“To stop the spread of the COVID-19 (Coronavirus) pandemic governments closed ports and ‘non-essential businesses’, restricted travel and imposed ‘lockdowns’ or ‘stay-at-home’ orders. In cases where the COVID-19 pandemic or government measures disrupt commercial contracts, it is necessary to carefully analyze the state of affairs to determine the appropriate remedy. A considerable number of articles have already been written on contracts affected by the COVID-19 pandemic, and now it is time to summarize the legal situation for commercial contracts in the most important jurisdictions in a nutshell. This article therefore addresses legal remedies for commercial contracts affected by COVID-19, under the laws of common law countries (UK, Hong Kong and Singapore), Germany, France, Switzerland, United States and the CISG, which are commonly applicable to commercial contracts,” details Franz Kaps from DLA Piper.

Read the article.

“Many businesses include an arbitration clause in their contracts,” discusses Mark Cohen in Lawyers.com.

“An arbitration clause prohibits the disgruntled party (often your customer or business partner) from filing suit against your company. Instead, the unhappy party must commence an arbitration action with the arbitrator specified in the contract, if it specifies one at all. Many contracts require arbitration through the American Arbitration Association (AAA).”

“One reason some businesses include an arbitration clause in their contracts is their belief that by removing a party’s right to sue and forcing that party to initiate costly arbitration, you will deter that party from pursuing claims against you. An arbitration clause may deter some small claims, but it likely won’t deter a party asserting a claim for significant damages.”

Read the article.

“One of the noteworthy moments of the recent Presidential campaign came in the candidates’ last debate, when Vice President Biden” commented that he would transition away from the oil industry and that it has to be replaced by renewable energy over time,” discuss Scott H. Segal, Liam P. Donovan, John Lee, Anna Burhop, Christine G. Wyman, George D. Felcyn, Jeffrey R. Holmstead, Timothy J. Urban, Joshua C. Zive, Paul Nathanson, and Edward D. Krenik in Bracewell’s Insights.

“While much was made of that remark, the term ‘transition’ was an unmistakable reference to specific language in his campaign’s July energy plan calling for a net-zero carbon economy by 2050, coupled with an intermediate net-zero commitment for the power sector by 2035. While reasonable minds may differ as to whether those goals are achievable without major technological breakthroughs or robust use of offset mechanisms (or both), the language of a ‘transition over time’ is familiar. Echoes of such a transition can be found in the climate policies of oil & gas and power sector companies and in policy debates happening in the halls of major trade associations.”

Read the article.

Bradley Arant Boult Cummings LLP is pleased to announce that Clarence Webster III, counsel in the firm’s Jackson office, has been appointed to the Mississippi Bar Complaint Tribunal. Appointed by the Mississippi Supreme Court, Mr. Webster will begin serving a three-year term on January 1, 2021.

The Complaint Tribunal is comprised of nine judges and 18 lawyers selected by the Mississippi Supreme Court. Members hear and decide disciplinary matters arising out of complaints against attorneys. The Complaint Tribunal sits in panels of three, with each panel comprised of two attorneys and one judge.

A member of Bradley’s Litigation Practice Group, Webster represents a broad range of legal clients in complex commercial, product liability and mass torts, real estate, labor and employment and financial services litigation in federal and state courts across the U.S. He has participated in audits and investigations by state agencies and the Department of Labor; provided guidance and recommendations regarding employment decisions; drafted employee contracts, employee handbooks and corporate bylaws; and overseen employment litigation as outside general counsel.

Webster serves as the editor of the Mississippi Lawyer and as a member of the Mississippi Bar Association’s Ethics Committee. He previously served as chair of the Mississippi Bar’s Litigation Section’s Executive Committee and as a member of the Strategic Planning Committee. He is also vice president for the Capital Area Bar Association and a member of the Magnolia Bar, for which he served as membership chair.

Bradley Arant Boult Cummings LLP is pleased to announce that Connie Lewis Lensing, counsel in the firm’s Nashville office, has been named the 2020 Outstanding Volunteer Fundraiser by the Association of Fundraising Professionals (AFP) Memphis Chapter.

