“During Supreme Court oral arguments earlier this week, a Biglaw partner dropped a ‘damn’ to colorfully illustrate his point,” reports Kathryn Rubino in Above the Law’s Courts.

“It happened during the arguments in Opati v. Republic of Sudan. Sudan’s lawyer, White & Case’s Christopher Curran, was in an exchange with Justice Stephen Breyer when he argued SCOTUS had previously held the retroactive assessment of punitive damages was unfair and a ‘draconian step.’ That’s when the juiciness happened:”

“So before we attribute that intention to Congress, we’re going to ask Congress to say it pretty damn clearly.”

“Chief Justice William Rehnquist let it fly in arguments in Donnolley v. Dechristoforo (1974). In fact, according to Law.com, ‘damn’ has been said a handful of times during oral arguments from 1950-2015. However, the majority of the times it was used it was in quoting the record of the case. But at least one other advocate used ‘damn’ for emphasis:”

Read the article.

“An East Providence lawyer who specializes in asbestos litigation is suing the Town of Barrington over his arrest on assault and disorderly conduct charges that were later dismissed,” reports Katie Mulvaney in the Providence Journal.

“John Deaton is accusing his hometown, specific police officers, a lieutenant and retired Police Chief John LaCross of violating his rights, conspiracy, false imprisonment, invading his privacy, and malicious prosecution over his Sept. 24, 2017, arrest following a confrontation at a Pop Warner football game.”

“LaCross and Lt. Timothy Harrington face allegations of failure to supervise, while Officer David Wyrostek stands accused of assault and battery.”

“Deaton alleges that as a result of his ‘unlawful’ arrest he lost more than $3 million in business, incurred legal fees, and suffered irreparable harm to his reputation.”

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“Johnson & Johnson and other drug companies facing thousands of lawsuits over their role in the opioid epidemic have warned that settlement talks will be “severely” jeopardized if plaintiffs’ lawyers are allowed to assess a fee payment worth billions of dollars,” reports Tom Hals and Nate Raymond in Reuters Business News.

“Major distributors such as McKesson Corp and drugmakers including Teva Pharmaceutical Industries Ltd joined in the request that U.S. District Judge Dan Polster in Cleveland, Ohio, reject a request by a committee of plaintiffs’ lawyers for a 7% fee assessed against any settlements. They filed their brief late Wednesday.”

“The request could amount to $3.3 billion, based on a $48 billion settlement proposal that five companies have been negotiating with various state attorneys general.”

“The drug companies noted that the attorneys would receive more money from the settlement than even some of the states they represent. Dozens of state attorneys general also opposed the request for the fee to the plaintiffs executive committee that is litigating thousands of lawsuits by towns, counties and tribal governments.”

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“Bristol, Connecticut-based Barnes Group is promoting James Pelletier to become senior vice president, general counsel and secretary, effective April 1,” reports Ben Maiden in Corporate Secretary’s Appointments.

“In his new role, Pelletier will be the chief legal adviser to the company’s senior leadership team, chair and board of directors. He will also oversee and supervise all legal matters affecting the company, including general corporate matters, M&A, corporate governance and SEC compliance.”

“Pelletier joined Barnes Group in 2015 and is at present deputy general counsel for Barnes Group and segment general counsel for Barnes Aerospace. Before working at the company, he held a variety of positions at Pratt & Whitney and GE Aviation. Earlier in his career he worked in the office of the general counsel at the US Department of Commerce as an attorney adviser within the Bureau of Industry and Security, having previously been an associate with law firm Orrick Herrington & Sutcliffe.”

