Greensfelder, Hemker & Gale, P.C., is pleased to announce that Chambers and Partners has highly ranked multiple Greensfelder attorneys and practice areas in the 2021 edition of the Chambers USA legal industry guide.

Greensfelder’s Franchising practice and Officers Beata Krakus, who is based in the firm’s Chicago office, and Leonard D. Vines, who is in the firm’s St. Louis office, earned national rankings for franchising law.

In addition, for the St. Louis metropolitan area, the firm was highly ranked for the practice areas of Litigation: General Commercial and Labor & Employment, and the following Greensfelder Officers in St. Louis were ranked as among the top attorneys in their respective practice areas:

• Amy L. Blaisdell (Labor & Employment)
• Vincent J. Garozzo (Corporate/M&A)
• Jill K. Luft (Labor & Employment)
• Kevin T. McLaughlin (Labor & Employment)

Chambers noted that Greensfelder’s Franchising group is known for its “significant expertise on both domestic and international franchise-related transactional matters including M&A” as well as litigation and alternative dispute resolution.

Chambers also highlighted Greensfelder’s highly respected labor and employment work in industries including health care and financial services, as well as the firm’s litigation experience across the country in areas such as product liability, franchising and distribution, ERISA, and energy.

Chambers reported feedback from clients who described the firm’s attorneys as “very impressive, easy to understand, good communicators, and fast and efficient.”

Published annually and widely read by industry-leading companies and organizations across the nation, the Chambers USA guide ranks the leading U.S. firms and attorneys based on in-depth research and interviews with clients and peers. London-based Chambers and Partners assesses attorneys on attributes most valued by clients, including technical legal ability, professional conduct, client service, commercial astuteness, diligence, and commitment. For more information, visit https://www.chambersandpartners.com.

Akerman LLP, a top 100 U.S. law firm, has expanded its Litigation Practice Group with Jason Heep in Dallas. Heep represents major insurance companies with significant exposure claims that pose extreme risk of loss to the company.

Heep has litigated and resolved commercial disputes, complex insurance coverage issues, and environmental remediation matters across the country for almost 20 years. He uses his environmental engineering background to assist with environmental regulatory compliance and preventive measures to avoid disputes and mitigate future risks. He has extensive experience with a wide variety of insurance claims, including environmental liabilities, asbestos, mass tort claims, property damage, and business interruption. Heep has experience litigating CERCLA contribution and enforcement actions. He also is at the forefront of novel insurance issues like COVID-19 claims and emerging contaminants, including PFAS. In addition, Heep focuses on mitigating potential loss exposures, such as the use of subrogation strategies, reinsurance recoveries, policy buybacks, asset sales, regulatory relief, and real estate workouts. He also handles other forms of risk-transfer devices, such as reinsurance treaties, contractual indemnities, and surety bonds.

Heep is the most recent lateral to join Akerman’s national Litigation Practice Group. The team also deepened its experience in bet-the-company litigation and commercial disputes with five litigators in New York led by Craig Weiner and Lisa Coyle. In Houston, Akerman welcomed veteran trial lawyer Joel Mohrman and Andy Cao, growing Akerman’s experience in intellectual property litigation, class actions, and complex commercial litigation, particularly in the healthcare and maritime sectors. The Houston office also added litigation partner William Sentell, with experience in franchise dispute resolution and related corporate, regulatory, and compliance matters. In addition, first chair trial lawyer Adam Massaro joined the national team in Denver, with experience in complex commercial litigation.

Greensfelder, Hemker & Gale, P.C., is pleased to announce that Lauren E. Surdyke has joined the firm as an associate in the Trusts & Estates practice group, based in Greensfelder’s St. Louis office.

Surdyke focuses her practice on estate planning, with an emphasis on high-net-worth families, charitable planning, complex family dynamics, and business succession. In addition, she counsels clients on trust administration, assists with preparation of estate and gift tax returns, and works with nonprofit organizations on applications for recognition of tax exemption, board management, and contract matters. Her work also has involved entity formation, contract negotiation, and other business matters.

Previously, Surdyke was an attorney at Paule, Camazine and Blumenthal, P.C. Her background also includes work at a large financial services firm involving high-net-worth estate plans.

Surdyke received her J.D. from Saint Louis University School of Law and her Bachelor of Science from Missouri Baptist University.

Bradley Arant Boult Cummings LLP is pleased to announce that Chambers and Partners has highly ranked 108 of the firm’s attorneys and 34 Bradley practice areas in the 2021 edition of the prestigious and independent Chambers USA legal industry referral guide. The firm also was ranked nationally in six practice areas and eight Bradley attorneys were ranked nationally in their various practice areas.

