“The Arizona lawyer who helped an ex-mobster orchestrate the failure of a nationwide chain of Toby Keith restaurants was sentenced Monday to six months in prison,” reports Robert Anglen in azcentral’s Investigations.
“Gregory McClure also must repay $1.3 million he admitted stealing, as part of his deal to cooperate with federal prosecutors. They are going after his former employer on fraud charges.”

“McClure, during the hour-long court hearing, told Arizona U.S. District Court Judge G. Murray Snow he was ‘ashamed and embarrassed’ by his conduct.”

Read the article.

Rusty Hardin has been named a Texas Legal Legend by the Litigation Section of the State Bar of Texas. This honor is reserved for those attorneys who, after decades of practice, have shown a commitment not only for their profession, but also for giving back to their local communities.

Mr. Hardin began his career more than 45 years ago, serving as a high-level prosecutor in the Harris County District Attorney’s office. He entered private practice in 1991, and since then has tried over 100 jury trials in areas ranging from Commercial Litigation to Criminal Defense. He’s previously held several leadership positions on committees for the State Bar of Texas as well as on the faculty of numerous public and professional organizations and is frequently invited to speak to national and regional bar associations and business groups.

In receiving this honor, Mr. Hardin joins a long list of distinguished attorneys, including James “Jim” Coleman, Joe Jamail, Carolyn Wright-Sanders, and Lloyd P. Lockridge.

Learn more

Orlando, Florida — For the second year in a row, RumbergerKirk will host a series of workshops for Florida A&M University (FAMU) College of Law students during the 2020-2021 academic year. The RumbergerKirk Professional Development Series will move to a virtual format and will feature five workshops designed to help prepare the next generation of leaders for the ever-changing legal industry.

The workshop series kicks off Thursday, Sept. 24, 2020 with a presentation on “Taking the Bar Exam and Bar Admissions Process,” presented by Richard Greenberg, Partner; Michaela Kim, Associate; and Sara Lewis, Associate.

RumbergerKirk has assembled a group of presenters for the workshops that will be conducted via Zoom, including partners, associates and professionals from the firm, as well as local judges and other legal experts. Several of the workshops will feature breakout sessions and polling questions to ensure a more interactive and engaging experience for the law students.

The additional RumbergerKirk Professional Development Series workshop topics are:
• October 22, 2020 – Associate Life: What to Expect Your First Three Years, presented by Jason Bullinger, Associate; Vaughn Glinton, Associate; and Christian Tiblier, Associate.
• November 5, 2020 – Courtroom Etiquette and Professionalism, presented by Suzanne Hill, Partner; Judge Bob LeBlanc, Ninth Judicial Circuit; and Judge Margie Schreiber, Ninth Judicial Circuit.
• January 7, 2021 – Interviewing Skills, presented by Angela Sterley, Human Resources Director
• February 4, 2021 – Taking Depositions, presented by Skip Eubanks, Partner; Darryl Gavin, Partner; and Shenele Pettis Bright, Associate.

For more information email Hammond.

Sidley Austin LLP is pleased to announce that Eric Winwood has joined the firm as a partner in its Dallas office. He will be a member of Sidley’s Employee Benefits and Executive Compensation practice and the leader of the firm’s Dallas Tax, Employee Benefits and Executive Compensation group. Previously, Winwood was an employee benefits and executive compensation partner with Baker Botts LLP and a member of its Oil and Gas M&A team.

Winwood is a Chambers-ranked practitioner who advises clients on compensation and benefits matters, including those associated with domestic and international M&A and private equity transactions, spinoffs, and joint ventures. He has significant experience in the energy sector. Winwood also frequently advises on fiduciary, prohibited transactions, and plan assets matters in connection with establishing, operating, and investing in private equity funds, joint ventures, and other investments.

Winwood’s arrival follows closely that of notable airline and aviation partner Bart Biggers, and continues the expansion of the firm’s corporate capabilities in Texas.

Akerman LLP, a top 100 U.S. law firm serving clients across the Americas, is growing its national Litigation Practice Group with partners Sarah Kroll-Rosenbaum and Sayaka Karitani in Los Angeles.

Sarah Kroll-Rosenbaum
Kroll-Rosenbaum’s practice focuses on defending companies in complex litigation. Over the last four years, she has led the defense of nearly a dozen temporary healthcare staffing companies in class, collective, and representative actions attacking the industry’s business model. In these cases, and others, Kroll-Rosenbaum has argued extensively in California state and federal courts, including the U.S. Ninth Circuit Court of Appeals. Kroll-Rosenbaum has also contributed to significant sports litigation cases, including the defense of several antitrust and FLSA cases on behalf of the NCAA and the Pac-12 challenging bylaws that prevent college athletes from being paid to play. She has also represented Major League Baseball, including defense of its antitrust exemption through the Ninth Circuit.

