“Lacey Bundy, SVP, general counsel and corporate secretary of Phoenix-based PetSmart, has been elected to the Retail Litigation Center (RLC) board of directors. The RLC is the legal arm of the Retail Industry Leaders Association (RILA),” posted Bridget Goldschmidt in Retail Leader’s Retail News.

“The only organization dedicated to advocating for the industry’s top priorities in the federal and state judiciary, the RLC was founded by Washington, D.C.-based RILA in 2010 as an independent organization. RILA’s members include more than 200 retailers, product manufacturers and service suppliers, which collectively account for more than $1.5 trillion in annual sales, millions of American jobs, and 100,000-plus stores, manufacturing facilities and distribution centers domestically and abroad.”

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“Acritas, part of Thomson Reuters, unveiled the 2021 Global Elite Law Firm Brand Index today. Baker McKenzie retained the top spot for the 11th consecutive year, and DLA Piper remains second on the list. Dentons made the biggest move this year, up eight spots, from 11th to third. Linklaters was fourth, moving up four spots, and Clifford Chance and Hogan Lovells tied for fifth,” posts Jeff McCoy in MarketScreener’s News.

“In addition to Dentons and Linklaters, five firms increased their position on the index. The results highlight firms that benefitted from building long-lasting, trusted relationships as clients turned to them for strategic counsel and support. Additionally, firms with a true global presence, along with the capabilities to provide expertise and relationships on the ground locally, were able to strengthen their position in this unique environment.”

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“Fired in-house lawyer Paul MacNeal Davis isn’t happy with media reporting on his lawsuit that contends that voting changes resulted in an illegal election,” reports Debra Cassens Weiss in ABA Journal’s Daily News.

“As of Monday, Davis had filed eight documents in his lawsuit, while the defendants had not yet responded, Above the Law points out. One filing getting attention—and ridicule—was a request that the government be placed in stewardship, with a nod to Lord of the Rings.”

“Now, Davis is retreating from that request in a Jan. 25 legal filing, but the pundits haven’t eased up. Nor have his troubles, including overwork, threats and vandalism, he says in the filing.”

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Arent Fox LLP is proud to announce that Partner Anthony V. Lupo has been selected as the fourth Chair in the firm’s 79-year history. A go-to business advisor, Lupo advises some of the world’s top companies in the entertainment, retail, and technology industries, including Discovery Inc., Diane Von Furstenberg, Tesla Inc. and Elon Musk.

He succeeds Mark M. Katz as part of a planned transition and will focus on strategic initiatives involving the development of key client relationships, firmwide growth, and diversity and inclusion.

A native of Washington, DC, Anthony began his career at Arent Fox in 1995. He earned his JD at Howard University School of Law and his Masters of Law from Georgetown Law.

Since being promoted to Partner in 2000, Anthony has held several leadership positions at the firm, including serving on the Executive Committee since 2002, as co-leader of Arent Fox’s nationally recognized Intellectual Property department, and as leader of the Fashion & Retail and Media & Entertainment industry groups. For more than a decade, Lupo has led the firm’s Marketing & Business Development Committee.

January 26, 2021. Buchalter is pleased to announce that J. Craig Cartwright has officially begun his position as the new office Managing Shareholder in Arizona. He spent the last several months working with Paul M. Weiser, the Arizona office Managing Shareholder since 2005, to ensure a smooth transition.

Co-Chair of the Firm’s REIT Transactions and Compliance Industry Group, Cartwright represents lenders, developers, real estate investment trusts, investors, and national corporations in a broad range of real estate transaction matters including sales and acquisitions, secured lending, property development, commercial leasing, bankruptcy workouts, and construction-related matters. He has significant experience drafting and negotiating purchase and sale documents, easements, leases, and deeds for his clients. In addition, Cartwright has experience managing the formation of corporate entities including bankruptcy-remote entities and commercial and corporate law matters. Prior to joining Buchalter, Cartwright was with DLA Piper.

Brightflag, the AI-powered legal spend management and matter management platform, today announced the appointment of Jill Altruda as the company’s new Vice President of Marketing. Altruda will direct global marketing strategy for Brightflag, drive customer acquisition, and oversee all customer-facing communications. This move follows last month’s $28 million growth equity investment, led by One Peak.

Altruda comes to Brightflag with significant expertise in AI software, having most recently led product marketing for supply chain innovator LLamasoft through its $1.5 billion acquisition by Coupa. Altruda has also held senior marketing positions at ProQuest and Truven Health Analytics, where she drove global go-to-market strategy in the information technology and healthcare industries.

According to the CLOC’s 2020 State of the Industry Survey, 88% of legal departments rate their business intelligence skills as an “emerging” or “developing” competency. Altruda and the Brightflag team will focus much of their attention throughout 2021 on providing in-house legal teams with the tools and strategies they need to make meaningful progress in this area.

