“Four of America’s biggest banks have been accused of harming thousands of coronavirus-hit small businesses by unfairly prioritizing emergency loan requests from large customers to earn fatter fees,” reports Matt Egan in CNN Business.

“BAC, Wells Fargo, JPMorgan Chase and US Bank were sued Sunday for allegedly failing to process forgivable loans in the $349 billion Paycheck Protection Program (PPP) on a first-come first-served basis.”

“Each bank ‘concealed from the public that it was reshuffling the PPP applications it received and prioritizing the applications that would make the bank the most money,’ each of the four lawsuits said.”

“As a result of this ‘dishonest and deplorable behavior,’ the lawsuit said thousands of small businesses ‘were left with nothing’ when PPP ran out of money earlier this month.”

“The legal action was brought by a range of California small businesses, including a frozen yogurt shop, law firms, an auto repair company and a cybersecurity firm.”

Read the article.

“A 71-year-old criminal defense lawyer in Melbourne, Florida, was arrested Saturday for allegedly using his legal practice to recruit clients into a prostitution ring that he ran out of his home,” report Law.com, the Orlando Sentinel, the Miami Herald and WESH.

“The lawyer, John Gillespie, was arrested in a sting operation.”

Gillespie ran unsuccessfully to be the Orange-Osceola public defender as a Republican in 2004.’

The Orlando Metropolitan Bureau of Investigation cited evidence that Gillespie ‘would initiate women he represented on criminal charges into prostitution or exchange sex acts for legal fees.'”

“The agency began investigating after a former law firm employee said she had helped Gillespie recruit women and girls into sex trafficking, according to an arrest warrant cited by the Orlando Sentinel.”

Read the article.

Greensfelder, Hemker & Gale, P.C., is pleased to announce that the firm and its attorneys have been highly ranked in the 2020 edition of the Chambers USA legal industry guide.

Chambers ranked Greensfelder’s Franchising practice, along with the firm’s Franchising Officers Beata Krakus and Leonard D. Vines, as among the nation’s top leaders in franchising law.

Chambers USA also ranked Greensfelder in St. Louis for the practice areas of Litigation: General Commercial, Labor & Employment, and Real Estate. In addition, Chambers USA ranked the following Greensfelder Officers as among the top attorneys in St. Louis in their respective practice areas:

– Amy L. Blaisdell (Labor & Employment)
– Vincent J. Garozzo (Corporate/M&A)
– Jill K. Luft (Labor & Employment)
– Kevin T. McLaughlin (Labor & Employment)

“It is an honor for Greensfelder and our attorneys to be recognized again in the prestigious Chambers USA guide,” said Greensfelder President and Chief Executive Officer Kevin T. McLaughlin. “We are gratified that our clients continually commend for us for meeting and exceeding their goals in serving their legal and business needs.”

Based in Greensfelder’s Chicago office, Ms. Krakus is a member of Greensfelder’s Franchising & Distribution industry group. She works with clients across the United States and around the world, preparing franchise programs for concepts including real estate brokerages, hotels, restaurants, and fitness and personal health systems, among others. She also works with other distribution models and assists her clients in managing their distribution networks.

Based in Greensfelder’s St. Louis office and also a member of the Franchising & Distribution group, Mr. Vines has extensive experience representing national, regional and local franchisors and distributors. He has assisted start-up and established franchisors, as well as franchisees and franchisee associations. Mr. Vines also is a frequent lecturer and writer on franchise topics.

Also based in St. Louis, Ms. Blaisdell is a member of Greensfelder’s Employment & Labor practice group and leads the firm’s Health Care industry team. She has represented employers nationwide in the defense of employment and employee benefits litigation, including in the U.S. Supreme Court. She focuses her practice on highly regulated industries including health care and financial services. She is a member of the firm’s board of directors.

Mr. Garozzo is the leader of the firm’s Business Services practice group. Based in St. Louis, he has extensive experience in mergers and acquisitions, corporate finance, and tax issues. A member of Greensfelder’s board of directors, he formerly served as the firm’s president.

Based in St. Louis, Ms. Luft is the leader of the firm’s Employment & Labor practice group. She regularly defends employers in employment-related litigation in state and federal courts and provides proactive employment and human resources counseling to clients.

In addition to his role as Greensfelder’s president and CEO, Mr. McLaughlin is a member of the firm’s Employment & Labor practice group. He handles a range of employment issues including traditional labor matters, working with employers to navigate lawsuits, investigations and human resources issues. He is based in St. Louis.

