Freeborn & Peters LLP Launches Consumer Products Industry Team to Help Manufacturers Address Every Facet of their Business

Jeremy RichardsonFreeborn & Peters LLP is pleased to announce the formation of the firm’s Consumer Products Industry Team to help its consumer product manufacturing clients strategically and comprehensively address every facet of their business.

The new group draws on the legal skills and business acumen of Freeborn’s corporate, intellectual property, employment, and other attorneys and litigators with industry-specific experience and knowledge across a range of practice groups to fully serve consumer products companies.

Jeremy D. Richardson, a Freeborn Partner and Leader of the Consumer Products Industry Team, said of the newly established group, “We have brought together many of Freeborn’s most knowledgeable and accomplished attorneys in key practice areas that will help our clients achieve the full spectrum of legal protections and business success. In addition, our Consumer Products Industry Team members have substantial experience working with consumer products companies and are attuned to the unique, critical challenges they face.”

The Consumer Products Industry Team attorneys have substantial experience responding to the opportunities and navigating issues regularly encountered by consumer products companies. These include negotiating agreements and resolving disputes with distributors, suppliers, vendors, regulators, governmental authorities, and competitors. The attorneys identify risks and mitigation opportunities for consumer products companies, as well as enforce and defend their rights in litigation, when necessary. The team’s legal services that specifically address the primary needs of consumer products companies include:

• Intellectual property and brand protection;
• Purchasing law, supply chain, and sales channels;
• Product liability, safety, and recalls;
• Antitrust and Federal Trade Commission;
• Labor and employment; and
• Website, e-commerce, data privacy, and cybersecurity.

Freeborn’s Consumer Products Industry Team attorneys also are well connected across the consumer products landscape. The firm is an active member in groups that include the Juvenile Products Manufacturers Association; International Consumer Products Health and Safety Organization; Toy Association, Inc.; ASTM International; International Trademark Association; Brand Activation Association (formerly Promotion Marketing Association); and IRI Worldwide. The team’s attorneys also regularly share thought leadership with industry stakeholders through webinars, white papers, and other presentations provided for consumer products organizations.

Some highlights of the team’s recent successes for its consumer product manufacturer clients include:

• Counseling a consumer products manufacturer on evaluating incident reports, designing product testing protocols with engineering experts, and reporting to the U.S. Consumer Products Safety Commission including proposing a remediation plan.

• Successfully resolving allegations of false “Made in the USA” marketing claims on a toy manufacturer’s product packaging.

• Representing a leading children’s products manufacturer in a design patent lawsuit with a competitor, resulting in the preservation of the design patent and the competitor’s exit from the market for the protected product.

• Representing sporting equipment distributor-marketers seeking contribution for personal injury settlements from Taiwanese manufacturers and distributors of alleged defective equipment, including obtaining depositions and other discovery in Taiwan and successfully executing judgments against personal property in Taiwan.

The Consumer Products Industry Team is made up of the following Freeborn attorneys:

• Jeremy D. Richardson, Leader of the Consumer Products Industry Team and a Partner in the Intellectual Property and Litigation Practice Groups.
• David S. Becker, a Partner in the Intellectual Property and Litigation Practice Groups.
• Kimberly A. Beis, Co-Leader of the Intellectual Property Practice Group and Partner in the Litigation Practice Group.
• Stephen P. Benson, a Partner in the Intellectual Property and Litigation Practice Groups.
• Jeffrey J. Catalano, Co-Leader of the Intellectual Property Practice Group and Partner in the Litigation Practice Group
• Jennifer L. Fitzgerald, a Partner in the Intellectual Property and Litigation Practice Groups.
• Erin McAdams Franzblau, a Partner in the Labor and Employment, and Litigation Practice Groups.
• Rita W. Garry, Senior Counsel in the Corporate Practice Group.
• Andrew L. Goldstein, Senior Counsel in the Corporate and Intellectual Property Practice Groups.
• Kathryn T. Lundy, a Partner in the Labor and Employment, and Litigation Practice Groups.
• John T. Shapiro, a Partner in the Litigation Practice Group.
• Robert A. Stines, a Partner in the Litigation Practice Group.
• Marc B. Zimmerman, a Partner in the Labor and Employment, and Litigation Practice Groups.