Chambers USA ranked Bradley as one of the top firms in the nation for the following six practice areas:

• Construction
• Financial Services Regulation: Consumer Finance (Compliance)
• Financial Services Regulation: Consumer Finance (Enforcement & Investigations)
• Government Contracts
• Healthcare
• Product Liability & Mass Torts

In addition, eight Bradley attorneys were ranked nationally:

• Aron C. Beezley (Government Contracts) in Washington, D.C.
• Lindsey C Boney IV (Product Liability & Mass Torts) in Birmingham
• William F. (Will) Goodman, III (Product Liability & Mass Torts) in Nashville
• Tripp Haston (Product Liability & Mass Torts) in Birmingham
• Amy S. Leopard (Privacy & Data Security: Healthcare) in Nashville
• Robert Maddox (Financial Services Regulation: Consumer Finance [Enforcement & Investigations]) in Birmingham
• Kimberly B. Martin (Product Liability & Mass Torts) in Huntsville
• Haydn J. Richards, Jr. (Financial Services Regulation: Consumer Finance [Compliance]) in Washington, D.C.

“We congratulate our attorneys who are recognized by Chambers USA as among the top legal practitioners and professionals across diverse practice areas and multiple cities and regions where we support our clients’ business,” said Bradley Chairman of the Board and Managing Partner Jonathan M. Skeeters. “We are also extremely proud of our attorneys and staff whose teamwork and collaboration contributed to the success of our practice areas that have been highly ranked this year.”

Chambers USA 2021 ranked more than 8,000 law firms and almost 22,000 lawyers across more than 2,000 practice areas/sectors on a state and national level. Chambers and Partners determines its rankings of leading U.S. firms and attorneys through in-depth research and interviews with law firms, clients and third parties, and this year reviewed more than 10,000 submissions. Chambers assesses attorneys on attributes most valued by clients, including technical legal ability, professional conduct, client service, commercial astuteness, diligence, and commitment. Most attorneys are ranked in bands of 1-6, with all band rankings considered to be a significant achievement. Some attorneys earn specialized Chambers designations including “Recognised Practitioner,” which indicates an attorney who handles notable matters and/or has received some recommendation, and “Star” individual, which is awarded to lawyers with exceptional recommendations in their fields. The Chambers USA guide is widely read by industry-leading companies and organizations nationwide. For more information, visit https://www.chambersandpartners.com.

Following are Bradley’s 2021 Chambers USA rankings, organized by state.

Alabama

Chambers USA ranked Bradley as one of the top firms in Alabama for the following 10 practice areas:

• Banking & Finance
• Bankruptcy/Restructuring
• Construction
• Corporate/Commercial
• Environment
• Healthcare
• Labor & Employment
• Litigation: Appellate
• Litigation: General Commercial
• Real Estate

Chambers USA ranked the following 38 attorneys in the firm’s Birmingham office as among the leading lawyers for business in Alabama:

• Jim Archibald (Construction)
• Jay R. Bender (Bankruptcy/Restructuring)
• Julia Gruenewald Bernstein (Banking & Finance)
• Lee Birchall (Banking & Finance: Public Finance)
• Stanley E. Blackmon (Litigation: Appellate)
• Kane Burnette (Banking & Finance: Public Finance)
• Beau Byrd (Real Estate)
• Jennifer Hoover Clark (Healthcare)
• William S. (Buddy) Cox, III (Environment)
• R. Alan Deer (Banking & Finance, Banking & Finance: Mainly Regulatory)
• N. Chris Glenos (Bankruptcy/Restructuring)
• T. Parker Griffin, Jr. (Bankruptcy/Restructuring)
• John W. Hargrove (Labor & Employment)
• Judd A. Harwood (Healthcare)
• Tripp Haston (Litigation: General Commercial)
• Christopher L. (Chris) Hawkins (Bankruptcy/Restructuring)
• David G. Hymer (Litigation: General Commercial)
• Rod Kanter (Banking & Finance: Public Finance)
• Joel M. Kuehnert (Environment)
• Harold B. Kushner (Corporate/Commercial)
• Matthew H. (Matt) Lembke (Litigation: Appellate)
• Jack B. Levy (Healthcare)
• Stuart M. Maxey (Corporate/Commercial)
• T. Matthew (Matt) Miller (Labor & Employment)
• Stephen R. (Steve) Monk (Real Estate)
• Cathleen C. Moore (Bankruptcy/Restructuring)
• Charles Moore (Banking & Finance)
• Daniel F. (Dan) Murphy (Healthcare)
• Michael R. (Mike) Pennington (Litigation: General Commercial)
• T. Atkins Roberts Jr. (Banking & Finance)
• J. Andrew Robison (Corporate/Commercial)
• E. Mabry Rogers (Construction)
• David Roth (Environment)
• Dawn Helms Sharff (Real Estate)
• Michael A. Thomason Jr. (Corporate/Commercial)
• James L. Webb (Banking & Finance, Real Estate)
• Anne R. Yuengert (Labor & Employment)
• Alan K. Zeigler (Banking & Finance: Public Finance)

