“Pilgrim’s Pride Corporation … announced that it has entered into a plea agreement with the United States Department of Justice Antitrust Division in respect to its investigation into the sales of broiler chicken products in the United States,” posted Pilgram’s Investor Relations.

“In the plea agreement, which is subject to the approval of the United States District Court of Colorado, Pilgrim’s and the Antitrust Division agreed to a fine of $110,524,140 for restraint of competition that affected three contracts for the sale of chicken products to one customer in the United States. The agreement does not recommend a monitor, any restitution or probationary period, and provides that the Antitrust Division will bring no further charges against Pilgrim’s in this matter, provided the company complies with the terms and provisions of the agreement. Pilgrim’s expects to record the fine as a miscellaneous expense in its financial statements in the third quarter of 2020.”

Read the article.

Cedar Lane Technologies filed a complaint for patent infringement against Dish Network alleging infringed patents-in-suit through its Movies for Purchase feature, reports Kirsten Errick in Law Street Media’s Tech.

“The patents relate to playback of network audio on demand, creating and managing playlists, management of owned and unowned inventory, and translating a device command.”

“Dish Network purportedly infringed the ’443 patent by “making, using, offering to sell, selling and/or importing” its exemplary accused products, such as its Movies for Purchase feature as part of the Video on Demand menu.”

Read the article.

Duane Morris LLP has appointed Bert Greene managing partner of its Austin office. Since its opening in 2017, the Austin office has been run by Houston office managing partner Thomas W. Sankey.

Greene’s practice is focused on the enforcement and procurement of intellectual property rights, with a primary emphasis on patent litigation and trade secret litigation. His litigation clients have included large and small technology companies, energy and chemical companies, and retailers in cases involving a diverse array of technologies. Greene has represented both patent holders and accused infringers in numerous federal jurisdictions across the country. He also has experience with patent prosecution, opinion work, portfolio management, copyright litigation, and trademark litigation. Greene has also handled numerous pro bono cases on behalf of asylum applicants in U.S. immigration court.

Greene is a graduate of the University of Texas School of Law (J.D., with honors, 2004), where he was managing editor of the Texas Intellectual Property Law Journal, and the University of Texas at Austin (B.S., chemical engineering, with highest honors, 1998).

HOUSTON – (October 15, 2020) – Noe A. Gonzalez recently joined the Houston office of the national law firm, Chamberlain Hrdlicka, as an associate in the Commercial Litigation practice.

Gonzalez brings three years of experience in civil litigation. Prior to joining Chamberlain Hrdlicka, he worked as a clerk for the Honorable Rogelio Valdez, former Chief Justice of the Texas Thirteenth Court of Appeals, a legislative aide for District 40 Representative Terry Canales, and as an associate for a Houston-based litigation law firm.

At Chamberlain Hrdlicka, his practice will focus on a general civil litigation practice involving resolution of a broad range of state and federal complex commercial disputes.

Gonzalez graduated from the University of Texas with a Bachelor of Journalism in 2014. He received his JD degree from the University of Houston Law Center in 2017, where he participated in the Hispanic Law Students Association and the Journal of Consumer and Commercial Law. He is a member of the State Bar of Texas, Houston Bar Association, Houston Young Lawyers Association, and the Mexican-American Bar Association of Houston.

Company valuation of $785 million demonstrates investor confidence in legaltech as a category of enterprise cloud computing

AUSTIN — October 15, 2020 — Legal technology leader DISCO today announced a $60 million equity financing, valuing the company at $785 million. Georgian Partners led the financing. Existing investors Bessemer Venture Partners, LiveOak Venture Partners, and The Stephens Group all participated, and new investor Breyer Capital also invested.

This latest funding brings total investment in DISCO to $195 million, confirms the company’s status as the leader in enterprise legal technology, and establishes the company as a disruptor in the broader cloud computing industry. With products and services that cover the entire investigation and litigation lifecycle and the market-leader position in cloud ediscovery in an ediscovery market predicted to exceed $20 billion by 2024, DISCO has established itself as a trusted partner for the largest legal departments, law firms, and government agencies in the world.

