The Seventh Circuit Court of Appeals is ruling on the Dish Networks $280M settlement reports Eric J. Troutman in TCPA World.

“The appellate court concluded that the district court made no material legal errors save one– in assessing damages the Court started with the Plaintiff’s ability to pay and worked backward. The Court determined that proper constitutional analysis starts with the amount of harm actually caused, and then application of a multiplier.”

“The appellate court concluded that the district court’s award amounted to $4.00 per violation and suggested that if the harm caused per call was $1.00 than the judgment would certainly be proper. But it remanded for the lower court to assess the damage of an unwanted call (according to one expert the cost per unwanted call is as low as 6.8 cents, which would make a proper award no higher than 72 cents a call using a 9 times multipler.)”

Read the article.

“General Motors has reached a $120 million settlement with owners who claimed that their vehicles lost value because of defective ignition switches, which have been linked to 124 deaths,” reported in Reuters’ AutoBlog.

“The preliminary settlement was filed on Friday night with the federal court in Manhattan and requires approval by U.S. District Judge Jesse Furman. It would resolve the last major piece of litigation stemming from ignition switches that could cause GM vehicles to stall and prevent airbags from deploying.”

“The automaker denied liability in agreeing to settle, court papers show.”

Read the article.

“Top in-house lawyers are getting their compensation cut along with other executive officers as the new coronavirus causes widespread economic distress,” reports Brian Baxter in Bloomberg Law’s Corporate Governance.

“Marriott International Inc., the Cheesecake Factory Inc., and other companies have announced plans to cut pay for top executives. Bloomberg Law recently reported that gaming company Accel Entertainment Inc.’s leadership is going even further, foregoing 100% of their pay until it hopes normal business operations resume next month.”

“Veta Richardson, president and CEO of the Association of Corporation Counsel, said that she can’t recall another time when executive pay cuts have become so extensive.”

Read the article.

“NeoPhotonics Corporation, a leading designer and manufacturer of advanced hybrid photonic integrated circuit based modules and subsystems for bandwidth-intensive, high speed communications networks, today announced the appointment of Barbara Rogan as the Company’s Senior Vice President and General Counsel, reporting to Tim Jenks Chairman and CEO of NeoPhotonics,” reports Michael Newsom in Yahoo Finance.

“Ms. Rogan brings twenty years of legal experience in technology in both public and private companies. Prior to joining NeoPhotonics, Ms. Rogan served as General Counsel at Velodyne Lidar, Inc. where she was responsible for Velodyne’s worldwide legal operations. Ms. Rogan has also held legal leadership roles at Cadence Design Systems, Inc. where she was Vice President and Associate General Counsel and at LogLogic, Inc. (acquired by TIBCO) where she was Vice President of Legal Affairs.”

Read the article.

The Texas Supreme Court has ruled in favor of Beck Redden client Enterprise Products Partners LP. The ruling wiped out a trial court’s $535 million judgment against Enterprise, agreeing with the company that it never had a binding partnership with Energy Transfer Partners LP to develop a crude oil pipeline.

The ruling — the result of a more than 8-year fight — is further proof that Beck Redden is prepared to go the distance and knows what it takes to win — and win big.

Deal or No Deal?

In 2011, Enterprise and Energy Transfer Partners (ETP) agreed to work together to build a crude oil pipeline from Cushing, Oklahoma to near the Gulf of Mexico. Both companies signed agreements that said they would not have a partnership until two conditions were met:

1)   The companies executed definitive agreements
2)   Each company’s board of directors gave approval

But when interest in the pipeline never materialized, Enterprise moved on to a separate pipeline with a different company.

And with that, the battle began.

Ready for a Fight

Round one of the fight began when Energy Transfer Partners sued Enterprise, alleging it had been unfairly cut out of the valuable pipeline deal. It claimed it had a partnership with Enterprise, but Enterprise argued that because the two conditions in the agreements had not been met, no partnership was created.

In 2014, Beck Redden tried the case before a Dallas jury, but the jury sided with ETP and ordered Enterprise to pay $535 million in damages.