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“Sometimes appellate opinions are issued on a seemingly narrow subject matter that can apply to many other factual contexts.  In one such recent example, a Florida appellate court concluded that a security services provider could not be held responsible for allegedly failing to protect a person who was criminally attacked,” reports Matthew J. Meyer in Ansa | Assuncao’s News & Articles. “The reason for the appellate court’s decision is what is interesting, and could be applied well beyond the factual circumstances involved in the specific case:  the security provider’s contract with Miami-Dade County established the hours of service, and those hours of service ended at 7:00 pm each day, therefore the security provider had no legal duty to provide security to a person who was attacked at 8:00 pm. ”

“In reaching its decision, the appellate court discussed the concepts of ‘zone of risk’ and the corresponding legal duty for a security provider to ‘protect persons lawfully on defined premises.’  Importantly, however, the appellate court explained:  ‘Nonetheless, the extent of the undertaking as defined under the terms of the contract should define the scope of the duty.’ Applying this doctrine, the appellate court explained its conclusion that the responsibility to enact reasonable security measures was borne solely by the County.”

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“Over the past decade, the Texas Supreme Court has attempted to define and clarify exactly what duty is owed by an oil and gas executive right holder (the “executive”) to the non-participating interest holders who are along for the ride, collecting royalty payments but having little to no ability to control how they are generated. While the executive right holder does not owe a fiduciary duty to non-participating royalty interest (“NPRI”) holders (those royalty holders who do not share in bonus or rental payments and who also do not have the right to execute leases), it is clear that a certain level of consideration is required, and the failure to do so may be costly,” explains Ted R. Harrington in Carrington Coleman’s Published.

“The first substantial step the Texas Supreme Court took towards pinning a duty on executives came in 2011, in Lesley v. Veterans Land Bd. of State. The Court in this case dealt with an executive’s inaction, or refusal to lease, and stopped short of producing a bright-line test for holding executives accountable. Instead, it toed the line and put forth the idea that if the executive’s refusal to lease was “arbitrary or motivated by self-interest, the executive may have breached his duty.”

“Four years later, the Court in KCM Fin. LLC v. Bradshaw again examined the discretion an executive has concerning the right to lease. This time, the Court was faced with an executive’s affirmative action, leasing to a third party at a sub-market rate (the rental payments being received by the executive and NPRI holders in their respective proportions), in exchange for an above-market bonus payment (received only by the executive right holder). ”

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Bradley Arant Boult Cummings LLP is pleased to announce that Robert Ford, a partner in the firm’s Houston office, has received the 2019 Standing Ovation Award from the TexasBarCLE for his exceptional contributions to the state bar’s continuing legal education (CLE) efforts.

Mr. Ford is one of four volunteer lawyers to receive the award from the TexasBarCLE, which is the State Bar of Texas’ nonprofit division that provides bar-sponsored CLE events.

“We congratulate Rob for his outstanding commitment to helping TexasBarCLE deliver important continuing education programs for the state’s legal community,” said Bradley Houston Office Managing Partner Ian P. Faria.

A member of Bradley’s Litigation Practice Group, Mr. Ford represents plaintiffs and defendants in high-stakes civil litigation, including complex commercial litigation, trade secrets cases, fiduciary disputes, business torts, personal injury suits, product liability claims, and construction litigation. He also defends lawyers and law firms accused of legal malpractice. In particular, Mr. Ford has built a reputation in cases involving Chapter 95 of Texas’ Civil Practices & Remedies Code, trade secrets cases, and motions and appeals under the Texas Citizens’ Participation Act, which is the state’s anti-SLAPP statute.

About Bradley
Bradley combines skilled legal counsel with exceptional client service and unwavering integrity to assist a diverse range of corporate and individual clients in achieving their business goals. With offices in Alabama, Florida, Mississippi, North Carolina, Tennessee, Texas, and the District of Columbia, the firm’s nearly 550 lawyers represent regional, national and international clients in various industries, including banking and financial services, construction, energy, healthcare, life sciences, manufacturing, real estate, and technology, among many others.

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The International Association of Defense Counsel (IADC) has announced that Ryan Richman, a partner at McCarter & English, LLP, in Newark, N.J., has accepted an invitation to join the IADC, the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests.