As a member of Bradley’s Litigation Practice Group, Lensing has extensive experience handling litigation defense and prevention, as well as domestic employment matters. She previously served as senior vice president in the legal department at FedEx Express, where she was responsible for all U.S. and U.S. Virgin Islands litigation, including all employment, commercial, benefits, class actions, wage and hour, antitrust, government actions, and Equal Employment Opportunity Commission charges in the U.S. She also led the Employment, Environmental, Risk Management and Compliance groups and was responsible for litigation avoidance.

Lensing currently serves as co-chair of the Board of Directors and as chair of the Executive Committee of the U.S. Chamber of Commerce’s Institute for Legal Reform, which is the Chamber’s primary policy advocacy body. In addition, she is a member of the Board of Directors and Executive Committee of the National Civil Rights Museum. She previously served as a member of the Board of Directors and Executive Committee and as secretary-treasurer of Lawyers for Civil Justice.

AFP is the professional association of individuals responsible for generating philanthropic support for a wide variety of nonprofit, charitable organizations. The Memphis Chapter was founded in 1985 and currently represents over 150 members.

The International Association of Defense Counsel (IADC) has announced that Christopher D. Morris, an attorney at Butler Snow LLP in Ridgeland, Mississippi, has accepted an invitation to join the IADC, the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests.

Morris defends pharmaceutical and medical device manufacturers in mass tort and individual cases in various state and federal venues throughout the country.

Morris received his J.D. (cum laude) from the University of Mississippi School of Law and his Bachelor of Arts (magna cum laude) from the University of Memphis.

Blank Rome LLP is pleased to announce that William J. Anthony has joined the Firm’s New York office as a partner in the Labor & Employment and Class Action Defense groups. Anthony joins Blank Rome from Jackson Lewis P.C. where he served in several high-level leadership roles, including firm co-chair (2019‒2020), board member (2005‒2020), and the Hartford office managing principal (2000‒2008). In addition, Will launched and led the firm’s Class Actions and Complex Litigation group and grew it into one of the largest U.S. class action practices. Anthony also established and led Jackson Lewis’ seminal diversity committee, coordinating strategic initiatives and advancing the firm’s diversity and inclusion efforts, particularly through recruiting.

Anthony focuses his labor and employment practice on the strategic defense of class, collective, and multi-party actions, including a broad spectrum of federal and state law wage and hour claims. He has successfully defended against a wide range of wage and hour claims, claims under the Fair Credit Reporting Act, and discrimination statutes. In addition, Anthony represents organizations in single-plaintiff cases alleging discrimination, harassment, wrongful termination, and breach of contract.

He has litigated cases in over fifteen states and has trial experience in Connecticut, New Jersey, Tennessee, Pennsylvania, and Montana. His trial experience includes defense of class, collective, and single plaintiff actions before juries, judges, and arbitrators. Anthony has extensive experience advising clients on the full range of employment law issues and provides training on management skills, discrimination, harassment, and wage and hour laws. He is a frequent speaker on employment law topics in front of a broad range of live and remote audiences.

Anthony earned his J.D. from Boston University, and his B.A. from Hamilton College. He served as past president of the Connecticut Lawyers Collaborate for Diversity and received the Hartford Business Journal’s 2010 Leadership in Diversity Award.

Tru Kids Brands™, parent of the Toys”R”Us® brand announced the appointment of Anand Shah as General Counsel, through Cision PR Newswire.

“Anand Shah returns bringing a wealth of experience in the retail and consumer products industries, as well as a deep understanding of the Toys”R”Us brand and its global footprint. As Corporate Counsel at Toys”R”Us from 2012 to 2017, Anand was responsible for global corporate governance, negotiating and implementing strategic partnerships, and supporting financing activities and licensing transactions. Most recently, he served as Assistant General Counsel-North America for Ferrero, where he counseled and advised the business on all aspects of its North American operations, including acquisitions, e-commerce, retail operations, manufacturing, supply chain, financings and litigation. From 2007 to 2012, Anand was a corporate attorney with Morgan, Lewis & Bockius LLP focusing on mergers and acquisitions and capital markets transactions.”