Published annually and widely read by industry-leading companies and organizations across the nation, the Chambers USA guide ranks the leading U.S. firms and attorneys based on in-depth research and interviews with clients and peers. The London-based Chambers and Partners assesses attorneys on attributes most valued by clients, including technical legal ability, professional conduct, client service, commercial astuteness, diligence, and commitment. For more information, visit
https://chambers.com/guide/usa?publicationTypeId=5.

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.

The Virginia law firm of Gentry Locke is pleased to announce that Erin Harrigan has joined as a partner in the Criminal & Government Investigations practice.

Harrigan served as Assistant United States Attorney in the Western District of Virginia, based in Charlottesville, where she was the Lead Prosecuting Attorney for the Organized Crime & Drug Enforcement Task Force (“OCDETF”) and was nationally recognized for her work with the OCDETF National Director’s Award. As a federal prosecutor, Harrigan also prosecuted and investigated public corruption, regulatory offenses, human trafficking and fraud cases of local origin and involving multi-national corporations. She previously worked for the Virginia Attorney General’s office handling criminal matters in the trial and appellate courts, and focused on human trafficking and gang/organized crime.

As both a federal and state prosecutor, Harrigan is well known for her work in human trafficking. In addition to involvement in active litigation, she has been a sought after speaker and advisor in the field of human trafficking. Among many events, Harrigan spoke at American Bar Association events advising corporations how to protect themselves from being caught up in human trafficking investigations. She was invited by the Dutch government to consult at the Hague and in Amsterdam with five other countries on strategies to combat sex trafficking of children globally.

“An Ohio attorney who stole from and overcharged a client nearly $129,000 was indefinitely suspended by the state’s highest court,” reports Melissa Heelan in Bloomberg Law.

“The Dublin, Ohio, lawyer first began working for the client, who suffered from mental illness, alcoholism, and depression, in 2015, the court said. His then-firm agreed to represent her pro bono for $20 per month. But Buttars entered into a separate written fee agreement, agreeing to represent her “in any capacity” for an hourly rate of $250.”

“The client told Buttars that even though she couldn’t pay him right away, she was going to receive ‘a substantial inheritance’ from her mother when she passed away, the court said.”

“After the mother died in 2015, Buttars—who soon after formed his own firm—administered the estate and did various nonlegal, personal jobs for the client, according to the court. He helped her look for a new apartment, mowed her lawn, and went shopping for her. He sometimes charged his hourly rate of $250 and at other time the paralegal rate of $150 per hour, the court said.”

Read the article.

“Zogenix, Inc. (NASDAQ: ZGNX), a global pharmaceutical company developing rare disease therapies, today announced it has appointed Shawnte M. Mitchell to the role of Executive Vice President, General Counsel and Secretary. In this role, Ms. Mitchell will lead the company’s Legal team, manage certain corporate affairs, and serve as a member of the Zogenix Executive Team,” reports Melinda Baker in Zogenix’s News Releases.

“An accomplished attorney, Ms. Mitchell has more than 15 years of experience advising publicly traded and privately held companies. She joins Zogenix from Aptevo Therapeutics, where she was most recently Senior Vice President, General Counsel and Corporate Affairs, contributing to the development and execution of the company’s strategic and operational plans and overseeing compliance, governance, SEC, intellectual property, data privacy, and contractual matters. Prior to Aptevo, Ms. Mitchell was Vice President, Associate General Counsel and Assistant Secretary at the specialty biopharmaceutical company Emergent BioSolutions. Earlier, as an Associate at Ropes & Gray, she advised health care, life sciences, and technology clients in mergers and acquisitions, venture capital investment, and other matters. Ms. Mitchell received a B.S. in Biological Sciences from Stanford University and a J.D. from The George Washington University Law School.”

Read the article.

“The Unites States District Court for the Northern District of California recently found that 10b-5 litigation regarding Elon Musk’s tweets could move forward after reviewing a motion to dismiss in In Re Tesla Inc. Securities Litigation,” discusses Steve Quinlivan in Dodd-Frank’s Litigation blog.

“Mr. Musk famously tweeted ‘Am considering taking Tesla private at $420. Funding secured.’ Mr. Musk later responded to comments related to his tweet and also posted new tweets on the subject. Tesla’s Senior Director of Investor Relations received three e-mails inquiring about Mr. Musk’s tweets. One response given was ‘I can only say that the first Tweet clearly stated that ‘financing is secured.’ Yes, there is a firm offer.'”