Chambers USA ranked the following attorney in the firm’s Huntsville office as among the leading lawyers for business in Alabama:

• Scott Burnette Smith (Litigation: Appellate)

District of Columbia

Chambers USA ranked Bradley as one of the top firms in Washington, D.C., for the following practice area:

• Construction

Chambers USA ranked the following two attorneys in the firm’s Washington, D.C., office as among the leading lawyers for business in the District of Columbia:

• Douglas L. (Doug) Patin (Construction)
• Robert J. (Bob) Symon (Construction)

Florida

Chambers USA ranked the following three attorneys in the firm’s Tampa office as among the leading lawyers for business in Florida:

• Troy M. Carnrite (Corporate/M&A & Private Equity [North & Central Florida])
• Mark A. Hanley (Labor & Employment: Mediators)
• Edwin G. (Ed) Rice (Bankruptcy/Restructuring [North & Central Florida])

Mississippi

Chambers USA ranked Bradley as one of the top firms in Mississippi for the following three practice areas:

• Construction
• Corporate/Commercial
• Litigation: General Commercial

Chambers USA ranked the following 12 attorneys in the firm’s Jackson office as among the leading lawyers for business in Mississippi:

• Michael J. Bentley (Litigation: Appellate)
• Roy D. Campbell, III (Litigation: General Commercial)
• W. Rodney (Rod) Clement (Real Estate)
• Margaret Oertling Cupples (Litigation: Appellate)
• W. Wayne Drinkwater (Litigation: Appellate, Litigation: General Commercial)
• Ralph B. Germany, Jr. (Construction)
• J. William (Will) Manuel (Labor & Employment, Litigation: General Commercial)
• Alan W. Perry (Litigation: Appellate, Litigation: General Commercial)
• William R. (Bill) Purdy (Construction)
• Alex Purvis (Litigation: General Commercial)
• Stephen L. (Steve) Thomas (Litigation: General Commercial)
• Stephen M. (Steve) Wilson (Corporate/Commercial)

North Carolina

Chambers USA ranked Bradley as one of the top firms in North Carolina for the following three practice areas:

• Antitrust
• Construction
• Litigation: General Commercial

Chambers USA ranked the following nine attorneys in the firm’s Charlotte office as among the leading lawyers for business in North Carolina:

• Corby Cochran Anderson (Litigation: General Commercial)
• Ryan L. Beaver (Construction)
• Michael P. Fischer (Antitrust)
• J. Douglas Grimes (Intellectual Property)
• Brian A. Hayles (Antitrust)
• Mark J. Horoschak (Antitrust, Healthcare)
• Christopher C. (Chris) Lam (Litigation: General Commercial)
• Najla Long (Antitrust)
• Robert R. Marcus (Litigation: General Commercial)

Tennessee

Chambers USA ranked Bradley as one of the top firms in Tennessee for the following nine practice areas:

• Banking & Finance
• Corporate/M&A
• Environment
• Healthcare
• Intellectual Property
• Labor & Employment
• Litigation: General Commercial
• Media & Entertainment
• Real Estate

Chambers USA ranked the following 33 attorneys in the firm’s Nashville office as among the leading lawyers for business in Tennessee:

• Jeffrey L. Allen (Media & Entertainment)
• Emily Hatch Bowman (Banking & Finance, Real Estate)
• Stephen T. (Steve) Braun (Healthcare)
• Kevin B. Campbell (Healthcare, Healthcare: Regulatory)
• Timothy L. Capria (Intellectual Property)
• Ann Peldo Cargile (Real Estate)
• Bob Hannon (Banking & Finance)
• Jay Hardcastle (Healthcare, Healthcare: Regulatory)
• John R. Haynes (Real Estate)
• Ty E. Howard (Healthcare: Government Investigations & Fraud)
• Bart J. Kempf (Environment)
• Amy S. Leopard (Healthcare: Regulatory)
• Samuel D. (Sam) Lipshie (Media & Entertainment)
• Travis G. Lloyd (Healthcare: Regulatory)
• Matthew C. (Matt) Lonergan (Labor & Employment)
• Chuck Mataya (Labor & Employment)
• Russell B. (Russ) Morgan (Litigation: General Commercial)
• John E. Murdock, III (Banking & Finance)
• Jim Murphy (Real Estate: Zoning/Land Use)
• Andrew J. (Andy) Murray (Healthcare)
• John W. Myers, II (Banking & Finance)
• William L. (Bill) Norton, III (Bankruptcy/Restructuring)
• Craig Oliver (Labor & Employment)
• Todd Presnell (Litigation: General Commercial)
• John P. Rodgers (Labor & Employment)
• David A. Rutter (Real Estate)
• Brooks R. Smith (Real Estate)
• John W. Titus (Corporate/M&A)
• J. Thomas (Tom) Trent, Jr. (Real Estate)
• Thor Y. Urness (Intellectual Property, Litigation: General Commercial)
• Phillip E. (Phil) Walker (Intellectual Property)
• Richard F. Warren (Real Estate)
• Robert E. (Bob) Wood (Real Estate)

