“He led the Minneapolis-based legal team at Faegre & Benson that distributed $1 billion to native Alaskans and fishermen affected by the 1989 Exxon Valdez oil spill,” reports Jennifer Bjorhus in Star Tribune’s Local News.

“For nearly two decades, Brian O’Neill fought Exxon after the catastrophic 1989 Exxon Valdez oil spill in Alaska’s Prince William Sound.”

“The charismatic environmental lawyer led the Minneapolis-based legal team at Faegre & Benson that distributed $1 billion to thousands of native Alaskans and fishermen affected by the spill, a crusade chronicled in the book ‘Cleaning Up’ by Minnesota author David Lebedoff. It was a herculean chapter in O’Neill’s career. There were many others, including ones on wolves, bald eagles and the Boundary Waters Canoe Area Wilderness.”

“O’Neill died at his home in Minnetonka on May 6 from amyotrophic lateral sclerosis, or ALS. He was 72.”

Read the article.

“Much has been said about due diligence when investing in or acquiring a software-as-a-service (SaaS) business. However, the increased reliance on cloud-based technology in today’s remote world makes it critically important for a SaaS customer to be able to quickly identify the important contract provisions that will lead to receiving value from the customer’s technology spend. This post provides key areas of focus when you are contemplating acquiring access to technology provided as SaaS,” writes Matt Hafter in Thomas Coburn’s Publications.

“Before clicking ‘accept,’ your business and IT teams should consider the following … about the proposed SaaS terms:
1. Scope of services
2. Permitted use and users
3. Testing and acceptance
4. Warranties and service level commitments
5. Data usage and security
6. Other important vendor obligations
7. Liability caps and exclusions
8. Intellectual property
9. Termination
10. Escrow”

Read the article.

“The ability to protect trade secrets (and other legitimate business interests, including customer goodwill) has been hit by a perfect storm caused by the current coronavirus pandemic,” warns Russell Beck in Fair Competition Law.

“Accordingly, this post provides practical guidance for companies on how to manage their trade secrets (and other legitimate business interests) – both generally and particularly while employing a remote workforce – thereby avoiding preventable problems by having a plan in place to address problems when they arise, which they inevitably will. Specifically, it explains general aspects of trade secret protection programs, provides a detailed guide to the creation of a trade secret protection program, and identifies where to focus efforts now to address the current circumstances and the expected new ‘abnormal,’ as restrictions begin to be lifted.”

Read the article.

“At the Academy’s recent Virtual Summit, I spoke, among other things, about the rising importance of your clients’ advance directives during this coronavirus crisis. Here is a piece of what I shared,” writes Randi Siegel in American Academy’s Client Services.

“Why have advance directives and access to them become more crucial during Covid-19?”

“Because the novel coronavirus is so contagious, your clients will be alone in the hospital if they have Covid-19, and may be alone even if they do not have Covid-19. (Hospitals need to protect visitors from contracting the virus and also from visitors potentially spreading the virus within the hospital.)”

“Without visitors, your clients’ family can’t talk with the doctors right away, in person. They can’t tell the doctor who is the health care agent, or provide any other pertinent medical information about the patient.”

“Without visitors, doctors can communicate with family only by phone and video chat. It can be hard for doctors to know the phone numbers for family members even if they do know whom they’re supposed to talk to.”

Read the article.

“A policy adviser to Philadelphia District Attorney Larry Krasner was arrested Monday and charged with endangering the welfare of a child for allegedly leaving her 4-year-old daughter unattended in her car for more than a half-hour,” reports Mensah M. Dean in The Philadelphia Inquirer.

“Dana Lynn Bazelon, 40, was taken into custody about 3:30 p.m. on Rittenhouse Street near Lincoln Drive in West Mount Airy, according to Mark Shade, a spokesperson for the Attorney General’s Office, which is handling the matter.”

