“It’s been almost one week since Baker McKenzie unexpectedly kicked off Biglaw’s 2020 bonus season, and the announcement has been met with crickets. To be honest, no one thought Baker of all firms would be the one to make the first move, and based on associates’ responses to our annual bonus and billable hours survey, no one really thought this year’s bonus scale would be announced as early as it was due to the ongoing pandemic. Thirty-four percent of our respondents think a big bonus announcement will drop sometime this week, while 33 percent think it will come next week. As a reminder, last year, bonuses were announced on November 7, and the year before that, bonuses were announced just before Thanksgiving, in the second to last week of November,” reports Staci Zaretsky in Above the Law’s Biglaw.

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“Despite 2020 being an unprecedented and challenging year for business, the government has not slowed down its record-breaking enforcement actions,” discuss Tiffany N. Bracewell, Abigail A. Hazlett and Christen Tuttle in Troutman Pepper’s Insights.

“In late October, the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) announced a $3.3 billion settlement with banking giant Goldman Sachs for violations of the Foreign Corrupt Practices Act (FCPA) — shattering Airbus SE’s $2.09 billion record breaker from only February. Goldman became the first American company to hold the top spot in more than a decade. Pursuant to a deferred prosecution agreement and a subsidiary’s guilty plea, Goldman admitted to using a third-party intermediary to bribe high-ranking government officials in Malaysia and the Emirate of Abu Dhabi, ultimately resulting in $6.5 billion in underwriting business for the firm. Notably, that scheme was detected — and objected to — by Goldman’s compliance organization, to no avail.”

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Sidley is proud to announce that Human Rights Initiative of North Texas (HRI) honored the firm with its “Law Firm Angel of Freedom” award. The award celebrates the law firms, institutions, and individuals that help people fleeing violence find safety in the Dallas community. Sidley earned the award for contributing more than 650 pro bono hours to HRI in the past year, more than any of the other firms HRI partnered with in 2020.

For more than 20 years, HRI has provided legal and critical social services for immigrant survivors of human rights abuses from all over the world. Sidley shares in HRI’s commitment and provides pro bono legal services to asylum-seeking immigrants and refugees fleeing persecution abroad.

Earlier this year, lawyers from Sidley’s office in Dallas, working on a pro bono basis with HRI and AT&T, secured permanent asylum for a Burundian journalist and Red Cross employee who had been tortured and marked for death after being linked to the country’s political opposition. The action ended a nearly five-year ordeal for the woman and her three children that spanned four countries and three separate attacks.

The Sidley team included David Sillers and Daniel Driscoll along with Sarita Prabhu from AT&T, and William Holston and Pilar Ferguson with HRI.

Sidley also recently partnered with JPMorgan Chase to secure asylum in the United States for a Tutsi mother from Burundi and her three children. After years of abuse by high-ranking members of the Hutu-run military, which culminated in abduction and torture, our client fled to the U.S. and applied for asylum with the help of Sidley and JPMorgan Chase. The initial application was denied and Sidley appealed to the immigration court. Sidley argued for, and obtained, a merits hearing to be set within two months of our client’s first appearance in immigration court — timing that is unprecedented. After more than two hours on the stand, the judge rendered a decision on the spot — granting both our client and her three children asylum.

The Sidley team included Christopher Gleason, Margaret Allen, Tiffanie Limbrick, Barret Armbruster, and Michael Roberts, who worked closely with JPMorgan Chase’s Kimberly McVey to achieve this successful result for the client and her children.

“Tru Kids Brands, the parent of Toys‘R’Us and Babies‘R’Us created in January 2019, has hired Anand Shah as general counsel,” reports Ben Maiden in Corporate Secretary’s Appointments.

“Shah most recently worked as assistant general counsel for North America at chocolate company Ferrero, where he advised the business on issues such as acquisitions, e-commerce, retail operations, manufacturing, supply chain, financings and litigation.”

“Before that he was corporate counsel at Toys‘R’Us from 2012 to 2017. In that role he was responsible for global corporate governance, negotiating and implementing strategic partnerships and supporting financing activities and licensing transactions.”

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FTI Consulting, Inc. provided its findings for the “Technology segment’s second annual study of corporate legal departments, in partnership with Relativity. Based on a detailed survey and one-on-one interviews by Ari Kaplan with chief legal officers at companies of all sizes, The General Counsel Report 2021: Rising to Today’s Challenges and Building Resilience for the Future, outlines the elevated responsibilities general counsel have taken on amid the pandemic and current social climate,” posted FTI Consulting.