Texas

Chambers USA ranked Bradley as one of the top firms in Texas for the following practice area:

• Construction

Chambers USA ranked Bradley as one of the top firms in Dallas, Fort Worth & Surrounds for the following practice area:

• Litigation: General Commercial

Chambers USA ranked the following two attorneys in the firm’s Dallas office as among the leading lawyers for business in Texas:

• Gene R. Besen (Litigation: White-Collar Crime & Government Investigations)
• Richard A. (Dick) Sayles (Litigation: Trial Lawyers, Litigation: General Commercial [Dallas, Fort Worth & Surrounds])

Chambers USA ranked the following two attorneys in the firm’s Houston office as among the leading lawyers for business in Texas:

• Ian P. Faria (Construction)
• Jon Paul Hoelscher (Construction)

Buchalter is pleased to announce the arrival of new Shareholder Artin Betpera, who joins the firm’s Orange County office. Betpera is the newest member of the Litigation and Class Action practice groups.

The Telephone Consumer Protection Act (“TCPA”) is a specific focus of Betpera’s practice. He has successfully defended several high-stakes TCPA class actions in jurisdictions throughout the country. Drawing from this experience, Betpera has helped enterprises across multiple industry sectors effectively mitigate TCPA risk arising out of complex outbound calling and texting operations.

Betpera also has a deep understanding of consumer financial services litigation, having started his career at ground-zero of the 2007 financial crisis. His experience in the broad array of litigation resulting from the crisis led him to manage a significant volume of litigation for some of the country’s largest financial institutions.

Betpera is also committed to being a leader in diversity and inclusion. While at his prior firm, Betpera was instrumental in founding HBCU Succeed, an initiative designed to provide students of historically black colleges and universities with high quality professional development programming and meaningful networking opportunities.

Eversheds Sutherland is pleased to announce the launch of a proprietary tool to help clients better assess the risk of an adverse ruling on spoliation of evidence in any US court. Developed in partnership with Fastcase, Spoliation Scientist is a first-of-its-kind legal data analytics tool that harnesses the power of artificial intelligence, text analytics, and interactive data visualizations to quickly and efficiently assess spoliation risk in any of the nation’s state and federal courts.

At the click of a button, the tool allows clients operating in multiple jurisdictions to quickly identify areas of risk, direct focus and better budget and forecast for specific discovery-related expenses. Spoliation Scientist uses a combination of Fastcase’s legal research data, professional review of automated data tagging by the Fastcase AI Sandbox technology, and content expertise to establish a visual database of cases where a judge ruled on a claim of spoliation and the sanctions imposed where spoliation was found.

The process and technology Fastcase and Eversheds Sutherland built together can be applied to other unique data sets within the litigation process, allowing Eversheds Sutherland to better advise their clients on risk and potential outcomes. For more information on the Spoliation Scientist, visit https://us.eversheds-sutherland.com/Client-Tools/Spoliation-Scientist. To learn more about Fastcase’s AI Sandbox and opportunities to collaborate for your firm, contact Fastcase’s AI Sandbox product manager Sean Tate at state@fastcase.com.

Debra Vernon joins Rimon from Zhong Lun Law Firm, where she was Partner. Prior to that, she was Partner with VLP Law Group LLP and of Counsel with DLA Piper.

Vernon advises companies and investors on legal issues faced through all stages of their corporate life cycles, with a particular focus on emerging companies. With over two decades of experience advising technology companies in Silicon Valley, Vernon specializes in startup formation, venture capital financings, mergers and acquisitions, public offerings, offshore corporate structuring and corporate governance for clients based in the United States, Asia, South America and Europe. Vernon provides business-focused, practical advice to help clients navigate the opportunities and challenges facing high-growth companies.

Vernon has been widely recognized for her achievements in the legal field. Most recently, she was announced a recipient of the Lawyer Monthly Women in Law Awards 2021 for Investments and Private Equity. She is a prior recipient of the Silicon Valley Business Journal’s Women of Influence of Silicon Valley Award and has been named in The Business Journal’s (Bizwomen) “Women to Watch: Silicon Valley’s Leading Business Women” list.

Vernon graduated from Stanford Law School (J.D.), and Yale University (B.A., Music, Comparative Literature).

San Francisco – Sidley Austin LLP is pleased to announce that Carlton Fleming has joined the firm as a partner in the Corporate and Capital Markets practices in San Francisco, with a focus on representing leading life sciences and technology companies. Fleming will be a member of Sidley’s award-winning Global Life Sciences practice. He was previously a partner at Cooley LLP.

