BIRMINGHAM – Bradley Arant Boult Cummings LLP is pleased to announce that Robert Maddox, a partner in the firm’s Birmingham office, has been accepted as a Fellow in the American College of Mortgage Attorneys (ACMA).

“We congratulate Robert on his acceptance into the prestigious American College of Mortgage Attorneys,” said Bradley Birmingham Office Managing Partner Dawn Helms Sharff. “This honor is a reflection of his vast accomplishments in the financial service and mortgage sectors.”

ACMA is comprised of more than 400 lawyers in North America who are experts in mortgage law. Fellows must have distinguished themselves as practitioners in the field of real estate mortgage law through their skills and practice experience, bar association activities, lecturing, authoring articles and program materials, participation in the legislative process, and writing briefs and/or arguing cases that are significant to mortgage transactions.

Mr. Maddox practices in financial services litigation with an emphasis in mortgage and compliance litigation. He has litigated all facets of the mortgage industry: origination, warehouse lending, pooling and servicing agreements, loan repurchase disputes, investor disputes, secondary market representations and warranties, servicing matters, commercial mortgages, settlement services issues and mortgage fraud. These matters are in various contexts including pre-litigation complaints by borrowers, state agencies and consumer advocacy groups, class action, consumer litigation, bankruptcy and representing the investor/servicer as plaintiff in seeking recovery for fraud, title insurance coverage, repurchase and contract/commercial disputes.

Also a Certified Mortgage Banker, Mr. Maddox is a regular speaker at national mortgage programs and financial services industry conferences, and often teaches on real estate law, regulatory compliance, predatory lending, mortgage fraud and servicing.

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.

Greensfelder, Hemker & Gale, P.C., is honored to announce the creation of a new scholarship fund with Washington University in St. Louis School of Law to support diverse law students, in recognition of the first anniversary of the passing of former Greensfelder President and CEO Tim Thornton.

The Greensfelder Diversity Scholarship in Memory of Timothy R. Thornton will be awarded beginning in fall 2020. Each year, a student at Washington University in St. Louis School of Law who has demonstrated a commitment to diversity will be selected as the recipient. After awarding the initial $10,000 scholarship this fall, Greensfelder will fund an endowment to allow for the continuation of the scholarship annually in alignment with the firm’s commitment to advancing diversity in the legal profession and creating opportunities for individuals in the firm’s communities.

“Diversity and inclusion were deeply held components of Tim’s core values, and he imparted those values to our law firm,” said Kevin T. McLaughlin, who succeeded Tim Thornton as the firm’s president and CEO. “Diversity and inclusion serve as an integral part of our core values today, and that is a lasting part of Tim’s impact on the firm. He believed in diversity in the legal profession and in firm leadership, and it is important to us to honor his legacy by continuing to prioritize those values.”

Tim Thornton passed away on June 23, 2019, at age 64. He was a 1980 graduate of Washington University in St. Louis School of Law and joined Greensfelder in 1981. His son Patrick Thornton also graduated from Washington University in St. Louis School of Law.

Tim Thornton, who built his practice as a highly successful construction attorney, became Greensfelder’s first CEO in 2016. His vision for the firm was one where all employees were given the opportunity to achieve their highest potential, and diversity of leadership was paramount.

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.

Larry Kanter welcomes seasoned veteran Darrell Lane to his forensic accounting team.

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Detroit – June 22, 2020 – Dykema, a leading national law firm, announced today that its Pro Bono Counsel, Heidi Naasko, was selected to receive the State Bar of Michigan’s John W. Cummiskey Pro Bono Award for 2020. The award is typically presented at the State Bar of Michigan’s Annual Meeting, which is scheduled for Sept. 17, 2020, in Grand Rapids, Michigan.

According to the State Bar of Michigan, the purpose of the Cummiskey Award is to foster awareness of the need for involvement of the private bar in delivering legal services to the poor, by giving public recognition each year to a Michigan lawyer who has made a significant pro bono contribution to this effort. The award is established in the name of John W. Cummiskey of Grand Rapids, a leading advocate and activist in the cause of making legal services available to all, without regard to economic status. Past Dykema honorees of the Cummiskey Pro Bono Award include Joel Kellman (2000) and retired members Peggy Costello (2002), and Joe Basta (2009).

In her role as Pro Bono Counsel, Naasko leverages Dykema’s resources to satisfy the unmet legal needs of the community. She is widely known for serving those who are underserved including child immigrants, human trafficking and domestic violence survivors. Working collaboratively with legal aid, Naasko has launched legal clinics for those seeking personal protection orders. She’s also coordinated teams of lawyers to address statewide and national legal crises. She is currently working to pass legislation establishing right to counsel for low-income Detroiters facing eviction.