DISCO will use this investment to aggressively expand its go-to-market team, doubling sales capacity in North America over the next 12-15 months, expanding its dedicated enterprise sales team, and growing its presence in the EMEA and APAC regions. The company will also expand its strategic channel program, working with service providers who resell DISCO, including a growing number of the largest global service providers. DISCO will continue to invest in its cloud technology platform, software products like DISCO Ediscovery and DISCO Case Builder, and productized legal services like its fast-growing AI-powered DISCO Managed Review offering.

The move to cloud computing continues to be a critical strategy for corporate legal departments and law firms. The pandemic has only accelerated the urgency for organizations to replace their legacy solutions with those that expedite their digital transformation, empower team members to work from anywhere, and embrace the availability, scalability, and superior economics of the cloud. Legal professionals recognize that DISCO helps them improve legal outcomes for their clients by delivering technology that enables them to focus on the practice of law.

DISCO has been widely recognized over the past year for its industry-leading innovation, customer service and culture. The company was one of two legal technology companies listed on the prestigious 2020 Forbes Cloud 100, and was the only ediscovery solution to earn the Top Rated recognition from TrustRadius. DISCO has won two consecutive Gold Stevie® Awards for Legal Company of the Year, and was an honoree for both the Greater Austin Business Awards for Community Relations and the Austin A-List Awards. DISCO CEO Camara was also named to The Software Report’s Top 50 SaaS CEOs of 2020.

How will being an SCCE member help you?
As corporate counsel, it is crucial to be informed and get ahead of changes in regulations and compliance for your organization. SCCE membership provides access to educational resources and conferences to stay current and help you grow in your career.

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Fitch, Even, Tabin & Flannery LLP will present a free webinar, “Aftermarket, Not Afterthought: Patent Strategies for Protecting Aftermarket Parts,” featuring Fitch Even attorneys Jonathan H. Urbanek and Jacqueline L. Thompson.

The webinar will take place on Thursday, October 29, 2020, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12 noon EDT.

Aftermarket parts for a product such as a vehicle or large machine can provide an important revenue stream for the product manufacturer. Aftermarket parts sales are often highly profitable for the manufacturer, which invites will-fitters to sell their own aftermarket parts. These competing parts may not only negatively impact the manufacturer’s sales, but may cause safety and warranty concerns due to potential quality issues.

This webinar will provide approaches for cost-effectively protecting aftermarket parts, including these tactics:
• Preparing, filing, and prosecuting patent applications to develop a strong portfolio focused on aftermarket parts
• Integrating business input into the patent life cycle
• Detecting and stopping will-fitters
• Creating non-patent challenges for will-fitters

CLE credit has been approved for California, Illinois, and Nebraska. Other states may also award CLE credit upon attendee request.

Following the live event, a recording of the webinar will be available to view for one year at www.fitcheven.com.

Register for the webinar.

Berkman Solutions is pleased to announce release of the all new “Legal Guide to Entity Management.” The Guide distills the best practices in entity management, based on ten years of data from over 80 countries around the world.

The Legal Guide to Entity Management provides concise and concrete recommendations for engaging with business clients through entity management.

There is no registration or cost to sign up for the “Legal Guide to Entity Management” from Berkman Solutions.

Manufacturing executives expect their supply chains to emerge from the COVID-19 pandemic looking quite different than they did previously, according to a survey conducted by the law firm Foley & Lardner LLP. Drawing on responses from nearly 150 manufacturing executives – the majority of whom are members of their company’s C-suite, and who work in a wide array of industries – the Global Supply Chain Disruption and Future Strategies Survey Report offers a view into the future of global supply chains.

Foley delved deeper into the issues highlighted in the survey in its newly published Accelerating Trends: Assessing the Supply Chain in a Post-Pandemic World, which provides business insights and guidance for companies reviewing supply chain processes to mitigate risk, evaluating a shift in supply chains away from China, and using new technologies to improve efficiency.

