JBS, Smithfield Pork Direct Purchasers Price-Fixing $102M Class Action Settlement

“Two pork producers agreed to a combined settlement of over $100 million to resolve claims they violated antitrust laws to raise the price of pork products. The settlement benefits consumers and companies that purchased pork products directly from defendant pork producers between Jan. 1, 2009, and,” reports Top Class Actions in their blog.

“Defendants in the case are: JBS Food Company, Clemens Food Group, Hormel Foods, Indiana Packers, Seaboard Foods, Smithfield Foods, Triumph Foods, Tyson Foods, and Agri Stats. JBS Foods is a meat producer that sells pork products under numerous brands including Swift, Primo. Smithfield  is a similar company selling meats including.”

Read the article.

 




Noumi Raising $26m to Clean Up Blue Diamond Court Settlement

“Rebirthed dairy and plant foods processor, Noumi, is asking for $26.4 million from shareholders to cover a legal settlement with US almond farmer co-operative Blue Diamond. Last month the re-named Freedom Foods business paid about $23m in an initial upfront payment to Blue Diamond which,” reports Andrew Marshall in Farm Weekly.

“Which began litigation in early 2020 alleging Freedom had stopped paying for branding rights and Blue Diamond almond milk products in mid-2019. At the time Freedom Foods had long-established Australian distribution rights to the internationally-known Almond Breeze brand. Six months later Freedom’s then chief executive Rory Macleod.”

Read the article.

 




Tesla Says it’s also Being Investigated by Federal Equal Employment Agency

“A U.S. federal agency that enforces civil rights laws against workplace discrimination can now be added to the list of agencies that is investigating Tesla, ” reports Rebecca Bellan in Tech Crunch.

“In a court filing on Monday related to a separate case, the automaker revealed that the U.S. Equal Employment Opportunity Commission (EEOC) has an “open investigation” into Tesla, a finding first reported by Bloomberg. The disclosure was tucked inside a filing with the California Superior Court in Alameda County related to a case involving the California Department of Fair Employment and Housing.”

Read the article.

 




Big Law Attorneys Share Why Mentoring Matters: Part Three

“In the third part of our Why Mentoring Matters series, two female partners at large law firms write about their personal journeys and how mentoring or being mentored has played an important and positive role in their careers. Morgan Lewis & Bockius labor and employment partner Debra,” reports MP McQueen in their Bloomberg Law.

“Her lack of a female mentor as a young attorney inspired her to become a mentor to others, especially women. She relates how she had no role models to guide her when she returned from maternity leave at another firm in the 1990s. That, and her discovery that she had been excluded from male partners’ get-togethers, forced her to create.”

Read the article.

 




NBT Bancorp Inc. Hires Randy Sparks as General Counsel

“President and CEO John H. Watt, Jr. announced that M. Randolph Randy Sparks has joined NBT as Executive Vice President and General Counsel. In this position, Sparks will coordinate NBT’s legal activities, manage external legal counsel and assist in the oversight of relations with regulatory agencies,” reports Globe Newswire in their blog.

“A member of NBT’s Executive Management Team, Sparks will also be appointed Corporate Secretary by NBT’s Board of Directors. He will be based at the company’s headquarters in Norwich, NY. Sparks has extensive experience in legal executive roles at both large and midsize banks. Most recently, he served as General Counsel and Corporate.”

Read the article.

 




Court Approves $34 Million Settlement in Bennington-Area PFOA Lawsuit Ahead of Case’s 6th Anniversary

“After the end of a half-hour hearing in federal court on Monday, the presiding judge removed his black robe, stepped down from the bench and chatted with the attorneys and the plaintiffs who were present. After nearly six years, U.S. District Court Chief Judge Geoffrey Crawford said he wanted to,” reports Tiffany Tan in VT Digger.

“Indeed, the hearing made it official: Bennington-area residents who sued a multinational plastics company for contaminating their soil and water will receive financial compensation and medical monitoring. On Monday morning, Crawford approved the $34 million settlement agreement that the complainants and Saint-Gobain.”

Read the article.

 




J&J Settles West Virginia Opioid Litigation for $99 Million

“Johnson & Johnson (JNJ.N) said on Monday it agreed to pay $99 million to settle claims by West Virginia that it helped fuel an opioid addiction crisis in the state, removing the company from an ongoing trial that began earlier this month. West Virginia is still pursuing claims against Pharmaceuticals,” reports Dietrich Knauth in Reuters.

“J&J did not admit liability or wrongdoing in the settlement, the company said. The other companies, which have previously denied the accusations, did not immediately respond to requests for comment. West Virginia previously reached a $26 million settlement with Endo International Plc (ENDP.O), which had also been a defendant.”

