Werner Student Drivers Deprived of Nearly $800,000 Jury Verdict

“Tens of thousands of former Werner student trucker drivers won’t see a dime of a six-figure verdict in a wage lawsuit after a federal court determined a report from a key witness for the plaintiffs is inadmissible,” reports Tyson Fisher in Land Line.

“On June 22, a judge for the U.S. District Court for the District of Nebraska denied the Werner student drivers a new trial. The case was remanded to the district court after Werner received a favorable ruling from the Eight Circuit Court of Appeals. The appellate court ruled that a key expert witness cannot be used by the drivers since the plaintiffs missed the disclosure deadline. With that turn of events, the district court determined that the drivers have no case without that expert’s report.”

“The nearly 10-year-old class action lawsuit is based on Werner’s eight-week training program. Former student drivers accuse the company of violating federal and state wage laws. The complaint alleges that Werner failed to compensate trainees for short-term breaks or for time spent resting in the sleeper.”

“The original complaint was filed in September 2011. Although a jury trial was initially scheduled for October 2014, litigation kicked the can down the road for several years. A trial and verdict was finally reached in May 2017. A jury found that Werner owed drivers for breaks of 20 minutes or less. However, the jury also relieved Werner of wages owed for sleeper berth time.”

Read the article.




Bob Johnson joins USAA as Chief Legal Officer, General Counsel

“USAA has named Bob Johnson its Chief Legal Officer and General Counsel, reporting to CEO Wayne Peacock,” reports USAA Media Relations in WFMZ-TV’s news.

“Johnson joins USAA from commercial bank Truist Financial Corporation, where he was General Counsel, Corporate, Commercial and Legal Shared Services. He succeeds Deneen Donnley, who announced her retirement from USAA in September 2019.”

“Johnson brings more than 23 years of legal and financial services expertise to the association, including substantial experience working with federal banking regulators in supervisory and government relations capacities.”

“Earlier in his career, Johnson was General Counsel at BB&T for nearly ten years, with oversight of the legal, government affairs, human resources, and corporate social responsibility teams. He also was part of an executive team that oversaw a substantial build-out of BB&T’s risk and compliance organizations, and was the corporate secretary for the BB&T Board.”

Read the article.




Law Grads Have Had Job Offers Rescinded at 49% of Surveyed Law Schools 

“Law grads have had employment offers rescinded at 49% of the law schools surveyed by the National Association for Law Placement,” reports Debra Cassens Weiss in ABA Journal’s Latest News.

“Hardest hit were graduates of schools in the Southeast region, where 57.5% of the schools reported rescinded offers; and schools with more than 750 students, where 61% reported rescinded offers. ”

“Rescinded offers were most common in private practice. Among schools that reported rescinded offers, 85% said private sector employers had done so.”

Read the article for more findings.

Read the article.




Aptar Recruits General Counsel

“Kimberly Chainey will join NYSE-listed AptarGroup as executive vice president and global general counsel, effective July 27,” reports Ben Maiden in Corporate Secretary’s Appointments.

“She was most recently vice president and general counsel with Panasonic Avionics Corporation. According to Aptar, Chainey has more than 15 years of international and domestic experience advising C-suite executives and boards of directors of Global 100 and Fortune 500 companies, venture companies and government entities.”

“She has held progressively senior roles with law firms and companies including Morgan Lewis, The Hershey Company and Avis.”

“In her new role, Chainey will be responsible for Aptar’s global legal affairs and will become a member of the company’s executive committee.”

Read the article.




Female Construction Workers Get $1.5M Settlement in Sexual Harassment Case

“New York Attorney General Letitia James announced … that a group of female construction workers who experienced years of sexual harassment at a Long Island contracting firm will receive a $1.5 million settlement, after James’ office discovered not only harassment but retaliation for reporting it,” reports Rebecca Baird-Remba in Commercial Observer.

“James’ office found that the 18 women, the majority of whom are Black, endured a hostile and discriminatory work environment while working as general laborers for TradeOff, a Lynbrook, Long Island-based firm which provides nonunion labor for major construction sites across the city, including Hudson Yards.”

“Union representatives from Local 79 referred to TradeOff as a ‘body shop’ because it recruits most of its workers through prison reentry programs and pays them a fraction of what union laborers earn.”

Read the article.




Am Law 50 Firm To Lay Off Lawyers And Staff, Close Office

“Bryan Cave Leighton Paisner co-chairs Steve Baumer and Lisa Mayhew sent a firmwide email letting everyone know that it will be laying off attorneys and staff as a result of the coronavirus crisis. On top of that, the firm will be shuttering its Beijing office,” reports Staci Zaretsky in Above the Law’s Biglaw.

