B.S. from the University of Southern California.

A chance encounter with lawyer Roy Cohn in the 1970s proved to be fateful for future president Donald Trump, writes James D. Zirin in his new book “Plaintiff in Chief: A Portrait of Donald Trump in 3,500 Lawsuits.”

In an excerpt from the book at Slate, Zirin writes that Trump and his father, Fred, were dealing with clashes with the Open Housing Center, a local fair-housing group that was working with the Justice Department, as well as the New York City Human Rights Commission, which asked the government to investigate racial discrimination in the Trumps’ neighborhood housing. All the lawyers Trump approached advised him to settle.

But when Trump discussed the problem with Cohn, the lawyer told him, “Tell them to go to hell, and fight the thing in court.” Trump had found his lawyer and his approach to defending against all kinds of charges: go on the attack, bashing your enemies.

Read the Slate article.

Google scored a major overseas victory Tuesday, as Europe’s highest court ruled that the “right to be forgotten” online only applies inside the European Union, reports Courthouse News Service.

In the rulings, the European Court of Justice ruled that “there is no obligation under EU law, for a search engine operator who grants a request for de-referencing made by a data subject … to carry out such a de-referencing on all the versions of its search engine.”

The dispute was between Google and France’s Commission for Information Technology and Civil Liberties over how Google complies with requests for link removals.

Read the Courthouse News article.