“A bill regulating the use of contact tracing data has moved its way through both chambers of the New York State legislature. Senate Bill S8450C regulates all information that includes or can reveal the identity of any individual and any COVID-19 related information or test results,” reports Dominic Panakal in HeyDataData.

“New York State established a tracing initiative to control the spread of the coronavirus pandemic across the state. The tracing program is part of the larger strategy of reducing transmission and ensuring affected individuals are appropriately isolated. As part of this initiative, the state employs contact tracers to communicate with individuals diagnosed with COVID-19, as well as any parties who have been in contact with them and therefore exposed to the virus.”

“During the early stages of the pandemic, Governor Cuomo said ‘once you trace, and you find more positives, then you isolate the positives — they’re under quarantine, they can’t go out, they can’t infect anybody else.’ Municipalities and local governments in New York have also engaged in this program or a variant of it. For example, New York City hired 3,000 disease detectives and case monitors to identify anyone who has come into contact with individuals who have tested positive for COVID-19.”

Read the article.

“Weatherford International has recruited Scott Weatherholt as executive vice president, general counsel and chief compliance officer (CCO),” reports Ben Maiden in Corporate Secretary’s Appointments.

“Weatherholt was previously senior vice president and general counsel at Arena Energy and its affiliates, a role in which he had a focus on offshore Gulf of Mexico shelf exploration and production activities. Before that, he was an executive vice president, general counsel and corporate secretary at Midstates Petroleum, where his work included legal oversight of a merger with Amplify Energy and a large debt-for-debt recapitalization.”

“Earlier in his career, Weatherholt spent a decade at Samson Resources, where he was assistant general counsel of operations with responsibility for operational legal, land and regulatory issues for the Permian Basin, Eagleford, Mid-continent, Haynesville/Cotton Valley, Powder River, Green River and Bakken business units.”

Read the article.

“Judge Raag Singhal … dismissed a class action lawsuit that claimed Burger King Corporation’s advertising deceived customers by making a ‘presumption’ that its plant-based “Impossible Whopper” patties would be cooked on different grills than those used to cook meats,” writes

“Specifically, the plaintiffs alleged to have been ‘duped’ into believing that Burger King cooked its Impossible Whopper patties on dedicated grills due to the patties being marketed as ‘0% beef and 100% Whopper.’ The plaintiffs had previously argued that Burger King marketed the Impossible Whopper as vegan, but then dropped that claim given that Burger King’s advertising did not expressly mention that the Impossible Whopper was in fact vegan.”

“In dismissing the plaintiffs’ breach of contract claim, Judge Singhal held that Burger King’s promotional material did not mislead customers about cooking methods and that it did not imply that its plant-based patties would be grilled separately from meat products.”

Read the article.

“While a great number of people believe that in-house lawyers earn less than their Biglaw counterparts, top in-house attorneys — the general counsel of America’s largest companies — often earn sums that exceed Biglaw partner pay,” writes Staci Zarestsky in Above the Law’s In-House Counsel.

The article takes a look at “Corporate Counsel’s latest survey of the nation’s best-paid general counsel, a ranking that pulls together all the money that GCs make in total cash compensation, which is a combination of base salary, cash bonus, and nonequity incentives.”

Read the article to see how general counsels’ compensation has changed since last year’s survey.

Read the article.

Nashville partner Lauren Kilgore recognized for her ‘Talent and Litigation’ work

DALLAS – Shackelford, Bowen, McKinley & Norton, LLP entertainment and business litigation partner Lauren Kilgore has been selected to Billboard magazine’s 2020 listing of the nation’s leading music attorneys.

 Billboard’s 2020 Top Music Lawyers list recognizes attorneys who are on the front lines of the music industry’s legal battles and deals in a time marked by economic and social upheaval due to the global pandemic.

Kilgore, a partner in Shackelford’s Nashville office, is among the attorneys recognized for their “Talent and Litigation” practices. She has been instrumental in helping identify new business models to help record label and performing artist clients weather the coronavirus shutdown.

