“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.”

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“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.”

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“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.”

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“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.”

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“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.”

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“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

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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.”

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“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.”

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“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.”

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“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.”

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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.

Turner Padget is pleased to announce the addition of two new associates to its Insurance and Products Liability practice group. George “Buster” Bryan joins the Myrtle Beach office and Megan Rudd joins in Greenville.

Bryan previously clerked for the Honorable Gregory P. McGuire at the North Carolina Business Court in Raleigh, N.C. While in law school, he was a member of the Moot Court Bar and served on the school’s Pro Bono Board as a probate special visitors volunteer, and also worked as a legal writing tutor and teacher’s assistant. Bryan earned his undergraduate degree from Coastal Carolina University and his law degree from the University of South Carolina School of Law.

Rudd focuses her practice on general civil litigation with an emphasis on complex products defense. She previously served as a judicial clerk to the Honorable Joseph F. Anderson, Jr. of the United States District Court in the District of South Carolina. Rudd earned her undergraduate degree from the University of South Carolina and her law degree from the University of South Carolina School of Law.

Turner Padget exceeds expectations by taking your interests, your business and our relationships personally. Our depth of knowledge, technical strength and diverse experience makes us sharp, talented business thinkers able to see our clients’ needs holistically and get to the core of the problem quickly. As one of South Carolina’s largest law firms, Turner Padget has expanded into neighboring states with offices located in Augusta, Charleston, Columbia, Florence, Greenville and Myrtle Beach, along with strategic alliances in Florida and North Carolina.

Blank Rome LLP is pleased to announce the formal launch of our Biometric Privacy Team. Composed of multidisciplinary attorneys from across our Firm’s offices, this dedicated team draws talent from our Cybersecurity & Data Privacy, Privacy Class Action Defense, Artificial Intelligence Technology, and Labor & Employment groups to help clients address and minimize the risks associated with biometric privacy regulatory compliance, enforcement, and litigation.

Recent advancements in technology and artificial intelligence have led companies to utilize biometric data—such as fingerprint scans, facial recognition, voice prints, and DNA scans—in an ever-increasingly broad number of ways to improve the efficiency and effectiveness of their operations. This, in turn, has brought about significant legal risk as legislatures across the country implement laws to tightly regulate the use of this technology, such as the now well-known Illinois Biometric Information Privacy Act and California Consumer Privacy Act of 2018. The commercial use of biometric data has also led to a wave of bet-the-company class action litigation for alleged technical statutory violations, often involving hundreds of millions of dollars in potential exposure.

Blank Rome’s biometric privacy attorneys are also thought leaders in this space, having extensively published and presented on compliance best practices, emerging legal trends involving biometric laws and technology around the country and the world, risk mitigation, and litigation strategy.

Lowenstein Sandler is pleased to announce that Matthew J. Platkin, Chief Counsel to New Jersey Governor Phil Murphy, will join as partner in the firm’s White Collar Criminal Defense and Business Litigation groups at the conclusion of his state service in October.

As Chief Counsel, Platkin managed a team of over 20 lawyers in drafting, reviewing, and approving all legislation and executive and administrative actions before the governor, including those taken in 2020 to slow the spread of COVID-19 across the state.

Christopher Porrino, who served as Chief Counsel to former New Jersey Governor Chris Christie and as the 60th Attorney General of New Jersey and who now serves as Chair of Lowenstein’s Litigation Department, says, “Our bipartisan team is unique in its ability to serve the business community in all aspects of litigation and complex problem-solving, and Matt’s very recent and in-depth government experience further bolsters that ability.”

During his tenure as Chief Counsel, Platkin oversaw all legal matters related to the COVID-19 pandemic for the State of New Jersey. In this capacity, he managed the drafting of over 80 executive orders and numerous administrative orders pertaining to the state’s emergency response to the pandemic. Without losing a single matter, he contributed to over two dozen litigations arising from the pandemic, including cases filed in both federal and state court and before the New Jersey Supreme Court. He also oversaw reforms of state workforce policies affecting 65,000 employees in order to maintain government services during the pandemic. Experienced in public relations, Platkin appeared at more than 100 COVID-19 press conferences, handling all questions regarding the state’s legal response to the pandemic.