Fleming represents high-growth private and public life sciences and technology companies in private financings, public offerings, SEC reporting and compliance, and corporate governance. He has been involved in over 60 IPOs and other public offerings during his career. He also regularly advises corporate clients and their boards of directors and special committees on a wide variety of securities law and corporate governance matters.

“A deluge of corporate work without enough associates to staff it has sent cash flush Big Law hunting for hires in smaller markets, a dynamic that could threaten regional law firms in the long run,” reports Meghan Tribe in Bloomberg Law’s Business & Practice.

“The nation’s largest law firms have thrived in spite of Covid-19, especially corporate practices, like M&A, where demand surged 7.8% in the first quarter of 2021 over the same period last year, according to a recently released report by Thomson Reuters. All that work has made this year’s hiring market for corporate associates the hottest in recent memory.”

Read the article.

“As vaccine proliferation continues, employers are preparing to welcome their workforces back to offices and job sites across the country,” write Katharine O. Beattie Sara J. Higgins in Foley & Lardner’s Insights.

“While many Americans are eager to return to pre-pandemic life, employers can expect resistance from employees recalled to the office, particularly from those whose medical conditions put them at greater risk for complications from COVID-19. Reviewing best practices under the Americans with Disabilities Act (ADA) and guidance from the Equal Employment Opportunity Commission, this post provides employers with tips for engaging in an effective interactive process with employees seeking disability accommodations for risks associated with COVID-19.”

Read the blog.

“Marsh McLennan (NYSE: MMC), the world’s leading professional services firm in the areas of risk, strategy and people, has appointed Katherine J. Brennan as General Counsel of Marsh LLC and Connor Kuratek as Deputy General Counsel and Corporate Secretary of Marsh McLennan. Both appointments are effective June 1,” posts MarshMcLennan in their News & Events.

“Ms. Brennan will report to John Doyle, President and CEO, Marsh, and Peter J. Beshar, Executive Vice President and General Counsel, Marsh McLennan. In her new role, she will lead all legal and compliance strategy for the Marsh business globally. Kate will continue to chair Marsh McLennan’s ESG management committee and the Company’s enterprise-wide Crisis Management Team. Kate succeeds Susan A. Stone who has served as Marsh General Counsel since 2017 and has just been appointed as Executive Vice President and General Counsel of CNA.”

Read the post.

“Cooley has launched in Chicago, uniting an array of preeminent Chicago-based lawyers from three major law firms. For the first time, an elite Silicon Valley law firm is opening an office to serve the thriving Midwest ecosystem, home to high-growth, disruptive companies, a burgeoning venture capital community, and some of the largest and most sophisticated companies, including many of the most recognizable tech and life sciences brands in the nation. The addition of this group of top legal talent to Cooley’s unique platform, which is widely recognized as a leader in venture capital financings, M&A, IPOs and fund formations in the new economy, brings an unmatched combination of prowess and scale to the market,” posted Cooley in their News.

“The 10-partner launch team – including nine lateral partner arrivals from DLA Piper, Latham & Watkins and Winston & Strawn – creates Cooley’s 17th office worldwide and allows Cooley to attract additional prestigious legal talent in building a full-service Chicago office, including a bench of elite litigators expected to join in the next few months. This high-profile group embodies Cooley’s entrepreneurial brand and ethos, which is focused on providing deep counsel to companies and investors from startup to IPO and beyond. By partnering with market leaders and visionaries, Cooley will continue to foster innovation and exceptional growth of new-economy companies in Chicago and the Midwest.”

Read the post.

National Plaintiffs’ Firm DiCello Levitt Adds Leading Cybersecurity and Technology Law Partner to Growing New York Office

David Straite brings depth and additional firepower to a premier technology litigation practice that has played pivotal roles in several of the world’s largest data privacy class actions, including Equifax and Marriott/Starwood

NEW YORK, May 18, 2021 – National plaintiffs’ law firm, DiCello Levitt Gutzler, today announced that David Straite has joined the firm as a partner in its New York office. A veteran litigator with deep experience in cybersecurity, data privacy, securities, corporate governance, and hedge fund matters, Straite arrives from Kaplan Fox & Kilsheimer LLP, where he emerged as the nation’s leading voice for the recognition of property interests in personal data, a 10-year effort culminating in the Ninth Circuit’s landmark April 2020 decision in In re: Facebook Internet Tracking Litigation and the Northern District of California’s March 2021 decision in Calhoun v. Google, both of which he argued.

Straite’s arrival marks yet another significant step forward for a firm that, in recent years, has cemented itself among the nation’s premier technology litigation practices, including being one of only five firms to be named “Cybersecurity and Data Privacy Practice Group of the Year” by Law360. Headed by firm partner Amy Keller, DiCello Levitt Gutzler’s Cybersecurity and Technology Law group has led several of the world’s largest data privacy class action lawsuits, including the multidistrict litigations against Equifax, Marriott, Blackbaud, and others.