More information about the Consumer Products Industry Team is available at https://www.freeborn.com/practice/consumer-products.




David Karceski Named to Baltimore Mayor-Elect Brandon Scott’s Transition Team

David Karceski, partner in the Venable State and Local Government Practice, was named to Baltimore Mayor-elect Brandon Scott’s transition team as part of the Committee for Housing & Neighborhood Development: Increasing Access to Affordable Housing. In this role, Mr. Karceski will work closely with the transition committee co-chair and steering committee to generate proposals for how to rebuild city government, and ensure functioning, equitable, and efficient operations for all of Baltimore’s residents.

Karceski concentrates his practice on real estate development and zoning and land use matters. He assists local, regional, and national clients in obtaining legislative, administrative, and regulatory approvals during all phases of real estate development and permitting in Baltimore City, Baltimore County, and other jurisdictions in Maryland. He has experience with transit-oriented developments, mixed-use town centers, industrial and office parks, institutional campus improvements, multifamily communities and residential subdivisions, and a variety of other projects.




Littler Expands to Brazil; Partners with Chiode Minicucci

Littler, the world’s largest employment and labor law practice representing management, is pleased to announce a new correspondent counsel relationship with Chiode Minicucci, a leading labor and employment law firm comprised of 18 attorneys in Brazil.

The Chiode Minicucci team will partner with all the members of Littler’s global platform, which now includes a presence in 12 markets in Latin America and more than 1,500 attorneys across 24 countries. Littler recently announced an expansion into Spain, a move that further enhanced both the firm’s European and Latin American capabilities – given the strong ties between the two regions.

Chiode Minicucci is led by partners Daniel Domingues Chiode and Marília Nascimento Minicucci and has professionals in São Paulo, Rio de Janeiro, Rio Grande do Sul and Brasília. The firm represents management in both individual and class action litigation before Brazil’s Regional Labor Courts, the Superior Labor Court and the Brazil Supreme Court. Chiode Minicucci also provides counsel on employment and labor law matters to companies in a variety of industries, including pharmaceutical, chemical, technology, aviation, insurance, infrastructure, energy and retail.

Chiode Minicucci and its attorneys have been recognized as leaders in labor and employment law by such organizations as Chambers & Partners, Análise 500 Advocacia, Legal 500 and Leaders League. The team will work closely with New York-based Littler shareholder Renata Neeser, a native of São Paulo who previously practiced in that city, in coordinating support of clients’ needs in Brazil.




14 Lawyers Disciplined on December List

The State Bar of Texas announced attorney discipline sanctions against 14 Texas attorneys on its December list, reports Mary Flood in Chron’s Houston Legal.

Two disbarments, one resignation, 10 suspensions and three public reprimands.

Read the article.




Top 25 Am Law Firm Hands Out Up to Six-Figure Bonuses for Associates — But People Are Still Mad

“Another day, another bonus match. That’s what the next few weeks are going to look like in the world of large law firms in the United States. There’s just one question to be asked: Will firms match the original Baker McKenzie bonus scale, without special bonuses, or the Cravath bonus scale, which includes special bonuses?” asks Staci Zaretsky in Above The Law’s Biglaw.

“Paul Hastings just announced its year-end bonuses, and of course the firm is including special bonuses. No firm as highly ranked and regarded would want to offer associates below-market compensation.”

Read the article.




Boyd Johnson To Rejoin WilmerHale From Soros Fund Management General Counsel Role

“WilmerHale is pleased to announce the return to the firm of Boyd Johnson as a partner and key member of the firm’s market-leading white-collar investigations and litigation practices,” as announced on WilmerHale’s Insights & News.

“Mr. Johnson, who before his very successful previous tenure at WilmerHale was the Deputy United States Attorney for the Southern District of New York, will rejoin the firm after serving as general counsel for Soros Fund Management (SFM), a leading private investment company.”

“With his extraordinary background as a former top federal prosecutor, a skilled private practitioner, and a general counsel, Mr. Johnson’s role at the firm will extend beyond white-collar and litigation matters and into WilmerHale’s financial institutions and transactional practices.”