Sayaka Karitani
Karitani represents companies in all aspects of litigation in state and federal courts, and in arbitration. She has a significant focus in complex class, collective, and representative actions including consumer class actions. Karitani’s practice also encompasses various other types of litigation, including misappropriation of trade secrets, unfair competition, franchise disputes under the Petroleum Marketing Practices Act, and other franchisor/franchisee, real estate, and commercial contractual disputes. She has represented clients in a wide range of industries, including health care staffing, logistics, telecommunications, oil & gas, healthcare, higher education, construction, manufacturing, technology and entrepreneurial ventures, transportation, and hospitality.

“Bayer AG has settled thousands of U.S. Roundup weed killer lawsuits as part of an $11 billion settlement, reaching deals with the only lawyers who took cases to trial over allegations the herbicide caused cancer,” reports Tom Hals in Insurance Journal.

“In letters filed with U.S. District Court in San Francisco late on Monday, three lawyers said they had reached binding settlements.”

“The agreements covered 15,000 lawsuits, according to attorneys familiar with the talks, bringing the resolved cases to about 45,000. Bayer has estimated it faces 125,000 filed and un-filed claims over Roundup.”

Read the article.

“The changes brought about by evolutions in renewable energy technologies, and in some cases aggravated by the impacts of COVID-19, are likely to up-end traditional relationships between different forms of energy and the customers that use them. These changes are significantly impacting not just competitors, but their contract counter-parties, the risks they face, their credit-worthiness and their customers,” posts Mark Sundback in SheppardMullin’s Electrical Power.

“Renewable generation equipment’s cost continues to decline. Output from solar and wind is available at $0 short-term incremental dispatch cost. Battery research is identifying ways to lengthen the duration of output from that form of storage, and to lower its cost. But the location of renewable assets is not necessarily the same as the location of conventional thermal generation facilities, which typically have been located adjacent to sources of large amounts of water.”

Read the article.

“A former district attorney in Mississippi’s largest county is now representing some people he once prosecuted, court documents show,” reports Beaumont Enterprise’s News.

“Robert Shuler Smith did not seek reelection last year in Hinds County. He told WLBT-TV that he sees no conflict of interest. But the current district attorney, Jody Owens, is seeking to have Smith removed from one case.”

“Smith represents Prince Johnson, who was indicted by Hinds County grand jury in 2017 on eight counts of prescription fraud.”

“Owens recently filed a motion seeking to disqualify Smith from the Johnson case, saying state law and Mississippi Ethics Commission opinions show Smith should not represent people he once tried.”

Read the article

“Five former Nixon Peabody partners allege that their former law firm tried to punish them for jumping to DLA Piper by trying to claw back bonuses and withholding money in support of the effort,” summarizes Debra Cassens Weiss in ABA Journal’s Law Firms.

“Their mediation petition, filed Tuesday in New York state court, claims that Nixon Peabody’s bonus clawback provision restricts partners from practicing law where they choose. As a result, the provision is unenforceable under New York law, the petition says.”

“The partners resigned from Nixon Peabody in June 2019, the same month their bonuses for fiscal year 2018 were paid in full, the petition says. The partners each were awarded a bonus of $100,000 or more for fiscal year 2018, which ended Jan. 31, 2019. Nixon Peabody did not allow the partners to begin work at their new firm until July 16, 2019, according to the petition.”

Read the article.

“The Penn Mutual Life Insurance Company (Penn Mutual), a Fortune 1000 company, announced the promotion of Frank Best to General Counsel, Insurance and Corporate Secretary and the promotion of Ann-Marie Mason to General Counsel, Asset Management and Broker/Dealer. These newly-created positions provide increased focus on specific areas of the organization and strengthen the company’s approach to providing legal guidance and support to corporate and field offices,” posts Penn Mutual in their press releases.

“Best will be responsible for all legal matters associated with the Penn Mutual family of insurance companies. Throughout his 46-year career with the Penn Mutual Law Department, Best has been recognized as a true subject matter expert.”

“Mason will be responsible for all legal matters related to wholly-owned subsidiaries Penn Mutual Asset Management and HTK. Mason joined Penn Mutual in 2019 as Vice President and Head of Shared Services—Enterprise Compliance after 11 years with FINRA where she rose to the role of Vice President and Counsel. At FINRA she served as a key source of legal and regulatory expertise on subject matters affecting Registered Investment Advisers and Broker Dealers. She also exclusively handled all of FINRA’s high impact, expedited litigation matters.”