However, Naasko’s work in pro bono goes far beyond her cases. As Dykema’s first full-time Pro Bono Counsel, she initiated several innovative projects that promoted best practices and expanded volunteer opportunities for not only Dykema attorneys and summer associates, but corporate counsel nationwide. Her knowledge, thoroughness, availability and mentorship has created a broader network of attorneys providing pro bono service.

Naasko’s passionate drive allows her to call attention to unmet needs and find a way to overcome perceived obstacles that historically prevented lawyers outside of and within the firm from volunteering, thereby resulting in a larger group of low-income clients being served. In 2008, under her direction, Dykema became the first firm to take on pro bono work in the representation of abused and neglected migrant children. In 2009, Naasko began directing the Dykema Free Legal Aid Clinic, the first program of its kind in the State of Michigan. The clinic was designed in response to the unmet legal needs that may impede the success of students. About a decade ago, under Naasko’s leadership, Dykema was the first major law firm to accept criminal expungements as a pro bono opportunity. Her willingness to engage this project was essential to overcoming initial trepidation within the private bar and resulted in other firms following suit, leading to hundreds of Detroiters having criminal records expunged from their public records. In 2018, Naasko championed the idea of passing a right to counsel in Detroit for low-income Detroiters facing eviction. In 2019, an ordinance proposing such right was introduced by Detroit City Council.

Throughout her career, Naasko has developed strong relationships with business clients to create pro bono partnerships that focus on identifying high-profile, relevant, and succinct pro bono opportunities. As Dykema’s Diversity Counsel, she has also implemented diversity initiatives from recruiting and mentoring to business development opportunities.

Naasko earned a J.D., cum laude, from Boston University and a B.A. from the University of Michigan. She serves on the Board of Directors of the Association of Pro Bono Counsel, a nonprofit professional organization for attorneys and practice group managers who run a law firm pro bono practice on a full-time basis, and First Step-Wayne County, a non-profit providing comprehensive services for victims of domestic violence and sexual assault.

Bradley Arant Boult Cummings LLP is pleased to announce that Ellene Glenn Winn has been inducted into the 2019 Alabama Lawyers Hall of Fame. A native of Clayton, Alabama, Ellene Winn became the first female partner at Bradley in 1957, when the firm was known as White, Bradley, Arant, All & Rose.

To be inducted into the Alabama Lawyers’ Hall of Fame an attorney must have had a distinguished career in the law. This can be demonstrated through many different forms of achievement, leadership, service, mentorship, political courage, or professional success. Each inductee must have been deceased at least two years at the time of their selection.

“Miss Winn’s impact on public finance in Alabama was profound,” said Alan Zeigler, partner at Bradley and one-time associate of Ellene Winn. “She was instrumental from the late 1940s till the 1980s in drafting legislation pertaining to all aspects of public finance in the state. Her wisdom and her work, particularly in briefing and presenting validation cases decided by the Alabama Supreme Court, still provide the bedrock for much of what Alabama public finance lawyers do today.”

Bradley partner Virginia Patterson, another former colleague of Ellene Winn’s, added, “Miss Winn exemplified the wisdom, intellect, kindness, ethics and strategic insight for which all lawyers should strive. I am proud and grateful to have known her.”

Ellene Winn joined Bradley in 1944 and quickly became known for her mastery in public finance. In 1957, she became the firm’s first female partner, the first in any major law firm in the Southeast, as well as one of the first in the nation. She is also believed to be the first female lawyer to present an oral argument before the Alabama Supreme Court.

Her trailblazing achievements led Bradley to create the Winn Initiative, a firm-wide program dedicated to enhancing the engagement, development, advancement and success of the firm’s female attorneys through mentoring and training sessions on boosting professional skills, leadership, mentoring and business development.

The full list of Alabama Lawyers Hall of Fame Class of 2019 can be found at https://www.alabar.org/news/alabama-state-bar-inducts-five-new-members-to-lawyers-hall-of-fame/.

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.

“Chesapeake Energy Corp, the shale pioneer widely anticipated to seek bankruptcy protection, said on Thursday it had skipped an interest payment due June 15 on some of its notes and its capacity to borrow money was slashed by lenders,” reports Shariq Khan in Reuters’ Commodities.

“The company said in a regulatory filing its borrowing base under a so-called ‘reserve-based’ loan was cut to $2.3 billion from $3 billion and its creditors had agreed to waive some events of default.”