“Bazelon took her 6-year-old son for a walk and left her sleeping daughter in the backseat of her Ford Fusion with all four windows cracked but not enough for a person to be able to reach inside, a law-enforcement source said.”

Read the article.

“Jennifer Loya, 30, helped a drug network in San Antonio stay a step ahead of drug enforcement agents through her access to information as a federal employee, according to court documents,” reports Christine Hauser in The New York Times.

“A paralegal in the San Antonio headquarters of the U.S. attorney for the Western District of Texas is accused of using her access to help a notorious drug cartel evade the authorities.”

“Just before they were raided by federal agents, drug dealers in San Antonio affiliated with a Mexican cartel moved their stockpiles of heroin, methamphetamine and cocaine. A paralegal in the federal prosecutor’s office tipped them off, the authorities said.”

“Court filings in Texas describe a career path that took Jennifer Loya, 30, from a low-level post in the U.S. Attorney’s Office in San Antonio to a promotion in February to paralegal, a position that prosecutors said she turned into an inside job helping a network of Cartel del Noreste associates stay a step ahead of the authorities.”

Read the article.

“The Guardian Life Insurance Company of America® (Guardian Life) … appointed Margherita L. DiManni as the company’s Deputy General Counsel,” reported in Cision PR Newswire.

“As Senior Vice President and Deputy General Counsel, DiManni will report to Brooks and help guide Guardian’s enterprise-wide legal, compliance, corporate governance, and government affairs functions with a focus on M&A, corporate finance, capital markets, corporate real estate and other strategic initiatives.”

“Over the past 22 years, DiManni has held a variety of roles within Guardian’s law, compliance, and government affairs departments. Since 2014, DiManni has led Corporate Advisory and Transactions Counsel and managed legal support for Guardian’s corporate tax, employment, employee benefit, investments, outsourcing and vendor contracting matters. Earlier this year, she served as Guardian’s interim General Counsel following the departure of Eric Dinallo in February.”

Read the article.

In celebration of its 100th anniversary and in recognition of the vast influence and importance of product liability law in the corporate world, the International Association of Defense Counsel (IADC) has published a special 2020 edition of its flagship publication, the Defense Counsel Journal (DCJ), devoted exclusively to product liability topics.

“The IADC’s Product Liability Committee, which is our organization’s largest committee, assembled an outstanding compendium of product liability related articles for this special issue of the Defense Counsel Journal,” said DCJ editor and former IADC board member Kenneth R. Meyer.

IADC President Amy Sherry Fischer added, “We owe immense appreciation to the Product Liability Committee for putting together so many important and educational articles as a commemoration of the IADC’s long and rich history of providing members and the larger legal community with cutting edge information on a broad range of vital topics in the law.”

William L. Anderson, chair of the IADC’s Product Liability Committee, explained that the IADC members who wrote the articles for this DCJ issue focus on looking at the future of product liability litigation. Included in the issue are short opinion pieces by some of the most distinguished and long-standing product liability practitioners on trends that they expect to dominate the practice in the coming years.

Frequently and favorably cited by courts and other legal scholarship, the DCJ is a quarterly forum for topical and scholarly writings on the law, including its development and reform, as well as on the practice of law in general. The IADC is a 2,500-member, invitation-only, worldwide organization that serves its members and their clients, as well as the civil justice system and the legal profession.

The IADC’s 2020 Product Liability Special Issue of the DCJ is available for free and without a subscription via the IADC’s website at https://www.iadclaw.org/documents/?CategoryId=4.

Following are brief summaries of key articles included in the special commemorative issue of the DCJ:

“3D Printing: Product Liability, Professional Liability and Other Tort Aspects of the Burgeoning Industry” by Jordan Lipp and Steven A. Michalek, managing members at Childs McCune, LLC – The article explores liability issues raised by the burgeoning use of 3D printing when an allegedly defective product is manufactured.

