“Retired United Auto Workers President Dennis Williams was charged Thursday with conspiracy to embezzle union funds following a years-long investigation into racketeering, bribery and other crimes that has pushed one of the nation’s most powerful unions to the brink of a federal takeover,” report Robert Snell, Jordyn Grzelewski and Breana Noble in The Detroit News’ Autos.

“Williams, 67, of Corona, Calif., is the second UAW president charged during an investigation by agents from the FBI, Labor Department and Internal Revenue Service during a probe that has led to 14 convictions. It has revealed labor leaders and auto executives broke federal labor laws, stole union funds and received bribes and illegal benefits from union contractors and Fiat Chrysler Automobiles NV executives.”

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Rhonda Ferguson will join the The Allstate Corporation as Executive Vice President and General Counsel, effective Sept. 28. Ferguson will take the position over from Susie Lees, who announced her intention to retire in 2021. “Lees remains Chief Legal Officer and Secretary of the corporation,” announced Allstate in their Newsroom.

Ferguson joins Allstate from Union Pacific Railroad, where she has served as Executive Vice President, Chief Legal Officer and Corporate Secretary and was responsible for all legal, regulatory and corporate governance initiatives.

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“When owners file bankruptcy or projects otherwise go south, lien priority often comes to the forefront. The idea is relatively simple. Priority is how courts determine which creditors get paid first. This often pits lenders against M&M lien claimants. For lenders, their liens typically arise when they record their deeds of trust. However, for M&M lien claimants, the Texas Property Code has very specific rules that must be followed,” warns Joe Virene in Texas Construction Law Blog’s Liens.

“The Code provides that a ‘mechanic’s lien does not affect any lien, encumbrance, or mortgage on the land or improvement at the time of the inception of the mechanic’s lien ….’ Inception is the key word. The code goes on to state ‘the time of inception of a mechanic’s lien is the commencement of construction of improvements or delivery of materials.'”

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“Former Crestline police chief Joe Butler has been awarded a $380,000 settlement in a lawsuit he filed against the village,” reports Lou Whitmire in Mansfield News Journal.

“In the suit, Butler sought $1.6 million in compensatory and punitive damages, alleging the actions of the defendants were a direct effort to retaliate against him for his effort to expose then-mayor Allen Moore’s racially discriminatory remarks. The suit claimed they did so by attacking Butler’s public reputation, interfering with his public duties and ultimately depriving him of his position and his career in law enforcement.”

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“Recent press reports have highlighted the difficulties faced by companies that discover evidence of misconduct only after an executive has exited and received severance,” writes Martin Luff in Vinson & Elkins’ Insights.

“When it comes time to exit a CEO or other senior executive due to that individual’s bad behavior, there is often a strong (and understandable) desire of the board of directors to handle it as quickly as possible and with the least amount of drama and publicity. But this can sometimes mean that not all the facts have come to light at the time of termination — and if the decision has been made to terminate without cause, the executive may have already received generous severance benefits on the way out the door.”

W”hat happens if subsequently more evidence comes out that, had the board known this earlier, it would have terminated for ’cause,’ with no severance payment? The options available to the board may depend on what’s in the relevant agreements.”

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“Updated: A federal judge in Seattle has tossed a lawyer’s $1.5 million defamation lawsuit against Avvo for allegedly posting false information that made him look ‘terrible,'” reports Debra Cassens Weiss in ABA Journal’s Daily News.

“U.S. District Judge James L. Robart of the Western District of Washington dismissed lawyer Andrew U.D. Straw’s claims for defamation, tortious interference with contractual relations, intentional infliction of emotional distress and disability discrimination.”

“Straw took issue with two Avvo statements. The first was his then-Avvo rating of 3.1 out of 10. The second was an allegedly false description of Straw’s Virginia bar status as ‘not active but disabled.'”

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Parker Poe Adams & Bernstein LLP is pleased to announce that Elizabeth Applegate Dieck has joined the firm’s Charleston office. She is a former chief regulator in South Carolina who helps clients navigate the complex web of environmental permitting and compliance.

Utilities, industrial companies, real estate developers, and land owners turn to Dieck for counsel on the full range of environmental issues, including obtaining permits and avoiding or resolving disputes with government agencies.

Dieck is the former director of environmental affairs for the South Carolina Department of Health and Environmental Control (DHEC). In that role, she was responsible for all permitting, compliance, and enforcement for the state’s environmental programs. She has also served as chief counsel for DHEC’s Office of Ocean and Coastal Resource Management, where she advised staff on permitting and enforcement issues along South Carolina’s coast.

