“Prudential Financial, Inc. (NYSE: PRU) announced today that Tim Harris, executive vice president and general counsel, has decided to retire after a long and successful career. Ann Kappler, senior vice president, deputy general counsel and head of external affairs, will assume the role of executive vice president and general counsel, effective Sept. 1, 2020,” reports Laura Burke in Prudential’s Press Releases.

“Ann Kappler joined Prudential in 2009 as a chief legal officer, assuming positions with increasing responsibility. Prior to joining Prudential, Kappler held a variety of roles including general counsel, Fannie Mae; partner at WilmerHale; partner at Jenner & Block; and law clerk to Supreme Court Justice Blackmun. She also serves as chair of the Board of National Health Law Program, member of the Pro Bono Partnership Board and Dartmouth’s Rockefeller Center for Public Policy Board of Visitors. Kappler holds an AB, Dartmouth College, and a J.D. from New York University School of Law.”

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“Three recent decisions demonstrate how the legal landscape continues rapidly to change and evolve in response to COVID-19. These decisions highlight certain developing uncertainties in the law, including the impact of COVID-19-related executive and administrative orders on the rights of private parties,” report Jonathan P. Wolfert, Eddy Salcedo, Owen R. Wolfe, and Sarah Fedner in Seyfarth’s News & Insights.

The takeaways from these recent decisions are that “These decisions reflect the importance of staying up to date not only on various executive and administrative COVID-19 orders and anticipating the effects of those orders on pending litigation, but also Court decisions interpreting such orders or otherwise dealing with the effects of COVID-19. The legal landscape will continue to be affected as courts grapple with the continuing fallout from the pandemic.”

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“The Indiana Supreme Court has imposed a 90-day suspension jointly proposed by the Disciplinary Commission and the respondent” Andrew Homan,  with automatic reinstatement following his conviction of operating a vehicle while intoxicated and several violations, reports Mike Frisch in Legal Profession Blog.

“Respondent was arrested for, and later pled guilty to, OWI. As a result of his refusal to comply with Indiana’s implied consent law at the time of his arrest, and later as a result of his conviction, Respondent’s license was suspended from May 2017 until July 2018. Respondent twice drove while his license was suspended. In addition, Respondent’s criminal probation was revoked after he was found in violation for consuming alcohol.”

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“In recent weeks, because of the remoteness of our work forces, we have seen an increased incidence of abusive written communications between employees. It’s fair to say that we all have certain frustrations with our current situation, but in the past, when we all worked in the office or plant together, we could often work out those frustrations through face-to-face conversation. In face-to-face conversations, it is more difficult to say rude or abusive things to other employees. Unfortunately, a similar social barrier does not seem to be present when employees write emails or text messages,” warns Thomas H. Wilson in Vinson & Elkins’ Insights.

“In the recent General Motors case, the facts indicated that the employee in question, over the course of several meetings, used profane language toward managers, threatened them, and played loud, explicit music on his phone to interrupt the conversation. The administrative law judge, citing to the Board’s prior rulings on these types of communications, found that General Motors’ discipline against the employee—namely, a series of suspensions—constituted an unfair labor practice. The current Board overturned that opinion and the prior cases that supported it in its decision.”

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Navex Global – Discover the trends and behaviors that influence program effectiveness.

In our second annual definitive benchmark report, our experts analyze the trends defining and influencing the risk and compliance industry. Comparing year-over-year data, our 2020 report identifies key findings regarding program priorities, use of technology, leadership buy-in, and other program elements. This year, the report takes the data even further to also quantify the impact of those elements on program performance and success.

The data in this report represents detailed responses from professionals who actively manage or influence their program’s hotline and incident management, policy and procedure management, ethics and compliance training, and/or third-party risk management functions.

Download the report.

Pet owners’ love for their animals, along with the impact of COVID-19, are among the reasons decision-makers feel bullish about the future of private equity and animal care, according to a new survey of 100 industry leaders conducted by Katten.

