“Legal Innovators, an alternative legal services provider focused on innovative talent management solutions, and Orrick, a global law firm known for talent innovation, are collaborating on a pilot program through which two Legal Innovators lawyers will join Orrick’s incoming class of law school graduates as ‘Orrick Legal Innovators’ Fellows.’ In addition, a larger group of diverse lawyers joining Orrick this year will participate in a Legal Innovators-led training program,” posts Legal Innovators in their News.

“Through this collaboration, Orrick’s Legal Innovators Fellows will be fully integrated into Orrick client teams while continuing to receive the support of Legal Innovators’ unique training and mentorship program. After their second year with the firm, the Fellows may be offered full-time associate positions.”

“Under the pilot, five new Orrick associates also participated in the Legal Innovators training program, which helps lawyers develop analytical, writing and business development skills. The Legal Innovators’ training program was designed by David Cruickshank, Principal at Edge International and the former head of Professional Development for Paul Weiss, and Legal Innovators co-founder and Chairman, Jonathan Greenblatt.”

Read the release.

Hawkins Parnell & Young is pleased to announce the addition of litigator Brian Connolly to its St. Louis office.

For over a decade, Connolly has handled litigation on behalf of multinational conglomerates, small businesses, and local property owners across Missouri and Illinois. Connolly has represented a range of clients from the manufacturing, construction, transportation, chemicals, and energy sectors. He has substantial experience defending against lawsuits arising from product liability, toxic exposures, and commercial disputes.

Prior to joining Hawkins Parnell, Connolly was counsel at the law firm Heyl Royster. He served as national coordinating counsel for an international commercial appliance distributor in product liability litigation and handled a number of commercial and residential fire claims.

Connolly is licensed in Illinois and Missouri. He obtained his J.D. from Saint Louis University School of Law and his B.A., magna cum laude, from the University of Dayton.

“Gibson, Dunn & Crutcher LLP is pleased to announce that S. Ashlie Beringer has rejoined the firm’s Palo Alto office as a partner and will serve as co-chair of the Privacy, Cybersecurity and Data Innovation Practice Group,” posts Gibson Dunn in their Press Releases.

“Beringer, formerly Deputy General Counsel at Facebook Inc., will focus on advising technology companies on global regulatory enforcement matters and investigations and business strategies, particularly pertaining to disruptive technologies, data management, privacy and security.”

“Beringer has more than two decades of experience working with technology and media companies. At Gibson Dunn, she will continue to focus on advising technology companies on global regulatory and litigation matters and business strategies, particularly on issues related to disruptive technologies, data management, privacy and security.”

Read the announcement.

‘The alternative legal service provider (ALSP) market has ‘reached a point of maturity’, with US law firms and corporate legal departments using them for a wider remit of work, according to a Thomson Reuters survey,” reports Ben Edwards in The Global Legal Post’s Big Stories.

“The Alternative Legal Service Providers 2021 Survey … found that 79% of law firms and 71% of in-house teams now engage ALSPs for legal work compared to 51% and 61% respectively in 2016.”

“The report stated: ‘In general, this round of research shows an increasing sense of collaboration, rather than competition between law firms and independent
The survey highlighted the top three areas where law firms use ALSPs is for electronic discovery services (45%), legal research services (44%) and litigation and investigation support (39%). By contrast, the top three areas where in-house teams engage ALSPs is for regulatory risk and compliance services (35%), legal research services (29%) and specialised legal services provided by licensed lawyers (26%).'”

Read the article.

Paul Hastings, a firm whose 2019 gross revenue was over $1.2B announced its year-end bonuses, and special bonuses, back in December 2020, reports Staci Zaretsky in Above the Law’s Biglaw.

“At the time, those special bonuses were only available for ‘qualifying associates’, i.e., those who had billed enough. Associates were understandably very upset.”

The firm announced an update about its regular bonuses and special bonuses last week.