Dieck is also passionate about community service. She serves on the board of trustees for the Historic Charleston Foundation. Additionally, she is a member of the South Carolina Chamber of Commerce’s Environmental Technical Committee and a graduate of Leadership Charleston.

Dieck joins Parker Poe from Moore & Van Allen.

“Five major automobile manufacturers – BMW of North America, Ford, Honda, Volkswagen Group of America, and Volvo – and the California Air Resources Board (CARB) recently entered into voluntary framework agreements to reduce vehicle greenhouse gas (GHG) emissions annually through model year 2026. This follows the agreement-in-principle that CARB and the automakers reached in July 2019 in anticipation of the Trump Administration’s plans to promulgate less-restrictive light-duty vehicle GHG emissions standards, reports Joshua H. Van Eaton, Daniel B. Schulson and Anthony G. Papetti in Beveridge & Diamond’s News Alert.

“The U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration finalized in September 2019 the first part of the Safer, Affordable, Fuel-Efficient (SAFE) Vehicles Rule. Specifically, Part I of the SAFE Rule withdrew California’s 2013 Clean Air Act Section 209(b) waiver, which permitted California to establish GHG emissions standards and Zero-Emission Vehicle (ZEV) mandates. This rule is currently being challenged by 24 states and environmental groups.”

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“In CHS/Community Health Systems, Inc. et al v. Steward Health Care System LLC, the Delaware Court of Chancery examined who was an intended third-party beneficiary of an indemnification provision in an Asset Purchase Agreement,” writes Steve Quinlivan in Stinson’s Blog.

“The dispute arose in a transaction where Steward agreed to purchase substantially all the assets of certain hospitals owned by CHS.”

“Specifically, the APA listed a series of ‘Seller Entities’ that would ‘sell to [Steward] . . . substantially all of [their] assets . . . which are . . . used in connection with . . . [a] Healthcare Business.'”

“Steward agreed to ‘assume . . . the future payment and performance of . . . all obligations accruing . . . after the Effective Time with respect to the Assumed Contracts.'”

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“Business owners in the U.S. are often faced with various legal problems that can be crippling to their business. One of the best ways for them to circumvent these legal problems is to identify potential problem areas early and prepare for them by having a trusted business lawyer,” discusses Jacob Maslow in LegalScoops Practice.

He lists seven most common legal issues that businesses can avoid.

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“A deadlocked Pennsylvania Supreme Court on Tuesday voted to let stand a state Superior Court ruling overturning a $21 million bad faith ruling against Nationwide,” reports John Huetter in RDN Repairer Driven News.

“The Superior Court had held in a 2-1 2018 decision that Common Pleas Judge Jeffrey Sprecher overreached in a 2015 ruling on Nationwide’s behavior related to a Jeep left unsafe after repairs tied to a Blue Ribbon auto body shop.”

“The Supreme Court on Tuesday declared itself ‘divided in a fashion which prevents a majority disposition’ and therefore dismissed the appeal by the Jeep’s lessee. (Justice Christine Donohue didn’t participate in the case.) The move means the Superior Court decision remains intact.”

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“An overbilling lawsuit filed against K&L Gates on Monday alleges the law firm used multiple techniques to increase its fees fraudulently while representing a company in a suit over a failed lease agreement,” reports Debra Cassens Weiss in ABA Journal’s  News.

“The Aug. 24 suit, filed in the District of Utah’s Central Division, says K&L Gates billed $1.6 million in legal fees between May 2016 and October 2016, even though it was not hired to be the primary law firm in the representation.”

“The suit was filed by Chicora Life Center and its owner, Chicora Garden Holdings. Chicora Life Center’s manager is lawyer and developer Douglas Durbano, who announced a congressional run in January but failed to get on the primary ballot, the Deseret News reported in May.”

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“Attorney General Kathy Jennings today announced an $85 million multistate settlement with American Honda Motor Co., Inc. and Honda of America Mfg., Inc., over allegations Honda concealed safety issues related to defects in the frontal airbag systems installed in certain Honda and Acura vehicles sold in the United States. The systems were designed and manufactured by Takata Corporation, a long-time Honda supplier, and were first installed in Honda vehicles in the 2001 model year,” was posted in Delaware.gov’s news feeds.