Read the article.




‘Copyright Troll’ Richard Liebowitz Suspended from Manhattan Federal Court

“The grievance committee for the Southern District of New York has suspended Richard Liebowitz, a New York lawyer notorious for filing low-value copyright cases on behalf of photographers, from practicing law while it investigates charges against him,” reports Caroline Spiezio in Westlaw Today.

“The committee’s chair, U.S. District Court Judge Katherine Polk Failla, wrote in a Monday order that the interim suspension was needed to ‘protect the public’ because of Liebowitz’s ‘unwillingness to change despite 19 formal sanctions and scores of other admonishments and warnings from judges across the country.'”

“Liebowitz and his counsel, Brian Jacobs of Morvillo Abramowitz Grand Iason & Anello, did not immediately respond to request for comment on Tuesday.”

Read the article.




Former FINRA Associate Director Erica Gerson Returns to Steptoe

Steptoe & Johnson LLP is pleased to announce that Erica Gerson, a former associate director at the Financial Industry Regulatory Authority (FINRA), has re-joined the firm as a partner. Gerson, who previously practiced at the firm for nearly a decade as of counsel and associate, will be based in the Washington office.

Most recently at FINRA, Gerson served as associate director in the National Cause and Financial Crimes Detection Programs department. In that position, Gerson supervised investigations regarding violations of FINRA rules, federal securities laws and rules, and other financial crimes. She also advised officers at FINRA regarding the appropriate disposition of matters, and oversaw referral of matters to federal and state regulators. Prior to that position, Gerson served as senior counsel in FINRA’s Enforcement Department, where she represented FINRA in disciplinary actions and led investigations regarding securities fraud, supervisory failures, disclosure violations, and a variety of sales practice violations.

During her time at Steptoe, Gerson focused her practice on commercial litigation. She represented clients in litigation before federal and state courts and arbitration panels, and also conducted internal investigations. An active member of Steptoe’s pro bono program, Gerson represented foster parents in contested adoption cases and served on the advisory board of the Children’s Law Center.

Phil West, chair of Steptoe, commented: “Erica is a talented trial lawyer who has great courtroom skills and credibility. We saw that when she was first here at Steptoe, and more recently at FINRA she gained additional substantive knowledge of financial regulations and additional experience investigating and litigating cases under those regulations. Erica will be an excellent addition to our financial services and litigation practices, and we’re delighted to welcome her back to the firm.”

Gerson, a certified fraud examiner, earned her B.A. from the University of Maryland and her J.D., cum laude, from American University. Prior to joining Steptoe, she worked as a law clerk to Magistrate Judge Charles Day of the US District Court for the District of Maryland




Venable Launches Chicago Office and Adds Construction Law Group

CHICAGO – Venable LLP is pleased to announce that it is opening an office in Chicago with the addition of three Chicago-based partners and three associates who focus on construction law. These additions are accompanied by six construction law practitioners who have joined other Venable offices – three partners and two senior counsel in New York, and one partner in Washington, D.C.

Kenneth M. Roberts, Heidi Hennig Rowe, and Mark C. Friedlander, partners, and three associates, reside in the new Chicago office. James E. Frankel, Brian G. Lustbader, and Gary L. Rubin, partners, and Peter J. Kiernan and Sayward “Woody” Mazur, senior counsels, reside in the firm’s New York office. Amanda Schermer MacVey, a partner, resides in the firm’s Washington, D.C., office. Their professional achievements have consistently been recognized on the group and individual levels with such accolades as: consistent recognition as a premier practice by Chambers USA in its annual rankings, with six of the attorneys ranked as top lawyers by the publication in 2020; “Practice of the Year” from 2018-2020 by Law 360; national group recognition in 2020 by The Legal 500, and “Law Firm of the Year: Litigation – Construction” in 2020 by US News – Best Lawyers® Best Law Firms.

Roberts concentrates his practice in the field of construction law, project controls, and procurement contracts, particularly on behalf of owners in the energy industry and on government infrastructure projects. He is consulted on a daily basis by procurement and risk management departments concerning every aspect of planned or ongoing construction projects and is currently working on three mega-infrastructure projects.