Read the article.

“In American Association of Motorcycle Injury Lawyers Inc. v. HP3 Law LLC et al., an Arizona-based legal trade association, which held trademark rights in the name ‘Law Tigers’, sued an Illinois law firm that was using the nickname ‘TigerLaw,'” reposted from Law360.com by Tyler Maulsby and Kimberly Maynard in Frankfurt Kurnit Klein + Selz’ blog.

“The Law Tigers argued that the Illinois firm’s name was confusingly similar and therefore infringed their trademark rights. This is by no means the first law firm trademark dispute.”

“Earlier this year, a law firm called Thrive IP sued another firm operating under the name Thrive Law, in Stipkala & Klosowski LLC v. Thrive Law PA. In Florida, a federal judge denied a law firm’s request for a preliminary injunction in a trademark lawsuit, Simon et al. v. Nicholson Injury Law PA et al., against a competitor firm over the use of the phrase ‘Simon Says.’ And in Florida, Texas and Colorado, law firms are arguing over the rights to use certain words or phrases in their branding and advertising.”

Read the article.

“Your product development team spent years designing a product, working out every design detail until it is just right. Your company spent significant time and money marketing the product, shoring up a great reputation for the product and the company that stands behind it. Then, a copycat comes along with a knockoff and starts selling a product that looks eerily similar—or even identical—to yours. When your customers search online for your long-developed and lauded product, the knockoff appears, and at a fraction of the price. You are certainly surprised, and likely dismayed,” write Gary A. Abelev and Gregory Miller in Hunton Andrews Kurth’s blog.

“What can be done to remedy this very unfortunate situation? One possibility is to contact the online search engine or third party retailer, which may have protocols to address such issues. However, without intellectual property (IP) protection for your product, very few remedies are available.”

Read the article.

“The early stages of a legal dispute are often marked by the exchange of demand letters. While they typically receive less attention than formal legal filings, demand letters warrant careful strategic consideration to accomplish desired objectives and to avoid any potential pitfalls.” Jacquelyn S. Celender and Jeffrey P. Richter briefly discuss five points to consider when drafting a pre-litigation demand letter in K&L Gates’ Hub:

1. Clearly state the nature of your demand
2. Stick to the facts and avoid inflammatory language
3. Consider the applicable ethical constraints
4. Follow the requirements of any applicable contracts or statutes
5. Understand the applicable scope of privilege

Read the article.

Lowenstein Sandler is pleased to announce that Rossie E. Turman III has joined the firm as Chair of its International Finance practice. Turman will be an integral part of the firm’s Debt Financing group and The Tech Group. He joins Lowenstein’s New York office after 21 years at Skadden, Arps, Slate, Meagher & Flom LLP, where he was a partner for the last 12 years. Turman has been awarded several honors, including being named the Metropolitan Black Bar Association of New York City’s “Private Practitioner of the Year” and one of Savoy magazine’s “Most Influential Black Lawyers.”

His global practice focuses on complex business transactions and financings, including equity capital raising, debt financing, mergers and acquisitions, and joint ventures throughout the Americas, Asia, and the EMEA region, including in over 20 African countries. Turman has a comprehensive understanding of how to navigate and conduct business across international borders and execute transactions across language and cultural differences. For years, he has served as counsel on numerous matters in Africa, including advising public and private entities, governments, parastatals, NGOs, and individual investors. Turman will be leading Lowenstein’s efforts with respect to companies and funds located in and doing business with Africa. He has also actively engaged in civic endeavors and supported several charities on the African continent for nearly three decades.

Turman has extensive leveraged finance experience involving syndicated loans, out-of-court and Chapter 11 reorganizations, acquisition financings, leveraged buyouts, bridge loans, asset-backed loans, subscription facilities, receivables facilities, convertible debt, private placements, and equity-enhanced structures. He has served a broad range of industries, including financial services, technology, pharmaceuticals, consumer retail, insurance, hospitality, health services, and natural resources.

Turman will work closely with the firm’s market-leading Tech Group in the representation of growth companies, especially (but not exclusively) those based in emerging-market economies that have interests in the United States, as well as with the firm’s Investment Management group in its growing representation of diverse fund managers.

An active mentor for attorneys of color across the legal profession, Turman serves on the Boards of the Council of Urban Professionals and the Lawyers’ Committee for Civil Rights Under Law. He has previously served on the Board of United Way of New York City, the Trustee Board of Abyssinian Baptist Church, and the Vance Center for International Justice (Africa Subcommittee). He has a J.D. from Columbia University School of Law (where he was a Harlan Fiske Stone Scholar) and a B.S. from Arizona State University (where he served as Student Body President).