“The settlement, reached between the attorneys general of 43 states and the District of Columbia and Honda, concludes a multistate investigation into Honda’s alleged failure to inform regulators and consumers of that the frontal airbags posed a significant risk of rupture, which could cause metal fragments to fly into the passenger compartments of many Honda and Acura vehicles. The ruptures have resulted in at least 14 deaths and over 200 injuries in the United States alone.”

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“Google announced that Halimah DeLaine Prado, a 14-year veteran of the company, has been promoted to serve as its General Counsel. The move would position DeLaine Prado as one of Google’s highest-ranking Black executives at the company,” reports Johan Moreno in Forbes.

“Previously, DeLaine Prado served as a VP of Legal for the company’s product team. She will report to the company’s SVP of Global Public Affairs, Kent Walker.”

“DeLaine Prado’s appointment comes months after the retirement of David Drummond, Alphabet’s former chief legal officer. He departed amid allegations of inappropriate relationships with subordinates during his time at the company.”

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Eversheds Sutherland is pleased to announce the addition of Breen M. Schiller and Nikki E. Dobay to the firm’s Tax Practice Group as State and Local Tax (SALT) partners. Ms. Schiller will join the firm’s Chicago office and Ms. Dobay will join the firm’s Sacramento office in the next few weeks.

Schiller is joining the firm from Horwood Marcus & Berk in Chicago, where she had been the Chair of the SALT practice group. In addition to Schiller’s Illinois tax experience, she has consulted with clients on state and local tax issues across the country, including for several of Eversheds Sutherland’s existing clients. She regularly consults and represents some of the largest taxpayers in the US.

Dobay is joining from the Council On State Taxation (COST), where she had been senior tax counsel. Dobay joins former COST lawyers Jeff Friedman and Todd Lard, both of whom represented COST’s members on state tax matters before joining Eversheds Sutherland. She has extensive Oregon tax experience, including with the state’s newly imposed Commercial Activity Tax. Ms. Dobay also has represented clients on state tax policy matters across the US. Her legislative and regulatory experience will add to the firm’s considerable state tax policy practice.

Eversheds Sutherland’s Tax Practice is comprised of more than 100 attorneys representing many of the world’s largest corporations—including more than 35 of the Fortune 100—in every industry sector and in virtually every area of tax law, on the federal, international, state and local levels. By virtue of the size of its tax practice and its varied client base, Eversheds Sutherland is active in every area of taxation—from planning the most complex corporate tax transactions to representing taxpayers in administrative and judicial tax controversies.

About Eversheds Sutherland
As a global top 10 law practice, Eversheds Sutherland provides legal services to a global client base ranging from small and mid-sized businesses to the largest multinationals, acting for 75 of the Fortune 100, 68 of the FTSE 100 and 113 of the Fortune 200.

With more than 3,000 lawyers, Eversheds Sutherland operates in 68 offices in 32 jurisdictions across Africa, Asia, Europe, the Middle East and the United States. In addition, a network of more than 200 related law firms, including formalized alliances in Latin America, Asia Pacific and Africa, provide support around the globe.

Eversheds Sutherland provides the full range of legal services, including corporate and M&A; dispute resolution and litigation; energy and infrastructure; finance; human capital and labor law; intellectual property; real estate and construction; and tax.

Eversheds Sutherland is a global legal practice and comprises two separate legal entities: Eversheds Sutherland (International) LLP (headquartered in the UK) and Eversheds Sutherland (US) LLP (headquartered in the US), and their respective controlled, managed, affiliated and member firms. The use of the name Eversheds Sutherland is for description purposes only and does not imply that the member firms or their controlled, managed or affiliated entities are in a partnership or are part of a global LLP. For more information, visit eversheds-sutherland.com.

Greensfelder, Hemker & Gale, P.C., is pleased to announce that John C. Hanson, an attorney in the firm’s Southern Illinois office, has been elected treasurer of the Madison County (Illinois) Bar Association.

A native of Edwardsville, Ill., Hanson previously served as recording secretary for the Madison County Bar Association. He is a member of Greensfelder’s Litigation practice group, representing companies in a variety of commercial litigation matters. Previously, he served as an assistant state’s attorney in the Madison County State’s Attorney’s Office.

Hanson received his J.D. from Southern Illinois University School of Law. He also holds a Master of Arts from Eastern Illinois University and a Bachelor of Science from Southern Illinois University-Edwardsville.

The Madison County Bar Association serves more than 400 attorneys and residents of Madison County, which is part of the greater St. Louis metro area.

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.