“The company has been in talks with creditors, which include Franklin Resources Inc, to ‘roll up’ some of its existing debt and make it part of a bankruptcy loan, Reuters reported.”

“Chesapeake owes about $250 million in payments this year on portions of its nearly $9 billion in outstanding debt, according to its latest public filings. It had about $82 million in cash and untapped credit lines of about $1 billion at March 31.”

Read the article.

“Government solutions provider Akima has named Barbara Doherty vice president of contracts and procurement to oversee the company’s corporate contracts, subcontracts and purchasing operations,” reports Ryann England in Washington Exec’s Exec Moves.

“Doherty previously served as corporate vice president of contracts for PAE, where she was responsible for contracts corporatewide as well as the day-to-day management of the National Security Solutions business unit. She also led the Global Supply Chain operation for PAE, responsible for $1 billion in subcontracts and procurement.”

Read the article.

“The Huffington Post’s recent article entitled ‘A Guide To Estate Planning During The Coronavirus Pandemic’ says that almost everyone should have an estate plan—even if there’s no major health threat.” If your clients don’t have one, right now is a great time to put it together, posted by Law Office of Janet L. Brewer’s blog.

“In the COVID-19 pandemic, the two most critical documents to have are medical and financial powers of attorney.” You should name someone to do the banking or make medical decisions, if they are quarantined in their home, admitted to the hospital, or become incapacitated. When these are in place, the next step is to create a comprehensive estate plan. This article lists the required documents.

Read the article.

“We’ve all seen, or perhaps been assaulted by, a surfeit of articles about force majeure clauses and how all of our agreements should include one. Other pundits have gotten way ahead of this one by explaining how we will have a better world if the advice to include such clauses would be taken by all. They’ve noted that very few agreements with a force majeure provision have covered the kind of closures we have experienced and are still experiencing. But, what we’ve not seen is much understanding that there is nothing special about a ‘force majeure’ clause: it is no more than another risk-shifting device,” writes Ira Meislik in Meislik & Meislik’s Retail Real Estate Law blog.

At the beginning of this month, a Bankruptcy Court for the Northern District of Illinois published an opinion about one such force majeure clause in a restaurant lease. Consistent with the advice we are seeing from all corners of our industry, the clause (according to the court, and correctly so) covered the restaurant’s closing because of COVID-19 restrictions imposed by Illinois’ governor. Read the lease’s clause for yourself:

Read the article.

“The law partner of the tax attorney believed to be a cooperating witness in a sweeping New Jersey pay-to-play corruption investigation has been charged with lying about thousands in political contributions made to secure lucrative municipal contracts,” reports Ted Sherman in NJ.com’s Politics.

“Elizabeth Valandingham, 47, was accused by the state Attorney General’s office of falsely claiming that her firm had not made any reportable contributions to candidates in two towns where the firm had been vying to provide legal services — when in fact it had.”

“Valandingham was a partner of Matthew O’Donnell, the Morristown tax attorney who reportedly served as an undercover informant in the wide-ranging state sting that led to charges in December against five people, including elected and former officials and political candidates. They were accused of taking tens of thousands in bribes disguised as campaign contributions in return for steering legal work to a law firm that multiple sources have said was O’Donnell McCord.”

Read the article.

“A no bail arrest warrant has been issued for a prominent immigration attorney in Utah whose increasingly erratic behavior, according to police and prosecutors, culminated with him making terroristic threats against his wife in addition to making several bizarre statements,” reports Pat Reavy in KSL’s Utah News.

“Aaron Tarin, 40, of Herriman, was arrested three times over two weeks in late May through June. On Thursday he was charged in 3rd District Court with making a terroristic threat, a second-degree felony, and stalking, a third-degree felony.”

“According to charging documents, Tarin’s ex-wife reported to police that Tarin was engaging in ‘concerning behavior’ from May 18 to May 29, including sending her ‘multiple angry emails and videos … that talked about a ‘leprechaun chase’ and that ‘everybody needs to be ready for it.'”

Read the article.

“A coalition of 34 state attorneys general announced on May 19, 2020, that it had secured a settlement with one of the nation’s largest subprime auto financing companies for alleged violations of state consumer protection laws. Under the settlement agreement, the terms of which are discussed in detail below, the auto financing company is required to provide significant monetary relief to consumers, $550 million in total, and substantially adjust its lending practices moving forward,” report Anthony E. DiResta and David L. Haller in Holland & Knight’s Insights.