Key takeaways from these reports include:

A Move Toward Stability and Resilience

Two survey findings suggest a potentially transformative shift in the way manufacturing executives typically think about their global supply chains: from a focus on low costs and lean inventory, to one that prioritizes stability and resilience. Seventy percent of respondents agree that, as a result of COVID-19, companies will lessen their focus on sourcing from the lowest-cost supplier and 62% expect the focus on just-in-time (JIT) manufacturing models will also decrease.

As manufacturers review supply chain processes to mitigate future risk, the Accelerating Trends report details five key categories that can be analyzed through Foley’s Resiliency Review assessment tool, including reliance on JIT models and assessing contractual allocation of risk.

A Push for Supply Chain Visibility and Transparency

Manufacturing executives are taking prudent steps to manage risk in their supply chains, with strengthening relationships and increasing transparency with suppliers and buyers as the top strategy identified by survey respondents. In addition, the vast majority (92%) are taking at least some action to create more visibility within their supply chains, including requiring more information on suppliers’ own risk management and continuity strategies.

Rethinking China

The Foley reports also analyze the extent to which COVID-19 has accelerated the movement of production and sourcing away from China. Of the survey respondents who have operated in the country, 59% have either already withdrawn operations, are in the process of doing so, or are considering it.

For manufacturers and suppliers that decide to reduce their reliance on China, the question remains where to go next. The Accelerating Trends report analyzes the key costs, benefits, and risks to consider in several regions that present alternatives to China. According to the survey findings, the result of this analysis has increasingly led companies to move (or consider moving) supply chains closer to home: to the U.S. (74%), Mexico (47%), and/or Canada (24%).

Technology and Supply Chain Innovation

The COVID-19 pandemic is also speeding up the adoption of new technologies and innovative business processes that improve supply chain efficiency and resilience.

The Accelerating Trends report identifies eight specific areas that are expected to see greater investments and provides guidance on how they stack up against each other in terms of resilience, cost, and maturity. In addition, survey respondents identified the top technologies they are considering as new tools or applications that improve supply chain visibility and tracking (47%) and operational analytics to better track business metrics and indicators (39%).

Foley’s 2020 Global Supply Chain Disruption and Future Strategies Survey Report was completed by 143 executives with involvement in supply chain management at their companies. Respondents were primarily based in the U.S. (78%) and Mexico (18%), and represent a range of industries, including automotive (22%), general manufacturing (22%), transportation and logistics (12%), and healthcare/medical products (10%). To read the complete report and methodology, please click here: http://bit.ly/2020-Supply-Chain-Survey-Report.

To read Foley’s Accelerating Trends: Assessing the Supply Chain in a Post-Pandemic World report, please click here: http://bit.ly/Accelerating-Trends-Supply-Chain.

“Nissan Motor Co’s U.S. lending arm agreed on Tuesday to pay a $4 million U.S. fine to settle a government agency’s allegation that it improperly repossessed hundreds of consumers’ vehicles,” reports David Shepardson in Thomas Reuters’ Autos.

“The Consumer Financial Protection Bureau (CFPB) said that between 2013 and 2019, Nissan Motor Acceptance Corp (NMAC), a subsidiary of the Japanese automaker’s North American unit, ‘wrongfully repossessed hundreds of consumers’ vehicles despite the consumer having made payments’ or taken other actions. Nissan must pay up to $1 million to consumers subject to a wrongful repossession.”

“NMAC repossessed vehicles from consumers who made payments that decreased delinquency to less than 60 days past due or took other steps that should have prevented repossessions, the bureau said, adding NMAC told consumers it would not repossess vehicles if payments were less than 60 days past due.”

Read the article.

“Docupace, the leader in cloud-based fintech digital operations software for the wealth management industry, today announced Kevin Armstrong as the company’s general counsel and chief legal officer. Armstrong will oversee all legal matters and direct risk, compliance, audit and governance functions for Docupace. He will report to chief executive officer David Knoch, serve as a member of Docupace’s executive leadership team, and work closely with Knoch on any mergers and acquisitions (M&A) activity the company chooses to pursue in the future,” reports Docupace in News & Events.