Americor welcomed its “newest team member, Nima Vahdat, as EVP General Counsel & Chief Compliance Officer. He will be responsible for all legal affairs for the company and advise regarding compliance with applicable laws and regulations,” reports Americor on Cision PRWeb.

“Nima J. Vahdat served as General Counsel and Chief Compliance Officer for Impac Mortgage Holdings, Inc. In that position, he oversaw all Legal, Compliance and Human Resource activities for the organization. Prior to his time at Impac, Nima was SVP, Associate General Counsel for loanDepot overseeing origination compliance, fair lending, and fraud/AML activities for the organization.”

“In his career, Nima has worked in legal and compliance at organizations including Discover and Washington Mutual. Nima received his law degree from the University of Michigan, his MBA from California State University, Fullerton, and is also a Certified Mortgage Banker.”

Read the article.

“The Securities and Exchange Commission today announced an award of more than $10 million to a whistleblower whose information and assistance were of crucial importance to a successful SEC enforcement action,” posted on the U.S. Securities and Exchange Commission’s Press Release.

“The SEC has awarded approximately $520 million to 94 individuals since issuing its first award in 2012. All payments are made out of an investor protection fund established by Congress that is financed entirely through monetary sanctions paid to the SEC by securities law violators. No money has been taken or withheld from harmed investors to pay whistleblower awards. Whistleblowers may be eligible for an award when they voluntarily provide the SEC with original, timely, and credible information that leads to a successful enforcement action. Whistleblower awards can range from 10-30% of the money collected when the monetary sanctions exceed $1 million.”

Read the article.

“Magistrate Judge Joseph A. Dickson of the United States District Court for the District of New Jersey, has preliminarily approved a class action settlement reached between Defendants BASF Catalysts, LLC (“BASF”) and Cahill Gordon & Reindel LLP (“Cahill”) and Plaintiffs to resolve claims relating to prior Emtal Talc litigation by creating a non-reversionary fund of $72.5 million to pay up to 19,000 potential claimants and agreeing to pay fees and other expenses as described in the Settlement Agreement,” reported by the Emtal Talc Settlement Notice Agent in The Central Virginian.

“Emtal Talc was used in the manufacturing of industrial products … The settlement resolves a class action lawsuit in which Plaintiffs claim that from 1984 until 2009 Engelhard (BASF acquired Engelhard in 2006), its former national law firm Cahill, and employees of the two companies, made misstatements or concealed evidence about the existence of alleged asbestos in Emtal Talc and failed to disclose related information to plaintiffs, their lawyers, and courts in the Underlying Lawsuits.”

Read the article.

“Approximately 1,000 former ITT Tech students in South Carolina were part of a $330 million settlement for debt relief after a lawsuit against the for-profit school,” reports Tony Fortier-Bensen in ABC 4 News.

“Attorney General Alan Wilson said the 1,000 South Carolina students were able to receive $8.6 million. Across the nation, 35,000 students will share $330 million.”

“According to a press release, the settlement is with PEAKS Trust, a private loan program run by the college. ITT Tech filed for bankruptcy in 2016 after investigations into their federal student aid.”

Read the article.

Experienced Dallas attorney’s practice incorporates family wealth and business advisory services

DALLAS – Estate planning and probate attorney Jake Pollack has joined the Dallas office of Shackelford, Bowen, McKinley & Norton, LLP.

Pollack’s practice includes wills, trusts and estates, wealth planning and preservation, business succession planning, legacy planning, and probate and estate administration. His practice also includes business administration and transactions. He joins the firm from Bell Nunnally & Martin LLP.

The addition of Pollack is just the latest for Shackelford. In the past two months, the firm has added 12 entertainment, construction litigation, intellectual property, M&A, commercial litigation and transactional attorneys in Texas and Tennessee.

An Accredited Estate Planner with the National Association of Estate Planners & Councils, Pollack regularly assists clients in sophisticated estate planning, family-owned business transactions and estate and trust litigation. He works with clients to protect their assets and business interests; prepare for death, disability, and financial crisis; avoid unnecessary taxation; and maximize business and financial opportunities. He was recognized among the Best Lawyers in Dallas by D Magazine in 2018.

He is a former Chair of the Ronald McDonald House of Dallas board of directors and member of the Children’s Medical Center Foundation board of directors.

Shackelford, Bowen, McKinley & Norton, LLP is a full-service law firm with attorneys and offices in Dallas, Houston, Frisco, Fort Worth, and Austin, Texas; Nashville, Tennessee; and Baton Rouge, Louisiana. Learn more about the firm at http://www.shackelford.law.