Read the article.

 




ArentFox Schiff Adds Leading Bankruptcy & Financial Restructuring Partner Jeffrey Gleit in New York

ArentFox Schiff is pleased to announce the expansion of its Bankruptcy & Financial Restructuring practice with the addition of Partner Jeffrey R. Gleit in New York. Jeff represents debtors, hedge funds, private equity funds, financial institutions, independent directors, and trade creditors in restructuring distressed companies.

For more than two decades, Jeff has advised clients spanning a variety of industries, including financial services, energy, healthcare, automotive, retail, telecommunications, and manufacturing, with all aspects of distressed situations. Jeff’s experience boosts the firm’s distressed lending and recovery, indenture trustee and agency, creditors committee, and debtor capabilities. Jeff also regularly counsels boards of directors in distressed situations, contract counterparties, and parties to credit default swap agreements.

A recognized industry thought leader, Jeff frequently publishes and speaks on hot topics and trends in bankruptcy and restructuring. Prior to joining ArentFox Schiff, Jeff was the Bankruptcy & Restructuring practice group leader at Sullivan & Worcester LLP.

“Our Bankruptcy & Financial Restructuring practice is strategically growing and adding depth, expertise, and capabilities to provide our clients greater breadth and bench strength and otherwise prepare for the likelihood of a challenged and distressed economy. Adding Jeff and Brett Goodman, who joined the group in October, will also enable us to better service the new work created by the needs of our newly combined firm. Jeff’s national reputation and recognized skills fit our team and the firm well.”
– Andrew I. Silfen, New York Co-Managing Partner and Bankruptcy & Financial Restructuring Practice Leader

Jeff’s Experience
Jeff’s recent work includes representing secured lenders, private investment firms, and cross-border entities in Chapter 11 and Chapter 15 cases. Other notable work and recognitions include:

• Represented Newmark Group, Inc. in its acquisition of Knotel, Inc. as part of Knotel’s Chapter 11 case.
• Represented Purdue Pharma L.P. and its subsidiaries as special conflicts counsel in their Chapter 11 cases.
• Represented Wilmington Savings Fund Society, FSB, in the Covia Holdings Corporation and Denbury Resources Chapter 11 cases.
• Represented the independent directors of iQor Holdings in connection with iQor’s prepackaged Chapter 11 case.




Texas Rising Stars Honors Ward, Smith & Hill Attorney Brett F. Miller

Texas Rising Stars Honors Ward, Smith & Hill Attorney Brett F. Miller

Miller is recognized for his work with plaintiffs in civil litigation

LONGVIEW, Texas – Ward, Smith & Hill trial attorney Brett F. Miller has earned selection to the 2022 edition of Texas Rising Stars for his expertise in civil litigation. The listing highlights the best young attorneys in the state.

Mr. Miller’s expertise involves business and employment disputes as well as cases involving non-competes and trade secrets. He leads the firm’s family law practice, representing individuals in divorce proceedings, child custody disputes and complex property issues. This marks his fifth year to earn Rising Stars honors.

“This recognition reflects the team effort of our law firm,” said Mr. Miller. “I’m honored that my legal peers recognize the arduous work we do for our clients.”

Only 2.5 percent of eligible attorneys are chosen for the annual Texas Rising Stars listing, which is designed to recognize attorneys who are 40 or younger or who have been practicing for 10 years or less. Selections are first made through peer nominations followed by a meticulous blue-ribbon review.

Texas Monthly and the Texas Rising Stars issue of Super Lawyers magazine will highlight the 2022 honorees. For more information on Texas Rising Stars, visit www.superlawyers.com.

Longview, Texas-based Ward, Smith & Hill, PLLC, has tried more than 350 cases to verdict, earning a national reputation in high-stakes claims involving complex commercial litigation, intellectual property law, oil and gas matters, bad faith insurance claims, and serious personal injury claims. The firm frequently assists lawyers nationwide in complex cases before Texas juries. To learn more about the firm, visit http://www.wsfirm.com.




GREENSFELDER ADDS ATTORNEY DAVID WASSERMAN TO EMPLOYMENT & LABOR PRACTICE

April 12, 2022

Greensfelder, Hemker & Gale, P.C. is pleased to announce that David Wasserman has joined the firm as an associate in its Employment & Labor practice group.

David advises clients in matters related to employment and labor law and defends employers in both state and federal courts against allegations of discrimination, harassment, retaliation, and breach of contract. As a child of two deaf parents, one of whom experienced workplace disability discrimination, David has dedicated his work to counseling employers on workplace issues and compliance training. He also serves on the Executive Board of Directors at DEAF, Inc.