“I am thrilled and honored to be accepted as a new member of such an admired and distinguished group of defense lawyers and executives, and I greatly look forward to becoming involved,” Mr. Richman said.

Richman focuses his practice on product liability, toxic tort and complex commercial litigation and high-value personal injury cases. His practice involves both single-plaintiff, mass tort and class action claims against manufacturers and service providers in a variety of industries, ranging from pharmaceutical companies to construction materials and equipment manufacturers.

Richman has been a board member of the New Jersey Defense Association since 2015 and currently serves as the organization’s secretary/treasurer. In addition, he serves on the New Jersey Supreme Court’s Model Civil Jury Charge Committee, which prepares and updates model civil jury charges used by trial judges and litigants to instruct juries.

Richman received his J.D. (cum laude) from Rutgers Law School-Newark and his Bachelor of Science (with honors and distinction) from Pennsylvania State University.

About the International Association of Defense Counsel

The IADC is the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests. Founded in 1920, the IADC has members who hail from six continents, 51 countries and territories, and all 50 U.S. states. The core purposes of the IADC are to enhance the development of skills, promote professionalism, and facilitate camaraderie among its members and their clients, as well as the broader civil justice community. For more information, visit www.iadclaw.org.

“Dentons says it will appeal a $32.3 million malpractice verdict based on its disqualification in a patent case because of work done by its Canadian branch.” reports Debra Cassens Weiss in ABA Journal’s Law Firms.

“Jurors in Cuyahoga County, Ohio, had found Dentons liable Feb. 13 in a suit by its former client, laser-inscribing company RevoLaze … The verdict is thought to be the largest legal malpractice judgment in Ohio’s history, according to a press release from RevoLaze’s law firm.”

“The suit had alleged that the booting of Dentons from the case forced RevoLaze to quickly find new lawyers and impacted its leverage in settlement negotiations.”

“The case highlights legal issues related to Dentons’ Swiss verein structure in which more than 10,000 lawyers are associated with the law firm.”

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“If you’re an Ohio in-house attorney and you value your freedom to make career moves, then you’re in luck. On Feb. 7, the Ohio Board of Professional Conduct issued an opinion letter stating that in-house counsel cannot be bound by non-compete agreements.” reports Douglas M. Oldham in The National Law Review.

“Ohio Rule of Professional Conduct 5.6(a) states that a lawyer may not participate in an “agreement that restricts the right of a lawyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement.” There is a strong public policy allowing parties to be represented by the counsel of their choice, and any agreement that restricts an attorney’s ability to practice would undermine that public policy.”

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“Theme park operator Six Flags Entertainment Corporation has hired Laura Doerre as executive vice president and general counsel, effective March 9.” She succeeds retiring Lance Balk reports Ben Maiden in Corporate Secretary’ Appointments.

“According to an SEC filing, Doerre is joining the Grand Prairie, Texas-based company from door and window manufacturer JELD-WEN, where she has been executive vice president, general counsel and chief compliance officer since September 2016.”

“Before joining JELD-WEN, Doerre worked at Nabors Industries from 1996 to August 2016, serving as vice president and general counsel from 2008 to August 2016. Prior to Nabors, she practiced commercial litigation with law firm Mayor Day Caldwell & Keeton.”

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Buchalter is pleased to announce the promotion of Sean Casey, Harumi Hata, and Eric C. Wilhelm to Shareholder.

Based in the Firm’s Orange County office, Casey’s practice involves all aspects of intellectual property and related areas in complex domestic and cross-border litigation and transactional matters. He represents clients in matters involving patents, copyrights, trademarks, and trade secrets in the aerospace, automotive, ecommerce, electronics, information technology, medical device, software, and consumer products technology industries.

Casey earned his J.D., in Intellectual Property and Aviation, from Southwestern Law School. Casey earned a B.S., cum laude, in Aerospace/ Mechanical Engineering from Boston University.