Rowe, who has significant experience in contract drafting and the negotiation of design and construction contracts, handles more than a billion dollars in contracts on an annual basis for projects throughout the country.

Frankel focuses his practice on providing innovative front-end project structuring, transactional documentation, and contentious dispute resolution to the owner, architect, engineering, and construction communities.

Friedlander has consistently been at the forefront of construction and design law. He is widely recognized as one of the country’s leading pioneers in innovative project delivery structures.

Lustbader concentrates on construction contract drafting and negotiation; alternative dispute resolution, including mediation and arbitration; and general litigation. His negotiation skills allow him to provide maximum value to his clients during all phases of a construction project.

MacVey’s practice is focused on the representation of owners, design professionals, developers, and contractors throughout the construction process.

Rubin is a thoughtful strategist and forceful advocate who helps owners and contractors with a variety of construction law needs. His experience in litigation and alternative dispute resolution has cemented his reputation as a leader and innovator who understands the complex landscape.

Kiernan focuses on infrastructure development, construction, public law, public pension, public finance, and government relations. He spent more than 40 years in government service, private law practice, and real estate development and investment.

Mazur is a construction adviser, litigator, transaction lawyer, arbitrator-mediator, and appellate lawyer with more than four decades of experience providing counsel on virtually every aspect of private and public construction law.




Porzio Selected by Salem County to Conduct School District Consolidation Study

MORRISTOWN, NJ – Porzio, Bromberg & Newman P.C. (Porzio) is conducting a study to determine the financial, educational and demographic impact of converting all school districts within Salem County into a single, county-wide public school district. If such a plan were to move forward, it would be the first-of-its-kind in state history. The Salem County Board of Chosen Freeholders selected the Morristown-based law firm to conduct this precedential study.

Porzio has been selected by the Salem County Board of Chosen Freeholders to study whether switching to a single, county-wide public school district would be educationally and fiscally viable and beneficial for the communities of Salem County. The feasibility study, which is funded fully by a state grant, will determine the educational, demographic, and financial implications of reducing the County’s 14 school districts to one. The attorneys and experts will evaluate demographic and population trends, labor agreements with teachers and administrators, and programming and transportation.

In addition to Wright, the team working on the study includes firm managing principal and Education and Employment co-chair Vito A. Gagliardi, Jr. and Education Team member David C. Hespe, of counsel.

Gagliardi, who also serves as President and CEO of the firm’s subsidiaries, Porzio Life Sciences, Porzio Governmental Affairs and Porzio Compliance Services, represents school districts in numerous matters, and handles a range of employment law matters for public and private sector clients in state and federal courts and agencies, and before arbitrators. He has handled the only three regional school district dissolutions in New Jersey’s state history. Gagliardi’s work includes transforming K-6 and K-8 districts into K-12 districts, and he has been involved with the creation, expansion or severance of sending-receiving relationships including dual sending-receiving relationships, ultimately helping taxpayers in many communities save millions of dollars while developing more efficient and comprehensive school systems and negotiating financially beneficial agreements. Also, he is the Chairman of the New Jersey Law Revision Commission, which is tasked by the legislature with identifying areas of the law that require revision for clarification and simplification.

Wright brings significant experience representing and counseling school boards, charter schools, private schools and colleges. She is one of only a few professionals in the state who has worked to reconfigure school districts, including the creation and dissolution of regional school districts and the creation and termination of sending-receiving relationships. As an elected member of the Chester Board of Education in Morris County, Wright is serving in her fifth term. She served several years as the President of the Board, and currently serves as the Chair of the Board’s negotiation committee.

Hespe has been appointed twice as New Jersey’s Commissioner of Education, and is an accomplished policy leader with decades of experience throughout all levels of New Jersey and New York education matters. He handles education law matters for schools, school districts and higher education institutions, including personnel issues, student discipline, bullying, special-needs students, and litigation and other actions involving school policy. He counsels clients and education leaders on matters such as training, legislation, and strategic planning and governance.




134 Bradley Attorneys Named 2020 Mid-South Super Lawyers or Rising Stars

Bradley Arant Boult Cummings LLP is pleased to announce that 134 attorneys across the firm’s offices in Alabama, Mississippi and Tennessee were selected as 2020 Mid-South Super Lawyers or Rising Stars.