Before joining Greensfelder, David served as a plaintiff-side employment lawyer at a nationally recognized St. Louis law firm. During law school, he was President of the Employment Law Association, Managing Editor of the ABA Journal of Labor & Employment Law, and an extern at the Missouri Commission on Human Rights. David was the recipient of the Judge Robert G. Dowd Sr. Appellate Advocacy Award and an employment law certificate from the William C. Wefel Center for Employment Law.

David earned his J.D. from Saint Louis University School of Law and his B.A., summa cum laude, in political science from Rockhurst University in Kansas City, Missouri.




Dinsmore & Shohl LLP Partner Anne Harman Joins International Association of Defense Counsel

The International Association of Defense Counsel (IADC) has announced that Anne D. Harman, a partner at Dinsmore & Shohl LLP in Wheeling, West Virginia, has accepted an invitation to join the IADC, the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests.

“As the legal world continues to expand and grow globally, IADC provides its members with practice resources, unique educational opportunities and the camaraderie of defense-oriented peers,” Ms. Harman said.

Ms. Harman has more than three decades of legal experience, focusing her practice on the representation of business and companies in toxic tort civil litigation, regularly involving asbestos and benzene defense work in West Virginia, Pennsylvania, and Ohio. She represents a range of large and small companies, often connected to the steel, power and chemical industries.

Ms. Harman is a member of DRI, the Defense Trial Counsel of West Virginia, and the American Inns of Court, the William Blackstone Inn. She has been named a West Virginia “Super Lawyer” for Product Liability Defense.

Ms. Harman received her J.D. from West Virginia University College of Law and her Bachelor of Business Administration from Marshall University.

About the International Association of Defense Counsel
The IADC is the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests. Founded in 1920, the IADC has members who hail from six continents, 51 countries and territories, and all 50 U.S. states. The core purposes of the IADC are to enhance the development of skills, promote professionalism, and facilitate camaraderie among its members and their clients, as well as the broader civil justice community. For more information, visit www.iadclaw.org.




Blank Rome Welcomes Two Real Estate Of Counsel in New York and Los Angeles

Additions Continue National Expansion of the Firm’s Leading Real Estate Group

Blank Rome LLP is pleased to welcome Kathryn C. Appling and Jamie Garelick as of counsel in the firm’s nationally recognized Real Estate practice. Kathryn joins the firm from Bryan Cave Leighton Paisner LLP, and is based in Blank Rome’s New York office. Jamie joins the firm from Glaser Weil Fink Howard Avchen & Shapiro LLP, and is based in Blank Rome’s Los Angeles office.

Kathryn and Jamie are the latest additions to Blank Rome’s growing Real Estate group, which recently welcomed leading partners Saul Breskal, Christy Reuter, Sonia Kaur Bain, and J.J. Broderick, of counsel Kerri Alessi, and associates Kaitlyn West, Christina Preminger, and Matthew Crawford across the firm’s Los Angeles, New York, and Philadelphia offices.

“We are thrilled to welcome Kathryn and Jamie to our growing team, further strengthening our national footprint and enhancing our suite of client service offerings and capabilities,” stated Samantha Wallack, Partner and Co-Chair of the Real Estate group. “Their strong real estate backgrounds and corporate finance and transactions experience will be a tremendous asset to not only our real estate team, but also our firm’s leading corporate, finance, and private equity groups.”

Kathryn represents private equity funds, developers, financial technology companies, sovereign wealth funds, financial institutions, and investors in structuring and negotiating complex joint ventures, acquisitions and dispositions, financings, and restructurings involving a wide variety of assets, including property portfolios. She also has experience advising New York-based nonprofits and governmental agencies in connection with the acquisition and disposition of real estate assets, including development rights.

Admitted to practice in New York, Kathryn received her J.D., cum laude, from Harvard University, and her B.S.F.S., cum laude, from Georgetown University.

Jamie focuses her practice on commercial real estate and corporate transactions, notably representing property owners, tenants, landlords, investors, and borrowers in connection with leases, acquisitions, and dispositions, as well as the development and financing of commercial, industrial, and retail properties. She also counsels privately owned businesses, providing advice and strategic consultation to her clients in connection with business formation and organization, strategic partnerships, joint ventures, asset purchases and sales, and other business and operational matters.

Admitted to practice in California and New York, Jamie received her J.D. from Columbia Law School and her A.B., cum laude, from Princeton University.