Kilgore’s practice focuses on complex litigation and sophisticated entertainment and business issues involving license agreements, trademarks, copyrights, rights of publicity, general releases, distribution agreements, publishing agreements, recording agreements, artist development agreements, and management agreements. She also handles online media issues and crisis management for individuals and corporate clients.

The Top Music Lawyers for 2020 were selected by Billboard editors, based upon such factors as peer and colleague nominations, and the representation of clients with a notable music industry impact as measured by charts, sales and streaming performances. Recognition covers six categories including Talent and Litigation, Major Music Groups, Streaming, Live, Music Publishing, and Performing Rights. The entire list can be found in the July 25, 2020, issue of Billboard or online.

Board-Certified Bankruptcy Lawyer Joins Houston Office as a Partner

HOUSTON and FORT WORTH, TEXAS – Forshey Prostok L.L.P. is proud to announce the addition of Deirdre Carey Brown, pllc, as a Partner in the firm’s Houston office.

Board Certified in Business Bankruptcy by the Texas Board of Legal Specialization, Brown has 20 years of bankruptcy and restructuring experience. Her work includes representing both Chapter 11 debtors, official committees, creditors, and equity, in a variety of industries, with particular focus in the construction and energy markets.

To learn more about Brown, visit: https://forsheyprostok.com/attorneys/deirdre-carey-brown-pllc/

“Deirdre is a great fit for our growing team of bankruptcy and restructuring professionals,” said managing partner Jeff Prostok. “Particularly as we face growing demand in the energy sector, Deirdre’s experience in both Houston and Louisiana will serve our clients well.”

Prostok notes that, with the addition of Brown, Forshey Prostok now has eight partners who each have more than 15 years of business bankruptcy experience.

“We pride ourselves in offering the skill and sophistication of a large firm, but without the conflicts and expensive overhead,” he said. “I don’t know of many firms in Texas, big or small, with the business bankruptcy firepower our firm offers.”

Brown, who relocated to Houston from New Orleans 15 years ago, said the firm’s ability to support complex cases sealed the deal.

“I was impressed by the quality of Forshey Prostok’s lawyers, and I’m looking forward to helping grow the firm’s base in Houston,” she said. “The bankruptcy judges in Houston have excelled in handling the complex case docket while being proactive and accommodating in dealing with issues from COVID-19. We will surely see an increase in complex cases filing in Houston in the coming months.”

Brown has been recognized for her work in business bankruptcy by Texas Super Lawyers (2016 to 2019) and Houstonia Magazine (2013-2015 and 2018) and is a Life Fellow of the Texas Bar Foundation. She earned her J.D. from Tulane Law School and her B.A. from Michigan State University. Ms. Brown is also certified in mediation.

About Forshey Prostok L.L.P.

Forshey Prostok L.L.P. provides extensive experience in all areas of bankruptcy law from its offices in Fort Worth and Dallas. The firm’s scope of representation includes handling complex business reorganizations, enforcing of creditor’s rights, leading commercial and bankruptcy-related litigation, overseeing creditors’ committees, directing workouts, and closing bankruptcy acquisitions. Forshey Prostok is ranked by the Chambers USA legal guide and received a Tier 1 ranking from Best Law Firms for bankruptcy and creditor/debtor rights. For more information, visit https://forsheyprostok.com/.

FORT WORTH, Texas – The complex bankruptcy and restructuring law firm Forshey Prostok L.L.P. is pleased to announce the addition of Michael D. “Mickey” Ricketts as Of Counsel in the firm’s Fort Worth headquarters.

Ricketts, who handles bankruptcy and commercial litigation, has also done extensive work as an intellectual property litigator, successfully representing plaintiffs and defendants in complex patent infringement cases across a wide range of industries, including 3D computer graphics, augmented reality, GPS-based asset tracking, and hand tools. Before becoming a lawyer, Ricketts was a software/systems engineer in the U.S. defense industry.

Learn more about Ricketts.

Ricketts holds dual B.A. degrees in computer science and music from Southern Methodist University (2001) and received his J.D. from SMU’s Dedman School of Law in 2010. He is licensed to practice law in Texas and is admitted to practice before the U.S. District Courts for the Northern, Eastern, and Western Districts of Texas. He is also a member of the American Bankruptcy Institute.