Parker Poe Adams & Bernstein LLP is pleased to announce that Charlotte partner John Hairr has been elected chair of the North Carolina Wildlife Federation’s board of directors.

Hairr has volunteered with conservation groups for more than 20 years. He has served on the NCWF’s board since 2013 and its Executive Committee since 2017. He also chaired its Governance Committee from 2015 to 2020. He previously served on the Catawba Lands Conservancy’s board of directors for six years.

At Parker Poe, Hairr has 30 years of experience advising clients on domestic and international mergers, acquisitions, and other business transactions. He also serves as outside counsel to companies, helping them navigate their day-to-day legal needs. His clients include Fortune 500 corporations, closely held companies, startups, and local governments.

Chicago, Washington D.C. – Sidley Austin LLP is pleased to announce that Ankur Gupta, Sam Wales, and Ben Kirschner have joined Sidley as partners in its global M&A and Private Equity practice, together with associate Krista Kay Lewis. They join from McDermott Will & Emery where Gupta was the leader of its global healthcare real estate practice. The arrival of Gupta, Wales, Kirschner and Lewis demonstrates the firm’s ongoing commitment to and investment in hiring top talent to augment our healthcare transactional, private equity and real estate capabilities.

Gupta focuses his practice on representing privately and publicly held healthcare, real estate and financial institutions, private equity firms, investment banks and family offices in major healthcare-related real estate, industrial, office, hospitality, multi-family and retail real estate and M&A transactions. He manages all legal components of large domestic and international real estate portfolios for several clients and regularly counsels clients on corporate structure and strategy, internal controls, and risk management issues and best practices.

Wales represents private equity funds, as well as publicly traded and privately held companies, on M&A, joint ventures, and healthcare-related transactions. His work with private equity fund clients includes leveraged buyouts of public and private companies, divestitures, recapitalizations and venture capital investments. He also advises boards of directors on complex transactions, corporate governance, and other corporate matters.

Kirschner has a broad range of experience working on domestic and international transactional real estate matters. His practice focuses on acquisitions, dispositions, property development, leasing, and joint ventures, with a concentration on healthcare and industrial transactions. He has also counseled clients on large corporate transactions for the real estate portions of their deals.

Lewis represents private equity, investment funds, and privately held companies in connection with domestic and cross-border transactions including mergers, stock and asset sales, acquisitions, venture capital investments, and restructurings. She also provides corporate counsel on matters including corporate governance, securities laws, employment, financing, and executive compensation.

The addition of Gupta, Wales, Kirschner and Lewis follows the firm’s recent hires of Frank Rahmani, Nicolai Schwarz-Gondek, Idan Nester, and Andrew Harper to the M&A and Private Equity practice.

As Burris Law, PLLC celebrates its fifth anniversary, the firm is pleased to announce the addition of Lou Houston, David Spears, and Julie Zamler to its team of patent attorneys.

Houston concentrates her practice in patent applications, patent clearance searches, and opinions. With a background in electrical engineering, she previously practiced at multiple national intellectual property law firms in the United States. She also worked as a patent examiner for the U.S. Patent and Trademark Office, focusing on technologies such as multiplexing network communication systems, including wired and wireless networks, data packaging, routers, switches, applications, and related databases. Houston received her J.D. from the University of Notre Dame Law School and her Bachelor of Science from Prairie View A&M University.

Spears prepares and prosecutes patents for clients across a range of industries, including automotive, consumer products, and medical devices. His background in mechanical engineering includes his work during college with a large automaker and a major energy supplier. Previously, Spears was an associate at a national IP boutique in metropolitan Detroit. He received his J.D. (cum laude) from Michigan State University College of Law and his Bachelor of Science from Michigan State University.

Formerly a paralegal at the firm, Zamler focuses in patent preparation and prosecution. She has previous industry experience working for a contract research organization in the biopharmaceutical field. She received her J.D. and Master of Laws from Western Michigan University Cooley Law School and her Bachelor of Arts from Kalamazoo College.

Goodwin Procter just announced bonuses last week. The bonuses will match “the prevailing Baker McKenzie/Cravath scale,” reports Staci Zaretsky in Above the Law’s Biglaw.

“Associates at the firm must have met a 1,950 hourly threshold to be considered for a market bonus. Goodwin also uses a rating system when it comes to bonuses, and those who recorded hours ‘materially higher than 1,950 hours’ and received a ‘distinctive’ rating are eligible to receive bonuses that are above their class amounts. According to the firm, ‘43% of bonus recipients will receive an amount greater than the amount listed for their class, and 57% will receive their class amount.'”

Read the article.

“The Tennessee Supreme Court suspended the license of a Nashville attorney after discovering he posted advice on Facebook about how to make deadly force look like self-defense,” reports Brinley Hineman in Tennessean’s News.

