“Jones Day has hired five Supreme Court clerks from the October 2018 term, continuing its recent tradition of recruiting top talent from the nation’s highest court,” reports Roy Strom in Bloomberg Law’s Business & Practice.

“For nearly a decade, the Cleveland-founded firm has been a leader in the prestigious competition to land young lawyers with a Supreme Court pedigree. Last year, Jones Day hired nearly a third of all the clerks, 11, from the 2018 term. Jones Day has now hired 55 Supreme Court clerks since the 2011 October term. It’s 2019 class includes clerks for Justices Samuel Alito, Clarence Thomas, and Ruth Bader Ginsburg.”

Read the article.

Chad Mizelle J.D.’13 has been appointed to serve as acting General Counsel for the Department of Homeland Security, just seven years after graduating from Cornell Law School, reports Meghana Srivastava in The Cornell Daily Sun.

“Mizelle graduated magna cum laude from Cornell Law School in 2013, where he was active in the Cornell Law Review, according to his LinkedIn profile. He also served as the Mock Trial team’s head coach during the 2012-13 season.”

“Within the past year, Mizelle has worn many legal hats within homeland security, serving as Deputy General Counsel, Chief of Staff and now acting General Counsel.”

Read the article.

Sidley Austin LLP is pleased to announce that it has named María D. Meléndez its new chief diversity officer. She will replace Sally Olson who has served as chief diversity officer at Sidley since 2011 and will be retiring from the firm May 1, 2020.

Previously a partner in Sidley’s Commercial Litigation and Disputes practice, Meléndez has more than 25 years of experience in the litigation and arbitration of a broad range of high-stakes commercial disputes. From 2017 through 2019, Meléndez was named one of the “Top 250 Women in Litigation” by Benchmark Litigation. She served as a member of the firm’s Diversity and Inclusion Committee, including as New York chair from 2002 to 2016. Additionally, she was a member of the Recruiting of Associates Committee and the New York co-chair of the Summer Associate Program Committee. As chief diversity officer, Meléndez will devote all of her time to leading the firm’s efforts to further advance and increase diversity and inclusion at the firm and beyond.

Meléndez’s commitment to diversity and inclusion extends well beyond her work at Sidley. She is chair of the board of directors of LatinoJustice PRLDEF, a national civil rights organization using the power of the law, advocacy and education to advance and protect the rights of Latinos in the U.S. She also serves as the firm’s representative to Her Justice, a provider of legal services on matters of domestic abuse and child custody to disadvantaged women in New York. Meléndez is a recipient of the Puerto Rican Bar Association’s Flor de Maga award that is given to trailblazing women who have demonstrated leadership skills in their fields of expertise, who have been models to other women and girls, and who have advocated for a more equitable society.

Each year, as we prepare for this annual publication, we discuss how the complex social, political and environmental landscape has evolved – and its impact on business. In 2020, we’re entering an election year in the US, responding to a firehose of regulatory activity across the globe, and continuing to see the effects of a speak-out culture with demands for transparency and action. Things are as complex as ever before.

However, something just feels different this year. It’s not the level of complexity, but a shift in our perspective and approach to that complexity that is changing. And our network of experts and practicing R&C professionals contributing to the 2020 list agree.

We are now moving past deconstructing each and every risk and moving toward thinking holistically about integrating our strategies to simplify risk management. Amongst others, this is a common theme you will see unfold in this year’s trends.

Download to learn more about these trends.

Chamberlain Hrdlicka is pleased to announce the inclusion of 10 of its Atlanta attorneys among Super Lawyers for 2020. Shareholders David D. Aughtry, Stephanie Friese Aron, Annette A. Idalski, Thomas E. Jones, Jr., Seth R. Price and Hale E. Sheppard are recognized as Georgia Super Lawyers. In addition, shareholders John W. Hackney, Erica L. Opitz, Christopher A. Steele and associate Barclay R. Taylor were named as “Georgia Rising Stars” by the publication. The complete list of honorees is available today and can be found here.

Super Lawyers, part of Thomson Reuters, is a rating service of attorneys from more than 70 practice areas. Those recognized have attained a high degree of peer recognition and professional achievement. Only five percent of lawyers in Georgia are selected as Super Lawyers. Sections are determined by independent, attorney-led research and peer evaluations. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement, including verdicts/settlements, transactions, special licenses and pro bono service.