“Torts, Courts and Attorneys General: Tort Litigation by States” by William L. Anderson and Richard E. (Rick) Wallace, Jr., partners at Crowell & Moring LLP – Provides insights on state attorneys general (AGs) actions in the tort arena, including the chief differences between regulation and tort litigation, a summary of the nebulous tort theories that state attorneys general invoke, examples of recent tort cases brought by state AGs, and practical suggestions for counsel defending against such cases.

“The Rise and Minor Fall of Litigation Funding in Australia” by Greg Williams, a partner, and Will Atfield, a senior associate, at Clayton Utz – Offers an overview of the status of litigation funding in Australia.

“Product Liability Cases in Civil Law Countries: A Pro-Plaintiff Approach” by Sylvie Gallage-Alwis, founding partner of the Paris office of Signature Litigation – Discusses how product liability cases have evolved in civil law countries.

Where Are We Headed, Hal? Product Liability in the Next 100 Years” by William L. Anderson, a partner at Crowell & Moring LLP – Muses on the future of product liability law, with attention to the split between federal and state courts, attacks on experts and science, the reptile theory about jurors responding to fear, and the PR battle against products and their makers/sellers.

“This Internet Thing is Great, Isn’t it, Hal? Product Liability in the Next 100 Years” by Stephanie M. Rippee, a member at Watkins & Eager, PLLC – Explores how issues arising from the use of smart products are likely to reshape traditional product liability law and litigation in the future.

“The Next Wave of Global Litigation” by James Sullivan, a partner at Blake, Cassels & Graydon, LLP, and Mary-Christine (M.C.) Sungaila, a partner, and Marco A Pulido, an associate, both at Haynes and Boone, LLP – Addresses the new wave of global litigation as a result of the dramatic increase in international commerce.

“Fight for the Forum” by Eric G. Lasker and Brett S. Covington, partners at Hollingsworth, LLP – Suggests that defendants must win forum disputes in order to hope to turn the tide in products liability.

“Warning: Additional Warnings May Be Required” by Jessalyn H. Zeigler, a member, and Sarah B. Miller and Olivia Seraphim, associates, at Bass, Berry & Sims PLC – Examines recent developments and lawsuits with regard to warning labels, focusing particularly on the sometimes-conflicting requirements imposed on manufacturers by inconsistent regulations and/or court rulings.

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.

Duane Morris LLP is pleased to announce that it has promoted four associates to special counsel.

These newly named special counsel are:

• David A. Kahn, Health Law Practice Group, Miami
• Heather N. King, Corporate Practice Group, Baltimore
• Stuart I. Seiden, Trial Practice Group, Philadelphia
• Gretchen L. Temeles, Ph.D., Intellectual Property Practice Group, Philadelphia

“David, Heather, Stuart and Gretchen are tremendous attorneys and have proven their commitment to our clients through their hard work and initiative,” said Duane Morris Chairman and CEO Matthew A. Taylor. “We’re pleased to be able to recognize their accomplishments and look forward to watching them continue to build prosperous legal careers.”

David A. Kahn practices in the areas of corporate and healthcare law, with a particular emphasis on mergers and acquisitions, regulatory compliance, corporate entity and limited liability company formation and organization, and other general corporate matters. He has experience in the preparation of stock, membership interest and asset purchase agreements, operating agreements and shareholder agreements, employment agreements, confidentiality, noncompetition, nonsolicitation and nondisclosure agreements, general corporate counseling and other transactional matters.

Kahn is a graduate of Emory University School of Law (J.D., 2007), where he was a member of the Moot Court Society, and a graduate of Union College (B.A., 2002). Prior to entering law school, Kahn worked as a corporate paralegal for two years at an international law firm.

Heather N. King practices in the area of corporate and securities law, representing clients in connection with complex financings, mergers and acquisitions, venture capital and private securities offerings. She regularly advises management teams and board of directors regarding corporate governance and matters relating to company operations. King has extensive experience advising clients in a variety of industries, including corporate clients in the technology, financial services, consumer products and healthcare industries.