About Blank Rome

Blank Rome is an Am Law 100 firm with 14 offices and more than 600 attorneys and principals who provide comprehensive legal and advocacy services to clients operating in the United States and around the world. Our professionals have built a reputation for their leading knowledge and experience across a spectrum of industries and are recognized for their commitment to pro bono work in their communities. Since our inception in 1946, Blank Rome’s culture has been dedicated to providing top-level service to all of our clients and has been rooted in the strength of our diversity and inclusion initiatives. For more information, please visit blankrome.com.

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Turner Padget Continues Expansion Across Its South Carolina Footprint

Turner Padget is pleased to announce the additions of Charles S. Gwynne, Jr., of counsel, to the firm’s Columbia office, Christopher D. Scalzo, of counsel, to the firm’s Greenville office and Adrian R. Peguese, associate, to the firm’s Florence office. Gwynne and Peguese join the Litigation practice group and will support the Personal Injury Defense team by handling personal injury cases on a daily basis through pre-suit investigation and negotiation, discovery, mediation, arbitration, trial and appeal. Scalzo joins the Litigation practice group and will support the White Collar Crime team by representing matters involving nonviolent offenses at the corporate level. He will work to combine the firm’s strengths in areas of accounting, banking and taxation, etc. for successful white collar crime defense.

Charles S. Gwynne, Jr.
Gwynne defends insurance carriers and individuals throughout all aspects of litigation, including case investigation, written discovery, depositions, motion practice and attending trials. He works to provide clients with efficient and effective representation, as well as excellent service. Prior to joining Turner Padget, Gwynne’s civil litigation experience included representing mortgage lenders and loan servicers in South Carolina in residential real estate foreclosures, handling construction defect and products liability insurance defense claims, and commercial collections cases. He also previously served as an assistant disciplinary counsel with the South Carolina Department of Labor, Licensing and Regulation. In that role, he was responsible for prosecuting licensees for violations of state practice acts, and handling appeals and petitions for injunctive relief filed with the Administrative Law Court.

Gwynne earned his undergraduate degree from Ithaca College and his law degree from Suffolk University Law School.

Adrian R. Peguese
Peguese focuses her practice on defending clients in automobile accident and premise liability. She has experience representing indigent defendants in magistrate and general sessions court from post-arrest until disposition, investigating alleged crimes or offenses by meeting with witnesses, deposing police officers and reviewing reports and statements, and analyzing facts, evidence and the strength of the case, determining the client’s wishes and conducting meetings with prosecutors to resolve issues. Prior to joining Turner Padget, Peguese served with the Sixteenth Circuit Public Defender’s Office as an assistant public defender representing individuals in automobile accident cases in South Carolina. She is also a member of the South Carolina Bar Young Lawyers Division and is active in various committees, including the Protecting Our Youth committee and serves as co-chair for the Diversity Committee.

Peguese earned her undergraduate degree from the University of South Carolina and her law degree from the University of South Carolina Law School.

Christopher D. Scalzo
Scalzo has been a trial and appellate lawyer for almost 20 years. He has served as lead counsel in over 100 trials at all levels of court in South Carolina, including at the magistrate, municipal, family, circuit courts and the South Carolina Supreme Court. Scalzo is the former Chief Public Defender in South Carolina’s 10th and 13th Judicial Circuits, where he represented clients in criminal matters ranging from traffic violations to capital murder. Prior to joining Turner Padget, he served as chief executive of two different organizations and understands the financial and business concerns of his clients. Scalzo has experience defending matters involving violations of the S.C. Wiretap Act and challenges to the constitutionality of statutes, defending 2,000+ clients accused of crimes in trials, and negotiating resolutions and dismissals for alleged criminal charges ranging from traffic tickets to capital murder.

Scalzo earned his undergraduate degree from Rutgers University and his law degree from Rutgers University School of Law.

Turner Padget exceeds expectations by taking your interests, your business and our relationships personally. Our depth of knowledge, technical strength and diverse experience makes us sharp, talented business thinkers able to see our clients’ needs holistically and get to the core of the problem quickly. As one of South Carolina’s largest law firms, Turner Padget has expanded into neighboring states with offices located in Augusta, Charleston, Columbia, Florence, Greenville and Myrtle Beach, along with strategic alliances in Florida and North Carolina. http://www.turnerpadget.com/

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Littler’s SOAR Program Takes Off

LITTLER’S SOAR PROGRAM TAKES OFF

(April 11, 2022) – Littler, the world’s largest employment and labor law practice representing management, is proud to introduce the rebrand of its Littler SOAR Program (previously named the Investment for Success program). The program, led by Shareholders Michelle Gomez (Denver) and Joon Hwang (Tysons Corner), pairs newly hired associates with a shareholder mentor to help them successfully integrate into the firm.