Aughtry co-chairs Chamberlain Hrdlicka’s tax practice. A renowned tax attorney, he counsels clients involved in civil and criminal tax litigation. He earned his undergraduate degree from the Citadel, and both his graduate degree in accounting and his law degree from the University of South Carolina. He also holds a Master of Laws in taxation from Emory University School of Law.

Friese focuses her practice on commercial real estate transactions including acquisition of land, leasing, construction, financing and disposition. She earned her undergraduate degree from Stetson University and her law degree from the University of Georgia School of Law.

Idalski chairs the firm’s employment and labor group, focusing on litigation and counseling. She earned her undergraduate degree from Central Michigan University and her law degree from St. Mary’s University School of Law.

Jones focuses his practice in the areas of business law and trust and estates. He holds an undergraduate degree from Emory University and a law degree from the University of Georgia School of Law.

Price is a construction lawyer who guides clients through the resolution of complex contract disputes. He earned his undergraduate degree from Trinity College and his law degree from The National Law Center of George Washington University.

Sheppard is a partner in Chamberlain Hrdlicka’s tax controversy practice, helping businesses with tax disputes and compliance projects, particularly those involving international issues. He earned his undergraduate, graduate and law degrees from the University of Kansas School of Law. He also earned a Master of Laws in taxation from the Universidad de Chile and a Master of Laws in taxation from the University of Florida Levin College of Law.

Hackney focuses on tax controversy and litigation, advising clients on a range of tax issues including captive insurance and accounting method issues. He earned his undergraduate degree from University of Virginia and his law degree from University of Georgia School of Law.

Opitz assist clients with corporate governance, commercial contract, mergers and acquisitions and privately-held securities matters. She earned her undergraduate degree from Binghamton University and her law degree from Mercer University’s Walter F. George School of Law.

Steele is a member of Chamberlain Hrdlicka’s trusts and estates practice, serving as a trusted advisor to individuals, families and business owners. He earned his undergraduate degree from Georgia State University and his law degree from Mercer University’s Walter F. George School of Law. He also earned a Master of Laws in taxation from the University of Florida Levin College of Law.

Taylor focuses on individual and corporate taxpayers in disputes with the Internal Revenue Service. He earned his undergraduate degree from the University of Georgia and his law degree from Mercer University’s Walter F. George School of Law. He also earned a Master of Laws in taxation from Southern Methodist University Dedman School of Law.

Dykema, a leading national law firm, successfully defended Kia Motors America, Kia Motors Corporation, and Kia Motors Manufacturing Georgia (collectively, “KIA”) in a product liability case in the Superior Court of Los Angeles. After a 17-day trial, and after deliberating for just 90 minutes, on February 13, 2020, a jury returned a defense verdict in favor of KIA. Plaintiffs were seeking more than $87M in damages.

In May 2018, plaintiffs filed an instant action claim against KIA following an automotive accident that occurred in May 2017 involving a 2016 Kia Optima. Plaintiffs later filed their Second Amended Complaint (SAC) asserting causes of action for Strict Product Liability, Negligence, and Wrongful Death. In total, plaintiffs sought damages of $87.7 million.

Plaintiffs contended that issues with the Kia Optima’s power steering caused the loss of driver control. However, the jury determined that KIA was not responsible for any damages occurring in the accident.

“We were pleased by the jury’s decision that found KIA not liable for this unfortunate accident,” said Mike Carey, a member of the Dykema trial team. “After a long and strenuous process for all parties involved, we are pleased with the outcome, showing that the 2016 KIA Optima is a safe, reliable vehicle that has no defects in its power steering system.”

The Dykema team representing KIA was led by James Feeney and included Dommond Lonnie, Director of Dykema’s Automotive Industry Group, Mike Carey, Co-Leader of Dykema’s Mobility & Advanced Transportation Team, James Azadian, and Cory Webster.

“Biglaw firms across the globe continue to promote diversity and inclusion among their ranks by instituting transgender-friendly workplace policies. To that end, many firms have decided to embrace the full gender spectrum by encouraging any and all employees — not just their transgender, genderqueer, and nonbinary employees — to use gender pronouns in their email signatures.” writes Staci Zaretsky in Above The Law’s BigLaw.