Akerman LLP, a top 100 U.S. law firm serving clients across the Americas, welcomes Mark Lichtenstein to the firm’s Bankruptcy and Reorganization Practice Group. Lichtenstein brings extensive experience working with corporate and distressed assets, particularly while resolving restructurings and bankruptcy matters on behalf of private equity firms, financial institutions, and hedge funds.

“The COVID-19 pandemic has brought companies across all industries severe disruption, distress or uncertainty,” said Bankruptcy and Reorganization Practice Group Chair Andrea Hartley. “Mark brings important experience, critical to helping our clients navigate financial complexities as a result of the current economic fallout.”

Lichtenstein focuses his practice on a broad range of corporate and bankruptcy matters, including restructuring of private equity portfolio companies, bankruptcy litigation, and the acquisition of assets in bankruptcy cases, as well as workouts, creditors’ rights litigation, distressed real estate matters, and commercial counseling. He also has experience in structured finance transactions and the rendering of opinions in connection with these transactions.

In addition, Lichtenstein has experience representing secured and unsecured creditors, indenture trustees, debtors, Chapter 7 and Chapter 11 Trustees, landlords, and licensees and licensors of intellectual property. He has handled bankruptcy litigation, including fraudulent conveyance, preferential transfer, breach of fiduciary duty, recharacterization, involuntary bankruptcy and equitable subordination cases. Lichtenstein also has experience in corporate and real estate transactions and non-bankruptcy litigations, including foreclosure actions in the CMBS context or otherwise, lender liability actions, and partnership and corporate disputes.

About Akerman
Akerman LLP is a top 100 U.S. law firm recognized among the most forward thinking firms in the industry by Financial Times. Its more than 700 lawyers and business professionals collaborate with the world’s most successful enterprises and entrepreneurs to navigate change, seize opportunities, and help drive innovation and growth. Akerman is known for its results in middle market M&A and complex disputes, and for helping clients achieve their most important business objectives in the financial services, real estate and other dynamic sectors across the United States and Latin America.

Akerman’s Bankruptcy and Reorganization Practice Group serves as a strategic partner to creditors, distressed businesses, court appointed committees, and various fiduciaries. Our team—which includes lawyers certified in Business Bankruptcy by the American Board of Bankruptcy Certification—has served as bankruptcy counsel in many of the nation’s largest bankruptcy filings. Creative and cost-effective, we work closely with clients to resolve financial issues quickly, whether through bankruptcy or out-of-court solutions.

Bradley Arant Boult Cummings LLP is pleased to announce that Junaid Odubeko, a partner in the firm’s Nashville office, has been accepted to the American Bar Association (ABA) Section of Litigation’s Diverse Leaders Academy (DLA).

“We congratulate Junaid on his new role with DLA,” said Bradley Director of Inclusion and Diversity George D. Medlock Jr. “Workplace diversity is a core value at Bradley, and we are very proud of Junaid’s uniform commitment to furthering inclusion and diversity at the firm and in the legal community.”

DLA provides opportunities for lawyers in underrepresented groups to participate in leadership roles within the ABA Section of Litigation. Odubeko will serve a two-year term beginning Aug. 1, during which he will participate in Diversity & Inclusion Committee activities and engage in substantive work as a member of a Section committee or task force.

A member of Bradley’s Litigation Practice Group, Odubeko focuses his practice on advising and representing clients in complex commercial and business disputes and real estate litigation. He has represented clients in industries that include healthcare, financial services, transportation, lodging, entertainment, and insurance. In addition, Odubeko represents clients in a variety of state regulatory matters before the state’s various departments, boards and commissions. His administrative law experience includes representing insurance producers before the department of commerce and insurance and representing utility companies before the Tennessee Regulatory Authority. Furthermore, Odubeko represents and advises clients in the political arena on legal and other issues related to election law and campaign finance.

