“A federal judge in Houston has ruled that there is no need to sanction a former BigLaw lawyer after a motion accusing him of ‘shaking his behind’ at a mediation went viral,” reports Debra Cassens Weiss in ABA Journal’s News.

“U.S. District Judge Lee Rosenthal noted that the facts are in dispute about what happened and who is to blame. In any event, she said in her May 4 order, lawyer Dennis Duffy’s reputation has already taken a hit, and that made sanctions unnecessary.”

“Duffy was a partner at BakerHostetler when the sanctions motion was filed in February. He now works at Kane Russell Coleman & Logan, Law360 reports. He no longer represents the Chevron Phillips Chemical Co. in the discrimination case filed against it.”

“Rosenthal began her opinion this way: ‘One of the sentences a judge does not imagine—much less welcome—writing includes the words ‘butt shaking’ in describing a lawyer’s alleged actions at a mediation. Sadly, those words fit here.'”

Read the article.

“Albertsons Cos. has hired Juliette Pryor as EVP and general counsel, and she will join the company’s senior leadership team, effective June 15. Pryor joins Albertsons from Cox Enterprises, where she is general counsel and corporate secretary, a role she has held for nearly four years. Before that, she spent 11 years at US Foods, including a stint as general counsel and chief compliance officer,” reports Abby Kleckler in Progressive Grocer.

“Pryor succeeds Bob Gordon, who is stepping down and transitioning to retirement after more than 20 years with Safeway and Albertsons collectively. Gordon, who came to Safeway from Pillsbury Winthrop in 1999, was previously chief governance officer and general counsel of Safeway Inc.”

“At Albertsons, Pryor will lead the company’s corporate governance and compliance functions, as well as matters related to financial reporting, mergers and acquisitions, labor and employment, real estate, litigation, data privacy, and government affairs.”

Read the article.

Greensfelder, Hemker & Gale, P.C., is pleased to announce that it has been recognized by BTI Consulting Group as among the top “midsize heavyweight” law firms that “bring the same level of confidence and reliability as the big firms.”

Announced May 6, BTI’s exclusive list of firms that “punch above their weight” was developed through independent research and interviews with hundreds of companies across 17 industries in the United States. No law firm can self-submit, refer a client, or pay to be included on BTI’s list. Greensfelder was one of 37 firms listed as midsize “powerhouses” or “heavyweights.”

BTI President Michael Rynowecer wrote that Greensfelder and the other top firms are “uber-responsive, dig deep, hard, and fast to find the answers (and are) quick to embrace new approaches … (and) make sure clients always know who is accountable for their work and the relationship.”

Read about BTI’s list

A woman who works at Dallas’ R+D Kitchen will be allowed to wear a face covering at work, following a ruling by a Dallas County district court.

California-based Hillstone, which operates R+D Kitchen and more than 40 other restaurants in 12 states, had forbidden the employee, who goes by “Jane Doe” in court filings, from wearing a face covering on the job and refused to provide her any hours to work unless she agreed to work without one.

That’s despite recommendations from the Centers for Disease Control and an April 23 order – backed up by another this month – from Dallas County Judge Clay Jenkins requiring workers at businesses that re-open to wear face coverings.

But Dallas County Judge Tonya Parker granted Ms. Doe’s application for a temporary restraining order mandating that Hillstone require or at least permit Ms. Doe to wear a face covering at work, and that the restaurant not retaliate against her.

Her lawyers argue Hillstone has in effect fired Jane Doe by refusing to give her any hourly work until or unless she follows the company’s no face-covering policy.

The temporary restraining order will remain in place for 14 days. The case is Jane Doe v. Hillstone Restaurant Group, Inc., Cause No. DC-20-06494 in the 116^th Judicial District Court in Dallas County. Following the TRO decision, defendants in the case removed it to federal court.

Mroczkowski Also Appointed Member of ISBA’s Commercial Banking, Collections & Bankruptcy Law Section Council

Dykema, a leading national law firm, announced today that Steven Mroczkowski, Chicago-based Senior Counsel in the firm’s Financial Services Litigation Practice Group, was appointed by the incoming Illinois State Bar Association (ISBA) President to serve as Vice-Chair of the ISBA Construction Law Section Council and as a Member of the ISBA Commercial Banking, Collections & Bankruptcy Law Section Council for 2020-21.

The ISBA Construction Law Section Council is composed of individuals focused on construction and construction-related areas of law who are dedicated to spreading knowledge statewide about developments in construction law and reviewing and promoting legislation and changes impacting the industry. The Council sponsors and participates in educational events in order to connect with other groups and professions regarding the latest developments in construction law.