“BCLP will offer severance to the affected lawyers and staff based on the higher salaries they received prior to the cuts that the firm instituted in April and reimburse the 15 percent salary cuts to those who are laid off before they leave the firm. The firm will also offer outplacement coaching and counseling to those who are let go.”

“Sources have already told us that associates in the firm’s Phoenix and Dallas offices have been affected by the layoffs. Let us know if your office has been impacted.”

Read the article.




Quarles & Brady Continues Momentum in Diversity, Inclusion and Client Relations with Addition of Cornell Boggs

Cornell Boggs, who will be based in the firm’s Chicago office, will play an integral role in the firm’s Diversity & Inclusion and client-relations efforts. He was recognized as a “Legend in Law” by receiving the prestigious Burton Award from the Library of Congress and the American Bar Association, and Savoy magazine named him among the “Most Influential Black Corporate Directors” in 2017 and 2016, one of the “Most Influential Black Lawyers” in 2015, and as one of the “Top 100 Influential Blacks in Corporate America” in 2014.

Boggs will bring his unique background and vantage point to his work with the firm’s attorneys in building teams and promoting collaboration to provide the best client experience and outcomes. He will also work closely with the firm’s leadership and diverse lawyers to create pathways for success, improve their experience and increase diversity in the firm.

Boggs is currently the vice chair of the board of directors and chair of the governance committee at Thrivent Financial, a Fortune 500 company, where he will continue to serve. His previous roles include serving as General Counsel at both Toys “R” Us and Dow Corning, Chief Responsibility and Ethics Officer for MillerCoors, as well as prominent leadership positions at other Fortune 500 companies.

Boggs holds a Juris Doctor from Valparaiso University, where he is a long-time board member. He is also on the board of directors of the nonprofit International Institute for Conflict Prevention and Resolution.

About Quarles & Brady LLP
Quarles & Brady is a full-service AmLaw 200 firm with nearly 500 attorneys offering an array of legal services to corporate and individual clients that range from small entrepreneurial businesses to Fortune 100 companies, with practice focuses in health care and life sciences, business law, labor and employment, real estate, intellectual property, data privacy and security, and complex litigation. The firm has 10 offices across the U.S.: Chicago; Indianapolis; Madison, Wisconsin; Milwaukee; Minneapolis; Naples, Florida; Phoenix; Tampa, Florida; Tucson, Arizona; and Washington, D.C. Additional information can be found online at quarles.com, as well as on Twitter, LinkedIn, YouTube and Facebook.




Barnes & Thornburg Adds Skilled Litigator, Joseph A. Matteo, in New York Office

Joseph A. Matteo, an accomplished commercial litigator, has joined Barnes & Thornburg as a partner in the firm’s Litigation Department. Matteo will be based in the firm’s newly opened New York office, where he joins six new lateral partners and several other attorneys from some of the city’s most elite law firms.

Matteo has deep experience representing clients in a wide range of disputes, including securities litigation and bankruptcy-related matters, which are expected to be increasingly prevalent in the current economic environment. He also has significant experience helping clients with business torts and employment claims.

Matteo has represented investment funds, commercial and boutique investment banks, broker dealers, and corporate clients in a variety of matters in the state, federal, and bankruptcy courts in across the country, as well as in front of various arbitration tribunals.

Matteo earned his J.D. from the University of Virginia and his B.S. in Foreign Service 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.




Sammy Ford IV is Named AZA Partner

A highly acclaimed lawyerMr. Ford has tried more than two dozen cases before judges, juries and arbitrators around the United States. He has successfully represented businesses and individualsboth plaintiffs and defendants, in a wide range of civil litigation including in cases worth more than $40 million. 

“Sammy is a superb lawyer, bringing intelligence, creativity and deep experience to every case he touchesHe is a natural in front of juries,” said AZA co-founder John Zavitsanos. “He cares not only about his clients but also about the profession and has been active in local and state bar associations.” 

Mr. Ford is board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. He was elected to the prestigious American Board of Trial Advocates (ABOTA) and named among The National Trial Lawyers Association’s “Top 40 under 40.” He has been recognized by attorneys across the United States, earning a place on the list of the Best Lawyers in America 2020 for commercial litigation, and he’s been named  a “Top 100 Texas Up & Coming” lawyer on the Texas Rising Stars list for his business litigation skills every year since 2017. 