King is a graduate of the University of Baltimore School of Law (J.D., magna cum laude, 2008), where she was associate comments editor of the Law Review, and a graduate of Stevenson University (B.S., magna cum laude, 2000).

Stuart I. Seiden practices in the area of litigation and focuses on representing the interests of clients in state, federal and bankruptcy court litigation matters throughout New Jersey, New York and Pennsylvania. He has experience in mortgage-related litigation; consumer bankruptcy, including adversary proceedings; consumer credit card litigation; and consumer and commercial collections litigation. Seiden’s practice includes defending lenders, servicers and credit card companies from actions brought under TILA, RESPA, HOEPA, NJHOSA, ECOA, FCRA, TCPA and state consumer fraud statutes. He also responds to consumer disputes sent to his clients by state attorneys general offices, the Consumer Financial Protection Bureau and other regulatory agencies. Seiden also has appellate experience in the mortgage-related litigation space.
Seiden is a graduate of Rutgers University School of Law–Camden (J.D., 2005), Lebanon Valley College (B.A., 2002) and The Hill School (1998). Prior to entering private practice, he served as law clerk to the late Hon. M. Allan Vogelson, presiding judge, Chancery Division, Camden County Superior Court. Additionally, Seiden worked for The Sports Corporation, a major professional hockey agency in Edmonton, Alberta, Canada.
Gretchen L. Temeles, Ph.D., focuses her practice on patent procurement and patent portfolio management in the biotechnology, chemical and pharmaceutical industries. She counsels clients from multiple industry sectors including established specialty chemical, diagnostic and medical device companies, midmarket biotech companies, medical cannabis and cannabinoids, early stage startup companies and universities. Temeles’ experience includes both U.S. and international patent prosecution, patent landscape analyses, freedom-to-operate searches, patent due diligence, noninfringement and invalidity opinions and European opposition proceedings. She works with clients to balance their patent and trade secret portfolios and assists clients with transactional work, including material transfer agreements, sponsored research agreements and licensing agreements. Temeles has experience in prelitigation and litigation matters in molecular diagnostics.

Temeles is a graduate of Temple University Beasley School of Law (J.D., 2009), Yale University (Ph.D., biology, 1987) and the University of Pennsylvania (B.A., cum laude, 1974). Prior to her legal career, Temeles was a research scientist and group leader in a biotechnology company, where she worked on target identification and small molecule drug discovery. Previously, she held research positions at the University of Pennsylvania and Merck Sharpe and Dohme Research Laboratories. Temeles is a co-inventor on two U.S. patents and has authored peer-reviewed scientific papers.

About Duane Morris
Duane Morris LLP provides innovative solutions to today’s multifaceted legal and business challenges through the collegial and collaborative culture of its more than 800 attorneys in offices across the United States and internationally. The firm represents a broad array of clients, spanning all major practices and industries.

Dallas lawyer among elite group recognized as ‘agents of change’ by the National Law Journal

DALLAS – Trial lawyer Michael Lyons of Dallas-based Lyons & Simmons, LLP is one of just 52 plaintiffs’ attorneys honored by the National Law Journal as “agents of change” who are reshaping expectations on behalf of clients nationwide.

Lyons was selected to the publication’s 2020 list of Plaintiffs’ Lawyers Trailblazers based upon his groundbreaking work on behalf of clients involved in life-altering personal injury and wrongful death cases, as well as his proven record of obtaining outstanding results in high-stakes, high-exposure litigation.

Lyons was recently involved in litigation related to the worst oilfield disaster in Oklahoma history and the deadliest in the U.S. since the 2010 Macondo Deepwater Horizon blowout. The case had tremendous importance relating to best practices for oilfield drilling operations and helped bring further attention to dangerous industry practices involving well control management and monitoring.

