Turner Padget is pleased to announce the addition of Abigail “Abby” Bray as an associate in its Insurance Coverage & Bad Faith practice in Columbia. Bray represents insurers, including policyholders and carriers, with guidance on claims management, conducting examinations under oath, prosecuting and defending judgment actions, defending bad faith suits, and representing carriers in both administrative and executive matters. She has previous career experience as an insurance coverage investigator.

Bray previously clerked for the South Carolina House of Representatives Labor, Commerce and Industry Committee. While in law school, she served as an editorial staff member and later a research editor for the ABA Real Property, Trust and Estate Journal. Bray was also a member of Women in Law and the Student Bar Association. She received the Center for Computer-Assisted Legal Instruction (CALI) Award for Topics in Insurance.

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

Managing shareholder Chad Baruch named to Top 100 lists in DFW and Texas 

DALLAS – All of the attorneys at Dallas law firm Johnston Tobey Baruch have been named to the list of Texas Super Lawyers for 2020, including Randy Johnston, Robert Tobey, Chad Baruch and Coyt Johnston. 

In addition, Baruch, who serves as the firm’s managing shareholder, was named to Top 100 lists in Texas and the Dallas-Fort Worth area for his appellate work. 

Johnston is known as one of the state’s foremost authorities on issues of legal ethics and handles cases involving professional malpractice. Tobey is a trial lawyer who currently serves as president of the Dallas Bar Association. Baruch is certified in Civil Appellate Law by the Texas Board of Legal Specialization and has served on the State Bar of Texas Board of Directors. A repeat Super Lawyers honoree, trial lawyer Coyt Johnston was recognized by Thomson Reuters in 2018 as being among the top 100 up-and-coming lawyers in Texas. 

Texas Super Lawyers, which is owned by Thomson Reuters, uses a patented process to name attorneys to the list, beginning with peer nominations and independent research. A blue-ribbon panel performs a review and then creates a final list made up of no more than 5 percent of a state’s lawyers. The complete list of Texas Super Lawyers is published in the November issues of Super Lawyers magazine and Texas Monthly. 

This is just the latest honor for the attorneys at Johnson Tobey Baruch, who most recently were named to the list of Best Lawyers in America for 2021.  

Arent Fox is pleased to announce the expansion of its Fashion & Retail practice with the addition of Partner James Williams in Los Angeles. Williams is a nationally-recognized advisor in the Textile, Apparel, and Luxury Goods industry with two decades of experience as a corporate lawyer, strategic advisor, and global fashion CEO. He focuses on M&A, corporate finance, formation, and governance for consumer brands and private equity.

Williams joins the firm from TRAUB, one of the world’s pre-eminent fashion/retail-focused management consulting firms where he served as Managing Director and was responsible for leading the US West Coast consulting practice. Williams has extensive experience managing financial and strategic crises for brands ranging from startups to global household names and he routinely acts as personal strategic counsel to CEOs, fund managers, and LPs.

Arent Fox’s Fashion & Retail attorneys act as outside general counsel and regulatory and retail counsel for a number of well-known designer brands, including Diane von Furstenberg, Jimmy Choo, Christian Louboutin, Lacoste, Hugo Boss, Diesel, Fila, Marni, YSL, Balenciaga, Benetton, Escada, and Victoria’s Secret. The group announced earlier this year that it was guiding Valentino and Amazon through joint litigation and has been pioneering retail law during the pandemic for many of the US’s top brands.

Williams’ Experience
• Most recently, Williams was the Managing Director at TRAUB where he led the US West Coast consulting practice of one of the country’s pre-eminent consumer brand
• Before joining TRAUB, Williams led bohemian fashion brand, Planet Blue, growing the company from a local retailer to a global brand sold in over 100 countries, with more than 1 million subscribers, and ultimately selling the company to a private equity group in 2017.
• At Planet Blue, Williams was both the Chairman and Chief Executive Officer, in addition to serving as CEO of Planet Blue’s Tokyo-based joint venture with Sanei International, one of Japan’s largest vertical apparel enterprises.
• Williams came to Planet Blue from Loeb & Loeb, where he served a corporate law partner and chair of the firm’s fashion practice group.

Education: Williams received his JD from the Southwestern University School of Law and his BA from the University of California.

HOUSTON, TX — Kim Law Firm founder John H. Kim is being recognized as a 2021 Litigation Star by the publishers of Benchmark Litigation for his work in commercial litigation and product liability and recall. This is his fifth time to be named to the highly selective list.