The 2020 Private Equity in Animal Care Survey queried animal care operators and private equity representatives who participated in a private equity/animal care transaction over the past two years or expect to soon. The results reveal that what made animal care tempting for private equity before COVID-19 — low risk, good returns and relatively light regulation — began to resonate even more amid stay-at-home orders and perhaps a reevaluation of household priorities.

Despite its broad economic damage, the pandemic at least somewhat positively impacted 68 percent of private equity respondents’ outlook when it comes to animal care, while 61 percent of animal care respondents have become more open to private equity since COVID-19 swept through the United States in March 2020.

Additionally, 90 percent of private equity respondents agreed that animal care is an attractive target, and 71 percent expect private equity transactions in the sector to increase over the next year — with more than one quarter saying the increase would exceed 10 percent.

The survey, conducted online in May, also found that for all respondents, therapeutics and diagnostics were the greatest investment opportunity over the next two years. Technological advances in animal care are expected to accelerate as a result of COVID-19 — which is likely why survey respondents point to technology products for pet owners as an area ripe for investment.

Download the complete 2020 Private Equity in Animal Care report.

LOS ANGELES – July 27, 2020 – Redgrave LLP, the premier law firm focusing exclusively on eDiscovery and information law, is proud to announce today that Vanessa Barsanti has joined the Firm as a Partner in Los Angeles. Barsanti most recently served as Of Counsel at Kirkland & Ellis LLP, where she was a member of the eDiscovery Strategy team.

Barsanti has extensive experience in managing the discovery process, including managing collections, reviews and productions, organizing multi-track offensive and defensive written discovery, and drafting successful discovery motions and depositions.

As a member of multiple complete defense verdict trial teams, Barsanti has developed and implemented custom technical workflows to support eDiscovery processes. Her experience also includes developing procedures for efficient second-level review. She is a member of Women in eDiscovery.

Barsanti received her J.D. (with honors) from the University of Chicago School of Law and her B.A., magna cum laude, from Texas Christian University.

ABOUT REDGRAVE LLP

Redgrave LLP is one of the largest legal practices focused exclusively on addressing the legal challenges that arise at the intersection of the law and technology, including eDiscovery, information governance, data privacy, and data security. The Firm provides practical, innovative, and cost-effective solutions to clients across a diverse array of industries. Redgrave also works collaboratively with Am Law 100 law firms in a wide range of roles, and Firm lawyers have appeared in state and federal courts throughout the United States. Redgrave is proud to be a woman-owned business that celebrates diversity, cultivates inclusivity, and demands equality.

Redgrave is the only law firm nationwide ranked as Band 1 in the field of eDiscovery and Information Governance in the 2020 edition of Chambers USA, America’s Leading Lawyers for Business. Chambers & Partners produces this annual internationally recognized guide to the legal profession in the U.S. market by conducting thousands of interviews with private practice attorneys and clients.

Redgrave has office locations in New York, Washington, D.C., Northern Virginia, Cleveland, Chicago, Minneapolis, Austin, Los Angeles, and San Francisco.

“Gov. Mike DeWine on Thursday shifted gears and called on the Ohio General Assembly to repeal the law that would provide a $1 billion bailout of two nuclear power plants on Lake Erie, given revelations about the alleged $60 million bribery scheme that led to its passage,” reports Jim Provance in The Blade.

“He said the process behind the bill’s passage ‘stinks’ and has tainted what he has said is still the good policy behind saving the Davis-Besse nuclear plant near Oak Harbor and the Perry plant east of Cleveland.”

“He called on lawmakers to repeal and replace House Bill 6 through an open process ‘that the public can have full confidence in.'”

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“The COVID-19 pandemic has caused cost overruns and project delays that construction owners and contractors could have never imagined before 2020,” write
Elizabeth D. Charnowski and Carl R. Pebworth in Faegre Drinker’s Insights.

“These unanticipated circumstances can create contract application and interpretation challenges for the unwary construction partner. For example, even if a prime contract expressly requires a specific notice period for change orders, parties can waive or circumvent these requirements in a range of ways. Now, more than ever, prudent construction partners must act carefully to avoid unforeseen impacts. That is especially true when project sites shut down due to executive orders and as work later restarts. Many contractors may now be seeking extra time or compensation for these project delays. How do prudent owners and contractors navigate these uncertain circumstances?”