It’s Not Over Until…

In 2017, the Dallas Court of Appeals overturned the jury’s decision. However, when the court refused ETP’s request for a rehearing, ETP took its case to the Texas Supreme Court.

A Fight to the Finish

Finally, on January 31, 2020, after years of fighting, the decision Beck Redden and Enterprise had been fighting for — No deal. No partnership. No money.

In the end, the Texas Supreme Court ruled in favor of Enterprise, finding that no partnership was formed between Enterprise and ETP, wiping away the $535 million judgment against Enterprise.

A Monumental Decision

And with that, the ruling reversed one of the largest verdicts in the state of Texas – A monumental win for Enterprise and Beck Redden.

As a result, the Texas Supreme Court decision will have a major impact on future disputes about partnership formation. The court ruled that Texas law does allow for parties to agree that no partnership will exist unless certain conditions are met.

When the stakes are high, bet on Beck Redden.
What does it take to save your client $535 million and get a landmark decision from the Texas Supreme Court?

Click here to find out.

ContractPodAi®, the award-winning provider of AI-powered contract lifecycle management software, today announced that IPsoft, the largest independent leader in enterprise AI, has rolled out ContractPodAi to support its document management. Live since October 2019, IPsoft is working with ContractPodAi to empower its global workforce with an innovative contract management solution.

As a fast-moving and highly innovative company, IPsoft looked to migrate from document management to a records-based approach for contract management. To do so, the company required a contract lifecycle management system that is reliable, robust and graphically intuitive, as well as a solution that could easily analyze and track contract data. What’s more, the solution needed to be simple to use for attorneys and legal staff in order to alleviate the workload on legal teams and drive company-wide adoption.

ContractPodAi offers customers intelligent AI functionality, out-of-the box. Customers gain access to a smart contract repository, which replaces time-consuming manual efforts and helps to manage versions of contracts across locations. Additionally, ContractPodAi helps customers track key metrics regarding contract data and search metadata including phrases or clauses. What’s more, having a dedicated success manager provides IPsoft a go-to contact who’s knowledgeable about the product, as well as able to quickly resolve any potential issues.

Learn how ContractPodAi is empowering legal teams across the world at contractpodai.com.

Akerman LLP, a top 100 U.S. law firm serving clients across the Americas, announced that Charles Critchlow has joined the firm’s national Litigation Practice Group in New York. Critchlow brings a four-decade legal practice resolving matters related to antitrust and trade. His experience extends to Latin America, India, and Africa, representing international enterprises in the transportation and logistics, fertilizer, natural resources, and electrical sectors.

Critchlow focuses his practice on export antitrust matters. He counsels clients on competition law applicable to joint venture export corporations. Additionally, he advises on antitrust exemptions and a broad range of corporate-related matters, including joint venture agreements, corporate procedures and compliance, and export sales and distribution contracts. With a focus on antitrust and commercial litigation, he also advises on joint ventures, merger clearance, cartel investigations, class actions, and general business litigation. He has worked on matters relating to industrial chemicals, fertilizers, oil, electrical contracting, gasoline, moving and storage, and paper industries.

Critchlow has appeared before federal agencies and in state and federal courts throughout the United States. He has handled antitrust and trade matters in Mexico, Brazil, Venezuela, India, and South Africa, and coordinated antitrust legal compliance matters in over two dozen overseas jurisdictions. His experience includes general commercial litigation, antitrust litigation, and representation of companies in government and grand jury investigations. Critchlow has counseled on antitrust merger clearances, at home and abroad, in connection with acquisitions in the coal, industrial gases, household and agricultural insecticides, and fertilizer industries.

Critchlow helps build upon Akerman’s national bench of more than 350 litigators and trial lawyers across the United States. Most recently, complex commercial litigator Grasford Smith joined Akerman’s office in West Palm Beach, and Joel Forman, Philip Touitou, and Joseph Silver joined in New York, growing the firm’s experience in securities litigation and professional liability. The Honorable Ruben Castillo joined Akerman’s White Collar Crime and Government Investigations Practice in Chicago, following his retirement from the bench. Akerman’s recently acquired litigation skills expand to Atlanta, where Robin Johnson and Anthony Morris handle commercial litigation matters.