“Without admitting any liability and to resolve the allegations without litigation, the auto financing company agreed to the entry of a consent judgment with each of the 34 state attorneys general participating in the multistate investigation and resulting enforcement actions. Collectively, those consent judgements require the auto financing company to provide $550 million in monetary relief to consumers, including $478 million in deficiency balance waivers, $65 million in restitution and $7 million in restitution management. The consent judgments do not stop at monetary relief. They also require considerable changes to the auto financing company’s lending practices.”

Read the article.

“LegalShield, the world’s leading provider of affordable legal and privacy protection plans, announced the appointment of Lori Ann Fox as General Counsel, reporting to Keri C. Norris, Executive Vice President and Chief Legal Officer. At LegalShield, Ms. Fox’s responsibilities will include leading the Company and its subsidiaries’ corporate matters, contract and vendor management, litigation matters and compliance matters,” reported by LegalShield in Business Wire.

“Previously, Ms. Fox served as a transactional business consultant for Wolters Kluwer, a global information services company based in the Netherlands, where she supported the company’s Governance, Risk and Compliance division. Before that, Ms. Fox maintained a private practice focusing on corporate law, which was preceded by her serving as General Counsel for an insurance company. She received her law degree from Emory University School of Law, and is a member of the State Bars of Texas, Oklahoma, and Georgia. Ms. Fox regularly lectures across the U.S. on topics related to business entity and due diligence laws, filings and searches.”

Read the article.

Fitch, Even, Tabin & Flannery LLP will present a free webinar, “Trade Secret Misappropriation: When and How to Take Action,” featuring Fitch Even attorneys Joseph F. Marinelli and Thomas A. James.

The webinar will take place on Thursday, July 16, 2020, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12 noon EDT.

Trade secrets protect many of a company’s most valued intellectual assets, such as formulas, fabrication techniques, data compilations, and business intelligence. With the high employee turnover, shortened lifespan and digitization of technology, and complex business structures of today’s competitive environment, protecting trade secrets has never been more important. Deciding if, when, and how to litigate a possible misappropriation is a critical part of maintaining trade secret protection and enforcing a robust intellectual property strategy.

During this webinar, the speakers will explore the factors that must be considered when bringing a trade secret action, covering these topics and more:
• Pre-suit diligence and conduct
• Filing considerations related to jurisdiction and venue (state court, federal court, ITC)
• Other causes of action to consider
• Available relief
• Protecting trade secrets during litigation

CLE credit has been approved for California and Illinois and is pending in 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.

“A new lawsuit filed in Kansas state court by propane supply company Ferrellgas Partners, an ex-client of Biglaw firm DLA Piper, alleges the firm engaged in ‘strident double-dealing’ that was only revealed when the wrong invoice was mistakenly sent to Ferrellgas,” reports Kathryn Rubino in Above the Law’s Biglaw.

“In July of 2018, the company hired DLA Piper for debt restructuring advice. According to the suit, the work on that matter naturally tapered off by November of that year, but the representation was not formally terminated. However, in November of 2019 Ferrellgas received a $14,000 invoice, signed by Thomas Califano — the same restructuring partner they’d previously worked with — for research about Ferrellgas. During that same time, the company was fielding hostile takeover threats.”

“The lawsuit says that after inquiries from Ferrellgas, DLA returned their client file and that the firm says an internal investigation revealed the client information was not used in connection with work for any other client. But the lawsuit draws the conclusion that the invoice revealed DLA was working for adverse interests.”

Read the article.

“Six months after agreeing to a $575 million settlement in a closely watched antitrust case filed by California Attorney General Xavier Becerra, Sutter Health has yet to pay a single dollar, and no operational changes have gone into effect. The not-for-profit healthcare giant was accused of using its market dominance in Northern California to illegally drive up prices,” reports Jenny Gold in Modern Healthcare’s Providers.

“Late last week, Sutter’s lawyers filed a motion requesting that Judge Anne-Christine Massullo of the California state Superior Court in San Francisco delay approving the settlement for an additional 90 days, due to “catastrophic” losses stemming from the COVID-19 pandemic. Massullo originally was scheduled to rule on the agreement in February, but in April granted an earlier request from Sutter for a 60-day delay in the proceedings.”

“In court documents supporting its request, Sutter argues the pandemic has upended the financial landscape for hospitals and made numerous aspects of the agreement untenable. Last month, Sutter reported an operating loss of $404 million through April, citing declining patient revenue and expenses resulting from the pandemic. System officials said that loss took into account the more than $200 million the system received in COVID-19 relief funds from the federal government via the CARES Act.”

Read the article.