Odubeko has served on the Leadership Council on Legal Diversity, which is a national organization made up of general counsel and law firm managing partners who participate in programs designed to attract, inspire, and nurture the talent in society and within the members’ organizations, thereby helping a new and more diverse generation of attorneys ascend to positions of leadership.

At Bradley, Odubeko is an active member of the firm’s Recruiting Committee and the firm’s Lawyers of Color Resource Group. He was the recipient of the firm’s 2019 Diversity Leadership Award.

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.

U.S. Supreme Court and Federal Appellate Practice Chair Dan Geyser recently spoke with Texas Lawbook about his past success as a solo practitioner and what ultimately motivated him to join Texas appellate powerhouse Alexander Dubose & Jefferson.

In the article “Dallas Lawyer Dan Geyser: From Solo Shop to SCOTUS Practice Leader,” Geyser described wanting to focus a practice on U.S. Supreme Court and Federal Appeal Litigation and how that decision snowballed into him becoming one of the most active Texas lawyers before the nation’s highest court.

Read more about Dan and what compelled him to join ADJ. You can also visit TexasLawbook.net (subscription required.)

Greensfelder, Hemker & Gale, P.C., is pleased to announce that the firm has been named a finalist in the St. Louis Business Journal’s 2020 list of the “Healthiest Employers” in St. Louis. The firm is listed in the medium size category for companies with 100 to 499 employees and is the only law firm among the 24 finalists across all categories.

Greensfelder’s Well-Being Program strives to increase the overall wellness of all employees through opportunities encompassing physical, financial, emotional and social health. Initiatives have included yoga, Pilates and meditation classes; seminars on nutrition, financial health and other topics; a healthy recipes cookbook; and numerous other opportunities. During the COVID-19 pandemic, the firm strived to ensure that employees working remotely still had wellness resources available, including virtual challenges and seminars and tips on setting up ergonomic workstations at home. Launched in early 2019, the firm’s Well-Being Program is led by Greensfelder Human Resources Manager Jessie Fenton.

The list of “Healthiest Employers” finalists is available on the Business Journal’s website (subscription required). The winners in each category will be profiled in the publication’s Aug. 28 issue.

Greensfelder, Hemker & Gale, P.C., founded in 1895, is a full-service law firm with offices in St. Louis, Chicago and Southern Illinois. Greensfelder offers comprehensive legal solutions for clients locally, nationally and internationally. Areas of practice include business services; communications and media; construction; educational, religious and tax-exempt organizations; employee benefits; employment and labor; energy; franchising and distribution; health care; intellectual property; litigation; real estate; securities and financial services; and trusts and estates. Find out more at www.greensfelder.com.

Bradley Arant Boult Cummings LLP is pleased to announce that six of the firm’s attorneys have been appointed to new leadership roles with the American Bar Association (ABA) Section of Litigation for the 2020-2021 bar year, beginning Aug. 1.

The firm’s attorneys newly appointed as ABA Section of Litigation leaders are Dylan C. Black, Tiffany J. deGruy, Tiffany Graves, Robert Emmett Poundstone IV, Anne Marie Seibel, and Ethan T. Tidmore.

A partner in the firm’s Birmingham office, Black will serve on the planning committee for the Litigation Section’s 2021 Annual Conference in Houston. A member of Bradley’s Class Action and Complex Litigation Practice Group, he focuses his practice on complex civil litigation in state and federal courts, with particular emphasis on class actions, state and federal securities fraud cases, professional liability matters, and insurance coverage litigation.

A partner in the firm’s Birmingham office, deGruy will serve as co-chair of the Woman Advocate Committee. She focuses her practice on trying high-stakes business litigation.

Based in the firm’s Jackson, Mississippi, office, Graves will serve as co-chair of the Pro Bono Committee. Graves is Bradley’s pro bono counsel and oversees the development and administration of the firm’s pro bono programs.

Managing partner of the firm’s Montgomery, Alabama, office, Poundstone will serve on the Access to Justice Committee. He frequently represents clients in litigation matters pending in federal and state trial and appellate courts.