The National Board of Trial Advocacy (NBTA) is pleased to announce that Tom D’Amore of D’Amore Law Group, P.C. has successfully achieved recertification as a civil trial, civil practice and truck accident law advocate. The NBTA was formed out of a strong conviction that both the law profession and its clients would benefit from an organization designed specifically to create an objective set of standards illustrating an attorney’s experience and expertise in the practice of trial law.

D’Amore is part of a growing number of trial attorneys that have illustrated their commitment to bettering the legal profession by successfully completing a rigorous application process and providing the consumer of legal services with an objective measure by which to choose qualified and experienced legal counsel.

The elaborate screening of credentials that all NBTA board certified attorneys must successfully complete includes: demonstration of substantial trial experience, submission of judicial and peer references to attest to their competency, attendance of continuing legal education courses and proof of good standing.

Board Certification is the highest, most stringent, and most reliable honor an attorney can achieve. Board certifications are the only distinctions awarded by non-profit organizations. The NBTA as well as all board certifying organizations are committed to safeguarding the public’s ability to choose a good attorney.

D’Amore is licensed to practice in Oregon, Washington and California. He represents individuals and families in catastrophic personal injury, wrongful death, spinal cord injury – paraplegia and quadriplegia, brain injury, class actions, insurance company bad faith and complex business litigation.

Approximately three percent of American lawyers are board-certified, and Mr. D’Amore is a member of a very select group who has taken the time to prove competence in their specialty area and earn board certification.

“Across the country, dozens of cities and states have passed laws or resolutions targeting 100 percent carbon-free electricity — most recently 20 communities in Utah and the state of Virginia,” reports David Roberts in Vox’s Energy & Environment.

“But is it even possible to power a modern economy with a carbon-free grid? And if so, what are the best energy sources and technologies for getting there?”

“Now there is a growing list of jurisdictions that face stringent emissions targets in years ahead and urgently need to figure out answers. We’ll discuss the most notable such jurisdiction, California, and a cool new(ish) technology that it may help it reach its 100 percent target, in a moment.”

Read the article.

“Business continuity and disaster recovery (BC/DR) plans are an essential element of your and your suppliers’ business—an increasingly apparent fact as we now face the uncertainty caused by COVID-19. Your agreements with suppliers and service providers likely account for exigent circumstances via force majeure and BC/DR provisions, and reviewing and updating those contingencies now is imperative. The following steps will help you critically review how the BC/DR plans supporting your organization plan for COVID-19,” advises Aaron M. Oser, John L. Barton and Mia Render in Pillsbury’s Alert.

Read the four steps you should be taking.

Read the article.

“Much has already been written regarding the potential of COVID-19 to impact construction or development projects.  For example, businesses may experience personnel or material shortages, or stoppages that result from Government-directed actions. These delays jeopardize project timelines and place businesses in vulnerable positions regarding liquidated damages or other contract penalties. These businesses are reviewing their contracts to see whether they may seek relief pursuant to their contract’s force majeure clause,” reports Joseph Romero, Esq. in Vandeventer Black LLP’s Articles.

“Businesses performing mandatory remedial actions or other corrective action pursuant to regulatory enforcement documents, including settlement agreements and consent orders with Federal or State regulators, will face similar challenges. These businesses and individuals should review their settlement agreements or consent orders to understand the procedural requirements they must follow to invoke their force majeure clause.”

Read the article.

Read the article.

“Kelly Services Inc. named Janis Acosta as VP, interim general counsel of the company. Kelly’s senior VP and Chief Legal Officer Hannah Lim-Johnson has been separated from the company, Kelly reported in a filing with the US Securities and Exchange Commission,” reports SIA Staffing Industry Analysts.

The company had named Lim-Johnson as chief legal officer in October 2017. Prior to joining Kelly, Lim Johnson served in several roles from October 2016 to April 2017 at PSEG in Newark, New Jersey.

Read the article.