“The Court rejected the defendants’ argument that the tweet was not false and misleading. Among other things, the Court found even if the entire tweet is deemed an opinion about the future funding, that would not insulate the tweet from scrutiny; a statement of opinion can be deemed misleading if it conveys facts, and this is especially so when the opinion contains highly specific facts—e.g., here, the specific price of $420. Because Mr. Musk, the CEO of Tesla, included the highly-specific price of $420 at which shares would be bought for the going-private transaction, and because his tweet followed with “funding secured,” a reasonable investor would have interpreted it as something more than a speculative amorphous opinion about future possibilities. Instead, it can be read as implying a more concrete state of affairs.”

Read the article.

“After a public dispute with the White House about exporting N-95 masks, 3M is turning to trademark law to help combat impressions that it is price-gouging at home … reported earlier this week on 3M’s lawsuit against Performance Supply, a New Jersey company that offered to sell 3M masks to New York City for 500-600% of 3M’s list price. Shortly after filing that complaint, 3M also sued a Utah company for similar activities in the Eastern District of California,” reports Kimberly Maynard in Frankfurt Kurnit Klein + Selz’s IP & Media Law Updates.

“In the second complaint, 3M alleges that Rx2Live, LLC contacted Community Medical Centers, Inc. (“CMC”), a healthcare provider based in Fresno, offering to sell 3M-branded N95 masks at 400-500% of the 3M list price (with a minimum purchase of 10 million masks).  Rx2Live invoked the 3M name multiple times, stating that the masks were “direct from 3M” and that “3M requires payment in full before order can be placed.”  According to 3M, neither of these statements is true.  The case is 3M Company v. Rx2Live, LLC, 1:20-cv-00523.”

“As with the Performance Supply lawsuit, 3M does not allege that Rx2Live sold counterfeit products, placed the 3M marks or a colorable imitation thereof on its own masks, or sold “gray market” goods (i.e., 3M-branded products manufactured for sale outside the U.S. and improperly imported and sold in the U.S.).  It is unclear from the complaints if the defendants are reselling authentic 3M masks they previously purchased, albeit at an unconscionable price.  While price-gouging is illegal, it is not prohibited by the Lanham Act.  In fact, the first-sale doctrine expressly allows consumers to resell unaltered, branded products and to advertise them as such.”

Read the article.

The International Association of Defense Counsel (IADC) has announced that Jonathan Krisko, a shareholder at Robinson, Bradshaw & Hinson, P.A., in Charlotte, N.C., has accepted an invitation to join the IADC, the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests.

“I am honored to be offered membership in the IADC,” Mr. Krisko said. “I very much look forward to the opportunity to enhance my ability to serve my clients because of the professional and skill development IADC offers from its elite members. I also appreciate the camaraderie that comes from membership in such an outstanding group.”

Mr. Krisko represents clients in complex, business-related litigation, which has included matters involving health care, product liability, technology, and government and regulatory investigations. His experience also includes trials, arbitrations and appeals in federal and state courts.

Mr. Krisko has served on the boards of the Mecklenburg (N.C.) County Bar and the Childress Klein YMCA (Charlotte), and as a member of the North Carolina Bar Association Appellate Rules Committee, among other roles. Previously, he served as a judicial clerk to Judge Karen LeCraft Henderson of the U.S. Court of Appeals for the District of Columbia Circuit. Prior to attending law school, Mr. Krisko served on active duty as a lieutenant in the U.S. Navy.

Mr. Krisko received his J.D. (with high honors) from the University of North Carolina at Chapel Hill, where he served as the editor-in-chief of the North Carolina Law Review. He received his Bachelor of Arts from Duke University.

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

Buchalter is pleased to announce and welcome new member of its Tax, Benefits, & Estate Planning Practice Group, Parisa Weiss, to its San Diego office. Weiss focuses her practice on estate planning, trust, and probate administration and litigation. She also advises businesses and individuals with diverse financial, tax, asset protection and benefit retention requirements, and prepares related documents including revocable trusts, special needs trusts, irrevocable trusts, wills, powers of attorney, and advance healthcare directives.

Named a “2019 Woman of Influence,” by the San Diego Metro Magazine, Weiss was also recognized as a “Top Business Leaders Under 40” in 2018. She was also named to “Best of the Bar” 2015-2016, by the San Diego Business Journal, and honored by the San Diego Daily Transcript as a “2014 Top Attorney.”

Weiss also advises fiduciaries and individual trustees regarding the proper administration of trusts and probates as well as beneficiaries of trusts and estates with respect to their rights. When necessary, Weiss also represents clients in estate, trust and conservatorship litigation.

The American College of Trial Lawyers: The Best of the Trial Bars

The American College of Trial Lawyers is recognized as the leading trial lawyers organization in the United States and Canada. Membership is by invitation only and is limited to only those trial lawyers who are “unquestionably and eminently qualified,” and regarded as the best in their state. Qualifications include high ethical and moral standards, as well as excellent character.