The Commercial Banking, Collections & Bankruptcy Law Section of the ISBA allows for the exchange of information, experiences and available resources in the industry by providing a forum. By reviewing proposed legislation and changes to present legislation, the Section Council offers valuable information and anticipates problems for commercial, banking and bankruptcy law.
Mroczkowski concentrates his practice on construction law, complex commercial and business litigation, and financial services litigation. He represents owners, contractors, developers, small and large businesses, and creditors and financial institutions in all manner of disputes. He litigates in state and federal trial courts, bankruptcy courts, appellate courts and also represents clients in mediation and arbitration proceedings. Mroczkowski regularly writes and speaks about developments in construction law and general commercial law as it pertains to the financial services industry.

A critical component to improving the performance of your contracts and contracting process is to establish measurable key performance indicators (KPIs). But where do you begin, which KPIs should you track, and how do you tackle establishing them?

Join our team on Friday, May 15th at 12:00pm ET to learn about 10 contract management KPIs that every organization can benefit from. Our experts will discuss what they are, why they’re important, and how to leverage them. By implementing the KPIs covered in the session, you can immediately identify ways to optimize and streamline your contract management efforts while reducing risk to your business.

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“The California Court of Appeal reversed a blockbuster $13 million judgment that was entered against UCLA in favor of one of its former professors of medicine, Dr. Lauren Pinter-Brown.  Dr. Pinter-Brown sued for alleged gender discrimination and unlawful retaliation. The appellate court determined that the trial judge committed a ‘series of grave errors’ that were ‘cumulative and highly prejudicial’ to UCLA and that evidenced ‘the trial court’s inability to remain impartial’,” reports Tony Oncidi in Proskauer’s California Employment Law Update.

“Among other things, the trial judge told the prospective jurors assembled in his courtroom that ‘the arc of the moral universe is long,’ quoting Dr. Martin Luther King, and that ‘if you are selected as a juror, your job will be to help bend that arc toward justice.’ The judge then proceeded to give what can only be described as a multimedia civics lesson about invidious discrimination through the years in which he showed the jurors a video and made solemn reference to civil rights leaders who had marched from Selma to Montgomery, Alabama in the 1960s as well as Rosa Parks, Cesar Chavez, Harvey Milk, Atticus Finch, the internment of Japanese Americans during World War II, the passage of the 19^th Amendment giving women the right to vote and the advent of gay marriage.”

‘As the judge concluded his remarks, he exhorted the prospective jurors: ‘[Y]ou as jurors in this case are going to become Dr. King. It’s going to be your job to help bend that arc toward justice by rendering a verdict based on the law and the evidence that you are going to be hearing in this case.’ Not surprisingly, counsel for UCLA immediately moved for a mistrial based upon the judge’s remarks and requested that a new panel of jurors be assembled. The judge denied the motion and assured the parties that he gives the same presentation before all trials in his courtroom.”

Read the article.

“The Newport Beach, California-based company agreed to a three-year deferred prosecution agreement (DPA) that will allow it to avoid conviction for adulterating food in violation of the Federal Food Drug and Cosmetic Act, if it complies with an improved food safety program.”

“According to the facts recited in the DPA and confirmed by Chipotle, the company was implicated in at least five foodborne illness outbreaks between 2015 and 2018 connected to restaurants in the Los Angeles area, Boston, Virginia, and Ohio. These incidents primarily stemmed from store-level employees’ failure to follow company food safety protocols at company-owned restaurants, including a Chipotle policy requiring the exclusion of employees who were sick or recently had been sick. As set out in the DPA, some store-level Chipotle employees from the 2015 to 2018 time period reported inadequate staffing and food safety training. Employees also reported pressure to work while sick, even though that was against Chipotle’s sick-exclusion policies.”

Read the article.

“A virtual hearing can be challenging for any regulatory lawyer. It requires relying on technology more than ever to advocate for clients. It can feel like talking to an empty room, even if you’re on camera. Plus it requires attorneys to get results for our clients without the benefit of interpersonal contact with the judge, commissioners or staff. However, having survived my first virtual evidentiary hearing before a state energy commission in April 2020 – and with the benefit of hindsight – it’s like everything lawyers do for the first time in our practice: It’s a challenge until you do it. And like the first oral argument we made or the first hearing we ever litigated, we learn lessons and improve each time,” writes Tara S. Kaushik in Holland & Knight’s Insights.

“We will likely face more than a few virtual hearings given the current pandemic and shelter-in-place orders. Currently, many state regulatory agencies have postponed evidentiary hearings or scheduled briefs and telephonic oral arguments to narrow the issues requiring hearings. But that can only last so long, given that utilities, power grid operators, pipelines and other energy companies have to continue doing business as essential services.

The post provides some practical tips to manage the challenges of a virtual hearing.

Read the article.

“The U.S. Coast Guard has named Rear Adm. Melissa Bert to the post of judge advocate general and chief counsel. Bert is the first woman to hold the service’s top legal position,” reports The Maritime Executive.