“Following a jury verdict win on January 24, 2020 of $85.23 million in a damages-only re-trial in the United States District Court for the Southern District of California (the “Court”), the Court ruled late yesterday on all post-trial motions and entered final judgment in favor of WiLAN, maintaining the full jury verdict and denying Apple’s motions for retrial or lowering the damages award (the “Final Judgment”),” was reported in WiLAN’s news.

“The Court also awarded WiLAN an additional amount of $23.75 million in pre-judgment interest. The total award in the Final Judgment stands at $108.98 million and WiLAN is entitled to post-judgment interest from June 16, 2020 until the date this Final Judgment is satisfied. In addition, as indicated in the Court’s Final Judgment, there are additional royalties for products which Apple released during the pendency of the litigation that will have to be accounted for separately.”

Read the article.

“Twitter Inc. has brought on former FBI general counsel James Baker to its growing legal department as the company remains locked in a highly public battle with President Donald Trump over guidelines on its popular social media platform,” reports Brian Baxter in Bloomberg Law’s Corporate Governance.

“Baker has joined Twitter as deputy general counsel, the company’s general counsel Sean Edgett said in a Monday night tweet. More than a half-dozen lawyers to have joined Twitter so far this year, according to an analysis by Bloomberg Law.”

“Edgett is serving as Twitter’s top in-house lawyer with chief legal officer Vijaya Gadde on maternity leave. Gadde, who has served as the company’s chief legal and policy executive for nearly a decade, earned more than $7.9 million in total compensation last year, including more than $573,000 in cash. Bloomberg data shows that Gadde also owns $28.34 million in Twitter stock.”

Read the article.

“State Street Corp. will promote executive vice president and general counsel David Phelan to replace its longtime legal chief once he retires next month,” reports Brian Baxter in Bloomberg Law’s Corporate Governance.

“The Boston-based financial services giant disclosed in a June 12 securities filing that starting July 1 Phelan will take over the chief legal officer role currently held by Jeffrey Carp.

“Carp, who also serves as State Street’s corporate secretary, will retire July 31. An employment agreement between him and State Street shows that he joined the company Jan. 3, 2006, with Phelan being hired as general counsel and assistant secretary later that year.”

“Both lawyers previously worked together as partners at Wilmer Cutler Pickering Hale and Dorr. The law firm has been a longtime legal adviser to State Street, handling almost 25% of the company’s U.S. litigation caseload since 2007, according to Bloomberg Law data.”

Read the article.

Lawsuit: Safari Club International stole valuable membership data, provided it to Buckmasters for unauthorized membership outreach

SAN ANTONIO – One of the oldest and most-respected hunting advocacy groups in Texas – the Texas Trophy Hunters Association – has filed for a temporary restraining order against two rival groups, charging that Safari Club International stole its proprietary membership list and provided it to Buckmasters to solicit new members.

The Texas Trophy Hunters Association charges that Safari Club International gained access to TTHA’s confidential membership list during acquisition negotiations with TTHA and violated confidentiality agreements by providing the list to Buckmasters. The TRO asks a court in Bexar County to order the two groups to immediately stop using TTHA’s confidential membership list.

“What happened here is no different than inviting someone to be a guest in your home, only to have them steal your property in the middle of the night. Safari Club International said it wanted to forge a business relationship. Instead, they just wanted to surreptitiously gain access to a competitor’s most valuable asset,” said TTHA’s attorney Reagan Marble of the San Antonio office of Jackson Walker.

Safari Club International approached TTHA in 2019 and sought to begin negotiations to acquire the organization as part of an effort to expand its Texas presence. TTHA provided the membership list after both parties specifically agreed that confidential information revealed in the negotiations would not be disclosed to third parties. Shortly after the negotiations broke down, TTHA discovered that its members were receiving solicitations from Buckmasters.

Based in San Antonio, TTHA is a member-based organization dedicated to promoting the sport, science and heritage of hunting. The group produces the “Hunters Extravaganza,” known as the “granddaddy” of consumer hunting shows and publishes “The Journal of the Texas Trophy Hunters.”

This is not Buckmasters’ first controversy regarding improper membership outreach. In 2017, Buckmasters was sued by the Alabama Attorney General over allegations it had signed up members without authorization. The 10-count Deceptive Trade Practices Act lawsuit was later settled.

“TTHA entered into discussions in good faith,” said Mr. Marble. “Luckily for TTHA members, the true nature of SCI and Buckmasters leaders was revealed before this acquisition took place. They cannot be allowed to continue to engage in these types of dishonorable practices.”

Founded in 1975, Texas Trophy Hunters Association® is the largest and most well-established hunting and outdoor association in Texas. TTHA strives to unite all segments of the hunting community for the dissemination of information and joining of energies to promote and protect our hunting heritage.