His success on behalf of clients has earned the notice of the legal community. In addition to the 2020 Plaintiffs’ Lawyers Trailblazers selection, he has also earned recognition among the Top 100 Lawyers in the Dallas-Fort Worth area by Texas Super Lawyers, as well as the Lawdragon 500 Leading Plaintiff Consumer Lawyers, Best Lawyers in America and D Magazine’s Best Lawyers in Dallas. He is a member of the Million Dollar and Multi-Million Dollar Advocates Forums, as well as a member of America’s Top 100 High Stakes Litigators.

The full Plaintiffs’ Lawyers Trailblazers listing is featured in a special supplement to the May 2020 print edition of the National Law Journal, and can be found online.

COVID-19 is the ‘new normal’ but has your entity compliance kept pace?

Learn the secrets to good compliance: strong processes, transparency through a centralized platform, plus how to improve efficiencies, reduce costs and streamline workflows.

Register now.

“A historic settlement reached between the state and Detroit students calls for $94.5 million in future literacy funding, a $280,000 payout among seven plaintiffs and the creation of two Detroit task forces to help ensure a quality education for students,” reports Jennifer Chambers and Beth LeBlanc in The Detroit News.

“News of the agreement came after the Detroit students were locked in a nearly four-year legal battle with the state for better school and learning conditions. The lawsuit was brought by seven students who argued they were deprived access to literacy because of a lack of books, teachers and poor building conditions.:

“Despite the state’s position to defend itself against the students’ accusations of inequality over literacy access, Gov. Gretchen Whitmer said Thursday she has maintained that every student, no matter where they come from, has a birthright to a quality public education.”

Read the article.

“In a landmark acknowledgment of the toll that content moderation takes on its workforce, Facebook has agreed to pay $52 million to current and former moderators to compensate them for mental health issues developed on the job. In a preliminary settlement filed on Friday in San Mateo Superior Court, the social network agreed to pay damages to American moderators and provide more counseling to them while they work,” reported Casey Newton in The Verge’s Tech.

“Each moderator will receive a minimum of $1,000 and will be eligible for additional compensation if they are diagnosed with post-traumatic stress disorder or related conditions. The settlement covers 11,250 moderators, and lawyers in the case believe that as many as half of them may be eligible for extra pay related to mental health issues associated with their time working for Facebook, including depression and addiction.”

“In September 2018, former Facebook moderator Selena Scola sued Facebook, alleging that she developed PTSD after being placed in a role that required her to regularly view photos and images of rape, murder, and suicide. Scola developed symptoms of PTSD after nine months on the job. The complaint, which was ultimately joined by several other former Facebook moderators working in four states, alleged that Facebook had failed to provide them with a safe workspace.”

Read the article.

“Globalization Partners, which enables companies to hire and retain global team members in 170 countries without setting up branch offices in foreign countries, … announced Todd Goffman has joined the company as General Counsel,” reported by Globalization Partners in WFMZ-TV News.

“In addition to leading the legal team, Mr. Goffman will be responsible for corporate development, mergers and acquisitions, and managing legal compliance across the company’s entire global footprint which spans 170 countries.”

“Mr. Goffman’s 25 years of experience include leading the legal, finance and HR departments at Netcracker Technology Corporation, a Boston-headquartered company which he also led through explosive growth and the sale of the company.  In addition, he advised high-growth, technology companies as a member of Testa, Hurwitz & Thibeault.”

Read the article.

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CHICAGO (May 15, 2020) – Perkins Coie is pleased to announce that Sam Hong has joined the firm’s Technology Transactions & Privacy practice as a partner in the Chicago office.

Hong focuses his practice on technology and intellectual property–related transactions, including drafting and negotiating licensing and transfer agreements, commercial agreements, service agreements, and agreements related to outsourcing and other strategic alliances. He also counsels private equity and strategic clients in relation to mergers and acquisitions, structured financing, and restructurings, as well as licensing agreements associated with patents, trademarks, software, and other technologies.