Based in Houston, Kim is a seasoned and respected civil trial lawyer who handles high-stakes litigation for international corporations and individual clients. Earlier this year, Kim was hired on the eve of trial and obtained a take-nothing verdict in bet-the-company litigation that had sought over $17 million in damages plus punitive damages.

Kim has been a member of the Planning Committee of the Center for Legal Responsibility, Texas Bar Foundation – Life Fellow, Texas Trial Lawyers Association Board of Directors, Houston Trial Lawyers – Board of Directors, Asian-American Bar Association – Board of Directors, and State Bar Grievance Committee. He has been part of the faculty for the ABOTA National Trial College at Harvard and Yale.

Four Rusty Hardin & Associates Attorneys Selected to
2020 List of Texas Super Lawyers

Firm founder Rusty Hardin earns repeat recognition as a Top 100 Lawyer

HOUSTON – Four Houston trial lawyers from Rusty Hardin & Associates, LLP have been selected by the publishers of Thomson Reuters for inclusion in the 2020 list of Texas Super Lawyers. This year, honoree and firm founder Rusty Hardin received repeat recognition for his work in business litigation and was named a Top 100 Lawyer in both Texas and Houston.

Hardin has been on the annual list of Texas Super Lawyers since 2003. With more than 45 years of experience in both civil and criminal matters, his exceptional trial skills have led to numerous honors throughout his career. In June of this year, the Litigation Section of the State Bar of Texas inducted Mr. Hardin as its newest Texas Legal Legend – a prestigious award reserved for attorneys who have shown a commitment not only for their profession, but also for giving back to their local communities.

Joining Hardin on the 2020 Texas Super Lawyers list are firm partners Lara Hollingsworth, Terry D. Kernell and Joe Roden. Recognized for appellate law, this is Roden’s 11th consecutive year to be selected and Ms. Hollingsworth’s first. Their colleague Kernell also earned consecutive selection for his work in business litigation and has been named a Texas Super Lawyer since 2008.

Super Lawyers is a rating service for outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, independent research and evaluation of candidates, and peer reviews by practice area.

The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.

Houston trial attorneys David Bissinger, Jason Williams named among top business litigators in state 

HOUSTON – Trial lawyers David Bissinger and Jason Williams, co-founders of Houston-based Bissinger, Oshman & Williams LLP, have been selected to the 2020 Texas Super Lawyers’ listing of the state’s top business litigators.

The Texas Super Lawyers legal guide is published annually by Thomson Reuters in Texas Monthly and Super Lawyers magazines. Selection is limited to no more than 5 percent of Texas attorneys and is based on a statewide survey of lawyers and extensive editorial review.

Bissinger’s practice focuses on energy and technology, trade secrets and noncompete disputes, corporate fiduciary, executive compensation, banking, real estate litigation, and securities. His practice also includes work as an arbitrator in commercial disputes. This is his 12th Super Lawyers selection. In addition, his work has earned Best Lawyers in America recognition, and he was selected to America’s Top 100 High Stakes Litigators in 2019 and 2020.

Williams is a mechanical engineer whose trial practice focuses on technology, energy trading and marketing, trade secrets and noncompete disputes, corporate fiduciary, securities, and construction litigation. In addition to Super Lawyers, he has previously earned Best Lawyers in America recognition.

Bissinger and Williams have each served as chairman of the Houston Bar Association’s Securities Litigation and Arbitration Section. Williams is a former co-chair of the Houston Bar Association’s LegalLine Committee and currently serves on the board of Houston Achievement Place. 

 Lyons & Simmons founding partner earns Texas Super Lawyers accolades

DALLAS – Michael Lyons, co-founder of the trial firm Lyons & Simmons, LLP, has earned recognition among the Top 100 attorneys in Dallas-Fort Worth in the 2020 edition of Texas Super Lawyers.

Lyons earned additional recognition among the state’s leading plaintiffs lawyers for general personal injury litigation. Selection is based on a statewide survey of lawyers and extensive review by the editorial staff of Super Lawyers. The honor comes on the heels of Lyons & Simmons’ recognition as the top personal injury law firm in Dallas by the readers of Texas Lawyer magazine.

With that reputation for achieving remarkable results, clients nationwide rely on Lyons’ aggressive representation in cases involving life-altering personal injury or wrongful death. He also has a proven record of outstanding results in significant, high-exposure business litigation.

In addition to Super Lawyers, Lyons’ work has earned accolades from The Best Lawyers in America, Lawdragon 500, the National Law Journal, and D Magazine. A member of both the Million Dollar and Multi-Million Dollar Advocates Forums, Lyons is also a Lifetime Achievement member of America’s Top 100 Attorneys for Texas.