Earlier Above the Law “wrote about Sidley Austin’s heartening step forward when it offered firmwide approval and support for employees to add gender pronouns to their signature blocks. As it turns out, many other firms have done the exact same thing.”

The article provides a few of these signature blocks, including facts about each firm’s steps toward inclusivity.

Read the article.

“Michael Avenatti, the failed presidential candidate and lawyer who represented adult-film star Stormy Daniels in her suit against President Trump, was found guilty by a federal jury in New York on Friday of all three counts he faced over an attempt to extort Nike. The disgraced attorney could now spend a maximum of 20 years in prison, and his epic downfall hasn’t ended either, since additional trials await for other alleged crimes.” reports Chas Danner in the New York Intelligencer.

“Last March, federal prosecutors alleged that while Avenatti was representing a youth basketball coach, he and an associate threatened to publicly accuse Nike of illegally paying amateur basketball players if the company didn’t hand over millions of dollars. Avenatti was arrested in March after the FBI recorded him threatening Nike representatives.”

Read the article.

“A tip to an FBI hotline launched an eight-month investigation by the state police organized crime unit that ended this week with a Uniontown lawyer being accused of offering to launder drug money for clients.” reports Paul Peirce in TRIBLIVE’s Regional News.

“Authorities on Thursday arrested Tancredi Calabrese, 32, who is charged with dealing in the proceeds of unlawful activities, criminal attempt to deal in the proceeds of unlawful activities, unsworn falsification to authorities and tampering with public records. He is free on $50,000 unsecured bond. A preliminary hearing is scheduled Feb. 26.”

“The investigation began in June after the FBI received a tip about Calabrese’s alleged activity, Trooper Craig Yauch reported in court documents.”

Read the article.

“Carrols Restaurant Group, Inc. (“Carrols” or the “Company”) (Nasdaq: TAST) announced that it has appointed Markus Hartmann as the Company’s Vice President and General Counsel effective February 18, 2020.” reports BusinessWire.

“Mr. Hartmann is a business-oriented legal leader with experience in both public and private companies. He has practiced law in both domestic and international settings. Markus is a driven executive with experience as both a commercial and legal leader, with a distinguished career spanning more than three decades.”

“Mr. Hartmann most recently was the Vice President for Technical Compliance at Mercedes-Benz Research & Development North America, Inc. (a Daimler Company) (XETR: DDAIF). During his tenure, he was responsible for establishing the technical compliance function in North America for Daimler’s passenger car and vans division. Mr. Hartmann previously served as the North American General Counsel for Sandoz, Inc. (a division of Novartis) (NYSE: NVS), as well as the European and North American General Counsel for Reckitt Benckiser (LSE:RB) while living and working as an expatriate in the Netherlands.”

Read the press release.

“The recent decision of the Bankruptcy Court for the Southern District of New York in In re AAGS Holdings LLC, Case No. 19-13029 (SMB) (Bankr. D. Del. Nov. 12, 2019), underscores the ability of debtors — and specifically, for purposes of this client alert, parties to real property purchase contracts — to take advantage of the Bankruptcy Code’s 60-day tolling period to get more time to close on a purchase despite a “time of the essence” (TOE) closing deadline. The SDNY Bankruptcy Court … held that a debtor’s bankruptcy petition is not filed in bad faith when the petition is filed in order to obtain a statutory 60-day extension of a TOE closing deadline. The decision underscores the need for sellers to consider the effect of this automatic bankruptcy extension when negotiating with buyers over the terms of a consensual closing extension (e.g., fees and increased deposits) even if the contract does not have a financing contingency.” warn Adam C. Rogoff, Daniel Ross Berman and Caroline Gange in Kramer Levin’s Perspectives.

“The court found that the term “Closing Date” as defined in the PSA was, in fact, ambiguous.”

Read the article.

“Florida’s Second District Court of Appeal recently issued a decision that serves as a reminder not to take for granted a proposition that most practicing attorneys regularly encounter: a motion for summary judgment must be supported by competent evidence, and an affidavit that does little more than mimic the motion for summary judgment will not suffice.” write Dean A. Morande and Rachel A. Oostendorp in Carlton Fields Insights.