Straite is also an Adjunct Professor at Yeshiva University’s Sy Syms School of Business Executive MBA program teaching Business Law and Ethics every fall semester since 2015 and is a frequent speaker on CLE panels addressing data privacy, Constitutional Standing, and investor rights. As a hands-on litigator with a history of innovation, Straite has spent the last decade fighting some of the largest and most complex data privacy cases, including protecting consumer privacy in class actions against Apple, Facebook, Google, and Yahoo. His early work in this field led M.I.T. Technology Review magazine to call him “something of a pioneer” in digital privacy litigation. Prior to joining the plaintiffs’ bar, Straite was an associate with Skadden Arps Slate Meagher & Flom LLP for almost seven years, giving him useful perspectives when litigating against the top defense firms in the country.

Akerman LLP, a top 100 U.S. law firm, today announced that legal marketing veteran Iris Jones has joined the firm as its Chief Marketing & Client Development Officer. Jones will be based in Akerman’s Austin office.

Jones has a longtime career in legal marketing and in the practice of law in both the public and private sectors. She has led law firm strategic growth, business development, and marketing efforts among Am Law 100 firms in Washington, D.C. and New York. She has been responsible for innovative and proactive global business development and marketing efforts, and created world class business development and marketing department models for a number of Am Law firms. Before joining Akerman, Jones served as a Chief Business Development and Marketing Officer for McNees Wallace & Nurick LLC. She is a member of the State Bar of Texas and previously practiced law in Texas. Jones gained extensive litigation and appellate experience having served as an assistant attorney general of Texas and director of the City of Austin’s Law Department. In 2020, she was inducted as a fellow into the College of Law Practice Management.

Jones will oversee Akerman’s marketing and client development team to advance the overall strategic plan of the firm by continuing to grow its client base while deepening existing client relationships. She will work closely with firm leadership to continue building the firm’s brand equity and positioning the firm as an influential thought leader and the law firm of choice for diverse clients across the firm’s practice areas. Skilled in designing solutions based on analytical needs assessment, Jones directs complex projects from concept to fully operational status. She has extensive experience in coaching, training, and providing business development support to all levels of stakeholders.

Compulsory licensing and IP waivers represent controversial topics in intellectual property. These mechanisms essentially suspend patent rights and permit countries to use a company’s intellectual property without the patentholders permission.

Talk about compulsory licenses and IP waivers has increased over the course of the COVID pandemic. Last week the Biden Administration even announced an IP waiver to help increase access to the Covid-19 vaccines. While it remains unclear how countries will proceed with respect to compulsory licensing or the IP waivers, it is time to start thinking about alternative mechanisms to increasing accessibility to the vaccines.

This article will first briefly explain the practical and technical hurdles to compulsory licensing and IP waivers and then provide three possible alternative mechanisms to increasing vaccine availability and accessibility.

Hurdles to Compulsory Licensing and IP Waivers

Before we can even consider waiving IP rights and allowing others to manufacture a product – in this case a vaccine – we have to consider the likelihood of success in such a scenario. While there have been success stories with compulsory licensing, namely Brazil issuing compulsory licenses for the HIV drug, efavirenz, those stories involve small molecule products that can be chemically synthesized. The Covid-19 vaccines that are manufactured by Pfizer and Moderna are very different from efavirenz and present a whole host of new issues. As a result, the efficacy of these proposals depends on a country’s internal technical capabilities to recreate the vaccine. Below are some issues presented by the Covid-19 vaccines that render compulsory licensing and IP waivers practically futile.

Covid-19 vaccines are new forms of vaccines

Pfizer and Moderna’s vaccines are not typical vaccines. Whereas traditional vaccines function by introducing parts of a virus — or a weakened form of a virus — Pfizer and Moderna’s vaccines use messenger RNA to cause host cells to produce the protein themselves. These are the first vaccines to utilize this type of technology and, given their novelty, information about how to make these vaccines is limited. While the technology underlying mRNA vaccines has been in development for decades, there are likely specific technological hurdles associated with, for instance, the coronavirus, mass production and scale up, and delivery mechanisms, that needed to be developed for this specific application. This additional information is not found in scientific journals or magazine articles, and it cannot be found in any patent application, yet.

The lack of available information is even more compounded by the fact that much of the vaccine manufacturing process relies heavily on trade secrets. These trade secrets hold critical scientific know-how that could be necessary for accurately replicating these vaccines. Without information and know-how of how to make these mRNA vaccines, countries will encounter difficulties in recreating them.