“Notably, the majority of respondents indicated moderate to significant difficulties in navigating today’s top challenges, including widely dispersed workforces, emerging data types, technology adoption and tackling diversity, equity and inclusion. The report shares the strategies counsel are implementing to overcome these and other issues, establish resiliency for the future and adjust to the changing demands of their role.”

Read the article for their key findings.

“Schiff Hardin, a firm that brought in $186,437,000 gross revenue in 2019, ranking 158th on the Am Law 200. If you recall, back in April, the firm instituted some of the largest associate pay cuts we’d heard about during the coronavirus crisis. While the majority of attorneys saw a 15 percent compensation cut, certain practice areas took an astonishing 50 percent hit. Staff making $100,000+ were also subject to up to a 15 percent cut, and the firm also laid off some staff members,” reports Staci Zaretsky in Above the Law’s Biglaw.

“After months of suffering, all of this bad news is finally coming to and end.”

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“Two Littler Mendelson lawyers are accused in a lawsuit of misappropriating a ‘voluminous amount’ of a nonprofit’s password-protected intellectual property,” reports Debra Cassens Weiss in ABA Journal’s News.

The lawsuit says “the lawyers misappropriated more than 2,100 pages of content over a period of 17 months.”

“The material includes memoranda, templates, checklists, guides and other resources produced exclusively for the group’s members. Law firms cannot be members of the center, which advises employers on workplace law.”

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Perkins Coie is pleased to announce that Neal A. Fisher Jr. has joined the firm’s expanding Labor & Employment practice as a partner in the Los Angeles office. Fisher is the ninth addition to the national practice since July 2019, the most recent being Chris Wilkinson and Sarah Flotte in Washington, D.C., and Chicago, respectively.

Fisher focuses on a wide variety of employment litigation matters on behalf of employers in class action and single plaintiff cases. He represents employers in cases involving wage-and-hour issues, wrongful terminations, discrimination, and harassment. In addition to litigation, Fisher guides clients through alternative dispute resolutions and provides counsel on employment policy matters including hiring, disciplinary issues, firings, leaves of absence, and workforce restructurings.

Fisher received his J.D. from Georgetown University Law Center and his B.A., magna cum laude, from Georgetown University. Fisher joins Perkins Coie from Davis Wright Tremaine.

The International Association of Defense Counsel (IADC) has announced that Melissa Fried Spence, a member at Nexsen Pruet in Charleston, South Carolina, has accepted an invitation to join the IADC, the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests.

Spence focuses her practice in labor and employment law. She has represented employers in state and federal court against lawsuits arising under Title VII, ADA, ADEA, FMLA, and the FLSA. She also represents employers before the Equal Employment Opportunity Commission and the South Carolina Human Affairs Commission.

Spence serves as the general counsel on the board for the Palmetto Society for Human Resource and Management and as the newsletter coordinator for the employment and labor law section of the South Carolina Bar. She is a member of the South Carolina Women Lawyers Association and Federal Bar Association, and recently received the Charleston Regional Business Journal’s “Forty Under 40” award.

Spence received her J.D. (cum laude) from Charleston School of Law and her Bachelor of Arts (magna cum laude) from Wofford College.

Bradley Arant Boult Cummings LLP is pleased to announce that Jason Walters, a partner in the firm’s Birmingham office, was elected as the 2021 secretary-treasurer of the Association of Life Insurance Counsel (ALIC), serving in the position for the fifth consecutive year.

Founded in 1913, ALIC is the premier association for life insurance counsel. It exists to enhance the legal representation of the life insurance industry by fostering community and scholarship among its members. ALIC members serve life insurance companies and their stockholders, policyholders and broader constituencies.

A member of Bradley’s Litigation and Insurance practice groups, Walters is a life, health and disability insurance litigator, serving as lead counsel for multiple Fortune 500 insurance and financial services companies in class actions, individual litigation, and arbitration. He has defended cases involving all types of life insurance, annuities, long-term disability, cancer, critical illness, long-term care, and major medical insurance policies, including actions involving group policies governed by ERISA. He regularly defends cases with claims of bad faith, fraud, agent theft, violation of consumer protection statutes, annuity suitability, breach of fiduciary duty, ERISA violations, rescission, and, of course, breach of contract.

Walters is actively involved in a variety of insurance industry organizations. In addition to his role with ALIC, he also belongs to the American Bar Association’s Tort Trial and Insurance Practice Section and the DRI Life, Health and Disability Committee. Walters is a frequent speaker at insurance industry events.

Industry insiders believe the spotlight afforded by COVID-19-related shutdowns and restrictions will generate increased investment and deal activity for esports in the near term. Yet, as the third annual Esports Survey Report shows, even esports isn’t immune to the pandemic’s effects.