“Armstrong has deep experience with legal and operational issues related to product and service offerings to broker-dealers and registered investment advisers (RIAs), including clearing, custody, cloud services, artificial intelligence, blockchain, digital currencies, data rights, and compliance with evolving privacy and information security laws and regulations.”

Read the article.

“A U.S. District Court judge has ordered New Prime to send letters to 30,000 truck drivers to let them know that a $28 million settlement involving the Springfield, Mo.-based trucking company is legitimate,” report Mark Schremmer in Land Line.

“Earlier this summer, Prime and truck drivers Dominic Oliveira and Rocky Haworth reached a $28 million settlement regarding claims that Prime improperly paid drivers in violation of the Fair Labor Standards Act, Missouri minimum wage law, and related laws.”

“On Oct. 5, about 40,000 former and current Prime drivers and trainees were notified – an estimated 30,000 of them by email – about the website PrimeTruckingSettlement.com and their potential eligibility to receive funds from the court-approved settlement. According to court documents, on the same day a supervisor at Prime sent a message through the company’s app and Qualcomm system telling its drivers not to click on the link of the email because it was a “phishing” scam. The same supervisor sent a second Qualcomm message about an hour later retracting the previous message.”

Read the article.

“Connecticut Attorney General William Tong announced Monday that the generic opioid manufacturer Mallinckrodt has agreed to a $1.6 billion settlement to resolve a host of lawsuits that arose in response to tens of thousands of deadly opioid overdoses nationwide fueled, in part, by prescription drugs,” reports Nicholas Rondinone in Hartford Courant’s Breaking News.

“Exactly how the money will be distributed remains under negotiation, Tong said, but the settlement and pressures from the COVID-19 pandemic led the drug maker, one of the largest supplier of generic opioids, to file bankruptcy this week.”

“In the settlement framework, Mallinckrodt has agreed to pay the money into a trust, which will go toward response to the opioid epidemic and help address individual claims against the company for its role in the crisis, Tong’s office said.”

Read the article.

WASHINGTON–(BUSINESS WIRE)–Sidley Austin LLP is pleased to announce that Sujit Raman joined the firm as a partner in its Washington, D.C. office. Raman will be a member of the Privacy and Cybersecurity practice group, and will contribute to the firm’s globally regarded litigation, national security, and trade practices.

He previously served as an Associate Deputy Attorney General at the U.S. Department of Justice (DOJ), where he assisted the Attorney General and Deputy Attorney General in their oversight of the nation’s cyber-related criminal and national security investigations and prosecutions. He also led DOJ’s policy formulation in a number of critical areas, including cybersecurity, cross-border data transfers and protection, 5G/supply chain security, and emerging technologies, like facial recognition, cryptocurrency, and encryption.

Raman has also been a lead U.S. representative in high-profile international data-sharing negotiations with the United Kingdom, Australia, and the European Union; coordinated DOJ’s response to the Schrems II decision of the EU Court of Justice; and contributed to the development of U.S. government policy regarding reform of Section 230 of the Communications Decency Act. From 2018 to 2020, he chaired the Attorney General’s Cyber-Digital Task Force, leading formulation of DOJ’s policy and operational response to transnational cybercrime, nation-state-sponsored malign cyber activity, and online foreign influence operations.

Prior to joining DOJ’s senior leadership staff in 2017, Raman served as an Assistant U.S. Attorney in the District of Maryland since 2009, trying numerous cases to jury verdict and leading international fraud and corruption investigations. He was also Chief of Appeals, arguing 20 cases in the federal court of appeals, supervising the appellate work of over 80 federal prosecutors, and serving as the government’s counsel of record in several leading cases at the intersection of law, technology, and privacy.

With 2,000 lawyers in 20 offices around the globe, Sidley is a premier legal adviser for clients across the spectrum of industries. Follow Sidley on Twitter @SidleyLaw.