Location Offers Strong Regional Counsel in Complex Commercial Transactions and Options for Preferred Venues

Porzio, Bromberg & Newman P.C. (Porzio) is delighted to announce that Cheryl A. Santaniello has joined the firm to launch and lead Porzio’s first Delaware office. The new office is part of the firm’s long-term strategy to offer clients expanded services in Delaware and seamless access to its bankruptcy courts. Santaniello brings three decades of legal experience and community service to the position and is a trusted advisor to clients on complex business transactions and acquisitions. The office supports Porzio’s strong bench in bankruptcy in its New Jersey and New York offices, and is positioned to grow with regional lateral recruitment. The new office is located at 300 Delaware Ave., Suite 1220, in Wilmington.

In addition to serving as managing principal of the Wilmington office, Santaniello is a member of Porzio’s Real Estate and Bankruptcy Practice Groups. Highly regarded for her practice in the areas of business transactions, commercial real estate, lending and creditors rights, Santaniello represents commercial purchasers, sellers, lenders, developers, landlords, and tenants in Delaware, Pennsylvania, and New Jersey.

Santaniello serves as outside general counsel to clients in a variety of industries, helping them navigate their day-to-day operations and providing legal opinions to lenders and rating agencies on entity formation and existence, authority, bankruptcy-remoteness and non-consolidation.

Santaniello received her J.D. from Rutgers University School of Law and her B.A. from Vanderbilt University.

About Porzio, Bromberg & Newman, P.C.
At Porzio, Bromberg & Newman, P.C., a dynamic approach to problem-solving and client service creates the energy and passion that form the foundation of the firm. Porzio meets clients’ rapidly changing needs by realigning our considerable resources to address demanding matters. Porzio is a business-oriented multidisciplinary law practice where attorneys collaborate with each other and with clients to find solutions to challenges and problems. Porzio strives to incorporate diversity and inclusion in its daily practices to create an enriched workplace that benefits the firm’s clients. With more than 90 lawyers throughout offices in New York City; Washington, D.C.; Morristown, Princeton, and Ocean City, New Jersey; Westborough, Massachusetts; Wilmington, Delaware; and San Juan, Puerto Rico, the firm is committed to serving clients, providing high-quality work and achieving results. Porzio provides a broad array of litigation, corporate, transactional and counseling services to clients ranging from Fortune 500 corporations to individuals to public entities. For additional information, please visit www.pbnlaw.com.

The International Association of Defense Counsel (IADC) has announced that G. Todd Butler, a partner at Phelps Dunbar LLP in Jackson, Mississippi, has joined the IADC, a preeminent invitation-only global legal organization for attorneys representing corporate and insurance interests.

Butler’s practice focuses on civil rights and employment defense as well as appellate litigation. He has served as counsel in more than 100 trial court cases and presented appellate arguments in both federal and state courts throughout the United States.

Butler serves as general counsel to the Mississippi Municipal Liability Plan, the Mississippi Municipal Workers’ Compensation Group, and the Mississippi Municipal Service Company. He is a member of the Federalist Society and formerly served as chairman of the Mississippi Bar’s Appellate Practice Section. In addition, he is an adjunct professor at Mississippi College School of Law and included in the peer-reviewed Best Lawyers in America listings.

Prior to beginning his practice, Butler served as a law clerk to Judge Leslie H. Southwick on the U.S. Court of Appeals for the Fifth Circuit. He received his J.D. (summa cum laude) from Mississippi College School of Law, where he served as editor-in-chief of the Law Review. He received his Bachelor of Science (summa cum laude) from Mississippi State University, where he served as president of the Student Government Association.

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.

“While the number of cars on the road has steadily increased over the past several decades, the rate of fatal accidents has gone down significantly. In large part, this decrease is due to advancements in life-saving technology, most notably, airbags,” writes Richard P. Console, Jr. in The National Law Review.

“According to the National Highway Transportation Safety Administration (NHTSA), between 1987 and 2017, airbags saved over 50,000 lives. Of course, airbags are only effective when they work correctly. While there are several reasons why an airbag may not deploy, the most common reason is that the airbag was defective.”

“If a driver or passenger is injured in a motor vehicle accident in which the airbag did not deploy, they may be entitled to monetary compensation through various sources. Of course, if another driver caused the accident, an accident victim can pursue a claim against that party. However, there may be other claims, as well. One often overlooked claim is a product liability claim against the manufacturer of the vehicle or the manufacturer of the airbag, or both.”

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