Earlier this year, Simmons was selected for a fourth consecutive year among the top 100 attorneys in the state by Texas Rising Stars. A companion to Super Lawyers, the Rising Stars guide recognizes the state’s most accomplished attorneys age 40 or younger or who have been in practice for 10 years or less. Both Simmons and firm associate Stephen Higdon also were recognized among the top young personal injury attorneys in the state.

Published annually by Thomson Reuters, the full 2020 Texas Super Lawyers listing will appear in Texas Monthly and Super Lawyers magazines and can be found online at http://www.superlawyers.com.

Pair honored by Texas Super Lawyers for business litigation work

DALLAS – Clayton Bailey and Alex Brauer, founding partners of the Dallas-based trial and appellate firm Bailey Brauer PLLC, have been recognized in the 2020 edition of the Texas Super Lawyers legal guide to the state’s top business litigation attorneys.

Bailey’s nationwide complex tort and commercial litigation practice focuses on contract disputes, business torts, RICO, employment law, trade secrets, deceptive trade practices, fraud, breach of fiduciary duty, antitrust, unfair business practices, Packers and Stockyards Act, and wrongful death. His work has successfully saved his trial and appellate clients more than $750 million in potential exposure since 2013.

Clients nationwide rely on Brauer when facing high-stakes business disputes ranging from breaches of noncompete agreements to allegations of transaction fraud and deceptive trade practices. He has successfully defended clients facing class and collective actions and represented plaintiffs and defendants in complex tort and negligence cases.

Texas Super Lawyers selection is based on a statewide survey of lawyers and extensive editorial review. Published annually by Thomson Reuters, the full listing appears in Texas Monthly and Super Lawyers magazines, and can be found online at superlawyers.com.

Earlier this year, firm attorney Ben Stewart was named among the state’s top business litigation attorneys by Texas Rising Stars. A companion guide to Super Lawyers, it recognizes attorneys who are 40 or younger or who have been in practice for 10 years or less.

Super Lawyers is just the latest honor for Bailey and Brauer, who were recognized as “agents of change” in 2019 as Texas Legal Trailblazers by Texas Lawyer magazine. Their work has also earned individual and firm recognition from Chambers USA, Best Lawyers in America, D Magazine, the National Law Journal, Benchmark Litigation, and BTI Consulting Group.

On January 1, 2021 the United Kingdom (UK) will officially leave the European Union (EU). As a result, current owners of European IP rights, in particular trademark and design rights, and those considering such rights, need to be aware of procedures that have been established for maintaining registrations and filing applications going forward. These new mechanisms for maintaining and obtaining registered trademarks and designs in the UK and the EU will impact owners, licensors and licensees. Importantly, in contrast with the impact of Brexit on trademarks and designs, Brexit will have no impact on the maintenance or filing of utility patents in Europe because, despite Brexit, the UK will remain one of the 38 member states of the European Patent Convention of 1977.

Through the end of 2020, Community Trademarks (CTMs) and Registered Community Designs (RCDs) are effective in the UK. Beginning on January 1, 2021, however, CTMs and RCDs, as well as international design applications designating the EU, and international trademark applications designating the EU, will only be enforceable in the remaining 27 EU member states.

Registered Community Trademarks and Designs
On January 1, 2021, CTMs and RCDs, including designations for trademark applications under the Madrid Protocol and design applications under the Hague Agreement, that are registered by December 31, 2020 will automatically be protected as a corresponding UK trademark registration or a UK registered design. The UK re-registrations will retain the filing date, priority date, and renewal date of the corresponding CTM and RCD. Owners of such EU registrations do not need to take action to obtain the UK re-registrations.

Renewals of CTMs and RCDs
Renewals of CTMs and RCDs, due on or after January 1, 2021 will require separate concurrent payments in the EU and the UK. Early payments or renewal fees in the EU will not be applied towards the UK renewal fees.
Pending Trademark and Design Applications
Unlike the automatic re-registration of CTMs and RCDs, applications for CTMs and RCDs that are pending at the end of 2020 will not be automatically reproduced as UK applications. Instead, applicants with pending applications for CTMs and RCDs must file parallel UK trademark applications or design applications by September 30, 2021 in order to retain the filing date and priority date of the corresponding EU applications. The applicant must pay the UK filing fees, and the application will be examined according to UK law.

New applications filed on or after January 1, 2021
Beginning on January 1, 2021, applicants seeking design or trademark protection in both the EU and the UK must file separate applications in both jurisdictions, or file an international application separately designating the EU and the UK.