Covid-19 vaccines are complex to manufacture

The complexity of these vaccines further exacerbates the difficulties in recreating them. The NY Times recently published Pfizer’s 19-step process for manufacturing its vaccine . This 19-step process starts with pulling DNA from cold storage and ends with administering the vaccine. In between are all the steps required to grow cells, harvest DNA, transcribe the DNA into mRNA, and assemble the mRNA vaccine. At each point there are strict quality control measures designed to ensure that the end product will be what it is intended to be. Deviation at any point in this 19-step process can jeopardize the safety of the vaccine and put lives at risk.

In addition to the multi-step process of manufacturing these vaccines, obtaining the raw materials and having the proper manufacturing facilities to store them presents problems. There is currently a global shortage of raw materials to the point where even Pfizer is having difficulty obtaining the necessary materials for vaccine production. Moreover, the vaccines require storage at low temperatures and improper storage can result in lost vaccines. The spoiled vaccines in Emergent BioSolutions’ plant in Baltimore illustrate the difficulties of properly establishing manufacturing facilities. So even if countries possessed the necessary information about the vaccines, the complexity of manufacturing these vaccines on a large scale could be a particularly high barrier to overcome.

Alternatives to Increasing Access

Given the novelty and complexity of the Covid-19 vaccines, issues of safety, efficacy, and timing necessarily arise. Safety and efficacy because the lack of information surrounding these vaccines compounded by the complex manufacturing process increase the likelihood that any copycat vaccines will not be as safe or effective, and timing because figuring out, understanding, and scaling up the manufacturing process to the point where it can produce the desired amount of vaccine product will take time.

Instead of issuing compulsory licenses or IP waivers then, we should explore alternatives that will not only provide access to the vaccines, but do so in a safe, effective, and quick manner.

Collective Bargaining

Collective bargaining is one such alterative and this is not a new concept. Given the high cost of drugs, developing countries have often partnered with other developing countries or non-profit organizations to collectively bargain for lower drug prices. Dr. Anthony Fauci even helped negotiate a collective agreement in 2008 to help administer treatment for AIDS . Groups like the WHO, Gavi, and the Coalition for Epidemic Preparedness (CEPI) are ones that can lead this approach. This is certainly a different approach than obtaining a right to use the underlying intellectual property for a treatment, and it requires countries or non-profits to have some financial strength to achieve an agreement as these entities will still have to pay for the treatment. Since there is strength with numbers, the cost per dose may be less if more groups are able to band together to facilitate a deal.

Provide Incentives

Another solution to this problem could be gleaned from the old adage of the “carrot and the stick.” While the compulsory licensing and IP waivers approach is akin to the “stick”, what is missing is the carrot approach. Under-developed countries could offer vaccine manufacturers other enticements that provide value other than monetary payment to secure deals for the vaccines. Such enticements could include public-private sector cooperation, the offer of real property such as facilities and equipment, name recognition, establishment of in-country programs for the development of trained labor, lowered tax rates for operation within their country, eliminated import-export tariffs/fees, and exclusive country-wide distribution as well as data collection on the offered vaccine or other products.

Corporate and Government Donations

Finally, it is important to recognize that Covid-19’s unique global impact is not lost on those involved, including vaccine manufactures and governments. Moderna has already recognized this and they have provided resources for not only using their intellectual property, but also have demonstrated a willingness to help countries that lack the ability to meet the needs of the country’s citizens . Moderna’s recognition of the problem that is facing the world provides a glimmer of hope for struggling countries. While it is unclear if their willingness to provide transparent access to provisional patents will ultimately lead to reduced prices, it does provide some hope that the developing world will not face an uphill battle when—and if—these countries seek to negotiate the cost of these vaccines.

Similarly, western governments have indicated that they would supply their access vaccine reserves to countries in need. The Biden Administration has, in fact, promised to make “excess” vaccines available, amounting to approximately 60 million doses. Together with industry, western governments can help ensure that struggling countries receive the necessary doses needed to combat this pandemic.

Conclusion

Countries face roadblocks for producing a viable vaccine candidate based on Pfizer and Moderna’s vaccines due to the hurdles in manufacturing the vaccines. Compulsory licensing and IP waivers do little to mitigate those issues. Alternatives that will allow the vaccine manufactures to continue producing their vaccines should be the primary focus.

Joanna T. Brougher, Esq., MPH is the Founder & Principal at BioPharma Law Group, PLLC. She can be reached at jbrougher@biopharmalaw.com or at (617) 699-2931. http://www.biopharmalaw.com/

1. How the How the Pfizer-BioNTech Vaccine Works, NY Times, May 7, 2021 https://www.nytimes.com/interactive/2020/health/pfizer-biontech-covid-19-vaccine.html
2. The President’s Emergency Plan For AIDS Relief: How George W. Bush And Aides Came To ‘Think Big’ On Battling HIV, Health Affairs, Vol. 31, No. 7
3. Moderna Press Release, Statement by Moderna on Intellectual Property Matters during the COVID-19 Pandemic, October 8, 2020 https://investors.modernatx.com/news-releases/news-release-details/statement-moderna-intellectual-property-matters-during-covid-19

Littler, the world’s largest employment and labor law practice representing management, has opened its 100th location. Reliance|Littler, part of Littler’s global platform, has expanded its presence in Belgium with a new office in Ghent. The office, which is its third in Belgium, will be led by partners Edward Carlier and Koen de Bisschop.