“After a woman made a post on Facebook in 2017 seeking advice on how to handle possible abuse or harassment by an ex-partner, attorney Winston B. Sitton encouraged her to ‘lure’ the man into her home and shoot him. He advised her to claim the man broke in with a plan to harm her.”

“He later posted that the woman should delete her post if she was serious.”

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“The increase in loan and lease defaults in the wake of COVID-19 has brought to the forefront numerous legal defenses by borrowers and tenants, such as force majeure, impossibility, and frustration of purpose,” discuss Marc L. Hamroff and Danielle J. Marlow in Moritt Hock & Hamroff’s COVID Litigation Task Force Blog.

“Force majeure allows a party to suspend or terminate their obligations when certain circumstances beyond their control arise. Impossibility applies when the destruction of the subject matter of the contract or the means of performance makes contract compliance objectively impossible. Frustration of purpose applies when a change in circumstances makes one party’s performance virtually worthless to the other. The decision whether to permit these defenses boils down to allocation of risk, specifically (i) who should bear the risk of unforeseen circumstances, such as the pandemic; and (ii) does the governing contract address the allocation of risk?”

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“On August 24, 2020 in Ann Finch v. Covil Corp., 972 F.3d 507 (4th Cir. 2020), the Fourth Circuit Court of Appeals upheld a North Carolina federal district court’s decision, sustaining a $32.7 million verdict in favor of the plaintiff in an asbestos-related wrongful death lawsuit against insulation contractor Covil Corporation. On appeal, Covil argued that the district court erred in instructing the jury as to proximate cause and refused to reduce the damages award, however the three-judge panel found no fault with the district court’s jury instructions or its rationale for refusing to reduce the jury verdict,” write Deanielle Luisi and Tierra Jones in Husch Blackwell’s Toxic Tort Monitor.

“The $32.7 million verdict in Finch is reportedly the largest single-plaintiff verdict and the largest mesothelioma-related verdict in North Carolina history. Additionally, the verdict is four times larger than any other North Carolina mesothelioma verdict.”

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Turner Padget is pleased to announce that Columbia-based Shareholder Reginald “Reggie” Belcher has been named among South Carolina Lawyers Weekly’s inaugural class of “Go To Lawyers” in the State of South Carolina.

South Carolina Lawyers Weekly’s new feature showcases some of the leaders in the South Carolina legal community in particular areas of practice and expertise. The program, in its first year, began by honoring business attorneys. Those making nominations are asked to select attorneys to whom they would refer cases or call for assistance, if needed.

The complete list of South Carolina Lawyers Weekly “Go To Lawyers” is available here.

As the leader of Turner Padget’s Workplace Litigation Team, Belcher counsels clients in state and federal courts and before government agencies in employment litigation, including discrimination, harassment and retaliation claims, as well as the enforcement of non-compete agreements, trade secrets and other restrictive covenants. He also helps employers avoid potential liability by conducting internal HR audits, training supervisors and managers on best HR practices, and developing the necessary employment policies and practices for compliance. Belcher is a certified specialist in employment and labor law by the South Carolina Supreme Court. He also leads Turner Padget’s statewide professional licensing team.

Bradley Arant Boult Cummings LLP is pleased to announce that Elliot A. Bertasi, an attorney in the firm’s Nashville office, has earned the Certified Information Privacy Professional (CIPP/US) credential in the United States through the International Association of Privacy Professionals.

Bertasi is an associate in Bradley’s Healthcare and Cybersecurity and Privacy practice groups. He works with clients on healthcare transactions, as well as regulatory and operational matters affecting healthcare providers, on a day-to-day basis. He also focuses on HIPAA compliance, including the privacy, security and governance of big data in the healthcare industry. This work includes conducting privacy and data security diligence in healthcare transactions, structuring complex telemedicine arrangements, and assisting healthcare facilities and other industry stakeholders with data breach and security incident responses.

Bertasi received his J.D. (cum laude) from Duke University School of Law and his B.A. from the University of Tennessee. Prior to entering law school, he worked for the U.S. Agency for International Development in Washington, D.C., and in Dar es Salaam, Tanzania.

Bradley has eight attorneys who are CIPP/US certified. Accredited by the American National Standards Institute, the CIPP is recognized as a leading global privacy and data protection credentialing program. The CIPP/US designates professionals who demonstrate a strong foundation in U.S. private-sector privacy laws and regulations and an understanding of the legal requirements for the responsible transfer of sensitive personal data to/from the United States, the European Union, and other jurisdictions.

“Hornets Sports & Entertainment (HSE) announced today that the organization has named Tamara Daniels Senior Vice President & General Counsel. Daniels, who will serve as a part of HSE’s executive leadership team and will advise and counsel across all areas within the organization, will begin her role with the franchise in February,” released the Charlotte Hornets in the NBA News.