Platkin’s extensive experience in negotiations and crisis management has contributed to his inclusion on various influencer lists, such as those published by NJBIZ, New Jersey Globe, Insider NJ, and ROI-NJ. For his work on the COVID-19 pandemic, he was recognized with the top ranking on the 2020 NJBIZ Law Power 50 list.

Platkin’s other accomplishments as Chief Counsel include:

• Negotiating numerous complex pieces of legislation, including three $40 billion annual state budgets
• Managing all litigation involving the Office of the Governor and approving affirmative litigation filed by the State of New Jersey
• Overseeing judicial, cabinet, and prosecutorial nominations, including the nominations or re-nominations of three Supreme Court justices and numerous Superior Court judges
• Supervising employee and labor relations, including contract negotiations and ethics issues, and managing labor negotiations that resulted in several nine-figure settlements
• Drafting executive orders, including one that established the most ambitious offshore wind energy target in the world

In January 2020, Platkin took a leave from the Office of the Governor to serve as Special Counsel to U.S. Senator Cory Booker during the impeachment trial of President Donald J. Trump.

Prior to entering public service, Platkin practiced litigation with a prominent Am Law 200 firm, where he focused on internal investigations and civil and criminal matters before the U.S. Attorney’s Office for the Southern District of New York, the U.S. Department of Justice, the New York Department of Financial Services, and various regulatory agencies.

Lowenstein Chairman and Managing Partner Gary M. Wingens says, “It’s an honor to welcome another brilliant lawyer to our already formidable team of litigators. Matt’s reputation for excellence extends across party lines, and our clients will greatly benefit from his range of experience in both the public and private sectors.”

Platkin’s arrival highlights the firm’s ongoing success in attracting prominent, accomplished former public servants, prosecutors, and trial lawyers whose experience enhances the team’s depth and breadth. The White Collar group, chaired by former Assistant U.S. Attorney Michael B. Himmel, has added other top-tier arrivals over the past several years, including partner Rachel Maimin, (former Assistant U.S. Attorney, Southern District of New York); partner H. Gregory Baker (former Senior Counsel, Division of Enforcement Asset Management Unit, U.S. Securities & Exchange Commission); partner Peter Slocum (former First Assistant Attorney General of New Jersey); special counsel Elie Honig (former Assistant U.S. Attorney, Southern District of New York;); special counsel Anne M. Milgram (former Attorney General of New Jersey); counsel Kathleen A. McGee (former Bureau Chief of the Bureau of Internet and Technology, New York State Attorney General’s Office); associate Shontae D. Gray (former Deputy Attorney General of New Jersey); associate Kent Anderson (former Deputy Attorney General of New Jersey); and associate Ryan P. Goodwin (former Senior Policy Advisor and Assistant Counsel to New Jersey Governor Chris Christie).

Partner Scott B. McBride (former Assistant U.S. Attorney, District of New Jersey; former Deputy Chief, Economic Crimes Unit; former member, Health Care & Government Fraud Unit) joined the firm in 2016, and partner Matthew Boxer (former New Jersey State Comptroller; former Director, New Jersey’s Authorities Unit; former federal prosecutor, Terrorism Unit, Criminal Division, and Special Prosecutions Division, U.S. Attorney’s Office) joined in 2014.

About Lowenstein Sandler LLP
Lowenstein Sandler is a national law firm with over 350 lawyers based in New York, Palo Alto, New Jersey, Utah, and Washington, D.C. The firm represents leaders in virtually every sector of the global economy, with particular emphasis on investment funds, life sciences, and technology. Recognized for its entrepreneurial spirit and high standard of client service, the firm is committed to the interests of its clients, colleagues, and communities.