Prior to his most recent role at Kirkland & Ellis LLP, Sam spent three years at Samsung Electronics’ global legal affairs headquarters in Seoul, South Korea. There he focused on semiconductor and technology transactions; cross-border agreements related to development, manufacture, and purchase of technologies; and mergers and acquisitions work, with a particular emphasis on medical device and hardware components.

Hong received his J.D., cum laude, from the Georgetown University Law Center and his B.A., cum laude, from Northwestern University.

Aside from his practice, Hong is actively involved in his community, serving on the Associate Board for the not-for-profit organization Urban Initiatives, which runs health, education, and character development programs for kids enrolled in Chicago Public Schools.

Barnes & Thornburg has added experienced M&A, private equity, and securities attorney Tan Le to its Chicago office, where he is a partner in the firm’s Corporate Department.

Le represents buyers and sellers in strategic sales, acquisitions and private equity fund investments; advises investors and funds in debt and equity offerings; and counsels entrepreneurs through the private placement process. His clients include manufacturers, distributors, financial and professional service providers as well as start-ups across a variety of industries.

In addition to his M&A, securities, and private equity work, Le regularly provides general corporate counseling to company officers, directors, and other individuals looking to make strategic business decisions. He prepares partnership, limited liability, equity and buy-sell agreements for closely held businesses.

Tan Le earned his J.D., with honors, from the University of Wisconsin Law School and his B.A. from Northwestern University.

Amid COVID-19, CCPA enforcement is still scheduled to go into effect on July 1, 2020. With less than two months to go, companies are still fumbling with creating a privacy policy that is both CCPA compliant and will work as other state privacy laws come into effect.

Most of the mistakes that businesses are making regarding their compliance efforts fall into three categories.

Download this guide, The 3 Biggest Mistakes Companies Are Making With CCPA, to find out the most commonly made mistakes and how to create a defensible process to avoid adverse legal and financial consequences.

Download the Guide.

Fitch, Even, Tabin & Flannery LLP will present a free webinar, “Tales from the IPR Counsel’s Table,” featuring Fitch Even partners Nicholas T. Peters and Paul B. Henkelmann.

The webinar will take place on Thursday, June 3, 2020, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12 noon EDT.

As is often the case with new legal proceedings, inter partes review (IPR) has evolved over the nearly eight years since being established. Primarily intended to a be a lower-cost, faster path to determining a validity challenge to a patent, this proceeding and its CBM and PGR cousins have morphed into highly contested, high-stakes affairs. Motion practice, additional evidentiary filings and briefing, and complex cost-benefit analysis for each step in the process have turned IPRs from a relatively straightforward procedure into more of a litigation-like experience.

During this webinar, the presenters will explore the evolution of the IPR and the tactical decisions practitioners and their clients face while navigating the process, covering these topics and more:

• A comparison of the current IPR process to its original form
• Strategic concerns at each stage of the proceeding
• The importance of “evidence” beyond the prior art grounds and the challenge to the patent
• How IPR counsel must weigh the effect of the IPR on co-pending 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.

Spotify, the music streaming company has named WarnerMedia veteran Eve Konstan as their new General Counsel. “She replaces Horacio Gutierrez, who in November was promoted to head of global affairs and chief legal officer, reports Natalie Jarvey in The Hollywood Reporter’s Labor.

“Konstan most recently served as executive vp and general counsel at WarnerMedia Entertainment. Her work at the AT&T-owned company capped a 20-year career at HBO, where she held a variety of roles including general counsel. She started at the cable network not long after the premiere of The Sopranos and was promoted to oversee legal at the WarnerMedia Entertainment portfolio just before the finale of Game of Thrones.”

“At Spotify, Konstan will provide support on legal issues including content licensing, business development, M&A, intellectual property, litigation and risk management. She will be based in New York and report to Gutierrez.”

Read the article.