“Research has shown that the first few months at a law firm can be crucial in determining a new attorney’s success. In response, Littler’s SOAR program ensures that we are effectively onboarding, mentoring and training our newly-hired talent,” said Paul Bateman, Littler’s Chief Inclusion, Equity and Diversity Officer. “SOAR is designed to connect established attorney mentors with new, diverse attorney mentees to help them find their footing, so that they are set up to excel and achieve their goals at Littler.”

Initially launched in 2017 as a follow-up to Littler’s award-winning Career Advocacy Program, SOAR mentors share career advice, suggest ways to boost opportunities at the firm, identify core competencies and provide tips for managing workload. Additionally, they offer guidance on developing subject matter knowledge and involvement in practice groups, firm committees and affinity groups. Mentors also help their mentees navigate the wealth of resources at Littler.

“As co-chairs, we are continuously developing initiatives to ensure that SOAR participants get the most out of the program,” added Gomez and Hwang in a joint statement. “As part of our efforts, we renamed the program to more accurately depict its goals, which is to help our new associates launch and excel in their respective careers at Littler.”

Last fall, SOAR held a virtual graduation ceremony honoring 15 associates, who completed 18 months in the program. SOAR graduates attribute their participation in the program to their successful practices. For example:

In the words of associate Jason Byrd (New York), “Through my participation in the SOAR program, I was able to hone my skills as an attorney. A major benefit of the program was having a mentor who served as a neutral party. He helped me navigate the firm’s resources and improve the management of my daily practice. I’m extremely grateful for the guidance of my mentor and my time here at Littler.”

Littler also has a number of other programs designed to retain and promote a diverse workforce, including the previously mentioned Career Advocacy Program and Breaking Through, among other meaningful initiatives. The firm continues to set the standard for inclusion, equity and diversity in the industry as it earns recognition for its policies, practices and programs. For a comprehensive overview of Littler’s ongoing programming and initiatives, check out the firm’s 2021 Inclusion, Equity and Diversity Annual Report.

About Littler

With more than 1,600 labor and employment attorneys in offices around the world, Littler provides workplace solutions that are local, everywhere. Our diverse global team and proprietary technology foster a culture that celebrates original thinking, delivering groundbreaking innovation that prepares employers for what’s happening today, and what’s likely to happen tomorrow. For more information, visit www.littler.com.

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Michael L. Webb Joins Farrell Fritz as Real Estate Counsel

Farrell Fritz is pleased to welcome Michael L. Webb to its Uniondale office as real estate counsel.

Michael is a Dix Hills, NY, resident. Prior to joining Farrell Fritz, he was counsel at Nixon Peabody LLP in Jericho. Michael earned his J.D. from St. John’s University School of Law and his B.A., cum laude, from Queens College. He is admitted in New York.




Rebecca Blake Chaikin Joins Jackson Walker’s Bankruptcy, Restructuring, & Recovery Practice in Houston

Rebecca Blake Chaikin Joins Jackson Walker’s Bankruptcy, Restructuring, & Recovery Practice in Houston

HOUSTON – Jackson Walker is pleased to announce the addition of Rebecca Blake Chaikin as a partner in the Houston office’s Bankruptcy, Restructuring, & Recovery practice.

“Rebecca is an outstanding bankruptcy lawyer who brings extensive and valuable experience to our team,” said Practice Chair Bruce J. Ruzinsky. “We have had the pleasure of working with her in the past on Chapter 11 cases for Denbury Resources, Jones Energy, and JCPenney. Rebecca is not only very experienced, she also possesses a collaborative and good-humored demeanor, and she utilizes a practical and creative approach to cases, that blends really well with the team.”

Rebecca offers extensive experience representing debtors and creditors in connection with corporate restructuring, bankruptcy, and financial distress. She also has experience with international and cross-border insolvency and out-of-court restructurings throughout Texas, Delaware, New York, and Virginia bankruptcy courts. In recognition of her practice, she has been named a “One to Watch” in the area of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law by The Best Lawyers in America since 2021.

“I am excited to join Jackson Walker’s first-rate bankruptcy and restructuring practice,” Rebecca said. “Having collaborated closely with the team on several Chapter 11 cases over the past three years, I am confident we will work well together and that I will contribute to the incredible service they already provide to companies in distress.”

She received her J.D. from New York University School of Law and her B.A., magna cum laude, from Brandeis University.