In addition to understanding the procedures that have been established for maintaining and filing trademarks and designs, Brexit presents owners, licensors and licensees of IP rights in Europe with an opportunity to review their portfolios and determine the relevance of each registered and pending trademark and design. The potential additional expenses for parallel filings and maintenance of registrations, and the actual location of users and markets may become even more significant considerations in filings and maintenance of trademarks and designs in Europe.

Peter Lando is a partner at Boston intellectual property law firm, Lando & Anastasi, LLP. He can be reached at PLando@LALaw.com or 617-395-7002.
Robert Lichter is an associate at Lando & Anastasi, LLP. He can be reached at RLichter@LALaw.com or 617-395-7088.

Bradley Arant Boult Cummings LLP is pleased to announce that nine attorneys in the firm’s Dallas and Houston offices have been named 2020 Texas Super Lawyers, who are recognized as among the leading lawyers in the state. In addition, Bradley Dallas Office Managing Partner Richard A. Sayles was named to the lists of Top 100 in Texas and the Top 100 in Dallas/Fort Worth, and Bradley Houston Office Managing Partner Ian P. Faria was named to the list of Top 100 in Houston.

Richard Sayles

Ian Faria

Following are the attorneys in the firm’s Dallas office who have been named Texas Super Lawyers for 2020:

• Richard A. Sayles, partner (Business Litigation)
• William S. Snyder, partner (Business Litigation)
• Mark D. Strachan, counsel (Intellectual Property Litigation)

Following are the attorneys in the firm’s Houston office who have been named Texas Super Lawyers for 2020:

• James A. Collura Jr., partner (Business Litigation)
• Jeffrey Davis, partner (Civil Litigation: Defense)
• Ian P. Faria, partner (Construction Litigation)
• Jon Paul Hoelscher, partner (Construction Litigation)
• Peter Scaff, partner (Energy & Natural Resources)
• David Smith, partner (Consumer Law)

Only the top 5 percent of lawyers in Texas are named Super Lawyers. Published by Thomson Reuters, Super Lawyers uses independent research, peer nominations and peer evaluations to determine the honorees. The Super Lawyers list is published in Texas Super Lawyers Magazine and in various regional magazines and newspaper supplements in the state, as well as distributed to attorneys and ABA-accredited law school libraries.

About Bradley
Bradley combines skilled legal counsel with exceptional client service and unwavering integrity to assist a diverse range of corporate and individual clients in achieving their business goals. With offices in Alabama, Florida, Mississippi, North Carolina, Tennessee, Texas, and the District of Columbia, the firm’s nearly 550 lawyers represent regional, national and international clients in various industries, including banking and financial services, construction, energy, healthcare, life sciences, manufacturing, real estate, and technology, among many others.

“An administrative law judge said opponents of Enbridge’s proposed Line 3 oil pipeline did not prove construction of the project would harm northern Minnesota wetlands and streams,” reports Jimmy Lovrien in TwinCities Pioneer Press’ Business.

“In a non-binding recommendation issued Friday, Judge James LaFave said the coalition of environmental and tribal groups failed to meet the burden of proof in a contested-case hearing on the Minnesota Pollution Control Agency’s water permits over the summer and urged the MPCA commissioner to make the same finding when considering the 340-mile pipeline’s 401 certification, a permit awarded by a state’s regulators if the project’s impact on water falls within the state’s standard. The MPCA’s decision is due Nov. 14.”

Read the article.

“Texas tech mogul Robert T. Brockman has been charged in a $2 billion tax evasion case, the largest ever tax charge in the United States,” reports Clare Duffy in CNN Business.

“A federal grand jury returned an indictment alleging that Brockman, the CEO of software company Reynolds & Reynolds, engaged in tax evasion, wire fraud, money laundering and other crimes as part of a nearly 20-year scheme to conceal around $2 billion in income from the Internal Revenue Service and defraud investors in his software firm’s debt securities, federal authorities said in a release.”

Read the article.

“For the past seven months, the coronavirus crisis has ravaged the legal profession, leading to salary cuts, furloughs, and in some cases, layoffs. But some firms seem to have remained completely unscathed by the global economic turmoil that’s been caused by COVID-19,” writes Staci Zaretsky in Above The Law’s Biglaw.

“Take Greenberg Traurig, a firm that brought in $1,641,790,000 in gross revenue last year, earning it 14th place in the latest Am Law 100 ranking, for example. Back in April, we reported that the firm had offered “a good deal of transparency about [its] financial position” and assured attorneys that there would be no layoffs. At that time, there had been no word of salary cuts at the firm, and to our knowledge, throughout the pandemic, no such cuts were made. The firm made it quite far without having to take any major cost-cutting measures, but sources have told us that GT has now decided to roll out a voluntary separation program for full-time staff.”