“Everyone who qualified for a regular bonus will now receive a special bonus, too. On top of that, supplemental bonuses are now on the table. Paul Hastings sure knows how to make its associates feel loved.”

Read the article.

Todd Rothbard, a Santa Clara attorney, got a letter from the IRS a few weeks ago saying he miscalculated his 2019 taxes and was due more than $284,000, reports Louis Hansen in The Mercury News’ California News.

Rothbard called to his accountant and they agreed his return was correct and he was not owed any money. Rothbard tried calling the IRS for days but could not get through.

“This week, a second envelope arrived with a check for a little more than $285,000 — presumably, it included interest on the money he doesn’t think he deserves.”

“‘I’m pretty scrupulous,’ said Rothbard, who runs a busy property rights law firm with about two dozen employees. ‘There’s no way I’d miss $285,000.'”

Read the story.

Enterprises who’ve adopted Slack know the content adds up quickly across channels, direct messages, and group communications. Information governance is critical for mitigating risk. However, making informed decisions about preservation and scoping discovery is also essential for controlling downstream costs while meeting your duty to preserve.

In this session, Brad Harris, Hanzo’s VP of Product, will share insights about how to effectively manage the sheer volume of Slack data for discovery. Additionally, attendees can see a high-level demo of how Hanzo Hold can help streamline Slack data discovery.

Speaker
Brad Harris, VP of Product, Hanzo

Brad Harris is the VP of Product at Hanzo, a pioneer in the contextual capture, and preservation of dynamic web and collaboration content for corporate legal and compliance departments. He leads product vision and innovation for the company. Brad has more than 30 years’ experience in the high technology and enterprise software sectors, including assisting Fortune 1000 companies to enhance their e-discovery preparedness through technology and process improvement. Brad is a frequent author and speaker on data preservation and e-discovery issues and is a member of The Sedona Conference WG1 and WG6.

Register today!

Blank Rome Government Relations LLC (“BRGR”) is pleased to announce that David S. Jansen has joined the firm as a senior advisor in the Washington, D.C., office. Jansen brings nearly 30 years of executive and legislative branch experience in the areas of transportation; national security; and ocean, coastal, and wildlife science, conservation, and management to BRGR, most recently serving as the Democratic staff director for the Coast Guard & Maritime Transportation Subcommittee, House Committee on Transportation & Infrastructure, in the U.S. House of Representatives.

During his tenure at the U.S. House of Representatives, Jansen oversaw all aspects of subcommittee policy and legislative business. He conducted oversight of annual budgets totaling over $13 billion annually for three federal maritime agencies, and advanced authorization of the first recapitalization of the Coast Guard’s polar icebreaker fleet in 40 years. Jansen notably worked across the aisle to raise awareness and increase appropriations for several important maritime programs, including the Maritime Security Program, the Small Shipyard Grant Program, the Port Infrastructure Development Program, and authorization to construct a new fleet of National Security Multi-Mission Training vessels for state maritime academies.

He also successfully built bipartisan support for passage of the first legislation to amend the Shipping Reform Act in 20 years to strengthen the Federal Maritime Commission’s anti-trust enforcement authority to ensure fair shipping practices in the $980 billion international ocean transportation industry. Prior to serving in the U.S. House of Representatives, Jansen was a congressional affairs specialist for the National Oceanic & Atmospheric Association.

Jansen earned his Master of Marine Affairs degree, with a focus on Ocean and Coastal Policy and Management, from the University of Washington. He earned his Bachelor of Science degree, with a focus on Wetland Science & Wildlife Management, from the University of Rhode Island.

Blank Rome LLP is pleased to announce that Anthony (“Tony”) R. Callobre has joined the firm as a partner in its Finance, Restructuring, and Bankruptcy practice group and Financial Services industry group in the Los Angeles office. Callobre represents lenders and borrowers in commercial loan transactions, with a particular focus on asset-based lending and fund finance. He joins Blank Rome from Buchalter where he was a shareholder.