Raising the Bar – A Conversation with Fields Alexander

Why did you become a lawyer?
“Well my father was a trial lawyer and that certainly had an impact, as it was obvious to me that he loved what he did. But he never pushed me into the law. To the contrary, he always made it clear to me that trial work is something you should do only if you feel drawn to it, as it is not an easy way to make a living. Fortunately, I am drawn to it. I love advocacy. I enjoy the competition in it, and I am honored that I have the opportunity to put other people’s problems on my back and work on solving them.”

How do you feel having been elected into the American College of Trial Lawyers?
“Honored and humbled, to be quite honest with you. The talent and accomplishments of the men and women that are in the College is staggering, and I am frankly both honored and very humbled to have been invited to join their ranks. Equally important to me is the emphasis the College places on professionalism and collegiality. These are both preconditions to election, and they are traits that I take very seriously.”

What do you credit for getting you to this point in your law career?
“I have been blessed to work under a number of excellent mentors along the way. That list has to start with Judge Lee Rosenthal, with whom I worked as a judicial clerk my first year out of law school. Following that clerkship, I have been privileged to work with a number of exceptional trial lawyers, many of whom were also members of the College. These would include, among many others, Knox Nunnally, Bob Schick, Dick McCarroll, and of course David Beck.”

You are the sixth attorney from Beck Redden to be elected into the American College of Trial Lawyers. What does this say about the Firm?
“It says a lot about David Beck, the founder of our Firm. His dedication to both the craft of advocacy and to professionalism is at the forefront of everything he does. At Beck Redden certain things are non-negotiable. We are to always put forth our very best effort for our clients, and to do so without sacrificing an ounce of professionalism in our dealings with opposing counsel, their clients, and of course the courts.”

Read more about Fields Alexander.

“Biglaw is an industry-specific nickname for high-revenue law firms with large headcounts. It can also refer to smaller firms that pay their lawyers a market rate salary, or even a medium-sized outfit with wide, international reach and notoriety,” writes Joshua Holt in Law Fuel’s blog.

“All of these types of firms are typically headquartered in major US cities, like Los Angeles, New York, and Chicago, with multiple branches in smaller markets. And, most notably, lawyers who work in Biglaw can expect to be paid based on the Cravath scale.”

“The Cravath Scale, an offshoot of the Cravath system, is named after Cravath, Swaine & Moore LLP, the firm which is generally considered the authority on setting associate salaries. Its compensatory functions include factors like the number of years out of law school and particular law school classes, among others.”

“Lawyers on this pay scale not only earn the same salary but can also anticipate receiving the same annual market bonus. Based on the lockstep and closely monitored structure of the scale, if one firm offers an associate a higher salary, other firms tend to follow suit. But while this scale is based on a platform of consistency, changes have been experienced throughout the years.”

Read the article.

“Equifax will pay Massachusetts $18.2 million and change its security practices as part of a settlement between the credit reporting agency and the state stemming from a major 2017 data breach, Attorney General Maura Healey announced Friday,” reports Chris Lisinski in WBUR’s Bostonomix.

“Healey sued Equifax shortly after the company’s alleged missteps exposed personal data, including Social Security numbers and driver’s license numbers, of 147 million Americans and 3 million Massachusetts residents. The attorney general said the company also failed to notify consumers in a timely manner once the breach occurred.”

“Her office reached its own settlement with Equifax about nine months after declining to join other states in July 2019 agreements, which the attorney general told reporters allowed Massachusetts to secure a larger payment and more strict conditions on the company.”

Read the article.

“The current outbreak of the coronavirus (also known as COVID-19), recognized by the WHO as a global pandemic, has already had a significant effect on certain businesses and appears likely to have an even greater impact, raising concerns about parties’ ability to meet contractual obligations and parties’ willingness to perform obligations where it is no-longer commercially beneficial to do so,” discusses Paul Rosen, Edward A. Tran and David Wood in The National Law Review.

“Unique and critical considerations are raised for parties to M&A transactions operating in these unchartered waters, both those who exchanged on a deal before the crisis unfolded which is yet to complete and those looking to enter into a transaction in the near future. With a focus on M&A agreements governed by English law, this advisory summarizes the concept of force majeure and discusses whether force majeure clauses in contracts could be triggered by the ongoing coronavirus outbreak and the global containment measures imposed. Frustration, an alternative legal avenue for relief from contractual performance is also discussed and practical steps parties may wish to consider are set out.”

Read the article.