Since establishing its first international location in Caracas, Venezuela, in late 2010, Littler has grown rapidly across the globe. The firm opened two offices in Mexico in 2012 and, soon after, expanded into several other regions in Latin America – with the most recent being Brazil through a correspondent office relationship. In 2015, Littler bolstered its North American presence by opening an office in Toronto, Canada, while also establishing its first foothold in Europe with a move into Germany. Just six years later, Littler now has locations in 11 European countries, including a new office in Ireland that opened in January 2021. The firm has also continued to grow its presence in the Asia Pacific region, building on the opening of a Singapore office in late 2019 that serves as its APAC Regional Hub, and in North America, where it continues to add new talent across offices. Littler now has more than 1,600 attorneys practicing across 25 countries.

Littler’s international operations span four continents – North America, South America, Asia and Europe – and include Austria, Belgium, Brazil (via a correspondent counsel relationship), Canada, Colombia, Costa Rica, the Dominican Republic, El Salvador, France, Germany, Guatemala, Honduras, Ireland, Italy, Mexico, the Netherlands, Nicaragua, Norway, Panama, Poland, Singapore, Spain, the United Kingdom, the United States (including Puerto Rico) and Venezuela. The firm’s global capabilities also include lawyers with exceptional international experience, including practitioners dually licensed in the U.S. and Australia, Brazil, Japan, New Zealand, Russia and South Africa.

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FORT WORTH, Texas – Trucking, serious injury, and wrongful death attorney Steve Laird, founder of The Law Offices of Steven C. Laird, PC in Fort Worth, has been inducted into the exclusive International Society of Barristers.

The invitation-only organization is devoted to retaining access to trial by jury, as well as improving trial advocacy training, encouraging civility, and supporting and protecting the legal rights of all citizens. Selection follows a stringent vetting process by fellow trial lawyers and judges based on a candidate’s abilities, experience, professional accomplishments, and ethical standards.

One of the nation’s foremost trucking, serious injury, and wrongful death lawyers, Laird is known for his commitment to trial advocacy and advancing the legal profession’s highest standards.

In addition to his trial work, Laird is a frequent speaker on trucking and personal injury and wrongful death topics, including evidence, procedure, and ethics, and is one of a select group of attorneys in the nation to earn Board Certification in Truck Accident Law from the National Board of Trial Advocacy. He is also Board Certified in Personal Injury Trial Law and Civil Trial Law by the Texas Board of Legal Specialization and as a Civil Trial Specialist by the National Board of Trial Advocacy.

Laird has held the position of president of the Texas Chapter of the American Board of Trial Advocates (ABOTA), Fort Worth Trial Lawyers Association, and the Fort Worth Chapter of ABOTA.  He has received the annual Professionalism Award from the College of the State Bar of Texas, as well as also being given the Tarrant County Bar Association Professional Award.  Laird has also been recognized as Trial Lawyer of the Year by the Tarrant County Trial Lawyers Association. He recently received the 2021 Blackstone Award from the Tarrant County Bar Association, that organization’s most prestigious annual individual honor.

“Filevine, the top legal tech platform, announced today that they have acquired Outlaw. Outlaw became the G2.com #1 Momentum Leader in contract management by reimagining document creation, editing, and realtime end-to-end collaboration. The companies believe that the future of legal work will be one where contracts, databases, and documents are merged together,” reports Filevine in Cision PR Newswire.

“Both Outlaw and Filevine have been dedicated to providing a connected and seamless experience for legal teams and their clients. The areas considered ‘legal work’ are quickly expanding and it is critical that legal tech expand to keep up. Today, Filevine is growing the capabilities of their platform to include contract management. This is a combination of the top legal tech platform with the most innovative contract and document editing software to create the core operating system for highly collaborative, connected legal work.”

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“New York recently became the latest state to enact strict laws regarding the provision of automatic renewal and continuous service clauses in paid subscription or purchasing agreements with consumers (N.Y. Gen. Bus. Law §§ 527 and 527-a). The new law went into effect on February 9, 2021,” post Craig M. Spierer and Edward J. Karan III in Harris Beach’s Legal Alert.

“New York joins other states such as California, District of Columbia, Florida, Georgia, Hawaii, Illinois, Louisiana, New Mexico, North Carolina, Oregon, Vermont, and Virginia who have enacted similar laws broadly regulating the use of auto-renewal clauses by sellers of goods and services in contracts with their consumers.”

Read the article.