Conducted by law firm Foley & Lardner LLP and The Esports Observer – and based on responses from hundreds of executives involved in esports – the report identifies the opportunities and challenges ahead for this young industry. While concerns remain about match-fixing and cheating, along with myriad legal risks, strong revenue and viewership numbers in 2020 appear to have given executives confidence that esports is on solid footing and that the industry is well-equipped to navigate these issues.

Key takeaways from the report include:

Growth and Investment

The majority of survey respondents (73%) believe the pandemic will lead to more investment and deal activity in esports over the next six months (Q4 2020 and Q1 2021). More than half cite the drivers of this trend as: continued social distancing boosting engagement with video games and esports (61%), the growth of online streaming platforms (61%), and the increased movement of big brands into esports sponsorships (52%).

At the same time, those who expect a decrease in investment over the same time period cite the top challenge facing esports as the inability to hold large in-person events (77%), followed by declines in advertising and sponsorships (65%). The results also suggest some reluctance from investors hit hard by the downturn to inject further capital into esports. For instance, the percentage of respondents who expect increased investment from private equity and venture capital firms dropped from 47% in the 2019 survey to 40% in 2020.

Gambling and Match-Fixing

With traditional professional sports largely on pause, the early months of the pandemic saw a rapid escalation in the approval of gambling on esports matches by major betting regulators – thereby opening another potential revenue stream for the industry.

However, there remains some skepticism from regulators and bookmakers about the risks involved in taking bets on esports. When respondents were asked what poses the greatest threat to the esports betting market, the top choice was a lack of adequate detection systems and monitoring tools for fraud and cheating (46%). In addition, 75% believe that match-fixing and cheating pose a significant threat to the legitimacy and growth of esports.

Legal Risks

As was the case in 2019, respondents view intellectual property (IP) and licensing (48%) and cybersecurity (41%) as the legal issues posing the most risk to the esports industry; however, they both dropped by about 10 percentage points from last year’s survey. In addition, most respondents (60%) feel that the control a small number of game developers have over esports – and the potential for these parties to exert their IP rights – is a barrier to the industry’s growth and development.

Meanwhile, there is increasing sentiment that labor and employment issues pose a significant risk to the industry (38% cite this as a concern in 2020, up from 31% in 2019). The specific employment law issues that respondents identified as important include: Management of players under the age of 18 (68%), providing proper employee benefits (53%), and contract disputes/renegotiation as players increasingly assert their rights (47%). Respondents also identified a range of actions they feel the esports industry should take to increase the representation and equitable treatment of women in esports.

Esports and Traditional Professional Sports

In an increasingly virtual world, traditional professional sports executives and organizations are looking to esports for new ways of leveraging technology and engaging with fans.

When asked how traditional professional sports may focus on digital technologies amid the rise of esports and the ongoing pandemic, the top responses included: Using digital technologies to provide fans with more direct interaction and engagement (64%), incorporating new technologies into broadcasts (54%), and hosting tournaments in which traditional professional sports players compete in simulated games (54%).

The 2020 Esports Survey was completed by 255 professionals primarily based in the United States and Europe. Respondents included esports and traditional professional sports teams and leagues, technology developers, media companies and agencies. To read the complete report and methodology, please click here.

Read the survey report.

Ball Janik LLP, a construction defect and property damage law firm with offices in Florida and Oregon, is pleased to announce the addition of Elijah C. Waring, Jr. to the firm as an associate in its Miami office. The addition of Waring is part of the firm’s continued growth and commitment to its clients.

Waring brings several years of legal experience to the firm. Prior to joining Ball Janik, Waring provided general and complex litigation to corporations involving premises liability, product liability, negligent security, wrongful death, and multidistrict litigation.

At Ball Janik, Waring works in the firm’s Construction Defect and Litigation practice groups where he represents owners and community associations in construction defect claims.

Waring graduated from Kennesaw State University with a degree in political science and legal studies. He received his JD degree from the University of Miami School of Law, where he competed as a member of the Charles C. Papy, Jr. Moot Court Board and the Miami Law Trial Team. Waring also served as a judicial intern to the Honorable R. Fred Lewis in the Florida Supreme Court, and later as a legal fellow in the University of Miami School of Law Health Rights Clinic. He is a member of the Florida Bar Association Young Lawyers Division.

Akerman LLP, a top 100 U.S. law firm serving clients across the Americas, is pleased to announce that William P. Heller has been appointed as JFI Medical LLC’s Chief Legal Advisor. JFI Medical is a group of nationally accomplished African American physicians and professionals dedicated to developing strategies for affording underserved communities access to premium medical products and services.