A partner in the firm’s Birmingham office, Seibel has just completed her service as one of the section’s managing directors and has been elected to serve on the Section of Litigation’s Council. She focuses her practice on multi-forum or multi-plaintiff high-stakes litigation and has trial experience in a variety of venues, as diverse as New Hampshire and Alabama trial courts and multiple arbitration proceedings.

A partner in the firm’s Birmingham office, Tidmore will serve as co-chair of the Pretrial Practice & Discovery Committee. He concentrates his practice primarily on complex commercial litigation.

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.

“Prudential Financial, Inc. (NYSE: PRU) announced today that Tim Harris, executive vice president and general counsel, has decided to retire after a long and successful career. Ann Kappler, senior vice president, deputy general counsel and head of external affairs, will assume the role of executive vice president and general counsel, effective Sept. 1, 2020,” reports Laura Burke in Prudential’s Press Releases.

“Ann Kappler joined Prudential in 2009 as a chief legal officer, assuming positions with increasing responsibility. Prior to joining Prudential, Kappler held a variety of roles including general counsel, Fannie Mae; partner at WilmerHale; partner at Jenner & Block; and law clerk to Supreme Court Justice Blackmun. She also serves as chair of the Board of National Health Law Program, member of the Pro Bono Partnership Board and Dartmouth’s Rockefeller Center for Public Policy Board of Visitors. Kappler holds an AB, Dartmouth College, and a J.D. from New York University School of Law.”

Read the article.

“Three recent decisions demonstrate how the legal landscape continues rapidly to change and evolve in response to COVID-19. These decisions highlight certain developing uncertainties in the law, including the impact of COVID-19-related executive and administrative orders on the rights of private parties,” report Jonathan P. Wolfert, Eddy Salcedo, Owen R. Wolfe, and Sarah Fedner in Seyfarth’s News & Insights.

The takeaways from these recent decisions are that “These decisions reflect the importance of staying up to date not only on various executive and administrative COVID-19 orders and anticipating the effects of those orders on pending litigation, but also Court decisions interpreting such orders or otherwise dealing with the effects of COVID-19. The legal landscape will continue to be affected as courts grapple with the continuing fallout from the pandemic.”

Read the article.

“The Indiana Supreme Court has imposed a 90-day suspension jointly proposed by the Disciplinary Commission and the respondent” Andrew Homan,  with automatic reinstatement following his conviction of operating a vehicle while intoxicated and several violations, reports Mike Frisch in Legal Profession Blog.

“Respondent was arrested for, and later pled guilty to, OWI. As a result of his refusal to comply with Indiana’s implied consent law at the time of his arrest, and later as a result of his conviction, Respondent’s license was suspended from May 2017 until July 2018. Respondent twice drove while his license was suspended. In addition, Respondent’s criminal probation was revoked after he was found in violation for consuming alcohol.”

Read the article.

“In recent weeks, because of the remoteness of our work forces, we have seen an increased incidence of abusive written communications between employees. It’s fair to say that we all have certain frustrations with our current situation, but in the past, when we all worked in the office or plant together, we could often work out those frustrations through face-to-face conversation. In face-to-face conversations, it is more difficult to say rude or abusive things to other employees. Unfortunately, a similar social barrier does not seem to be present when employees write emails or text messages,” warns Thomas H. Wilson in Vinson & Elkins’ Insights.

“In the recent General Motors case, the facts indicated that the employee in question, over the course of several meetings, used profane language toward managers, threatened them, and played loud, explicit music on his phone to interrupt the conversation. The administrative law judge, citing to the Board’s prior rulings on these types of communications, found that General Motors’ discipline against the employee—namely, a series of suspensions—constituted an unfair labor practice. The current Board overturned that opinion and the prior cases that supported it in its decision.”

Read the article.

Navex Global – Discover the trends and behaviors that influence program effectiveness.

In our second annual definitive benchmark report, our experts analyze the trends defining and influencing the risk and compliance industry. Comparing year-over-year data, our 2020 report identifies key findings regarding program priorities, use of technology, leadership buy-in, and other program elements. This year, the report takes the data even further to also quantify the impact of those elements on program performance and success.