They provide some considerations to bear in mind.

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“Poseida Therapeutics, which launched its IPO on Nasdaq earlier this month, has hired Harry Leonhardt as general counsel and chief compliance officer (CCO),” reports Ben Maiden in Corporate Secretary’s Appointments.

“Leonhardt was most recently senior vice president, general counsel, CCO, corporate secretary and a member of the executive committee at Halozyme Therapeutics. Before working at Halozyme, he was senior vice president for legal and compliance, corporate secretary and a member of the executive committee at Amylin Pharmaceuticals, which was acquired by Bristol Myers Squibb in 2012.”

“Earlier in his career, Leonhardt served as general counsel for a number of San Diego, California-based biotech companies, and as chief litigation counsel and later as general counsel for the European region at Allergan Pharmaceuticals. Before that he was an intellectual property litigator in Los Angeles.”

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“Holland & Knight is facing a lawsuit alleging that it failed to prevent the transfer of more than $3 million to a fraudster’s account in Hong Kong,” reports Debra Cassens Weiss in ABA Journal’s News.

“The lawsuit, filed in June in Utah state court, was removed to federal court this week, the American Lawyer reports.”

Holland & Knight is accused of failing to investigate after the fraudster intercepted emails regarding a stock sale, posed as the seller, and instructed the law firm to wire $3.1 million from the stock buyer to another account. The new fraudulent account was identified as Wemakos Furniture Co. Limited.”

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“The current COVID-19 pandemic has forced many businesses online in order to survive. In many cases, businesses had no plans to be online. Others were forced to move online more quickly than planned,” writes John E. Ottaviani in Partridge Snow & Hahn’s Client Alerts.

Partridge Snow & Hahn “have prepared a series of articles discussing some of the more important legal issues to address when moving your business online. Website Terms discusses online terms and conditions to protect your business. Privacy Policy discusses how your business collects, uses and discloses personal information of others. Third Party Content discusses the risks of copying photos, music, videos, and other content created by third parties onto your website. E-Commerce Policies discusses e-commerce policies that a website selling products or services should have in place. Creating Enforceable Contracts discusses the safest method to ensure that you can enforce your online terms and conditions protecting your business. Written Information Security Programs (WISPs) discusses several reasons why it is important for all businesses to prepare a WISP and to keep it updated. Protecting Your Brand discusses the process of selecting and protecting your brand.”

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“Arbitration agreements are an increasingly popular way for employers to manage employment disputes effectively and efficiently. A common provision in arbitration agreements is a class action waiver, wherein the parties agree to resolve any dispute on an individual basis. Any employer who has faced a wage and hour class action understands how complex and expensive such cases can be to defend, regardless of merit,” warns Michael Thompson in California Employment Law Report.

“A recent published decision from the California Court of Appeal reminds us that arbitration agreements are subject to many of the pitfalls of contract. Specifically, regardless of what you want it to accomplish, a contract is only as good as what it actually says.”

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Paul “Jake” York, an attorney in Georgia, is accused of forging not just a prosecutor’s signature but also a judge’s in the hopes of getting his client’s ankle monitor taken off. “York’s client, Valerie Ryals, was ordered to wear an electronic ankle monitor after she was arrested for aggravated stalking. That set back the single mom $380 every two weeks, and York believed the charges against his client would ultimately be dismissed, so he asked assistant District Attorney Meredith Davis to sign off on bond modification,” writes Kathryn Rubino in Above the Law’s Lethal Ethics.

“York filed an order that would allow his client to remove the ankle monitor that purported to be signed by ADA Davis and Habersham County, Georgia Superior Court Judge B. Chan Caudell. Only problem, Caudell does not recall that at all and wasn’t even able to sign the order the date it was dated.”

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“Judge Klausner, sitting in the Central District, dismissed a claim brought by a class of Princess Cruise Line passengers premised on their exposure to COVID-19 while aboard the now-infamous cruise ship that departed San Francisco for Hawaii on February 21, 2020,” reports Patrick Hammon in McManis Faulkner’s Blog.