Hata’s practice involves the representation of multinational companies, including U.S., European and Pacific Rim/Asian clients, in business structuring and advice, corporate and commercial transactions, including mergers and acquisitions, financing arrangements, and real estate acquisitions and dispositions. She is a member of the Corporate Practice Group in the Los Angeles office.

Hata earned her J.D. at Loyola Law School in 1985 and her B.A. at Loyola Marymount University in 1982.

Wilhelm is a member of the Real Estate Practice Group in the Firm’s Scottsdale office. Wilhelm’s practice focuses on a broad range of commercial real estate transactions, including industrial, office and retail leasing, real property sales, acquisitions and development and secured financing.

Wilhelm earned his J.D., magna cum laude, from Sandra Day O’Connor College of Law, Arizona State University where he served as an Articles Editor for the Arizona State Law Journal and was a member of Order of the Coif. He received his B.S., magna cum laude, from Arizona State University.

GrayRobinson has relocated its Washington office to Navy Yard, doubling office space since the firm’s expansion to the District was announced in 2019. Now located at 99 M Street, SE, the firm will occupy 4,000 square feet of Class A office space at the Capitol Riverfront.

“We are thrilled to move closer to Capitol Hill and establish a new presence in the Navy Yard. The area’s proximity to government buildings, public transportation and major highways is in line with the firm’s initiative to increase its lobbying portfolio at the intersection of business and government,” said Doyle Bartlett, managing director of GrayRobinson’s Washington. office. “The space will bring even more vibrancy and energy to the GrayRobinson team as we help our clients achieve their goals and continue to grow our footprint in the nation’s capital.”

The new 11-story, top-tier boutique property provides generous space as the firm continues to embrace growth. Currently, the firm’s Washington-based team consists of six attorneys, consultants and professional staff who advocate on behalf of GrayRobinson clients in the business and political arena. The office’s proximity to Capitol Hill will allow our attorneys and consultants the convenience of better serving local clients and the greater D.C. community.

GrayRobinson’s Government Affairs and Lobbying Practice Group consists of 26 lobbyists throughout Florida and Washington working collaboratively at all levels of government. The firm is heavily engaged in the business of federal, state, local and other intergovernmental lobbying services year-round.
GrayRobinson is a full-service law and lobbying firm with attorneys and government relations professionals throughout 15 offices. Our attorneys, consultants, and regulatory professionals provide legal and government relations services to Fortune 500 companies, emerging businesses, lending institutions, local and state governments, developers, entrepreneurs, and individuals. We have created a firm that serves our clients and our communities while counting creativity as a hallmark characteristic and insisting on ingenuity and innovation. Our mission is to apply our legal, lobbying, and regulatory backgrounds and skills in ways that enable our clients to define and achieve their goals, while supporting our communities as a matter of mission as well as passion. For more information, please visit www.gray-robinson.com.

Blank Rome LLP is pleased to welcome Craig B. Fields, Holly L. Hyans, Nicole L. Johnson, and Mitchell A. Newmark to the Firm’s New York office as Partners in the Tax, Benefits, and Private Client group. Craig, Nicole, and Mitchell joined on February 15 and Holly will join in early March. The Firm expects to continue expanding the team over the coming weeks. At Blank Rome, Craig serves as Co-Chair of the Tax, Benefits, and Private Client group and leads the national State and Local Tax practice. The prominent group regularly litigates state and local tax matters and counsels clients on state and local tax planning throughout the country. They join from Morrison & Foerster LLP where Craig served as co-chair of the tax department and chair of the firm’s state and local tax group, and Holly was a founding member of the group.