The data in this report represents detailed responses from professionals who actively manage or influence their program’s hotline and incident management, policy and procedure management, ethics and compliance training, and/or third-party risk management functions.

Download the report.

Pet owners’ love for their animals, along with the impact of COVID-19, are among the reasons decision-makers feel bullish about the future of private equity and animal care, according to a new survey of 100 industry leaders conducted by Katten.

The 2020 Private Equity in Animal Care Survey queried animal care operators and private equity representatives who participated in a private equity/animal care transaction over the past two years or expect to soon. The results reveal that what made animal care tempting for private equity before COVID-19 — low risk, good returns and relatively light regulation — began to resonate even more amid stay-at-home orders and perhaps a reevaluation of household priorities.

Despite its broad economic damage, the pandemic at least somewhat positively impacted 68 percent of private equity respondents’ outlook when it comes to animal care, while 61 percent of animal care respondents have become more open to private equity since COVID-19 swept through the United States in March 2020.

Additionally, 90 percent of private equity respondents agreed that animal care is an attractive target, and 71 percent expect private equity transactions in the sector to increase over the next year — with more than one quarter saying the increase would exceed 10 percent.

The survey, conducted online in May, also found that for all respondents, therapeutics and diagnostics were the greatest investment opportunity over the next two years. Technological advances in animal care are expected to accelerate as a result of COVID-19 — which is likely why survey respondents point to technology products for pet owners as an area ripe for investment.

Download the complete 2020 Private Equity in Animal Care report.

LOS ANGELES – July 27, 2020 – Redgrave LLP, the premier law firm focusing exclusively on eDiscovery and information law, is proud to announce today that Vanessa Barsanti has joined the Firm as a Partner in Los Angeles. Barsanti most recently served as Of Counsel at Kirkland & Ellis LLP, where she was a member of the eDiscovery Strategy team.

Barsanti has extensive experience in managing the discovery process, including managing collections, reviews and productions, organizing multi-track offensive and defensive written discovery, and drafting successful discovery motions and depositions.

As a member of multiple complete defense verdict trial teams, Barsanti has developed and implemented custom technical workflows to support eDiscovery processes. Her experience also includes developing procedures for efficient second-level review. She is a member of Women in eDiscovery.

Barsanti received her J.D. (with honors) from the University of Chicago School of Law and her B.A., magna cum laude, from Texas Christian University.

ABOUT REDGRAVE LLP

Redgrave LLP is one of the largest legal practices focused exclusively on addressing the legal challenges that arise at the intersection of the law and technology, including eDiscovery, information governance, data privacy, and data security. The Firm provides practical, innovative, and cost-effective solutions to clients across a diverse array of industries. Redgrave also works collaboratively with Am Law 100 law firms in a wide range of roles, and Firm lawyers have appeared in state and federal courts throughout the United States. Redgrave is proud to be a woman-owned business that celebrates diversity, cultivates inclusivity, and demands equality.

Redgrave is the only law firm nationwide ranked as Band 1 in the field of eDiscovery and Information Governance in the 2020 edition of Chambers USA, America’s Leading Lawyers for Business. Chambers & Partners produces this annual internationally recognized guide to the legal profession in the U.S. market by conducting thousands of interviews with private practice attorneys and clients.

Redgrave has office locations in New York, Washington, D.C., Northern Virginia, Cleveland, Chicago, Minneapolis, Austin, Los Angeles, and San Francisco.

“Gov. Mike DeWine on Thursday shifted gears and called on the Ohio General Assembly to repeal the law that would provide a $1 billion bailout of two nuclear power plants on Lake Erie, given revelations about the alleged $60 million bribery scheme that led to its passage,” reports Jim Provance in The Blade.

“He said the process behind the bill’s passage ‘stinks’ and has tainted what he has said is still the good policy behind saving the Davis-Besse nuclear plant near Oak Harbor and the Perry plant east of Cleveland.”

“He called on lawmakers to repeal and replace House Bill 6 through an open process ‘that the public can have full confidence in.'”

Read the article.