“With precedent being the bedrock of the legal industry, lawyers sometimes fall into the trap of mirroring conventions that they have observed other lawyers follow. Many times, this mirroring occurs without much thought by the writer about the value of the convention. Instead, the writer simply takes for granted that the convention is the ‘right’ way to do things because someone else has done them that way,” warns Andrew B. Schrack in Butler Snow’s BizLitNews.

“Such conventions are not necessarily incorrect, but they last long beyond their usefulness. One (1) such outdated convention is the doubling words and numerals, as illustrated in this sentence. It is completely unnecessary in typed documents.”

“The convention originated with handwritten documents, in which it was easy for numbers to be confused. (I’ve personally had my scribbled ‘9’ mistaken for a ‘7’). Numbers also could be altered easily by inserting extra numerals or attempting to transform a 3 into an 8. In fact, the easy alteration of numerals is the reason that we spell out the numbers on our checks (for those of us who still use checks). Still, numerals are easier to read at a glance, and so early legal writers included both.”

Read the article.

“As local and national regulations seek to ‘lower the curve’ of infections of the COVID-19 illness, they have forestalled a host of consumer transactions, most notably those regarding travel, hospitality, and community events,” writes Spencer M. Rubin in Bryan Cave Leighton Paisner’s Insights.

“Even if such regulations do not absolutely prohibit the fulfillment of those transactions, companies must confront the fact that consumers will still want to cancel them for the health and safety reasons.  When this happens, companies’ standard cancellation policies or then-effective termination or force majeure clauses in their consumer contracts are likely insufficient to deal with the high consumer demand for contract cancellations.  Therefore, companies should consider being prepared to enact ‘extenuating circumstances’ cancellation policies (‘ECCPs’) to excuse performance under existing consumer contracts.”

Read the five steps for drafting effective ECCPs.

Read the article.

Saint Joseph’s University has appointed Tracey S. Pachman, J.D., to serve as the University’s General Counsel, the result of a thorough national search. Pachman, who joins Saint Joseph’s on April 14, brings nearly 20 years of deep and varied higher education legal experience to the University. She specializes in contracts, intellectual property, research, employment and student matters, and other higher education law issues,” reports Saint Joseph’s University.

“Pachman succeeds Marianne Schimelfenig, J.D., who has served as the University’s General Counsel since 2008.”

“Prior to Pachman’s tenure at Villanova, where she served as deputy general counsel since 2014, she was the assistant general counsel for ARAMARK, serving the K-12 and higher education business, and held positions at Comcast as senior counsel and Pepper Hamilton LLP as an associate.”

Read the article.

“During the months that Virginia state Sen. Jennifer McClellan worked to pass a groundbreaking clean energy law, she liked to say that the process was like trying to land a plane that was on fire,” writes Dan Gearino in Inside Climates News’ News Section.

“Then, when it passed, she found a new metaphor: It was like landing on the moon.”

“The bill, which Gov. Ralph Northam signed on Sunday, makes Virginia the latest state to require a transition to 100 percent carbon-free or renewable energy, and the first in the South. This club now includes five other states—California, Hawaii, New Mexico, New York and Washington—plus Puerto Rico and Washington, D.C.”

“Also, Maine and Nevada have enacted laws that set goals—as opposed to requirements—for 100 percent clean energy.”

Read the article.

“The Supreme Court’s announcement this week that it will hold oral arguments via teleconference for the first time in its history has a small group of America’s top attorneys prepping for the most important phone calls of their careers,” writes Tucker Higgins in CNBC’s Politics.

“The court said that it will hear 10 arguments over the first two weeks in May, including blockbuster disputes over the Electoral College and whether President Donald Trump can keep his tax records shielded from investigators. ”

Read the article.

Gregory Chin has joined Duane Morris LLP as a partner in the firm’s Corporate Practice Group in its San Francisco office. Prior to joining Duane Morris, Chin was a partner at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Chin, who was a partner at Latham & Watkins, LLP and Jones Day before joining Mintz Levin, has 20 years of experience representing public and private companies in complex transactional, general corporate and securities disclosure matters. He focuses his practice on emerging growth industries, including innovative media, software, cannabis, energy and sustainability, life sciences and digital health. Chin has represented public and private targets and acquirers in mergers and acquisitions valued from under $1 million to more than $1 billion; represented both issuers and investors in hundreds of venture capital financings valued from under $1 million to several hundred million dollars; and represented both issuers and underwriters in public offerings. He regularly serves as outside general counsel, advising startups and emerging growth companies on their business plans as well as company formation issues, and counseling public companies with regard to disclosure obligations and SEC compliance issues.

Chin is a graduate of Harvard Law School (J.D., cum laude, 1999) and Yale University (B.A., 1993).