Collectively, the group has decades of experience representing clients in state and local tax controversies before administrative tribunals and judicial courts in jurisdictions throughout the United States and has resolved hundreds of cases throughout the country. They have secured successful outcomes for clients in state general jurisdiction courts and tax courts as well as appellate courts for a multitude of clients spanning a wide range of industries, including retail, manufacturing, and financial services, among others. They also have significant experience advising clients on all state and local income, gross receipts, franchise, sales & use, excise, and miscellaneous taxes and fees and state unclaimed property obligations. Additionally, the group counsels clients on state and local aspects of sophisticated planning and transactional matters, such as acquisitions, dispositions, restructurings, and asset-based financing transactions. They also successfully counsel individuals and estates regarding residency, domicile, and multistate taxability in audits and appeals. The group frequently writes about and speaks on state and local tax issues with leading media outlets and organizations.

Fields was selected as a fellow of the American Bar Foundation in 2019, and serves as an advisory board member for various professional organizations, publications, and centers, including the Georgetown Law Center, the National Multistate Tax Symposium, the Journal of State Taxation, Bloomberg BNA State Tax, and State Tax Notes. He received the NYU School of Professional Studies Paul H. Frankel Award for Outstanding Achievement in State and Local Taxation in 2017. Fields earned his LL.M. from New York University School of Law, his J.D. from Duke University School of Law, and his B.A. from Queens College.

Hyans serves on the advisory boards of the Hartman State and Local Tax Forum at Vanderbilt University Law School, the NYU Institute on State and Local Tax, and Bloomberg BNA State Tax. She earned her J.D., Order of the Coif, from New York University School of Law where she served as a staff member of the New York University Law Review, and her B.A. from Brooklyn College of the City of New York. She previously clerked for the Honorable Pierre N. Leval, U.S. District Court for the Southern District of New York.

Johnson was appointed to the New York Tax Appeals Tribunal Advisory Panel in 2018 and serves as a member of the Law360 Tax Authority State & Local Editorial Advisory Board. She was named a Rising Star in Tax by Law360 in 2019. Johnson earned her J.D. from William Mitchell College of Law, and her B.S.B. from the University of Minnesota, Minneapolis. In 2006, she served as a law clerk for the Honorable Michael B. Thornton, U.S. Tax Court.

Newmark was named a Law360 Tax MVP in 2019. He serves as co-chair of the State Practice, Procedure, and Liaison Committee of the Tax Section of the New Jersey Bar Association, and is a member of the Tax Section of the New Jersey Bar Association Executive Committee and Executive Council, which he previously chaired. He was a member of the New Jersey Supreme Court Committee on the Tax Court for 11 years until he termed out in 2018. Earlier in his career, Newmark spent six years as a deputy attorney general at the New Jersey Attorney General’s Office. From 1996 to 1997, he served as a law clerk for the Honorable Irwin I. Kimmelman, New Jersey Superior Court, Appellate Division. Newmark earned his LL.M. from Georgetown University Law Center, his J.D. from Widener University School of Law, and his M.B.A. and B.A. from Rutgers University.

Farrell Fritz is pleased to announce that Joanna Hazelton has recently been appointed to the Executive Council of the Crohn’s & Colitis Foundation of America, Long Island Chapter. Founded in 1967, the Crohn’s & Colitis Foundation of America is dedicated to finding cures for Crohn’s disease and ulcerative colitis, and improving the quality of life of children and adults affected by these diseases.

Joanna, a Westbury, NY, resident, is a corporate associate in the firm’s Uniondale office. She received her J.D. and her B.A. from Hofstra University.

Bradley Arant Boult Cummings LLP is pleased to announce that Christopher C. Lam, managing partner of the firm’s Charlotte office, has been named by the Charlotte Business Journal (CBJ) as one of Charlotte’s 2020 “Most Admired CEOs.”

The awards recognize established local leaders who have a strong vision for their companies, have shown commitment to culture in the workplace, and made significant contributions to the Charlotte community.

“We congratulate Chris on this wonderful recognition of his outstanding leadership here at Bradley and in the Charlotte community,” said Bradley Chairman of the Board and Managing Partner Jonathan M. Skeeters.