Meet JW

Founded more than 130 years ago, Jackson Walker has played a vital role in the growth and development of Texas business. With more than 400 attorneys across seven Texas-based offices, the Firm represents Fortune 500 companies, multinational corporations, major financial institutions, insurance companies, and a wide range of public companies and private businesses around the globe. To explore the Firm’s experience handling complex corporate Chapter 11 cases, out-of-court workouts, and litigation proceedings, visit the Bankruptcy, Restructuring, & Recovery practice page.




Womble Bond Dickinson Adds M&A Partner in Charlotte, N.C.

Womble Bond Dickinson announced today that Damian C. Georgino has joined the firm’s Corporate and Securities Group as a partner in the Charlotte, N.C. office. Damian advises U.S. and international corporations, including Fortune 50 companies, financial institutions, private equity funds, and other investors in complex transactions involving water and wastewater, energy, industrial/manufacturing, infrastructure, technology, and natural resource projects.

In his more than 25 years of experience, Damian has advised clients on transactional – including investments, financings and structures, risk management, and compliance – and operational matters across a variety of industries. He has extensive experience in buy-and-build and hyper-growth strategies, structures, financings, including project finance, and operations primarily focused on the water, wastewater, energy, technology, investments) and environmental industries. Damian has also successfully led numerous infrastructure transactions, including water and wastewater privatization, affirmage, and P3/PPP projects, in the U.S. and internationally.

“Damian is an exceptional deal lawyer with extensive experience in complex domestic and international transactions,” said Jamie Francis, who leads the firm’s Corporate and Securities practice. “He is highly respected for his M&A work, and his focus on all things water, wastewater, energy and infrastructure adds new depth to our global practice and, with respect to his work in the water/energy nexus, our Energy and Natural Resources practice.”

The firm’s Corporate and Securities Group has added two dozen attorneys in the last 12 months, which has also seen the expansion of the Energy and Financial Services sectors and the Global Business and International Trade practice.

“Womble’s commitment to client service combined with its collaborative culture and full-service, transatlantic platform is an excellent fit for my practice,” said Damian. “I look forward to working with my new colleagues to serve the needs of clients at all stages of complexity and growth.”

Damian joins Womble from Norton Rose Fulbright’s New York office. He is active within his professional and legal community, serving on the Board of Directors for American Energy Partners Inc., several advisory boards including the Corporate Advisory Board for the Mississippi River Cities and Towns Initiative, and the Transactional Law Program Advisory Board at the Emory University School of Law.

Damian graduated from Dickinson College with a B.A. in Economics and a B.S. in Political Science. He received both his J.D. and M.B.A. from Emory University, where he served in the Moot Court Society and graduated with High Honors.




Venable Client ecobee Wins Smart Thermostat Patent Infringement Lawsuit

Venable LLP is pleased to announce that on April 4, 2022, the firm’s client ecobee was the beneficiary of a ruling of Administrative Law Judge Cameron Elliot (of the U.S. International Trade Commission [ITC]) in an investigation brought by EcoFactor, Inc. against ecobee. ecobee is a leader in sustainable smart home solutions, and it pioneered the smart thermostat space in 2007.

The complaint, filed on Feb. 25, 2021, accused ecobee and others of importing Wi-Fi-enabled smart thermostats that infringed four patents. After an investigation that lasted 13 months, ALJ Elliot published an initial determination in favor of ecobee, finding that there was no violation of Section 337 of the Trade Act. In particular, ALJ Elliot concluded that ecobee did not infringe the asserted patents, that the asserted patents were invalid on multiple grounds, and that EcoFactor failed to satisfy the domestic industry requirement.

The Venable trial team was led by partner Timothy Carroll.

“We are pleased to deliver this latest victory for ecobee. This is an important and high-stakes investigation,” said Mr. Carroll, a partner in Venable’s Patent Litigation Group. Mr. Carroll added that “this is the second time ecobee has been awarded a victory in the ITC against EcoFactor. We are thrilled that ecobee has prevailed through every stage of this and the prior investigation commenced by EcoFactor.”

The Venable team representing ecobee and led by Mr. Carroll includes Venable attorneys Manny Caixeiro, Megan Woodworth, Steve Lubezny, Catherine Taylor, Dan Apgar, Leslie Lee, and others. EcoFactor was represented in this and a prior unsuccessful investigation by Russ, August & Kabat.

ecobee Inc. was founded in 2007 with a mission to improve everyday life while creating a more sustainable world. Today, ecobee continues to innovate with smart home solutions that solve everyday problems with comfort, security, and conservation in mind. With its products, including the SmartThermostat and SmartCamera, both equipped with voice control, ecobee continues to encourage consumers to imagine what home could be.