“A St. Louis County Circuit judge has given preliminary approval to a nearly $1.7 million settlement on a class-action lawsuit. It affects about 10,000 people who were charged fees for the issuance of warrants or for failing to appear for a municipal court date in Ferguson, said Michael-John Voss, co-founder and special projects director with ArchCity Defenders,” reports The St. Louis American.

“These municipal court abuses were at the heart of the Ferguson uprising, which began after the killing of Michael Brown in August of 2014 and continued for about two years. Roelif Carter, a 62-year-old disabled military veteran, who depends on disability payment and food stamps, filed the case represented by ArchCity Defenders, the Saint Louis University School of Law Legal Clinics, and the Campbell Law Firm.”

“The city did not admit wrongdoing in the settlement. The American reached out to the city’s attorney for comment and is awaiting a response.”

“Circuit Judge Joseph Dueker has approved a settlement of $1,699,405 to be distributed among Roelif and 10,000 person class, as a partial return for the exploitative warrant and failure to appear fees they were charged by Ferguson’s municipal court between 2009 through the present. The parties have valued the total settlement being worth more than $5 million — a value that reflects the additional amount Ferguson would have continued to collect from 2014 through 2022 if it had not stopped charging the improper fees, attorneys said. The class of people who paid the fees will get 80 percent of what they paid back in a refund if they file a claim.”

Read the article.

“Directors of the Tulare Local Health Care District (TLHCD) voted  … to file a formal complaint against their former attorney with the California State Bar Association,” reports Dave Adalian in Valley Voice.

“’This is a mechanism to remove a bad apple from the profession,’ said TLHCD director Xavier Avila before the board voted unanimously to approve making the complaint. ‘If you’re driving down the road and you see an obstruction, a branch laying in the way, you remove it.’”

“Avila was describing the TLHCD’s former general counsel Bruce Greene.”

Read the article.

“The once high-flying California attorney Michael Avenatti wants a judge to reject a jury verdict that found he tried to extort Nike,” reports Larry Neumeister in The Sacramento Bee.

“Lawyers for Avenatti asked a Manhattan judge late Monday to overturn the verdict or grant a new trial for the 49-year-old man who rose to fame representing porn star Stormy Daniels in lawsuits against President Donald Trump.”

“They said in court papers that U.S. District Judge Paul G. Gardephe should take the rare step of overturning the jury verdict that convicted him of trying to extort up to $25 million from the shoemaker.”

Read the article.

Littler, the world’s largest employment and labor law practice representing management, has released the results of its COVID-19 Flash Survey Report. The survey, completed by more than 900 employers based in North America and with operations around the world, gauged their key concerns and actions in response to the pandemic.

The results reveal employers navigating far-ranging and thorny issues – from dealing with operational considerations related to closures and staffing shortages to keeping employees safe and managing morale to making tough decisions related to compensation and providing leave to those unable to work.

“COVID-19 has created a host of challenges for employers while accelerating fundamental shifts already underway in the workplace,” said Alka Ramchandani-Raj, a leader of Littler’s COVID-19 Task Force. “As the pandemic’s many lasting implications only begin to emerge, it’s encouraging that employers are moving quickly to take a range of actions in response to this rapidly evolving situation.”

Leave and Sick Pay

Nearly nine out of 10 respondents (89 percent) are concerned about determining whether to pay employees during absences related to the coronavirus. Further, 85 percent reported adjusting their sick leave policies or providing additional paid time off, or were considering taking these actions. A common theme expressed by respondents related to how to handle employees who cannot perform their jobs remotely and those who must care for children out of school or others who are sick.

“Companies already facing a patchwork of employee leave laws must now also comply with requirements to provide additional paid leave from measures passed in response to the pandemic. And many companies are implementing new policies and benefits to support employees during this difficult time,” said Melissa Peters, a leader of Littler’s COVID-19 Task Force. “The current regulatory environment and the novel nature of this virus give rise to several complex and nuanced questions about how to manage leaves of absence entitlements triggered by COVID-19.”