“Plaintiffs, Ronald and Eva Weissberger, while still on the ship, filed suit against the cruise line on March 9, as the Grand Princess docked at the Port of Oakland alleging a claim for negligence. Although the Weissbergers did not test positive for COVID-19 (or suffer symptoms of the disease), they sought to recover damages for the emotional distress they suffered based on their fear of contracting coronavirus while quarantined on the ship.”

“Defendant, Princess Cruise Lines, moved to dismiss, arguing Plaintiffs failed to state a claim. The district court explained, as an initial matter, that Plaintiffs’ negligence claim had to be considered as a claim for negligent infliction of emotional distress (NIED), since Plaintiffs did not seek to recover for any physical harm, instead alleging only that they suffered emotional distress and mental anguish associated with their ‘of developing COVID-19’ on the ship.”

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The International Association of Defense Counsel (IADC) has announced that Marc S. Blubaugh, a partner at Benesch, Friedlander, Coplan & Aronoff LLP (Benesch) in Columbus, Ohio, has accepted an invitation to join the IADC, the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests.

Co-chair of the Transportation & Logistics Practice Group and vice chair of the Litigation Practice Group at Benesch, Blubaugh focuses his practice predominantly on representing the commercial users (manufacturers, distributors, retailers, etc.) and providers of domestic and international transportation and logistics services (motor carriers, freight forwarders, transportation brokers, warehouse operators, etc.). His litigation work includes high-dollar cargo claims; freight charge and pricing controversies; breaches of transportation, logistics and warehousing agreements; prosecution of subrogation claims; insurance coverage disputes; trade-secrets and unfair competition litigation; and class action defense. In addition, he defends carriers, third-party logistics providers, and shippers in catastrophic injury actions arising out of the transportation of goods.

Blubaugh is a past president of both the Transportation Lawyers Association and Columbus Roundtable Council of Supply Chain Management Professionals. He serves as general counsel for the Intermodal Association of North America and is an active member of the Transportation Intermediaries Association, Canadian Transportation Lawyers Association, American Trucking Associations, National Shippers Strategic Transportation Council and International Warehouse Logistics Association. In addition, he is president-elect of the Central Ohio Chapter of the Juvenile Diabetes Research Foundation.

Blubaugh received his J.D. (summa cum laude) from The Ohio State University Moritz College of Law and his Bachelor of Arts (magna cum laude) from Case Western Reserve University.

About the International Association of Defense Counsel
The IADC is the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests. Founded in 1920, the IADC has members who hail from six continents, 51 countries and territories, and all 50 U.S. states. The core purposes of the IADC are to enhance the development of skills, promote professionalism, and facilitate camaraderie among its members and their clients, as well as the broader civil justice community. For more information, visit www.iadclaw.org.

Bradley Arant Boult Cummings LLP is pleased to announce that Jay Bender, a partner in the firm’s Birmingham office, has been presented with the Alabama Commendation Medal from the Alabama Army National Guard for his work on drafting and helping to secure passage of the “Honoring American Veterans in Extreme Need Act of 2019” (HAVEN Act; H.R. 2938).

Bender was honored July 24 at the 2020 Alabama Military Law Symposium where he was presented with the award by Amy Quick Glenos, an attorney at Ogletree, Deakins, Nash, Smoak & Stewart, P.C., and a reserve component soldier and captain in the U.S. Army JAG Corps., Alabama Army National Guard, for which she also serves as trial counsel.

The HAVEN Act, which passed Congress and was signed into law last year, changed U.S. bankruptcy laws to better protect the economic security of disabled veterans experiencing financial hardship. Bender was instrumental in the drafting of the original HAVEN Act bill in 2017, worked pro bono on the initiative along with other Bradley attorneys, and served as co-chair of the Legislative Committee of the American Bankruptcy Institute Task Force on Veterans and Service Members Affairs – of which Bender is a founding member – that actively promoted the HAVEN Act on Capitol Hill.

Bender also was recognized for his work with members of the Alabama Army National Guard on writing an article that provided valuable analysis of the HAVEN Act, published in the July 2020 military edition of the Alabama State Bar’s Alabama Lawyer magazine.