“He is the most unflappable and mentally tough lawyer I’ve ever seen,” said AZA partner Todd Mensing, who has worked closely with Mr. Ford. 

Mr. Ford previously practiced law at Abraham Watkins and at Susman Godfrey. He clerked for U.S. Circuit Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit. He is an honors graduate of the University of Texas School of Law and graduated with high honors from Harvard University. 

A Houston nativeMr. Ford is active in legal and educational charitable organizations and special projects. He served on the board at his high school alma mater because he believes strongly that education and mentoring can make a difference and provide young people with the spark or the confidence that carries them through life. Through his work with the Houston Bar Associationhe helped create a contest for special needs kids, and he has been active in an anti-drug program in which he accompanies a doctor to schools to explain the negative effects that drugs can have on people’s lives. 

Mr. Ford is a member of the State Bar of Texas Computer Law and Technology Council and numerous committees of the Houston Bar Association. He has also developed and presented at dozens of legal seminars over the last eight years. 

AZA, or Ahmad, ZavitsanosAnaipakosAlavi & Mensing P.C., is a Houston-based law firm that is home to true courtroom lawyers with a formidable track record in complex commercial litigation, including energy, intellectual property, and business dispute cases. AZA is recognized by Chambers USA 2020 among the best in Texas commercial law; by U.S. News – Best Lawyers’ Best Law Firms as one of the country’s best commercial litigation firms for eight years running; was named 2019 Litigation Department of the Year by Texas Lawyer; and was previously dubbed by Law360 a Texas Powerhouse law firm. National corporate counsel named AZA one of the country’s best in client service among law firms serving the Fortune 500 and 1000. 




The Supreme Court’s Big Rulings Were Surprisingly Mainstream This Year

“The Supreme Court just wrapped up its first full term with two of Trump’s nominees on the bench. But the court’s much-anticipated conservative revolution didn’t really happen this year. To be sure, the last few weeks of the term were full of consequential decisions that hinged on just one vote. But even though there were some fierce disagreements among the justices, the court’s final rulings were actually not very controversial at all — at least from the perspective of most Americans,” reports Amelia Thomson-DeVeaux and Anna Wiederkehr in FiveThirtyEight’s Supreme Court.

“According to a recent survey by a group of researchers at Stanford, Harvard and the University of Texas, Austin, which asked Americans about central issues facing the court, the justices’ rulings were in line with public opinion in 8 out of 10 major cases.”

Read the article.




No End in Sight for Business of ERISA Litigation

“ERISA litigation continues to flourish thanks to veteran plaintiffs’ attorneys refining their strategies, newcomers entering the ERISA arena using traditional arguments and lawsuits being filed against smaller plans,” reports Robert Steyer in Pensions & Investments’ Courts.

“For the veteran plaintiffs’ attorneys, their lawsuits ‘generally are sophisticated and appear to respond to roadblocks from decisions that have gone against plaintiffs,’ Thomas E. Clark Jr., a St. Louis-based partner and chief operating officer of Wagner Law Group who represents sponsors, wrote in an email.”

“For the new crop of law firms filing suits, “these complaints appear to generally be cookie cutter and borrow from legal theories from earlier lawsuits,” he wrote.”

“Recent defendants include Costco Wholesale Corp., Paychex Inc., KeyCorp, Land O’ Lakes Inc., Estee Lauder Inc., Oshkosh Corp., Automatic Data Processing Inc., MedStar Health Inc., Astellas US LLC, Quest Diagnostics Inc., Universal Health Services Inc., Schneider Electric Holdings Inc., CDI Corp., and CommonSpirit Health.”

“And that’s only since Memorial Day.”

Read the article.




Merck Hires General Counsel for Spin-Off Business

“Kenilworth, New Jersey-based Merck has picked Deborah Telman to be the general counsel of Organon & Co, its intended spin-off of the company’s women’s health, legacy brands and bio-similars businesses,” reported by Ben Maiden in Corporate Secretary’s Appointment.

“The company describes the appointment of a general counsel as an ‘important milestone’ in preparations for Organon & Co to operate independently. The spin-off transaction is scheduled for completion in the first half of 2021.”

“In her new role, Telman will be senior legal adviser to the board, CEO and senior management, with responsibility for the company’s global legal, compliance and environmental health and safety matters. She will join Organon from Sorrento Therapeutics where she has been senior vice president, general counsel and corporate secretary, heading up the legal, compliance, human resource and quality functions.”

Read the article.