“Daniels joins the Hornets after serving as Vice President & General Counsel of the NHL’s Vegas Golden Knights and the organization’s other properties: the Henderson Silver Knights, Henderson Event Center, Lifeguard Arena and City National Arena. Daniels, who started with the Golden Knights in 2017 prior to the team’s inaugural season, played an extensive role in the team’s start up efforts as a member of the leadership team. She was involved in each aspect of the business operations since the team’s inception and was responsible for the team’s government affairs, investor relations, team business agreements (including sponsorship, marketing, ticketing and entertainment production), intellectual property portfolio, risk management, human resources, and large-scale projects supporting growth into new industries and arena developments.”

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“The United States Senate and the House of Representatives voted to override the President’s veto of the National Defense Authorization Act (‘NDAA’) on January 1, 2021 and December 28, 2020, respectively, resulting in the NDAA becoming effective law as of January 1, 2021. Within the NDAA was included the Corporate Transparency Act (‘CTA’) that became law upon the effective date of the NDAA. The CTA represents a substantial change in the transparency obligations for private companies, as the CTA will impose reporting obligations regarding beneficial ownership information for ‘reporting companies,’ which are primarily small-scale private companies with an operating presence in the U.S. As discussed below, although reporting companies will not be subject to these obligations until a later date, existing or newly formed reporting companies must be prepared to meet these obligations in the near future,” write Ryu Fukuyama, Benjamin F. Gould and Jennifer R.M.C. Watson in Masuda Funai’s News & Events.

“Under the CTA, a ‘reporting company’ must disclose to the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (‘FinCEN’) and then update certain information pertaining to its ‘beneficial owners.'”

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In March 2020, Foster Swift “published an article about how the Coronavirus impacts your contracts and whether force majeure clauses could excuse non-performance. Since then, our attorneys have received a number of questions from clients related to the Coronavirus/Covid-19 and how our clients may address issues of performance, delivery, and payment when the Coronavirus impacts a company’s ability to complete its responsibilities under a contract,” write Amanda J. Dernovshek and Emily R. Wisniewski in Foster Swift’s Biztech Law Blog.

“If any issues arise and your business ends up in court, the court will evaluate a contract and interpret the contract as written. Many contracts contain boilerplate provisions known as ‘force majeure’ clauses. Generally, a force majeure clause is used to excuse non-performance when performance becomes impossible. Whether or not a business’s circumstances rise to the level of being “impossible” will depend on a number of factors; however, a clearly written contract with a strong force majeure clause is essential.”

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“The end-of-the year omnibus (H.R. 133) is a massive $2.3 trillion spending bill containing appropriations for Fiscal Year (FY) 2021, COVID-19 relief funds, the first energy authorization in over a decade and extensions of a number of tax incentives also important to the energy sector. The bipartisan package will foster innovation across a broad range of technologies that are critical to U.S. energy and national security, long-term economic competitiveness and the protection of the environment,” report Taite R. McDonald, Beth A. Viola, Sydney Lauren Bopp and Hannah M. Coulter in Holland & Knight’s Insights.

The Holland & Knight alert highlights:

• Congressional support for clean energy research and development (R&D) remains strong, as evidenced by increasing budgets for most of the relevant programs at federal agencies, especially the U.S. Department of Energy (DOE).
• Every DOE program dedicated to clean energy research, development and deployment received an increase for Fiscal Year 2021, making billions of dollars available through grants, cooperative agreements, loans and loan guarantees, and other federal support.

Read the article.

Jackson Walker is pleased to announce the addition of Travis W. McNellie as a partner in the Fort Worth office. Joining our nationally recognized Real Estate practice, Travis boosts the Firm’s experience handling commercial leases, particularly involving office and industrial properties, across Texas and the United States.

In his practice, McNellie primarily focuses on representing institutional landlords of office and industrial projects, and he also has extensive experience representing tenants. In addition to leases, McNellie handles the acquisition, development, and disposition of various types of real property.

In recognition of his real estate experience, he has been named among Thomson Reuters’ “Texas Super Lawyers” list since 2017 and Fort Worth Magazine’s “Top Attorneys” list since 2007.

McNellie received his J.D., magna cum laude, from Texas Tech University School of Law and his B.B.A. from Tarleton State University.

In addition to McNellie, the Fort Worth real estate group also welcomes Sara C. Thornton as an associate. In her practice, Thornton focuses on a wide range of real estate and real estate finance matters. She regularly represents landlords and tenants in commercial leases, and has experience handling landlord-tenant disputes. She also represents purchasers, owners, and developers in connection with the acquisition, disposition, development, and finance of improved and unimproved real property.

Thornton received her J.D., summa cum laude, from Texas Tech University School of Law and her B.A., summa cum laude, from the University of North Texas.