In addition, the following Bradley attorneys in Alabama, Mississippi and Tennessee were named to Top 50 or Top 100 Super Lawyers lists for 2020:

Top 50 Birmingham Super Lawyers

• Matthew H. Lembke (Appellate)
• Daniel F. Murphy (Health Care)

Top 50 Alabama Super Lawyers

• Matthew H. Lembke (Appellate)
• Daniel F. Murphy (Health Care)

Top 50 Mississippi Super Lawyers

• W. Wayne Drinkwater (Business Litigation)
• J. William Manuel (Business Litigation)
• Alan W. Perry (Business Litigation)
• William R. Purdy (Construction Litigation)

Top 50 Nashville Super Lawyers

• Russell B. Morgan (Business Litigation)
• William L. Norton III (Bankruptcy: Business)
• J. Thomas Trent Jr. (Real Estate)

Top 100 Tennessee Super Lawyers

• Lela M. Hollabaugh (Energy & Resources)
• Russell B. Morgan (Business Litigation)
• William L. Norton III (Bankruptcy: Business)
• J. Thomas Trent (Real Estate)

Top 50 Women Mid-South Super Lawyers

• Kimberly B. Martin (Personal Injury – Products: Defense)
• Leigh Anne Hodge (Personal Injury – Products: Defense)

The complete list of the firm’s attorneys recognized as 2020 Mid-South Super Lawyers or Rising Stars, organized by metropolitan market and office location, is provided below.

Birmingham

Mid-South Super Lawyers for 2020:

• Wendell Allen (Business Litigation)
• Jim Archibald (Construction Litigation)
• Marc James Ayers (Appellate)
• Jay Bender (Bankruptcy: Business)
• Dylan C. Black (Professional Liability: Defense)
• Paul P. Bolus (Insurance Coverage)
• Michael Brown (Land Use/Zoning)
• Beau Byrd (Real Estate)
• Jennifer Hoover Clark (Health Care)
• Keith Covington (Employment & Labor)
• William S. “Buddy” Cox III (Environmental)
• Michael S. Denniston (Antitrust Litigation)
• Jeffrey D. Dyess (IP Litigation)
• Linda A. Friedman (IP Litigation)
• James W. Gewin (Business Litigation)
• Chris Glenos (Bankruptcy: Business)
• Glenn E. Glover (Creditor Debtor Rights)
• John E. Goodman (Civil Litigation: Defense)
• John W. Hargrove (Employment & Labor)
• Judd A. Harwood (Health Care)
• Tripp Haston (Class Action)
• Christopher L. Hawkins (Bankruptcy: Business)
• Leigh Anne Hodge (Personal Injury – Products: Defense)
• David G. Hymer (Business Litigation)
• Andy Johnson (Personal Injury – Products: Defense)
• Joel M. Kuehnert (Environmental Litigation)
• Matthew H. Lembke (Appellate)
• Jack B. Levy (Health Care)
• Robert Maddox (Banking)
• Joseph B. Mays Jr. (Business Litigation)
• Justin T. McDonald (Personal Injury General: Defense)
• Jennifer J. McGahey (Business Litigation)
• Michael D. McKibben (Business Litigation)
• Matthew Miller (Employment & Labor)
• Richard H. Monk III (Business Litigation)
• Daniel F. Murphy (Health Care)
• Brian O’Dell (Real Estate)
• David W. Owen (Construction Litigation)
• Michael R. Pennington (Class Action)
• Mabry Rogers (Construction Litigation)
• Walter J. Sears III (Construction Litigation)
• Anne Marie Seibel (Business Litigation)
• Edward S. Sledge IV (General Litigation)
• John W. Smith T (Personal Injury – Products: Defense)
• Ethan T. Tidmore (Business Litigation)
• Brian Alexander Wahl (General Litigation)
• R. Thomas Warburton (General Litigation)
• John D. Watson (Business Litigation)
• Anne R. Yuengert (Employment & Labor)

Mid-South Rising Stars for 2020:

• Anne Knox Averitt (Civil Litigation: Defense)
• James Blake Bailey (Bankruptcy: Business)
• Nancy W. Ball (Estate & Probate)
• Stanley E. Blackmon (Appellate)
• Jason R. Bushby (Banking)
• Hillary Campbell (Business Litigation)
• Aaron Chastain (Appellate)
• Anna Craft (Business Litigation)
• Lee Gilley (Banking)
• Parker Griffin Jr. (Creditor Debtor Rights)
• Rudy Hill (Intellectual Property Litigation)
• Matthew A. Hinshaw (Business/Corporate)
• Riley Key (Banking)
• Jonathan R. Kolodziej (Banking)
• James E. Long Jr. (Tax)
• Luke D. Martin (Construction Litigation)
• Carly Miller (Construction Litigation)
• Grant A. Premo (Business Litigation)
• Thomas Richie (Class Action)
• Brad Robertson (Criminal Defense: White Collar)
• Ryan P. Robichaux (Government Relations)
• Christopher Selman (Construction Litigation)
• Michael A. Thomason Jr. (Mergers & Acquisitions)
• Darrell C. Tucker II (Personal Injury – Products: Defense)
• James L. Webb (Real Estate)
• James W. Wright Jr. (Banking)

Huntsville, Ala.

Mid-South Super Lawyers for 2020:

• Frank M. Caprio (Intellectual Property)
• Stephen H. Hall (Intellectual Property)
• Scott E. Ludwig (Business/Corporate)
• Kimberly B. Martin (Personal Injury – Products: Defense)
• Scott Burnett Smith (Appellate)

Mid-South Rising Star for 2020:

• Austin Hagood (Health Care)

Jackson, Miss.

Mid-South Super Lawyers for 2020:

• Michael J. Bentley (Appellate)
• Roy D. Campbell III (General Litigation)
• David W. Clark (Business Litigation)
• W. Rodney Clement (Real Estate)
• Margaret Oertling Cupples (Appellate)
• W. Wayne Drinkwater (Business Litigation)
• Ralph B. Germany Jr. (Construction Litigation)
• J. William Manuel (Business Litigation)
• Mary Clay W. Morgan (General Litigation)
• Alan W. Perry (Business Litigation)
• William R. Purdy (Construction Litigation)
• Joseph J. Stroble (Class Action)
• Stephen L. Thomas (General Litigation)
• Molly M. Walker (Personal Injury – Products: Defense)
• Clarence Webster III (Class Action)

Mid-South Rising Stars for 2020:

• Simon Bailey (Class Action)
• Erin D. Saltaformaggio (Business Litigation)
• Michael Casey Williams (Intellectual Property)

Montgomery, Ala.

Mid-South Super Lawyer for 2020:

• Charles Stewart (Business Litigation)

Mid-South Rising Star for 2020:

• Sarah Sutton Osborne (Civil Litigation: Defense)

Nashville, Tenn.

Mid-South Super Lawyers for 2020:

• Michael D. Brent (Health Care)
• Ann Peldo Cargile (Real Estate)
• George H. Cate III (Business Litigation)
• J. Greer Cummings Jr. (Real Estate)
• Joseph W. Gibbs (Tax)
• William F. Goodman III (Class Action)
• John R. Haynes (Real Estate)
• Lela Hollabaugh (Energy & Resources)
• Samuel D. Lipshie (Entertainment & Sports)
• Matthew C. Lonergan (Employment & Labor)
• Chuck Mataya (Employment & Labor)
• Russell B. Morgan (Business Litigation)
• John E. Murdock III (Mergers & Acquisition)
• Jim Murphy (Land Use/Zoning)
• Andrew J. Murray (Health Care)
• William L. Norton III (Bankruptcy: Business)
• Craig Oliver (Employment & Labor)
• Robert S. Patterson (Business Litigation)
• Todd Presnell (Business Litigation)
• Brooks R. Smith (Real Estate)
• David K. Taylor (Construction Litigation)
• J. Thomas Trent Jr. (Real Estate)
• Thor Y. Urness (Business Litigation)
• Robert E. Wood (Real Estate)

Mid-South Rising Stars for 2020:

• Jeffrey L. Allen (Entertainment & Sports)
• Caleb Barron (Employee Benefits)
• Katherine H. Blankenship (Construction Litigation)
• Brandon Bundren (Business Litigation)
• Marc Bussone (Employee Benefits)
• Lauren B. Jacques (Health Care)
• Alex McFall (Business Litigation)
• Fritz Spainhour (Business Litigation)
• D. Bryan Thomas (Construction Litigation)

Only the top 5% of lawyers in Alabama, Arkansas, Mississippi and Tennessee are named Mid-South Super Lawyers. No more than 2.5% of lawyers in these states are selected as Rising Stars, who must be 40 years old or younger or have been in practice for 10 or fewer years. Published by Thomson Reuters, Super Lawyers determines its rankings through independent research, peer nominations and peer evaluations. The Mid-South Super Lawyers and Rising Stars lists are published in Mid-South Super Lawyers Magazine and in supplements in various regional publications, as well as distributed to attorneys and ABA-accredited law school libraries.




Wyatt, Tarrant & Combs Names First Female Chair, Forecasts ‘Bullish’ 2021

“Just before the coronavirus outbreak pushed pause on our regular daily lives, Wyatt, Tarrant & Combs named its first female executive committee chair in Cynthia ‘Cindy’ Young,” reports Sarah Shadburne in Louisville Business First’s Professional Services.

“Young, whose practice revolves around mergers and acquisitions, securities transactions and advising public and private clients on corporate and insurance matters, said that while law has a reputation for being a male-dominated industry, she’s seeing women rise to the top every day.”

Read the article.




Labor and Employment Lawyers Play Musical Chairs; Littler in the Hot Seat

“Amid a flurry of fresh lateral moves among labor and employment lawyers, one of the leading L&E firms is facing a lawsuit tied to hires it made several years ago from an industry group that counts many of its clients as members,” report Arriana McLymore and Sara Merken in Reuters’ Employment.

“Law firms have been grabbing labor and employment lawyers at a fast clip the past several weeks, with hires at Blank Rome, Ogletree Deakins, Dentons and Kaufman, Dolowich & Voluck.”

Read the article.




Hyundai, Kia Agree to $210M U.S. Auto Safety Civil Penalty

“Hyundai Motor Co and Kia Motors’ U.S. units on Friday agreed to a record $210 million civil penalty after U.S. auto safety regulators said they failed to recall 1.6 million vehicles for engine issues in a timely fashion,” reports David Shepardson in Reuters’ Autos.

“Hyundai agreed to a total civil penalty of $140 million, including an upfront payment of $54 million, an obligation to spend $40 million on safety performance measures, and an additional $46 million deferred penalty if it does not meet requirements.”

Read the article.




Cooley Remains #1 Most Active Global Firm for Deals

“PitchBook has again ranked Cooley as the #1 most active global law firm for all deals in its Q3 2020 Global League Tables – marking the second consecutive quarter Cooley has earned the top spot,” posts Cooley in their News.

“Across all deal types, Cooley was credited with 339 disclosable deals last quarter, representing more than $30 billion in combined deal value. The data also confirms Cooley as the #1 most active law firm in the US and globally for venture capital and #1 in venture capital deals across multiple sector categories, including pharma and biotech, healthcare systems and services and IT hardware, and US regional categories, including the West Coast, mid-Atlantic, mountain, south and Great Lakes. The firm is also #1 for late-stage deals and #1 for all company-side deals in the US and globally.”

Read the article.




Virginia’s Clean Energy Transition

“From a fossil-fuel friendly state with only a small renewables presence, Virginia went to one with a mandatory schedule for phasing out fossil fuels by 2050, participation in a regional carbon market and some of the highest renewables targets in the nation,” writes Saray Vogelsong in Virginia Mercury’s Energy + Environment.

“Much of this transition will occur under the aegis of the Virginia Clean Economy Act, a law described by Sigora Solar policy chief and Solar Energy Industries Association board member Karla Loeb as “the single largest shift in energy policy as it relates to the electricity sector that’s ever been achieved in any state.” But that law wasn’t the only major clean energy legislation to get the General Assembly’s stamp of approval. Other measures sought to give local governments more power in negotiating permits with large-scale solar developers, to give apartment-dwellers access to solar and to pump money into low-income energy efficiency efforts. ”

Read the article.