Callobre represents commercial banks, commercial finance companies, hedge funds, private equity groups, business development companies, and other investors, lenders, and corporate borrowers in debt financing, commercial lending, and corporate finance matters. His counsel extends across loan types, from single lender to syndicated loans, and multiple structures, from unsecured to secured loans. His national and cross-border practice includes a wide variety of clients across industries, including apparel and textiles, consumer products, engineering, construction and infrastructure, sports and entertainment, retail, technology, and transportation.

Callobre earned his J.D. and LL.M. in Banking Law Studies at Boston University School of Law and his A.B. from Brown University.

WASHINGTON D.C. – Lowenstein Sandler has announced that Michael P. Vito has rejoined the firm as partner in the Trusts & Estates group. He will be based in the firm’s Washington D.C. office.

Vito has wide-ranging experience in tax law and high net worth estate planning, estate and trust administration, and philanthropy spanning more than two decades in multiple jurisdictions. He represents individuals with respect to core estate planning, such as wills, living trusts, durable powers of attorney, and health care directives. Vito also employs more sophisticated techniques, including irrevocable life insurance trusts, grantor retained annuity trusts, and spousal lifetime access trusts, with a focus on federal estate, gift, and generation-skipping transfer taxes and fiduciary income tax planning.

In addition, he counsels executors, trustees, and beneficiaries with respect to trust and estate administration. Vito advises fiduciaries on the fulfillment of their duties related to managing an estate or trust, including issues such as estate and inheritance tax returns, fiduciary accountings, concentrated position management, prudent investor act delegation, GST grandfathered trust transactions, fiduciary transitions, decanting, distribution, and wind-up strategies. Leveraging this background, he also represents beneficiaries and other stakeholders to ensure the orderly administration and preservation of their respective interests.

Vito earned his J.D., magna cum laude, from Tulane University School of Law and his B.A., cum laude, from Tulane University. He is admitted to practice in New York, New Jersey, Virginia, and the District of Columbia.

Blank Rome LLP is pleased to announce that Jennifer Short has joined the firm’s Washington, D.C., office as a partner in the White Collar Defense & Investigations group. Short represents government contractors, healthcare providers, and others in highly regulated industries that are susceptible to government investigations and enforcement actions. Short joins Blank Rome from the litigation boutique KaiserDillon PLLC. Prior to that role, Short was an Assistant U.S. Attorney for the District of Columbia where she spent eight years on the Affirmative Civil Enforcement team, prosecuting civil False Claims Act cases.

Short helps companies and individuals identify, mitigate, and avoid legal risks in-line with key business needs and objectives. From her years with the Department of Justice, Short has a deep understanding of the often complex and sometimes nuanced circumstance that can lead to disputes under the civil False Claims Act, one of the federal government’s most powerful enforcement tools. Short has the rare distinction of having tried False Claims Act cases on behalf of the United States and for the defense. Before her public service, Short was a partner in Holland & Knight’s litigation, white collar criminal defense, and compliance practices, where she worked with clients to navigate both the direct and collateral consequences of government investigations and commercial disputes.

At Blank Rome, Short will collaborate with the firm’s government contracts practice and its experienced white collar litigators. In addition, she will focus on bringing her experience in healthcare fraud matters to private equity firms investing in healthcare companies, guiding them through the added layers of due diligence and operations integration required in such a highly regulated industry.

Short earned her J.D. from the University of Virginia School of Law and her A.B. from Duke University.

Miller & Chevalier Chartered today announced that veteran litigation, compliance, and government investigations attorney Jeffrey Lehtman has joined the firm as a Member in the Litigation Department. Lehtman comes to the firm from Wilson Sonsini Goodrich & Rosati.