A member of Bradley’s Litigation Practice Group, Mr. Lam helps clients protect their business interests in disputes related to contracts, business torts, product liability, earn-outs, trade secrets, non-competes, LLCs and partnerships, defamation, motorsports, and private equity investments. His clients include individuals, start-up businesses, middle market companies, and public corporations. He also regularly counsels clients in business issues and contract drafting and negotiation.

Mr. Lam is a leader in several professional and civic organizations. He currently serves as president of the Mecklenburg County Bar and is a member of the North Carolina Humanities Council Board of Trustees. He is a past co-chair of the North Carolina Bar Association’s Administration of Justice Committee. He also is a past chair of the Business Litigation Committee of the International Association of Defense Counsel, an invitation-only, peer-reviewed organization of approximately 2,500 attorneys from more than 50 countries around the world. In addition, he serves on the Board of Visitors for Duke University’s Sanford School of Public Policy.

About Bradley
Bradley combines skilled legal counsel with exceptional client service and unwavering integrity to assist a diverse range of corporate and individual clients in achieving their business goals. With offices in Alabama, Florida, Mississippi, North Carolina, Tennessee, Texas, and the District of Columbia, the firm’s nearly 550 lawyers represent regional, national and international clients in various industries, including banking and financial services, construction, energy, healthcare, life sciences, manufacturing, real estate, and technology, among many others.

As you may know, the California Consumer Privacy Act (CCPA) went into effect January 1, 2020. What exactly does this mean for your company? NACD just issued an important brief that provides board-centric highlights about the new law to help you and your fellow directors

• better understand the basic implications of the CCPA,
• strengthen your compliance programs with respect to privacy, and
• become aware of parallel developments happening around the country.

NACD Members have exclusive access to even more resources designed to help directors stay ahead of changing regulations and on top of critical governance issues. To learn more about the value NACD membership can provide to your board, please contact Matt_Barone@NACDonline.org, or call 571-367-3708.

Download your complimentary copy.

Porzio, Bromberg & Newman P.C. (“Porzio”) is pleased to announce that Carol A. Sigmond has joined its New York office as Of Counsel on the Real Estate team. Sigmond focuses her practice on construction and real estate matters, such as mediation, litigation, appeals, arbitration, contract preparation, suretyship, and bid protests. Prior to joining Porzio, Sigmond was Managing Partner of the New York office at Cohen Seglias.

Sigmond has a substantial practice representing New York clients in construction-defect litigation. Carol helps her clients expedite the construction project by ensuring that the proper contracts are in place. Carol also has extensive experience preparing contract documents, including design-build, construction management, guaranteed maximum price, and fixed-price contracts.

Sigmond is an experienced mediator and is on the New York County Supreme Court Commercial Division Roster of Volunteer Mediators and the American Arbitration Association’s Roster of Construction Industry Arbitrators.

A prominent voice in the legal industry, Sigmond is the current Vice President of the New York State Bar Association and the former President of the New York County Lawyers Association. Carol is a frequent speaker and author on topics relating to construction law and publishes “The Co-Op Condo Help Line” appearing monthly in various Mann Report publications. She is also a member of Law360‘s 2019 Construction Editorial Advisory Board.

Sigmond received her B.A. from Grinnell College and her J.D. from The Catholic University of America School of Law.

She is admitted in New Jersey, New York, and Pennsylvania, Maryland, District of Columbia, Virginia, U.S. District Court, Southern District of New York, U.S. District Court, Eastern District of New York, U.S. District Court, Eastern District of Virginia, U.S. District Court, District of Maryland, U.S. District Court, District of Columbia, U.S. Court of Appeals, Second Circuit, U.S. Court of Appeals, Fourth Circuit, U.S. Court of Appeals, District of Columbia, U.S. Court of Appeals, Federal Circuit, U.S. Court of Federal Claims and the U.S. Court of International Trade.