Employee Safety and Morale

The majority of respondents (93 percent) are worried about ensuring that workplace conditions and policies comply with applicable safety and health regulations. The most common steps taken in response were communicating hygiene practices and prevention measures (98 percent), restricting travel (83 percent) and canceling meetings (78 percent). Several survey respondents also said they were grappling with how to address employee anxiety and how to find the right balance in responding appropriately without panicking employees.

“Even before officials were starting to recommend stricter social distancing measures and states were beginning to institute stay-at-home orders, our survey respondents were taking several steps to keep their employees safe,” said Brad Hammock, co-chair of Littler’s Workplace Safety & Health Practice Group and a leader of the firm’s COVID-19 Task Force. “At the same time, with the workplace a defining part of many individuals’ lives, managing employee morale and mental health, as well as providing resources and support to help them cope, is understandably top of mind with employers.”

Additional Concerns and Actions Taken

• The need to temporarily close offices, factories or stores if an employee or customer tests positive for the virus ranked as the top worry among respondents with 96 percent expressing concern.

• Only 5 percent reported that their companies had implemented furloughs or short-term layoffs and another 43 percent were considering it. However, many U.S.-based respondents took the survey in mid-March before record-high unemployment claims were reported by the U.S. Department of Labor.

• Most respondents (83 percent) noted concern about inadvertently discriminating against members of a protected class or giving rise to discrimination claims in their COVID-19 response. However, avoiding discrimination against employees ranked lowest among employers’ concerns, with 17 percent reporting not being concerned at all.

The Littler COVID-19 Flash Survey Report was completed by 912 respondents, mainly HR professionals (54 percent) and in-house counsel (38 percent), between March 12 and March 25. Companies represented were of a variety of sizes and nearly all (98 percent) operate in the U.S., with a fair portion also operating in Canada (26 percent), Europe (26 percent), Asia (20 percent) and Mexico (16 percent), among other regions.

View the full report here: https://www.littler.com/files/littler_covid-19_flash_survey_report.pdf

About Littler

With more than 1,500 labor and employment attorneys in offices around the world, Littler provides workplace solutions that are local, everywhere. Our diverse team and proprietary technology foster a culture that celebrates original thinking, delivering groundbreaking innovation that prepares employers for what’s happening today, and what’s likely to happen tomorrow. For more information, visit www.littler.com.

Bradley Arant Boult Cummings LLP is pleased to announce that Nathaniel J. Greeson has joined the firm’s Washington, D.C., office as an associate in the Government Contracts Practice Group.

Greeson represents clients in a range of government procurement issues, including bid protests, claims, disputes, audits, and investigations. He has extensive experience with Government Accounting Office (GAO) bid protests, agency-level protests, Court of Federal Claims (COFC) bid protests, and appeals before the Small Business Administration Office of Hearings and Appeals. He also is experienced with agency-level requests for equitable adjustments (REA) and claims, and Boards of Contract Appeals claims.

“We are very pleased to welcome Nathaniel as the newest member of our highly regarded team of government contracts attorneys,” said Bradley Washington, D.C., Office Managing Partner Douglas L. Patin. “With his experience in private practice, and as a government attorney with DHS/FEMA, Nathaniel brings valuable knowledge and expertise that will help our clients navigate highly complex government contracts legal matters.”

Prior to joining Bradley, Greeson was a government contracts associate at an AmLaw 100 firm in D.C., as well as senior litigation advisor for the Procurement and Fiscal Law Division of the U.S. Department of Homeland Security Federal Management Agency (FEMA) Office of Chief Counsel. For the agency, he litigated bid protests before the GAO and COFC, and appeals at the CBCA. In addition, he advised FEMA on a variety of legal issues related to solicitation structures, technical evaluations, source selection decisions, debriefings, cure notices, and terminations.

Greeson received his J.D. from Vanderbilt University Law School and his Bachelor of Arts from Belmont University.

Bradley is recognized as having one of the nation’s leading government contracts practices with work that covers all aspects of federal, state and local contracting and a particular focus on bid protests and claims matters. The group’s attorneys represent contractors of all sizes, including more than 30 of the 200 largest government contractors in the United States. The firm’s government contracts work extends to a wide variety of industries that includes defense, aerospace, construction, engineering, information technology, consulting, energy, manufacturing, electronics, professional services, communications, and healthcare.