“Bert was most recently the director of governmental and public affairs for the Coast Guard, where she was responsible for external engagement with Congress, the media and other inter-governmental entities.”

“As judge advocate general and chief counsel, Bert will lead the team responsible for all legal services in support of the Coast Guard’s missions, its units and its people.”

“Bert is the Coast Guard’s 20th chief counsel and seventh uniformed judge advocate general.  She joins other trailblazing women in the Coast Guard’s legal field like Capt. Eleanor Creed L’Ecuyer and Capt. Etha B. Fox of the Coast Guard Reserve, both of whom joined the Coast Guard in 1944.”

Read the article.

Akerman LLP, a top 100 U.S. law firm serving clients across the Americas, today announced Alan Cohen, Chair of the Real Estate Finance Practice, and Matthew Steinberg, Deputy Chair of the Labor and Employment Practice Group, have been appointed co-managing partners of Akerman’s New York office. New York is Akerman’s second largest office with more than 130 lawyers.

As office managing partners, Cohen and Steinberg will continue to strengthen Akerman’s relationships with civic and business leaders in the New York market while guiding the firm’s strategic direction locally. Both lawyers will continue serving clients through their respective practices.

With more than 30 years of experience, Cohen focuses his practice on real estate finance, real estate development, real estate ventures and platforms, and real estate transactions within the United States, Latin America and the Caribbean.

Steinberg focuses his practice on employment law, both by advising clients on day-to-day workplace matters and defending clients on all aspects of employment-related litigation.

Cohen and Steinberg succeed Carlos Méndez-Peñate. In his role as New York office managing partner, he has helped grow Akerman’s presence in New York and around the country. Méndez-Peñate will refocus his attention on his international corporate practice and his role as co-chair of the firm’s Latin America and the Caribbean Practice.

New York, NY – In an effort to provide substantive legal counsel to the New York businesses and organizations most directly impacted by the COVID-19 pandemic, Stroock & Stroock & Lavan LLP, together with partner law firms and legal aid organizations, has launched the Small Business Legal Relief Alliance (SBLRA).

The SBLRA is a collaborative effort between top law firms and legal services organizations to offer free counsel for qualifying small businesses, the self-employed, cooperatives and nonprofits. Pro bono legal guidance by SBLRA’s partners during telephonic consultations includes:

• Understanding loan and grant programs
• Tax
• Commercial leases
• Contractual issues
• Labor and employment
• Insurance
• Intellectual property rights
• General business issues

Partner organizations include: VOLS (Volunteers of Legal Service); The Legal Aid Society; Legal Services New York; IMPACCT Brookyln; New York Lawyers for the Public Interest; TakeRoot Justice; Brooklyn Legal Services Corporation A; and Start Small Think Big. In addition to Stroock, SBLRA partner firms include: Akin Gump; Arnold & Porter; Davis Polk; Greenberg Traurig; Milbank; Morgan Lewis & Bockius; Morrison & Foerster; Ropes & Gray; Schulte Roth & Zabel; Shearman & Sterling; Sidley Austin; Simpson Thacher & Bartlett; Vinson & Elkins; and Morgan Stanley.

For more information, businesses and nonprofits interested in determining their eligibility for the legal guidance offered by SBLRA are encouraged to visit the websites of the program’s participating legal aid organizations and www.SBLRA.org.

Chamberlain Hrdlicka is pleased to announce that it has named Philadelphia-based Shareholder Jennifer Karpchuk as co-chair of the firm’s State and Local Tax Controversy and Planning practice. In this capacity, Karpchuk joins Houston-based Shareholder Pete Lowy in leading the 21-attorney practice that counsels clients in all aspects of state and local tax compliance and litigation.

Karpchuk’s practice focuses on state and local taxation with an emphasis on the minimization of state and local tax obligations. She is a nationally sought-after speaker and writer on topics related to state and local tax. She authors quarterly columns for State Tax Notes and ALM’s The Legal Intelligencer, and co-authors the Pennsylvania Tax Handbook and the Pennsylvania Chapter of the American Bar Association’s Property Tax Deskbook.

Karpchuk earned her undergraduate degree from the University of Delaware and her law degree from Temple University Beasley School of Law.

About Chamberlain Hrdlicka
Chamberlain Hrdlicka is a diversified business law firm with offices in Atlanta, Houston, Philadelphia and San Antonio. The firm represents both public and private companies, as well as individuals and family-owned businesses across the nation. The firm offers counsel in tax planning and tax controversy, corporate, securities and finance, employment law and employee benefits, energy law, estate planning and administration, intellectual property, international and immigration law, commercial and business litigation, real estate and construction law.

Save the date on May 14 for our upcoming Master Class on Conflicts of Interest, and hear from leading COI experts Jeff Kaplan and Rebecca Walker, partners of Kaplan & Walker LLP. Get access to 2.5 hours of webinar learning and exclusive resources developed for participants.