Venable LLP is an American Lawyer Global 100 law firm headquartered in Washington, DC that serves as primary counsel to a worldwide clientele of large and mid-sized organizations, nonprofits, high-net-worth entrepreneurs, and other individuals. With more than 850 professionals across the country, including in California, Delaware, Illinois, Maryland, New York, Virginia, and Washington, DC, the firm strategically advances its clients’ objectives in the United States and around the globe. Venable advises clients on a broad range of business and regulatory law, legislative affairs, complex litigation, and the full range of intellectual property disciplines. For more information, please visit https://www.venable.com/.




Buchalter Continues Expansion in Salt Lake City

Buchalter is pleased to announce the additions of four attorneys in Salt Lake City – Shareholder Jason Croft joins as Global Chair of the Patent Procurement and Strategy Practice group and R. Chad Pugh joins as a Shareholder and member of the Litigation Practice group. Melanie Marcheschi joins as a member of the Real Estate Practice, and Jake Barney is a member of the Litigation Practice group. The Firm’s Salt Lake City office has seen tremendous growth since its opening in November of 2021 having expanded to more than 20 attorneys in six months.

“We are thrilled to welcome Jason, Chad, Melanie, and Jake to the Firm,” said Adam Bass, President and Chief Executive Officer of Buchalter. “With Jason’s impressive technical patent and intellectual property practice, Chad and Jake’s wealth of litigation experience, and Melanie’s significant real estate practice, they are exactly the right fit as we continue to solidify Buchalter’s presence in Utah.”

Croft actively manages patent-related matters for some of the world’s most innovative public and private companies. He is equally adept at patent procurement and IP portfolio strategy, as he is at managing IP transactions, conducting IP due diligence, and leading post-grant proceedings. Croft’s technical expertise spans a broad array of cutting-edge disciplines, including artificial intelligence and machine learning, virtual and augmented reality, neural networks, 4G and 5G wireless standards, autonomous vehicles, robotics, computer architecture, software, cryptography, biometrics, integrated circuits, and semiconductor manufacturing.

“I am delighted to join Buchalter and add my experience and expertise to the exceptional intellectual property capabilities Buchalter offers its clients,” said Croft. “With the strong foundation the Firm provides, I look forward to continuing to expand our world-class Intellectual Property practice group.”

Pugh represents clients in commercial litigation matters, with an emphasis in consumer financial services, securities, and real property matters. He has broad experience representing lenders in mortgage-related litigation arising under federal and state consumer-protection laws, including the Truth in Lending Act, the Real Estate Settlement Procedures Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and unfair trade practices statutes. His commercial litigation experience in other substantive areas includes securities litigation, labor and employment, white-collar defense, and bankruptcy litigation.

“I am so pleased to be adding my practice to Buchalter’s prominent litigation practice and to the growing Salt Lake City office,” said Pugh. “This is a truly an exciting time to join the Firm, and with the geographic footprint Buchalter offers, I am confident this move was the right decision.”

Marcheschi’s expertise includes commercial acquisitions, dispositions, leasing, and title, survey, and environmental due diligence in connection with such transactions. She represents buyers, sellers, property owners, tenants, and developers.

Barney has successfully represented clients in litigation at both the trial and appellate court levels. His practice includes professional liability, commercial contracts, real estate matters, trade secrets, construction, shareholder/member disputes, and other complex business matters. His broad experience enables him to provide valuable insight in a wide variety of commercial and general civil litigation matters.

Just two months ago, Buchalter announced the additions of six lawyers in Salt Lake City – Shareholders Douglas Farr, Lance Lehnhof, and Blake Cooper along with Blake Tengberg, Karl Israelsen, and Trevor Fugate.

“Jason, Chad, Melanie, and Jake are welcome additions to our growing presence in Salt Lake City,” added Jed Burton, Managing Office Shareholder in Salt Lake. “When joining Buchalter late last year, we could not have foreseen practicing with such an accomplished and impressive group of attorneys.”
“Salt Lake City is a significant market for both our clients and the Firm,” added Bass. “Looking ahead, we are optimistic about our future and continued growth in the Utah region.”




How Corporate Law Departments Can Keep Up with Increased Demand for Legal Services Using Advanced Work Management Systems

Already encumbered with a mandate to do more with less, corporate legal departments (CLDs) are seeing major spikes in demand for legal services stemming from a growing dependency on in-house attorneys to support everyday operations and increased legal obligations. More frequently, in-house attorneys are becoming much more involved with sales, marketing, finance, operations, HR, risk and compliance and other business functions much earlier in the process than before. And according to the 2022 ACC Chief Legal Officer Survey, 60% anticipate an increase in work volume just due to privacy and regulatory enforcement.