Attorney Advertising – Sidley Austin LLP, One South Dearborn, Chicago, IL 60603, +1 312 853 7000. Sidley and Sidley Austin refer to Sidley Austin LLP and affiliated partnerships as explained at www.sidley.com/disclaimer.

Greensfelder, Hemker & Gale, P.C., is pleased to announce the continued growth of its Southern Illinois office with the addition of Paul E. Petruska as counsel in the firm’s Litigation practice group.

Based in Belleville, the Southern Illinois office serves the firm’s clients across the Metro East area, including the eastern suburbs of St. Louis and numerous Illinois counties.

Petruska has extensive litigation and trial experience, as well as a focus on estate planning and corporate work involving small businesses. He has served as outside general counsel, assisting clients in drafting safety, employment and document retention policies, and managing human resources matters. His litigation experience includes matters related to transportation, product liability, employment, construction, personal injury, commercial catastrophic property damage, and toxic torts.

Prior to joining Greensfelder, Petruska was an attorney with the Paul Eric Law Office, LLC, most recently focusing on estate planning and corporate formation services related to circumstances surrounding COVID-19. Previously, he was the chief trial attorney for a large commercial insurer’s major case unit and a partner at a boutique litigation firm.

Petruska received his J.D. (cum laude) from St. Louis University School of Law and his Bachelor of Arts (magna cum laude) from St. Louis University.

This year marks the 25th anniversary of the opening of Greensfelder’s Southern Illinois office with attorneys who serve clients in the Metro East communities and work closely with Greensfelder’s lawyers based in the firm’s St. Louis and Chicago offices. The Southern Illinois office provides services across all of the firm’s practice areas, with particular emphasis on serving the legal and business needs of closely held businesses, high net worth families and individuals, banks and other financial services companies and organizations, and diverse real estate and litigation clients. Its attorneys strive to further the firm’s commitments to equity, diversity and inclusion and racial justice by taking active roles in community leadership, legal aid initiatives, and other civic engagement.

Greensfelder, Hemker & Gale, P.C., founded in 1895, is a full-service law firm with offices in St. Louis, Chicago and Southern Illinois. Greensfelder offers comprehensive legal solutions for clients locally, nationally and internationally. Areas of practice include business services; communications and media; construction; educational, religious and tax-exempt organizations; employee benefits; employment and labor; energy; franchising and distribution; health care; intellectual property; litigation; real estate; securities and financial services; and trusts and estates. Find out more at www.greensfelder.com.

Greensfelder, Hemker & Gale, P.C., is pleased to announce that Gabrielle H. Intagliata has joined the firm’s St. Louis office as an associate in the Litigation practice group.

Intagliata represents companies across a variety of industries in litigation matters. She previously worked at Greensfelder as a summer associate in 2018 and 2019. Prior to her law career, she worked in administrative and business development roles at her family’s manufacturing company.

Intagliata received her J.D. from Washington University School of Law, where she worked for the school’s Interdisciplinary Environmental Clinic, assisting in a class action lawsuit over jailhouse conditions. She received her Bachelor of Arts (magna cum laude) from Loyola University Chicago.

Greensfelder, Hemker & Gale, P.C., founded in 1895, is a full-service law firm with offices in St. Louis, Chicago and Southern Illinois. Greensfelder offers comprehensive legal solutions for clients locally, nationally and internationally. Areas of practice include business services; communications and media; construction; educational, religious and tax-exempt organizations; employee benefits; employment and labor; energy; franchising and distribution; health care; intellectual property; litigation; real estate; securities and financial services; and trusts and estates. Find out more at www.greensfelder.com.

HOUSTON – (October 13, 2020) – Tyler Greenwood recently joined the Houston office of the national law firm, Chamberlain Hrdlicka, as an associate in the Bankruptcy, Restructuring and Creditors Rights practice.