Create a Sustainable COI Risk Management Program

Not all conflicts are quantifiable and many may only exist in perception or potentials. This leaves a near infinite number of risk variables to manage across your organization. Hear guidance on how to activate the key components of your compliance program to create an integrated conflict of interest management strategy.

Attend for these three webinar sessions:

• 60 Minutes: Building a Robust & Sustainable COI Program
• 60 Minutes: Hypothetically Speaking, What Would You Do?
• 30 Minutes: Live Q&A with Instructors

Register Here.

“Hydrogen is gaining increasing prominence as a key element in the future global energy mix. In a recent report published by a coalition of 19 major oil and gas, automotive, fuel cell and hydrogen companies (including Chevron, Shell, Engie, Hyundai, Microsoft, Toyota and Daimler AG), hydrogen is considered to have the potential to generate US$140 billion per year of revenue in the United States alone by 2030 along with 700,000 jobs, rising to US$750 billion per year and 3,400,000 jobs by 2050,” report Michael Joyce and Euan Strachan in Akin Gump’s AG Speaking Energy.

“The report states that a number of key factors make the U.S. well positioned to establish itself as a leading player in the hydrogen economy including:

• Low-cost primary energy sources required for the production of low-carbon hydrogen and, in addition, an abundance of low-cost natural gas and carbon storage capacity for hydrogen produced via natural gas reforming with carbon capture and storage.
• The existence of well-established industry leaders in the U.S. capable of building the necessary scale to drive a hydrogen economy.
• Hydrogen is a strong low-carbon alternative in the U.S. transport sector.”

Read the article.

“Curtis Holly broke into tears as the judge in Manhattan criminal court announced that he had to put up bail or sit in jail. Charged with choking his wife during a fight the night before, Holly declared through his lawyer that he was too poor to afford bail and too sick to go into the Rikers Island jail complex, where a COVID-19 outbreak is underway,” reports Simone Weichselbaum in The Marshall Project.

“Holly says he has an immune disorder, asthma and an infected gunshot wound to his leg. The prosecutor calmly detailed Holly’s several felony convictions, and said that while the victim didn’t want to press charges, the photographs of her injuries justified bail of $25,000. The judge reduced it to $5,000, but eight days after his court appearance Holly remained in jail.”

“With courts across the country, largely closed by the coronavirus, defendants recently charged with felonies can expect long waits for justice. Whether they spend that time in a possibly virus-infested jail cell or at home depends on where they get arrested.”

Read the article.

“An attorney that once represented former Alabama Chief Justice and Senate candidate, Roy Moore, was arrested Thursday night in Gainesville,” reports Patricia Matamoros in WCJB’s Local News.

“Deputies arrested Trenton Rogers Garmon, 40, after they were called to the Hotel Indigo in Celebration Pointe about a man causing a disturbance.”

“As deputies arrived staff told them that the disturbance was coming from the 4th floor, saying an older man was screaming racist profanities at some of the hotel guests.”

“While deputies were getting on an elevator, they could hear a man screaming coming from the 4th floor. Before they arrived, they heard Garmon in an adjacent elevator that opened up back in the lobby.”

Read the article.

“A New York lawyer representing two clients in separate but related criminal matters faces a ‘likely unwaivable’ conflict of interest based on the facts presented, a recent state bar association opinion said,” reports Melissa Heelan Stanzione in Bloomberg Law’s The United States Law Week.

“A conflict of interest exists for a lawyer in this situation if it will involve the lawyer in representing opposing interests, or that there’s a ‘significant risk’ that the lawyer’s professional judgment will be adversely affected by the lawyer’s own interests, the April 22 opinion said.”

“The lawyer asked the bar about ethical implications of the dual representation.”

“The clients are in a relationship, and one is charged with a crime where the other was a victim, the opinion recounted. But the alleged victim was intoxicated when the event occurred, and was arrested for driving while intoxicated after the alleged perpetrator was arrested, it said. And each is a witness in the others case, with the alleged victim wishing to testify in favor of the perpetrator, it said.”

Read the article.

“Richard Weber has been named to the position of general counsel at the New York State Department of Financial Services (DFS), according to an announcement from Superintendent of Financial Services Linda A. Lacewell. Weber was most recently head of Financial Crime Prevention for the Americas at UBS, spearheading all facets of sanctions, BSA and AML compliance. He also had previously served as Deutsche Bank’s head of Anti-Financial Crime for the Americas,” reports Pymnts.com in Bitcoin.

“Weber served with the Internal Revenue Service (IRS) as chief of the Criminal Investigation Division for over five years. He led a team of more than 3,500 while there, managing complicated financial crime probes involving digital currency, among other matters. Weber led high-profile investigations into Silk Road and FIFA.”

Read the article.