Many Public Defenders in Indiana Getting Compensated Less Than Minimum Wage

“Many attorneys doing public defender work do so under contract with counties – meaning they get paid a flat amount, regardless of the number of hours they work. And that’s the primary method of public defense in about a third of Indiana,” reports Brandon Smith in Indiana Public Media.

“Many lawyers in Indiana doing public defender work earn less than minimum wage, after accounting for overhead costs.”

“Those attorneys have significant overhead costs that public defenders who are employees of the counties don’t have, staffing and office space the most significant.”

“And when taking into account those overhead costs, the Public Defender Commission’s survey says contract attorneys earn less than $6 per hour.”

Read the article.




Managing Media Cases in the Age of COVID-19 Budgets

Just when lawsuits against the media are on the rise, litigation budgets are being squeezed by the economic shock of the pandemic. Please join us on July 23 for a two-part webinar that will discuss how to navigate those difficult waters.

Nathan Siegel and Kelli Sager will discuss the critical importance of early case assessment and how recent legal developments are affecting that process. Kate Bolger will follow with a roundtable discussion with legal executives from film, television, print and digital media companies on how they are managing this crisis.

Join the webinar.




[Hanzo Webinar] Slack For Legal Teams: Getting The Most Out Of Collaboration While Mitigating Risk

Hanzo, a pioneer of contextual collection and dynamic web content ediscovery and compliance software, today announced an outstanding lineup of industry experts for an upcoming live webinar, Slack For Legal Teams: Getting The Most Out Of Collaboration While Mitigating Risk, on July 29, 2020, at 1:00 pm ET. In this live webinar event, panelists will explore how legal teams can use Slack for their own operational efficiency, guide corporate use to mitigate risk, and uncover best practices for managing discovery obligations with collaboration data.

EVENT DESCRIPTION
In this work-from-home world, collaboration applications like Slack have gone from the relatively small domain of IT and Development to expand, almost overnight, across the entire corporation. This dramatic shift means two things for legal: understanding the opportunity of this new platform and managing the risk within their business. This webinar will shine a light on how legal teams can reap the productivity benefits of Slack in their daily communications and operations. It will also explore how legal can be on the front lines to improve corporate use and governance of Slack, and share practical insights regarding meeting the preservation challenges of modern collaborative data.

Speakers will discuss:
– An overview of Slack and why it’s replacing email and changing the way work gets done
– Why legal teams should be embracing Slack to improve their communications and operations.
– Why is collaboration content the brave new world for ediscovery
– Best practices for information governance and preservation to improve corporate use of Slack
– The power of Slack’s Discovery API and purpose-built discovery solutions

SPEAKERS
Moderator:
– Brad Harris, VP Product, Hanzo

Panelists:
– Mark Pike, Legal Director, Product Counsel, Slack
– Ellen Blanchard, Director, Discovery and Information Governance, T-Mobile
– Meghan Brosnahan, Information Governance & eDiscovery Leader

WEBINAR REGISTRATION
Slack For Legal Teams: Getting The Most Out Of Collaboration While Mitigating Risk
Date: July 29, 2020
Time: 1:00 pm ET
Cost: Free
Registration link: https://www.hanzo.co/webinar-internal-investigations-in-the-age-of-collaboration-and-remote-work

ABOUT HANZO
Hanzo provides modern ediscovery and compliance software for enterprise organizations. Our solutions empower legal and compliance teams to efficiently manage the preservation, targeted collection, and review of dynamic content from enterprise collaboration applications, social media, and complex websites. Hanzo is SOC 2® Type 2 certified, demonstrating Hanzo’s commitment to data security and serves large corporations across the globe—giving them control, visibility, and context over their data to reduce cost and mitigate risk. Learn more at hanzo.co and follow updates on Twitter: @gethanzo or on LinkedIn.

Contact
Sarena Regazzoni
Director of Corporate Communications
Hanzo
503-407-4208
sarena@hanzo.co




IADC Announces New Board Members and Leaders for 2020-21

The International Association of Defense Counsel (IADC) has elected new IADC Board of Directors members for 2020-21, including new board leaders. The elections were announced at the IADC’s 2020 Annual Meeting. The IADC is the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests.

The IADC board oversees activities that benefit the organization’s members and their clients, as well as the civil justice system, the legal profession, and society in general. In addition to its core purpose involving professional development for members, the IADC takes a leadership role in many areas of legal reform. IADC members are among the world’s leading corporate and insurance lawyers at large and small law firms and senior counsel in corporate law departments, as well as corporate and insurance executives. Members represent the largest corporations around the world, including the majority of companies listed in the FORTUNE 500.