Unexpected Side Effect: Breach of Contract Claims Related to COVID-19 Commissions

“Now in its 29th week, the Barnes & Thornburg Wage & Hour Practice Group’s COVID-19 related workplace litigation tracker has now analyzed 605 complaints filed across the United States, in 12 different categories. This week’s spotlight is on a category of COVID-19 related workplace complaints that have arisen in the context of businesses seeing increased revenue as a result of the pandemic,” post Caroline Dickey, Anthony K. Glenn, Mark Wallin and Peter J. Wozniak in Barnes & Thornburg’s Employment Law Blog Currents.

“Two such cases were brought by commission-based employees working in sectors of the economy that have experienced a boost in demand due to the pandemic: healthcare and sales of cleaning products. In both cases, the employees allege they earned large commissions in the first half of 2020 due to pandemic-related revenue, but that their employers have refused to give them their proper share of the windfall.”

Read the article.




Agreed to a Data Processing Addendum that Complied with the CCPA? Will a New Addendum Be Needed?

“It depends,” advises David A. Zetoony in The National Law Review.

“To the extent that a service provider agreement, or a data processing addendum, already prohibits a service provider from ‘disclosing’ personal information for ‘any purpose’ other than what is specified in the agreement, and the agreement does not specify that the service provider can sell or share information for targeted advertising, it’s not clear that the agreement would need to be amended to specifically state that in addition to not disclosing personal information the service provider may not sell or share it (as selling or sharing would be a form of disclosure). To the extent, however, that an agreement that was drafted under the CCPA prohibited the general disclosure of personal information, but specified that, notwithstanding the general prohibition, a service provider could share it for cross-context advertising, the agreement might need to be amended to prohibit such disclosures in order to make clear that any transfer of information is being done on behalf of the business.

Read the article.




Coronavirus/COVID-19 Pandemic: Impact on Commercial Contracts

“In cases where the COVID-19 virus or government measures have interfered with commercial contracts, it is necessary to carefully analyze the state of affairs to determine the appropriate remedy. This article briefly summarizes the legal situation for commercial contracts affected by the COVID-19 pandemic in the United States and in other common law countries (UK, Hong Kong and Singapore),” writes Kanz from DLA Piper Global Law Firm in Lexology.

“Force majeure clauses are contractual provisions that may excuse a party’s non-performance when circumstances beyond the control of a party prevent performance. New York courts have held that force majeure clauses are to be interpreted in a narrow sense and that performance under a contract is ordinarily excused only if the event preventing performance is explicitly mentioned in the force majeure clause. The wording of the force majeure clause thus determines whether the COVID-19 pandemic is covered by the clause.”

Read the article.




Bradley’s Construction Practice Group Named a 2020 ‘Practice Group of The Year’ By Law360

Bradley Arant Boult Cummings LLP is pleased to announce that the firm’s Construction Practice Group was named among Law360’s 2020 Practice Groups of the Year, one of only five firms in the nation to receive this honor.

Law360’s annual Practice Group of the Year awards honor law firm practice groups that have accomplished the most significant litigation wins or deals over the past year. This year’s honorees were selected from more than 800 submissions.

Bradley was named the “Law Firm of the Year” for Construction Law in the 2020 and 2018 editions of U.S. News & World Report – Best Lawyers “Best Law Firms. This is the first time Bradley’s Construction Practice Group has been recognized among Law360’s Practice Groups of the Year.

From initial contract negotiation and bid preparation to project close-out and dispute resolution, Bradley’s Construction Practice Group has handled every aspect of large-scale construction projects across the country and around the world. The team’s broad experience comes from their hands-on approach to managing both the business and legal challenges their clients face every day. Bradley’s construction lawyers have advised clients on projects in the United States, Canada, and Mexico, as well as more than 35 countries across Europe, Asia, Africa, Australia, the Middle East, the Caribbean, and South America. They are devoted to spending time onsite at projects and engaging with clients face-to-face on matters as they develop. Many of the firm’s construction attorneys have degrees in engineering, building science or architecture and have previous practical experience working in the construction industry.