Read the article.

Revlon released that enough bondholders had taken part in its debt restructuring program for the cosmetics maker to stave off bankruptcy.

The company warned that it may be forced to file for chapter 11 bankruptcy protection if a certain amount of its bonds worth $342.8 million were still outstanding by mid-November, as it would trigger the accelerated repayment of other debts.

Holders of about $236 million, or 68.8%, of the company’s outstanding bonds that mature in February had been tendered into an exchange offer by the end of Tuesday.

Read the article.

“Two influencers allegedly teamed up with nearly a dozen third-party sellers to advertise, promote and facilitate the sale of counterfeit luxury goods on Amazon, according to a lawsuit the company filed Thursday,” reports Annie Palmer in CNBC’s Tech.

“Amazon accused Kelly Fitzpatrick and Sabrina Kelly-Krejci of using Instagram, Facebook and TikTok accounts, as well as their personal websites, to promote counterfeit products being sold on Amazon. The suit, which was filed in U.S. District Court for the Western District of Washington, also names 11 individuals and businesses based in the U.S. and China that allegedly listed the counterfeit products on Amazon.”

Read the article.

“Purdue Pharma’s massive settlement over claims that it helped spark the opioid crisis is facing pushback in federal court, creating a potential stumbling block for the landmark deal,” reports Bloomberg in the Los Angeles Times’ Business.

“Purdue has agreed to plead guilty to three felonies and pay $8.3 billion to settle federal investigations of how it marketed the painkiller OxyContin. But the deal violates bankruptcy rules because it locks in details of Purdue’s future and forces the hand of other creditors, according to court papers filed by a group of U.S. states and bankruptcy professors.”

“States and cities suing Purdue have been in talks with the bankrupt pharmaceutical giant for months over how to settle thousands of opioid lawsuits. The settlement with the U.S. Department of Justice unveiled last month dictates that Purdue will be repurposed as a public trust after it emerges from bankruptcy, which creditors haven’t agreed to.”

Read the article.

Bradley Arant Boult Cummings LLP is pleased to announce that Brook V. Robertson has joined the firm’s Birmingham office as an associate in the Real Estate Practice Group.

Robertson assists clients in various commercial matters, including the acquisition, development and disposition of property and assets and complex commercial real estate transactions. Robertson works on both syndicated and non-syndicated loans. She also has experience representing banking and financial services clients in litigation matters.

Robertson earned her J.D. (cum laude) from Cumberland School of Law at Samford University and her Bachelor of Arts (magna cum laude) from Auburn University.

Hanzo, the company known for its pioneering technology in dynamic web content preservation from enterprise collaboration applications, complex websites, and social media, today announced being selected to receive a grant from the Sustainable Innovation Fund with Innovate UK to extend its flagship Hanzo Hold product to address workplace risk.

COVID-19 has accelerated existing trends to both ‘work from home’ and ‘work anywhere’. Hanzo’s project aims to reduce information security and HR risks created by inappropriate staff behaviour on collaboration platforms.

The adoption of collaboration tools such as Slack is fundamentally changing the way people interact with one another. However, even after employees return to traditional offices, the use of collaboration platforms will continue (as will the risk of abuse) including both IT and behavioural risks.

‘Working from anywhere’ usually means taking hardware, and the information on that hardware, outside of the controlled environment of an office. This increases the risk that data may leak from an organization. This can include intellectual property, such as patent applications or embargoed press releases, as well as personal information, including financial details and national insurance numbers of employees.

Moreover, without proper policies and monitoring, online communications between employees can change how they interact with each other, potentially creating space for communications that could be considered discriminatory, racist, or harassing in nature. These communications unchecked can contribute to a hostile work environment and create risk for the organisation.