The Alabama Commendation Medal recognizes meritorious and outstanding services and accomplishments, including military performance in direct support of the state’s military forces.

Last year, Bender received the inaugural Service to Veterans Award from the American Bankruptcy Institute for his pivotal role in drafting and helping to turn the HAVEN Act into law. He also received Bradley’s Core Value Award for Community Service earlier this year.

A member of Bradley’s Bankruptcy and Creditors’ Rights Practice Group, Bender represents lenders, indenture trustees, and other creditors in bankruptcy cases and receivership proceedings and in out-of-court negotiated workouts, loan restructurings, and orderly liquidations involving privately and publicly owned borrowers. He also regularly advises financially troubled businesses and their leadership teams, both in out-of-court restructurings and in chapter 11 bankruptcy proceedings. In addition, he has extensive experience representing debtors, creditors, and other parties in chapter 9 bankruptcy cases involving distressed municipalities. A Fellow in the American College of Bankruptcy,Bender formerly served as chair of Bradley’s Bankruptcy, Restructuring, and Distressed Investing Practice Group.

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.

“A trucking lawsuit against carrier New Prime that has lasted five years and prompted a decision by the U.S. Supreme Court could be nearing an end,” reports Mark Schremmer in Land Line.

“A $28 million settlement agreement in truck driver Dominic Oliveira’s class action lawsuit against New Prime was filed in Massachusetts federal court on Monday, July 20. The lawsuit alleged that the Springfield, Mo.-based trucking company violated the Fair Labor Standards Act. According to Oliveira, New Prime paid him less than minimum wage. After deductions for fuel and lease payments on the truck, Oliveira said he was occasionally left owing the company money at the end of the pay period.”

“If approved, funds will be distributed to the named plaintiffs, as well as about 40,000 potential class members who leased their trucks through New Prime at any time from Oct. 2, 2012, through May 8, 2020, or those who attended training in Missouri to become New Prime truck drivers at any time since March 4, 2010, through May 8, 2020.”

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“As the COVID-19 pandemic continues with no certain end in sight, courts and lawyers alike must come to terms with the possibility that the conduct of trials may require dramatic changes to keep the wheels of justice turning,” write Thomas B. Fiddler and Vincent N. Barbera in White and Williams’ News & Resources.

“While bench trials (by video, and in some instances, live) present their own logistical challenges and strategic considerations, the prospect of video trials by jury adds additional layers of complexity. One threshold factor that must be carefully considered is the impact of video jury trials on the jury pool itself.”

“Significant change to any longstanding practice has consequences, both good and bad, and a shift to conducting jury trials remotely is no exception. Replacing the need to report to court for jury duty with the need to report to one’s personal computer may help remove barriers associated with transportation, but invariably presents a host of new questions and challenges. What about potential jurors who do not own or have access to the necessary technology to participate? What about potential jurors who do not possess the necessary skills to operate the technology required to fully and appropriately participate? These and similar questions highlight an unintended, but likely consequence: the de facto exclusion of jurors who do not own the requisite assets or possess the necessary technical skillset to qualify for remote jury service. In turn, there is a realistic possibility that neither plaintiffs nor defendants will have access to the jury of their choosing or a jury of ‘their peers.'”

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“Amazon.com Inc. and Alphabet Inc.’s Google LLC have hired a pair of public policy experts to expand their antitrust and energy capabilities,” reports Brian Baxter in Bloomberg Law’s Business and Practice.

“Sean Pugh and James ‘Jamey’ Goldin left Faegre Drinker Biddle & Reath and Nelson Mullins Riley & Scarborough, respectively, this month for in-house legal roles at the technology giants.”

“Pugh, a former Senate Judiciary Committee staffer who served as antitrust counsel to Sen. Mike Lee (R-Utah), confirmed in an email that he joined Amazon’s public policy shop July 6.”

“Pugh joined Amazon after five months at Faegre Drinker, a law firm that hired him as counsel in March for its litigation group in Washington. Faegre Drinker advised Boulder, Colo.-based warehouse robotics startup Canvas Technology LLC on its $100 million sale to Amazon in 2019.”

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