The new IADC board leaders, along with their law firm affiliations, are:

President
Andrew S. Chamberlin
Ellis & Winters LLP
Greensboro, North Carolina

President-Elect
Spencer H. Silverglate
Clarke Silverglate, P.A.
Miami, Florida

Immediate Past President
Amy Sherry Fischer
Foliart, Huff, Ottaway & Bottom
Oklahoma City, Oklahoma

Vice President of International
Paul Lefebvre
Hanotiau & Van Den Berg
Brussels, Belgium

Secretary Treasurer
Donna Lamontagne
Lamontagne, Spaulding & Hayes, LLP
Cranston, Rhode Island

The new IADC board members, along with their law firm affiliations, are:

Christopher S. Berdy
Butler Snow LLP
Birmingham, Alabama

James F. Rogers
Nelson Mullins Riley & Scarborough LLP
Columbia, South Carolina

Alba Arriaga Romano
Riley, Hewitt, Witte & Romano, P.C.
Pittsburgh, Pennsylvania

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, 54 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.




Sidley Expands Private Equity Practice With the Addition of Partner Nicolai Schwarz-Gondek in Century City

Century City – Sidley Austin LLP is pleased to announce that Nicolai Schwarz-Gondek has joined the firm as a partner in Century City. Mr. Schwarz-Gondek will be a member of Sidley’s Private Equity practice. He was previously a partner at O’Melveny & Myers LLP.

Schwarz-Gondek concentrates his practice on private equity and M&A transactions, with a particular focus on the representation of private equity sponsors and other institutional investors in connection with mergers, stock and asset acquisitions and divestitures, and leveraged and management buyouts. He also represents target and acquiring companies, including the portfolio companies of private equity firms, in a broad range of M&A transactions. His practice has included a variety of industries, such as information services and technology, manufacturing, media, software, and renewable energy.

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.




Foley Expands Labor & Employment Practice With Addition of Katharine Beattie in Boston

Foley & Lardner LLP announced today that Katharine Beattie, an experienced labor and employment litigator and counselor, has joined the firm’s Boston office as a partner in its Labor & Employment Practice Group.

Beattie represents and counsels employers on a wide range of employment issues, including discrimination and harassment, leaves of absence, wage and hour disputes, employment classification, wrongful termination, trade secret protection, and the enforcement of noncompetition and nondisclosure agreements. She has extensive experience representing clients in cases before federal and state courts, arbitrators and administrative agencies, including state fair employment and human rights agencies.

Beattie’s practice also includes managing and conducting internal investigations of harassment and discrimination claims, wage and hour compliance issues, whistleblower claims, and allegations of ethics and code of conduct violations. She frequently advises clients on a range of collective bargaining issues and appears before the National Labor Relations Board with respect to unfair labor practice charges and union election proceedings.

In addition, Beattie provides labor and employment guidance on corporate merger and acquisition transactions, and she regularly negotiates and drafts executive employment agreements on behalf of both publicly and privately held companies.

Beattie comes to Foley from Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., where she was a member of the Employment, Labor & Benefits Practice Group. Before that, she served as vice president at NTT DATA, Inc., where she managed commercial and employment litigations, advised human resources and business executives on all aspects of employment law, and handled internal investigations, training and compliance.




Veteran State Court Judge Rips Bar Exam, Says Test ‘Does Not Function to Protect The Public’

“Judge Darleen Ortega has spent 17 years on the Oregon Court of Appeals and she’s learned a thing or two about the bar exam as she’s watched from her judicial perch. So when Oregon opted to join Utah and Washington in granting emergency diploma privilege in light of the COVID-19 pandemic and she saw mainstream outlets write the usual jeremiads about the “danger” to the public of a world without a bar exam, Judge Ortega let everyone know exactly what she’s learned about the bar exam,” reports Joe Patrice in Above the Law’s Law Schools.

“It’s pretty much useless.”

Read the article.




Prenuptial Agreement vs. Revocable Trust: Who Wins?

“Prenuptial agreements get litigated all the time in probate proceedings,” warns Juan C. Antúnez  in Stokes McMillan Antúnez Martinez-Lejarza P.A.’s Blog.

“The challenge in these cases (as in all inheritance litigation) is to not let yourself get caught up in your client’s wishful thinking. Just because a certain outcome seems really unfair doesn’t mean your probate judge will (or should) rule in your favor. This may seem like an obvious point, but you’d be surprised how hard it can be to not fall into this trap in real life.”

Read the article.