Aidan Randle Conde, Lead Data Scientist at Hanzo, commented, “Collaboration platforms lack powerful built-in capabilities for advanced content analysis. Analysis of collaboration content over time can help identify atypical patterns of behaviour. These can then be quickly assessed to determine if subsequent actions are warranted to protect employees and organisations, and support safe work environments that might include workplace training, policy enforcement, or further investigation.”

Innovate UK, as part of UK Research and Innovation, is investing up to £191 million to fund single and collaborative research and development projects as part of the Sustainable Innovation Fund over the next two years. The aim of these competitions is to help all sectors of the UK rebuild after the effects of COVID-19.

The Sustainable Innovation Fund is funding 1,103 projects, 1189 UK businesses, and totalling over £130 million in support across the UK.

Hanzo recognises that we live in an interconnected world, with many organisations working in multiple nations and jurisdictions. As the world becomes more connected, economies become more intertwined globally, and large organisations increase their reach into new markets. Although the innovation funding is British, its impact reaches far beyond the borders of the UK.

Hanzo is in a uniquely strong position to meet the needs of businesses that use Slack and other enterprise platforms. Hanzo has always been a remote-first company, and we want to help other companies find the benefits of working remotely while mitigating against possible risks.

Learn more about Hanzo’s project.

“The United States Patent and Trademark Office (USPTO) today announced the appointment of David L. Berdan as its new General Counsel,” released United States Patent and Trademark Office in News and Updates.

“As General Counsel, Mr. Berdan will serve as the principal legal advisor to the Under Secretary of Commerce for Intellectual Property and Director of the USPTO. Mr. Berdan will also supervise the Office of General Counsel and its three component offices: the Office of the Solicitor, the Office of General Law, and the Office of Enrollment and Discipline.”

Read the article.

“Milwaukee Bucks guard Sterling Brown has agreed to a $750,000 settlement with the city of Milwaukee, nearly three years after he was tased by an officer during a run-in with police over a parking violation, court documents show,” report Justin Carissimo and Victoria Albert in CBS News.

“The settlement will also require the city to admit that Brown’s constitutional rights were violated and to commit to implementing changes to the police department. Brown on Friday signed the settlement agreement, which still needs the city council’s approval. City Attorney Tearman Spencer recommended the settlement on Wednesday.”

“On January 26, 2018, a police officer approached Brown after he illegally parked across two handicap spots, officials said. Several officers arrived at the scene and a struggle ensued. Video of the arrest showed officers taking Brown to the ground and shocking him with a Taser.”

Read the article.

“The Federal Trade Commission reached a settlement with Zoom to resolve allegations that the company engaged in misleading security practices. The use of the videoconferencing platform skyrocketed during the pandemic, particularly in the healthcare and education sectors, which spotlighted its security risks,” reports Jessica Davis in Health IT Security’s Cybersecurity News.

“The settlement requires Zoom to establish and implement a comprehensive security program and prohibits the vendor from misrepresenting its privacy and security, as well as other ‘detailed and specific relief to protect its user base.'”

“The Commission’s complaint alleges that Zoom made misrepresentations regarding the strength of its security features and implemented a software update that circumvented a browser security feature,” according to the FTC majority statement. “The proposed order provides immediate and important relief to consumers, addressing this conduct.”

Read the article.

“A Swiss bank implicated in FIFA corruption investigations said Monday it has agreed to a settlement in principle with the US Department of Justice and set aside $79.7 million to pay expected fines,” reports The Associated Press in First Posts’ Sports.

“Zurich-based Julius Baer said the agreement sees the bank ‘entering into a three-year deferred prosecution agreement’ and financial settlement to be charged against its accounts for 2020.”

The bank has cooperated with American authorities since 2015, when a sprawling investigation of corruption in international football was unsealed.”

“In 2017, a former banker with Julius Baer pleaded guilty in federal court in New York for his part in managing accounts that laundered bribes for South American football officials. They included Julio Grondona, who was FIFA’s former senior vice president and finance committee chairman when he died in 2014.”

Read the article.