Lehtman counsels multinational companies, financial institutions, international development banks, and senior officers and directors on a range of complex compliance and investigation matters, including those relating to the Foreign Corrupt Practices Act (FCPA), anti-money laundering, and economic sanctions regulations as well as investigations relating to potential accounting, disclosure, market manipulation, and other securities-related matters before the U.S. Securities and Exchange Commission, the U.S. Department of Justice, the Financial Industry Regulatory Authority, and various other domestic and international authorities. Fluent in Spanish, Lehtman frequently represents global companies, financial institutions, and financial services companies based in or operating in Latin America.

Lehtman earned his J.D cum laude from the University of Michigan Law School, and his B.A. summa cum laude from Vanderbilt University.

Greensfelder, Hemker & Gale, P.C., is pleased to announce that Robert J. Zafft, of counsel in the firm’s St. Louis office, has been named a Fellow of World Commerce & Contracting (WorldCC), a global business association.

Fellows of WorldCC comprise professional, academic and business leaders who have made significant contributions to the development of contract and commercial management. Formerly known as the International Association of Contract and Commercial Managers, WorldCC is a not-for-profit global organization that seeks to promote standards and raise capabilities in commercial practice and to equip members with knowledge and networks that support successful contracts and commercial relationships.

Zafft has participated in numerous WorldCC events and has written for the organization’s Contracting Excellence Journal. WorldCC will distribute a mini-course on business ethics by Zafft, who also will have roles in future WorldCC programs and corporate training.

A member of Greensfelder’s Business Services group, Zafft advises businesses on cross-border trade and investment, domestic commercial matters, governance, and IT. He teaches business ethics at Olin Business School, Washington University in St. Louis. He is the author of the recently published book “The Right Way to Win: Making Business Ethics Work in the Real World.”

“WellSpan Health has named Amy Nelson as senior vice president and general counsel for the health system, effective April 2, 2021,” posts WellSpan Health in their News.

“Nelson is currently the vice president and deputy general counsel for WellSpan Health and has been with the organization since 2004.”

“In her new role, Nelson will be responsible for complex legal, regulatory and compliance counsel while supporting the health system in meeting strategic, operational and fiduciary responsibilities. She will play an integral role in the evaluation of quality and safety matters as well as mitigation of risks. She also supports the governance function of the WellSpan Board of Directors.”

Read the article.

“Recognizing the importance of diversity and inclusion in the legal profession, Biglaw firms have started to implement strategies to improve how their workforces operate when it comes to moving toward achieving equity,” writes Staci Zaretsky in Above the Law’s Biglaw.

“We’ve previously acknowledged Dorsey & Whitney, Hogan Lovells, Reed Smith, and Cooley as firms where approved diversity and inclusion-related work will be billable for attorneys and will count toward bonus thresholds. We’ve just received word that yet another leading law firm has had a successful program like this that’s been quietly running since summer 2020 — and this firm is offering the highest number of billable diversity and inclusion hours we’ve heard of yet.”

Read the article.

“Jacksonville’s former public defender may lose his right to practice law for the next six months after filing a voluntary guilty plea for ethics violations committed when he held the job …,” writes Dan Scanlan from the Florida Times-Union’s News.

“The Florida Bar said Shirk agreed to the suspension in a conditional plea in an 11-page document, which will be presented to the Florida Supreme Court for a final decision. If he is suspended from practicing law, he must have “proof of rehabilitation” prior to his reinstatement. He also is required to pay for the disciplinary costs.”

“Shirk is a private attorney in Jacksonville, handling criminal defense and immigration law. He could not be reached for comment following a text message and call.”

Read the article.

“The Office for Civil Rights reached a $75,000 civil monetary penalty and corrective action plan with Nevada-based Renown Health, to settle a potential violation of the HIPAA right of access standard,” writes Jessica Davis in Health IT Security’s News.

“The settlement is the fifteenth enforcement discretion brought under the OCR HIPAA Right of Access Initiative since its launch in 2019. The effort is designed to support patients in obtaining timely access to their medical records for a reasonable cost.”