Not only are the requests for legal support increasing and expanding, the requests themselves are coming at them from a multitude of vectors—internally, via phone (or Zoom), email, instant message, texts, group meetings, or casual watercooler conversations; and from external stakeholders like law firms, vendors, partners, suppliers and more.

Compounding this is the impact from COVID-19, which generated increased risk factors for businesses, slowed down court processes, and disrupted the workforce. Pandemic-related litigation is expected to increase at a strong pace throughout 2022. Litigators can expect a steady stream of business interruption and breach of contract suits across industries, plus an uptick in insurance claims for physical damages, employment disputes, bankruptcy, and real estate litigation.

All of this puts enormous strain on CLDs in terms of capacity, managing workloads and costs, and balancing the legal and business needs of the organization. Unfortunately, CLDs have to manage all of this while continuing to stay ahead of any issues or crises and proactively mitigate risk, and managing these inbound requests can be a full-time job without advanced technology.

Managing Increased Demand for Legal Services

Faced with increased demand and resource constraints, CLDs need tools that help them work more efficiently and effectively and give them big-picture insights that help them better manage demand, allocate resources, control costs and plan for future needs. It all starts with data—ideally captured when the legal request is made, collected until the matter or task is resolved, and organized and analyzed for auditing and reporting purposes. In fact, a recent industry survey notes that Workload/Resource Bandwidth is the #1 challenge facing CLDs, and that Legal Service Request/Intake technologies are second only to A.I. in terms of planned implementations over the next two years.

Many CLDs currently use Microsoft Excel, Outlook, or other project management software for matter intake, some have already started using an advanced workflow management system such as CounselLink (and are seeing the results), but the majority currently still do not have any kind of comprehensive platform to manage and optimize the flow of legal work into and around the department, facilitate collaboration, analyze performance and outcomes, and generate insights.

Without this central source of data and analytics, CLDs have no means of communicating to executive management how many inquiries they are receiving, the sources and types of requests stakeholders are submitting, how much time is needed to address them, how much it is going to cost, and who is going to do the work—which makes it impossible to make staffing recommendations and justify budget requirements.

Leveraging Technology to Close the Resources Gap

Technologies that automate tasks and incorporate tracking mechanisms help CLDs better manage their caseloads while making well-reasoned resource decisions. With an advanced work management platform, CLDs can address a host of questions and decisions with confidence: What’s the most efficient and cost-effective way to successfully handle this request? Should this matter be staffed using in-house resources or an outside law firm? Does our internal team have the capacity and/or expertise? If not, which outside law firm should we hire?

Although work management solutions may or may not reduce internal headcount or overhead costs, the technology can help CLDs make smarter decisions for resource planning. When the department has visibility into the origination, volume, and types of in-bound requests, leadership knows exactly what types and amounts of internal legal resources are required—for instance, how many contract reviewers should be hired vs. how many litigators—which helps optimize the quantity and distribution of skillsets within CLDs.

Similarly, data-driven insights on outside counsel performance can help CLDs make better decisions on which firms to hire and how large their legal team needs to be, quantify the value a firm delivered in the past and benchmark results against other firms—all of which can contribute to lower outside legal spend.

Incidentally, many law firms are also deploying advanced technologies to make themselves more knowledgeable, efficient, transparent, and collaborative. As such, these firms would likely appreciate a work management platform that helps them interface more closely with their clients and better manage their workflows.

Realizing the Benefits of Advanced Work Management Systems

Selecting the right advanced work management solution creates transparency around how your department works while exposing issues that were previously unseen.

Data-driven recommendations and decisions lead to better organization-wide outcomes. Further, the transparency achieved through advanced work management systems positively impacts collaboration, enabling contributors to communicate and track the work that they’re doing individually and collectively.

When selecting an advanced legal work management solution, CLDs should look for comprehensive data-capture capabilities, analytics tools that provide insights into staffing optimization and return on investment, rich collaboration and workflow management tools to track and manage progress, and robust reporting capabilities that can be used to communicate resource planning and budget requirements to executive stakeholders. As a result of having such functionality built in, CounselLink, a leading advanced work management solution for corporate legal departments, is able to provide its users with an average cost savings of 8-10%.

Developing a long-term legal technology strategy to help manage legal requests and analyze performance and outcomes will help CLDs weather the increasing workloads and changing legal environment in 2022 and beyond.

Kris Hawk is a Senior Product Manager at LexisNexis where he is responsible for the product planning and execution throughout the product development lifecycle. Kris has over 10 years of experience in the legal technology industry focusing on software solutions for law firm productivity, eDiscovery, and Enterprise Legal Management.