Barnes & Thornburg has added Andrew P. Young as a partner in its San Diego office, where he will be a member of the firm’s Litigation Department. Young brings to the firm a decade’s worth of government prosecution experience, having served as Assistant U.S. Attorney in the Major Frauds and Public Corruption Unit for the Southern District of California and as a Criminal Trial Attorney in the Department of Justice’s Tax Division.

Young focuses his practice in the areas of white collar criminal defense, compliance, internal investigations, and complex business litigation. He was in private practice before joining the U.S. Department of Justice.

Young has tried more than a dozen complex, multi-week trials throughout the United States, including in challenging arenas in California, New York, Ohio, and Pennsylvania. As federal prosecutor he secured more than 100 convictions and seized more than $35 million in illicit gains. As a trial attorney in the DOJ’s Tax Division, he investigated and prosecuted federal tax crimes – namely, in the Southern District of New York.

Young also led the first-of-its-kind prosecution of a telecommunications CEO for providing encryption services and technology to transnational criminal organizations, an investigation that spanned the four continents and involved the FBI, DEA, the Australian Federal Police and the Royal Canadian Mounted Police. Before entering the public sector, his practice involved mass tort litigation, antitrust, and white collar criminal defense.
“We’ve grown an impressive bench of litigators in Southern California, and Andrew is the third prosecutor to join us from the U.S. Attorney’s office since 2019,” said Troy Zander, San Diego partner-in-charge. “Andrew is uniquely positioned to advise our clients and bolster our litigation practice in San Diego and beyond and I’m thrilled to welcome him.”
Young earned his J.D. from the University of Minnesota Law School, cum laude, and his B.A. from Georgetown University.

With more than 700 attorneys and other legal professionals, Barnes & Thornburg is one of the largest law firms in the country. The firm serves clients worldwide from offices in Atlanta, California, Chicago, Delaware, Indiana, Michigan, Minneapolis, New York, Ohio, Texas and Washington, D.C. For more information, visit us online at www.btlaw.com or on Twitter @BTLawNews

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Dicerna Pharmaceuticals, Inc., a leading developer of investigational ribonucleic acid interference (RNAi) therapeutics, has appointed Ling Zeng as chief legal officer and secretary and a member of the Company’s executive leadership team,” reported in Dicerna’s Press Release.

“Over a career spanning more than two decades in the life sciences industry, Ms. Zeng has gained broad and deep experience in biopharmaceutical law and global drug development, and has held multiple leadership positions in North America, Europe and the Asia-Pacific region. Ms. Zeng joins Dicerna from Novartis AG where she served as deputy head of the legal M&A group responsible for mergers and acquisitions (M&A). In her role, Ms. Zeng was responsible for M&A across all business units and regions. Prior to Novartis, Ms. Zeng held several senior-level positions at Bausch Health Companies, Inc., most recently as vice president and general counsel for Europe, the Middle East and Africa (EMEA), where she was responsible for EMEA legal matters in over 30 countries, and provided counsel on business development efforts, commercial operations, compliance, regulatory and IP strategies, and M&A transactions and integrations. Earlier in her career, Ms. Zeng was an associate at Cleary, Gottlieb, Steen & Hamilton in New York. Ms. Zeng was a research scientist prior to beginning her legal career.”

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“Omitting a small print photo credit can get you in big trouble under the copyright laws,” writes Jim Burger, Justin Mulligan, Mike Nepple, Michael Parks and Mark Sableman in Thompson Coburn’s Insights.

“That’s what happened recently when a court affirmed an award of almost $74,000 against BuzzFeed, because its reporter had copied a photo from the New York Post website and removed the photographer’s name.”

“Gregory Mango, the plaintiff, had authorized the New York Post’s use of his photo, and the Post provided the usual small print photo credit line (known as “gutter credit”) to him. A few months later, a BuzzFeed reporter copied Mango’s photo from the Post website and used it in a BuzzFeed article about the person depicted in the photo. BuzzFeed replaced the photo credit to Mango with the name of the law firm that represented the person depicted.”

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