Prior to joining Chamberlain Hrdlicka, Greenwood held the role of judicial law clerk for The Honorable Eduardo V. Rodriguez of the U.S. Bankruptcy Court in the Southern District of Texas. At Chamberlain Hrdlicka, his practice will concentrate on commercial litigation with a focus on restructuring and bankruptcy.

Greenwood graduated from the University of South Florida with a bachelor’s degree in political science. He received his JD degree from the Emory University School of Law, where he acted as managing editor for the Emory Bankruptcy Developments Journal. During law school, Greenwood took an interest in civil litigation and bankruptcy, gaining experience while serving as a Legal Extern for the U.S. Dept. of Justice Trustee Program and a Student Honors Intern for the U.S. Securities and Exchange Commission in their reorganization and enforcement divisions. Greenwood is a member of the State Bar of Florida and is admitted to practice in the Southern Districts of Florida and Texas. Greenwood is also an Eagle Scout, and a member of the Order of the Arrow.

“LVMH Moët Hennessy-Louis Vuitton SE was scheduled to acquire Tiffany & Co. no later than August 24th, 2020, but the merger came to a halt when LVMH failed to even apply for antitrust clearance,” write Peter S. Lubin and Patrick Austermuehle in Lubin Austermuehle’s blog.

“Antitrust laws exist to avoid monopolies. If two major companies merge to form one company, there’s a fear that the existence of a huge corporation, which now owns the market shares of both companies involved, might dominate the industry, thereby making it difficult, or even impossible for any other company to compete with them. Since healthy competition promotes innovation and helps drive down prices, it’s necessary for a healthy economy.”

“As a result, when two major corporations merge to form one company, they have to file for antitrust clearance with the authorities in the markets in which they operate, meaning the authorities look at the market share of the two companies and agree that the merger would not create a monopoly. But according to a recent lawsuit filed by Tiffany, LVMH has not only failed to acquire the antitrust clearance by the agreed-upon date but has failed to even file for antitrust clearance.”

Read the article.

“BMG announced they will be rolling back at least some aspects of what’s called ‘controlled compositions’ clauses in (presumably) their record deals. This is good, and is another example of how BMG is setting the gold standard for courageously defending their writers,” writes Chris Castle in Music Technology Policy.

“Let’s understand what ‘controlled compositions’ clauses actually mean and don’t mean. The basic concept is that an artist signing to a label grants a mechanical license to the label for the songs they record that the label exploits.”

“… this only covers records exploited by the label. It does not cover any streaming service, like Spotify or Apple, both of which have to obtain mechanical licenses under an NOI or soon under the blanket in the Music Modernization Act giveaway.”

“Mechanical licenses and mechanical royalty payments by record companies are actually much less prone to error than those made by streaming services. Mechanical royalty payments are much more likely to get paid timely for a very simple reason–the label needs the artist/songwriter to cooperate…The same cannot be said of Spotify …”

Read the article.

Princeton Legal Search Group is pleased to announce that following an extensive national search, it successfully placed Jacques S. Pierre as General Counsel of U.S. Retirement & Benefits Partners. Jacques will serve as a member of the Executive Committee as well. Based in the New Jersey National Office, Jacques will be responsible for managing the company’s legal affairs as well as shaping the overall strategic direction of the organization.

For the past ten years, Jacques served as an Assistant United States Attorney in the District of New Jersey. During his time as a federal prosecutor, he worked in the U.S. Attorney’s Special Prosecutions Division, as well as the Health Care and Government Frauds Unit. Prior to his government service, Jacques worked for several years for Lowenstein Sandler LLP, primarily focusing his practice on complex business litigation, labor and employment, and technology related matters.

Jacques clerked for Chief Justice Stuart J. Rabner of the New Jersey Supreme Court following graduation from Rutgers University School of Law – Newark. He received his undergraduate degree from Wesleyan University. Jacques was a teacher at the Friends Academy in Locust Valley, NY before attending law school.

U.S. Retirement & Benefits Partners is one of the nation’s largest independent, national financial services firms, specializing in employee benefit and employer-sponsored retirement plans in the K-12 public school, governmental, corporate and non-profit markets.