Heller has over 25 years of experience in financial-related litigation, compliance and regulatory enforcement, and chairs Akerman’s Consumer Financial Services Practice Group and Coronavirus Task Force. Heller and Akerman will help the JFI Medical team navigate complex legal issues along the way to reaching its goals. Heller will also serve on JFI Medical’s Management Board.

JFI Medical was founded by Chief Executive Officer and international trade expert Jerry Lacy. Dr. Brian E. Coleman, a nationally recognized orthopedic surgeon, is the company’s Chief Medical Officer. Dr. Coleman’s extensive patient care experience aligns with JFI Medical’s focal initiative—facilitating the equitable distribution of high-end medical goods and services to all communities. Identifying aggressive coronavirus response strategies is an immediate objective.

As the pandemic wears on, the 3rd Annual Esports Survey, conducted by Foley & Lardner LLP and The Esports Observer, draws on responses from hundreds of executives to explore perceptions on the current state of esports and what lies ahead at a crucial moment in its evolution.

See the survey results.

“Joia Johnson, chief administrative officer, general counsel and corporate secretary of Winston-Salem, North Carolina-based HanesBrands, plans to retire, effective May 2021,” reports HanesBrands in their Newsroom.

“HanesBrands is conducting an internal and external search for her replacement, according to the company.”

“Johnson joined NYSE-listed HanesBrands as chief legal officer, general counsel and corporate secretary in 2007. She took up her present role in 2016, and has responsibility for legal, CSR, government affairs, real estate and human resources.”

Read the article.

“On Sunday, November 8, 2020, the Biden-Harris team updated its transition website to highlight four priorities: COVID-19, economic recovery, racial equity, and climate change,” reports Ivo J. Becica in Obermayer’s HR Legalist.

“While workplace issues are not explicitly included in the transition plan, and the campaign itself has focused more on the pandemic and the economy, the Biden campaign has certainly not been silent about labor and employment issues. In a series of blogs over the next several months, HR Legalist will outline some of the biggest issues for employers to watch over this transition period.”

“The Biden-Harris campaign website includes an aggressive multi-pronged platform for changes to labor and employment law across the country …”

Read the article.

“Numerous reports have Guitar Center prepping for a bankruptcy filing, and many within the musical instrument industry feared the worst. Visions of music and audio gear manufacturers getting pennies on the dollar for their accounts receivables brought out the cold sweats from many of the smaller ones that might not have survived under those circumstances. Even worse would have been a contracted GC with fewer brick and mortar stores than its current 269. If all goes well, those fears can be put aside, according to several sources,” reports Bobby Owsinski in Forbes’ Hollywood & Entertainment.

“Reportedly, the plan is for the company to restructure its more than $1.3 billion debt and carry on with business as usual at the store level. Vendors and employees will continue to be paid and no stores will be closed. Of course, things could change by the time the actual filing happens, but should it go as reported, gear manufacturers and employees alike will breathe a huge sigh of relief.”

Read the article.

“Another day, another Biglaw firm that’s reversing its COVID-19 austerity measures,” reports Staci Zaretsky in Above the Law’s Biglaw.

“This time, the good news is coming from Taft Law (formerly known as Taft Stettinius & Hollister). If you recall, back in April, the firm decided to reduce partner draws by 25 percent, leaving compensation for staff, associates, and of counsel attorneys intact. At the same time, the firm laid off 1.4 percent of its attorneys and 3.5 percent of its staff. We’ve been told that the firm’s partners received a treat for Halloween instead of a trick, because all of their pay was restored in full in October.”

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“Consumers have come to expect — indeed, to welcome — automatically renewing contracts. That is true now more than ever, as the regular replenishment of certain household goods has gone from being a matter of convenience to a matter of survival,” write Michael P. Daly, Matthew J. Adler and Antoinette Snodgrass in Faegre Drinker’s Insights.

“Yet the regulation of such contracts has become Balkanized by byzantine state automatic renewal laws (ARLs). Dozens of ARLs across the country impose overlapping and sometimes conflicting conditions on, for example, how terms must be disclosed, how consent must be obtained and how termination must be permitted. While some statutes apply only to certain kinds of contracts, the recent trend has been to sweep more and more contracts within their scope. And not surprisingly, the plaintiffs’ bar has responded by invoking — and sometimes distorting — the broadest and most comprehensive ARLs in a growing number of consumer class actions.”

“On November 11, 2020, New York joined the growing list of states with a sweeping ARL that could give rise to such suits. Bill S1475A — which was just signed into law by Governor Cuomo — is a dramatic departure from New York’s original ARL. Indeed, it adopts many of the features of California’s ARL, which is one of the most onerous ARLs in the country, and which has been the subject of considerable class action litigation. The new ARL will take effect in February 2021. Below, we briefly discuss New York’s original ARL and the new law.”

Read the article.