Read the article.

“The maker of NordicTrack and other in-home fitness brands has sued Peloton, claiming its cycling rival stole features for its newest stationary bike,” reports Jordan Valinsky in CNN Business.

“The lawsuit filed by Icon Health and Fitness on Thursday alleges patent infringement. Icon claims that two new features in Peloton’s Bike+ — a swiveling touchscreen and the bike automatically changing resistance during classes — were ‘developed and used by Icon well before Peloton.'”

“Icon said it has a patent pending on the swivel screen and hold a patent on the resistance feature, which Peloton calls “auto-follow.” Both features are used on Icon’s current line of products, which also includes iFit and FreeMotion brands that make several varieties of gym equipment including bikes and treadmills.”

Read the article.

“McDonald’s Corp. general counsel and executive vice president Jerry Krulewitch has retired at the suggestion of his doctors after he was diagnosed with Parkinson’s disease, according to a securities filing from the fast food giant,” reports Ruiqi Chen in Bloomberg Law’s Business & Practice.

“The Chicago-based fast food company’s U.S. general counsel Mahrukh Hussain is serving as interim general counsel during the search for Krulewitch’s replacement, McDonald’s said in the Thursday filing.”

Read the article.

“Most LLC operating agreements contain a ‘buyout’ provision allowing the LLC or its remaining members to buy the membership interest of a departing member. Buyout provisions can be structured however the LLC members see fit. Freedom of contract is one of the most attractive traits of an LLC,” write Kevin Brodehl in The LLC Jungle.

“But operating agreement buyout provisions are sometimes unclear, leading to uncertainty, disputes, and litigation.”

Brodehl provides some examples of LLC buyout-related problems.

Read the article.

What happens when “you decide to just include standard boilerplate language where both parties agree to indemnify each other for any negligence committed by the indemnifying party? After all, the intent is for the other party to indemnify you if they breach any applicable duty stemming from this agreement,” discusses Andy Nikolopoulos in Fox Rothschild’s Lone Star Bench & Bar.

“Although the inclusion of such mutual indemnity provisions is the norm rather than the exception, the protection you think you bargained for will likely be unavailable to you if you find yourself sued as a result of the actions of the other party. For example, if you are a contractor who is sued due to the negligence of a subcontractor, your first inclination will be to demand that the subcontractor indemnify and defend you in the lawsuit based on the indemnity provision in your contract. However, if your indemnity provision consists only of rinse and repeat ‘standard’ language, you may be out of luck in seeking recourse from the subcontractor.”

Read the article.

“As the world changes in unexpected ways, cybersecurity threats evolve and become more sophisticated. Cyberattackers have used the global pandemic to take advantage of individual and system vulnerabilities, giving rise to a dramatic increase in socially engineered phishing scams and ransomware. The FBI recently reported that the number of complaints about cyberattacks to their Cyber Division is up to as many as 4,000 per day, representing a 400 percent increase from pre-coronavirus. Interpol also reported seeing an alarming rate of cyberattacks aimed at major corporations, governments, and other critical infrastructure,” discusses a post on Michael Best’s Newsroom.

“In striving to mitigate our risks and in recognition of Cybersecurity Awareness Month, below are some A-Z cybersecurity terms with which to become familiar so that we can continue our dialogue and improve our collective response to these risks.”

Read the article.

“NOVI—ITC Holdings Corp., the nation’s largest independent electricity transmission company in the United States, has named Jenny D’Anna as vice president and deputy general counsel, legal services,” reports Matt Roush in MITECHNEWS.

“In this role, D’Anna is responsible for the legal services group within ITC’s legal department. That group is composed of the regulatory and legislative, development, corporate and securities, real estate, capital projects and maintenance, and business operations, contracts and technology practice areas across the company’s seven-state service territory.”

“D’Anna joined ITC in 2010 and most recently served as assistant general counsel for utility operations for ITC Holdings. Prior to joining ITC, she worked in private practice specializing in real estate transactions.”

Read the article.

“A finance manager at a used car dealership in Portland was fired by his boss during a staff meeting for questioning the company’s alleged cover-up of a coronavirus cluster, a lawsuit claims,” reports Maxine Bernstein in The Oregonian/OregonLive’s Coronavirus.

“Shawn McCrary, 41, of Portland, sued Lapin Motor Co. and owner Leo Lapin in a wrongful discharge and whistleblower suit this month, seeking $1.4 million in damages.”

“McCrary alleges Lapin berated, assaulted and fired him in an ‘alcohol and drug-induced rage’ during an all-staff meeting on July 31.”

Read the article.