Counsel News and Events for Attorneys and Executives

Archive for January, 2021

Highlights of the Section 45Q Final Regulations

InsightsOn January 6, 2021, the IRS issued T.D. 9944 (the “Final Regulations”), which finalizes the proposed regulations under section 45Q (the “Proposed Regulations”) that were issued in REG-112339-19 on May 28, 2020 and discussed in an earlier post. This article summarizes the key ways in which the Final Regulations differ from their predecessor.

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Jones Day Hires Homeland Security Lawyer… Doesn’t Mention Kidnapped Immigrant Children

NewsChad Mizelle was recently the Acting General Counsel of the Department of Homeland Security.

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Tech Industry Litigation – A COVID-19 Year in Review

NewsAs the COVID-19 pandemic continues to wreak havoc on businesses across the country, several companies have thrived during the pandemic in areas such as the gig economy, work from home and e-commerce, entertainment, and social media.

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Robinhood and Reddit Protected from Lawsuits by User Agreement

InsightsRobinhood Markets Inc’s user agreement is likely to protect the brokerage app from a barrage of lawsuits filed by customers after it blocked a frenzied trading rally in companies such as GameStop Corp that was fueled on social media forums.

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Sale of Portfolio Companies Between Affiliated Funds: The (Legal) Road Less Traveled

InsightsFrom time to time, private equity sponsors will exit a portfolio company investment by selling the portfolio company to buyers led by another fund managed by the same sponsor.

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The Dotted Line: 6 Ways a Construction Contract Can Become Unenforceable

InsightsMost contractors are well aware that they must abide by the performance standards and scope-of-work requirements in their contracts or potentially face legal action.

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PepsiCo Promotes Internally Again in Legal Chief Shuffle

NewsFor the second time in four years, PepsiCo Inc. will have a new top lawyer, David Flavell, who is now the company’s deputy general counsel and chief compliance and ethics officer.

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Elizabeth School Board Must Pay Wrongly Fired Lawyer Damages

NewsAn appellate panel ruled Elizabeth’s School Board must pay roughly $260,000 in damages after findings its in-house counsel was improperly fired midway through a three-year contract.

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Boris Liberman Joins Lowenstein Sandler’s Investment Management Group as Partner

AnnouncementBoris Liberman has joined Lowenstein Sandler as partner in the firm’s Investment Management Group.

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Brenna Jenny, Former Principal Deputy General Counsel for the U.S. Department of Health and Human Services, Rejoins Sidley in Washington, D.C.

AnnouncementSidley Austin LLP is pleased to announce that Brenna Jenny has rejoined the firm following service in senior legal posts at the Department of Health & Human Services (HHS) and the Department of Justice (DOJ).

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Foley Announces Election of 19 New Partners

AnnouncementFoley & Lardner LLP has elected 19 lawyers to the firm’s partnership.

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Retired D.C. Circuit Judge Thomas B. Griffith Joins Hunton Andrews Kurth

AnnouncementFormer D.C. Circuit Judge Thomas B. Griffith has joined Hunton Andrews Kurth as a special counsel in its issues and appeals practice.

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Carrington Coleman Adds to Family Law, Health Care Practices

Announcement Family law attorney Whitney Keltch Green and health care attorney Wade Emmert have joined Carrington, Coleman, Sloman & Blumenthal, LLP as partners in the firm’s Dallas office.

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Accomplished Litigator Joins Cadwell Clonts & Reeder

Accomplished Litigator Joins Cadwell Clonts & Reeder

AnnouncementThe boutique litigation firm of Cadwell Clonts & Reeder is pleased to announce that Lisa M. Thomas has joined the firm as a partner.

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Petco, BarkBox Bound Into Public Markets With New Top Lawyers

NewsMatthew Miller, a former top lawyer at cannabis company Green Thumb Industries Inc., joined BarkBox Inc. as its general counsel this month, the company confirmed.

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Judge Sanctions Lawyer and Client $150K, Citing ‘Mountain Of Evasiveness’ and ‘Outright Lies’

NewsA Texas judge has ordered a Houston-area lawyer and his client to be jointly sanctioned $150,000 for the client’s ‘outright lies’ in litigation and ‘a mountain of evasiveness’ in discovery.

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Socal Edison Reaches $2.2B Settlement For Woolsey Fire

NewsSouthern California Edison will pay $2.2 billion to settle insurance claims for the Woolsey fire that tore through Malibu in 2018.

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Bradley Earns High Score on 2020 Corporate Equality Index

AnnouncementBradley Arant Boult Cummings scored a 90 out of 100 on the Human Rights Campaign Foundation’s 2020 Corporate Equality Index (CEI) – the national benchmarking tool on corporate policies, practices and benefits pertinent to lesbian, gay, bisexual, transgender and queer employees.

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Hogan Lovells Global Bribery & Corruption Outlook: Pandemic and political disruption create major compliance risks

AnnouncementPandemic-related pressure and political disruption are expected to create significant uncertainty in 2021—and as governments grapple with these challenges, enforcement authorities are likely to uncover bribery and corruption issues.

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Fifth Circuit Vacates $4.3M HIPAA Penalty, Potentially Opening the Door for Future HIPAA Enforcement Challenges

NewsWith a notably sharply worded opinion, the Fifth Circuit recently vacated over $4.3 million in penalties levied against the University of Texas M.D. Anderson Cancer Center (M.D. Anderson) by the Department of Health and Human Services (HHS) for a series of alleged HIPAA violations.

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