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.

Allison Miller, a seasoned and well recognized corporate lawyer with wide-ranging experience in all aspects of corporate law and restructuring and special situations transactions, has joined Stroock’s national Financial Restructuring Group as a partner in the New York office.

Miller has spent nearly two decades advising companies, boards, investment funds and other investors regarding the unique and complex legal issues raised by distressed and special situations transactions. She also has significant experience advising boards and special committees as outside general counsel for companies assessing and moving through liability management exercises and advising creditors as part of the same process, including in their post-reorganization role as owners of reorganized companies.

Miller was the leading transactional attorney on a number of recent landmark restructurings, including Sears, Avaya, iHeart Communications, SunEdison, American Tire Distributors and Seadrill. She is also listed as a 2019 “Notable Practitioner” in restructuring in the IFLR1000 legal directory.

Miller joins Stroock from Akin Gump Strauss Hauer & Feld LLP, where she was also a partner.

Harrity & Harrity, LLP, a boutique IP firm specializing in patent preparation and prosecution, is taking action to help those who have been affected by the severe outbreak of COVID-19. While the firm says it is fortunate to be in an industry that is minimally impacted by the devastation of the virus, it recognizes all of those who have lost their jobs, shuttered their businesses, and/or are struggling to make ends meet during this period of uncertainty.

“Look, we are blessed to be in an industry where many, if not most, make six or seven figures. Most lawyers will make it through this pandemic relatively unscathed,” said John Harrity, Managing Partner. “We are in an unprecedented time, with a virus that is spreading throughout the world at an exponential rate and the global economy being devastated. This is a great opportunity for our legal industry to act.”

The government’s stimulus package is certainly a step in the right direction to help those that have been financially impacted by the coronavirus, but it is clear that more needs to be done. Accordingly, John said his firm has made the decision to temporarily reallocate its giving back initiative, Harrity 4 Charity, to help those suffering from the many adverse effects of COVID-19.

“As a result of the current pandemic, we have decided to pause our contributions to our partner charities and instead get our Harrity 4 Charity dollars out into the communities to help people who have been financially impacted by the coronavirus,” stated John.

Currently, the firm commits 5 percent of its profits to four charity organizations. Impressively, every one of the firm’s 53 employees also donates a portion of their paychecks to the Harrity 4 Charity non-profits. While these charities are still incredibly important to the firm, the current economic climate calls for immediate attention. Suggestions and nominations of where to donate the Harrity 4 Charity dollars have flooded in from the firm’s employees, many with heartfelt accounts of families that they know personally who are struggling to get by.

While Harrity & Harrity has not yet announced the recipients of the COVID-19 relief fund, the initiative will focus on helping families and individuals who have been laid off or lost their jobs, single parents or families struggling to provide for their children as a result of COVID-19, and those with underlying health conditions that prevent them from obtaining household essentials on their own.

The firm additionally plans on establishing restaurant-run food banks throughout the nation with the goal of helping businesses who are suffering from a lack of customers, while providing free meals to people who cannot afford them. Harrity 4 Charity will purchase meals from local restaurants and donate the food to those in need.

John hopes these programs will not only aid those suffering from the effects of the outbreak, but inspire others, specifically in less impacted industries like the legal field, to act.

“If you are in the position to, please also consider donating to one of the many organizations currently supporting COVID-19 relief, or offering to help someone you know in need,” John urges.

About Harrity 4 Charity
Harrity 4 Charity represents a partnering of law firm Harrity & Harrity, LLP, with charities that are near and dear to our hearts. Harrity pledges to give five percent of profits to partner charities and all Harrity employees pledge to donate a portion of their paychecks. Harrity & Harrity is a patent preparation and prosecution firm specializing in the electrical and mechanical technology areas and is considered a Go-To Firm for the Patent 300®. Our clients have come to trust in our high-quality work, experienced people, industry leading innovation, and outstanding service. For more information, visit harrityllp.com.