“OCR launched an investigation into Renown Health in February 2019, after receiving a patient complaint that alleged the provider failed to timely respond to their request for an electronic copy of their protected health information. The patient had requested their records, including billing information, to be sent to a third-party.”

Read the article.

OPINION
“Contracts and data governance go hand-in-hand. In the absence of regulation, parties engage in private ordering – at least in theory. But even when there is regulation, contracts often play a pivotal role,” posts Jeremy Telman in ContractsProf Blog.

” In most cases, data governance laws are essentially laws regulating contracts. California recently passed the country’s first real sweeping privacy law. Although it is a giant step in the right direction, it would be better if the opt-out had been an opt-in to the sale of personal information. I was delighted and surprised when blogmeister Jeremy Telman passed along information about another state that may pass legislation that may be even more proactive and protective of consumers privacy than California’s sweeping new law. That state? Oklahoma. The bi-partisan House Technology Committee unanimously passed the Oklahoma Computer Data Privacy Act, House Bill 1602, which requires technology companies to obtain ‘explicit’ permission to collect and sell consumer data. The bill now goes to the House floor.”

Read the post.

“The Buy American Act includes a preference for ‘domestic end products’ and ‘domestic construction materials’ on federal projects absent a waiver. Prior to recent revisions, domestic end products and domestic construction materials were those that were: 1) manufactured in the U.S.; and 2) made up of at least 50% domestic components or, alternatively, were Commercially Available Off-The-Shelf (COTS) items,” writes Casey J. McKinnon in Cohen Seglias’ blog.

“The FAR Council recently issued a final rule that makes substantial changes to the FAR’s Buy American requirements (FAR 52.225-1, 52.225-3, 52.225-9 and 52.225-11) in accordance with Executive Order 13881, ‘Maximizing Use of American-Made Goods, Products, and Materials.’ The revised FAR clauses became effective January 21, 2021, and are to be inserted in all new contracts beginning February 22, 2021. The final rule made three key changes to the FAR’s Buy American requirements:

• The domestic content requirement was increased from 50% to 55% for most products.
• The FAR will now impose a separate and more strict set of rules for any product that ‘consists wholly or predominantly’ of iron and/or steel. For such products, no COTS exception will apply, and costs for foreign iron and steel must be less than 5% of the total component costs (excluding costs for COTS fasteners).
• The price preferences for domestic products were increased from 6% to 20% for large businesses, and from 12% to 30% for small businesses.
• Contractors can use this flowchart to determine whether a product or material is ‘domestic’ under the revised FAR provisions.”

Read the article.

“In 2020, the Fifth Circuit Court of Appeals issued its decision in Soaring Wind Energy LLC (SWE) v. CATIS USA Inc., et al. In that case, the various members of a limited liability company (LLC) entered into an agreement to provide worldwide marketing of wind energy equipment and services. The agreement contained an arbitration clause that required all disputes between the parties to be arbitrated,” writes Allison J. Snyder in Porter Hedges’ Texas Construction Law Blog.

“The arbitration clause contained the following language:”

“17.10 No Consequential or Punitive Damages. IN NO EVENT SHALL ANY MEMBER OR ANY OF ITS RESPECTIVE REPRESENTATIVES OR AFFILIATES BE LIABLE TO THE COMPANY OR TO ANY OTHER MEMBER OR ITS REPRESENTATIVES OR AFFILIATES FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, REMOTE OR SPECULATIVE DAMAGES.”

“After an evidentiary hearing lasting several days, the Arbitration Panel awarded SWE $62.9 million in lost profits. The losing party sought to overturn the Award arguing that the Panel exceeded its powers by awarding lost profits damages. Arbitration awards are difficult to overturn and only a few narrow grounds exist to ask a court to vacate an award. However, one of the most powerful grounds is a showing that the Arbitration Panel exceeded the authority granted to them by the arbitration clause.”

Read the article.