“In Rodriguez v. Avatar Property & Casualty Insurance Co., a plaintiff sued her insurer, alleging that it had breached her homeowners insurance contract by denying coverage for water damage. The trial court granted the insurer’s two separate motions for summary judgment” which the Second District reversed “concluding that the 37-page affidavit lacked sufficient information to demonstrate that the affiant possessed the competency or personal knowledge to testify on those matters, which ranged from contract interpretation to trade specialties of plumbing and contracting. ”

Further, “The affidavit failed to identify her title or corporate duties, did not state that it was made on personal knowledge, and did not set forth her relevant skill set or experience.”

Read the article for the three “musts”.

“Most construction contracts, and sometimes even estimates or purchase orders, require that changes to the original scope of work be approved in writing. Despite the requirement, there are many instances where the parties do not follow this and do not properly document changes. As a result, costly disputes often arise.” write Rhiannon K. Baker and Philip S. Bubb in Fredrikson & Byron’s News & Media.

“Changes are often needed in the course of a construction project. And those changes typically include work that is either added or removed from the original scope of work. While that might sound like a unilateral request or decision, in practice, it is not.”

“In fact, a change order is a contract amendment. ”

The article provides a list of what should be included in a change order.

Read the article.

“The U.S. Government, through the Department of Energy (DOE), regulates the energy efficiency of consumer products and industrial equipment that consume electricity. There are now more than 50 broad categories of products that are subject to regulation, including things such as lightbulbs, air conditioners, televisions, and kitchen appliances, as well as commercial heating and cooling equipment, refrigeration equipment, electric motors, and industrial fans. The requirements are different for every regulated product, and by law, DOE must consider whether to impose more stringent efficiency standards for every product every six years.” writes Mary Anne Sullivan of Hogan Lovells in Lexology.

“There are many ways to violate the regulations. In addition to selling products that do not meet the required efficiency standards,” the article provides a list of other activities that constitute violations.

Read the article

Eversheds Sutherland is pleased to announce that the TCPA litigation and counseling subgroup of the firm’s Litigation Practice Group has published its 6th annual REDIAL: 2019 TCPA Year-in-Review – Analysis of Critical Issues and Trends in TCPA Compliance and Litigation. REDIAL reflects the team’s thought leadership and in-depth analysis of significant Telephone Consumer Protection Act (TCPA) court cases, regulatory developments and compliance issues.

“In 2019, the insurance, financial services, energy and telecommunications sectors, among many others, were all uniquely affected by the TCPA,” said Lewis S. Wiener, US partner and leader of Eversheds Sutherland’s TCPA practice. “Keeping up with developments in the TCPA area has never been more important. At the start of 2019, there was no more TCPA plaintiff-friendly jurisdiction than the 11th Circuit. By the end of the year, the 11th Circuit had become the least plaintiff-friendly jurisdiction. As TCPA cases continue to be filed at a record rate, compliance becomes more important for businesses in every sector. REDIAL and Eversheds Sutherland’s continuing thought leadership in the TCPA area helps to highlight these developing trends and analyzes the key legal issues affecting these industries.”

Among other things, a few interesting facts within the publication include:

• The Cellular Telecommunications Industry Association estimates that 6 billion texts are sent daily in the United States
• As many as 100,000 cell phone numbers are reassigned every day
• More than 3,000 TCPA lawsuits were filed in 2019

View the full 2019 TCPA Year-in-Review publication.

Eversheds Sutherland’s Litigation Practice Group, which includes more than 100 litigators, has tried and argued cases in the US Supreme Court, all 13 circuits of the US Court of Appeals, the Court of Federal Claims, the Tax Court, and hundreds of federal district and state trial and appellate courts across the country. The team represents regional, national and global clients from a broad range of industries, including financial services, securities, insurance, energy, construction, manufacturing, automotive, distribution, education, professional services, data privacy, electronics, technology and defense. The experienced team of TCPA and class action attorneys aggressively defends clients and counsels on how to set up and structure communication programs to comply with the TCPA and minimize litigation risks.

Dykema, a leading national law firm, today announced the addition of Steven D. Mroczkowski to its Financial Services Litigation Practice Group. Mroczkowski joins Dykema’s Chicago office where he will concentrate on complex commercial litigation, representation of financial institutions, and construction law.

Mroczkowski 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 and appellate courts and also represents clients in mediation and arbitration proceedings. Mroczkowski also works closely with clients to prevent disputes through contract drafting and document review and provides valuable general counsel advisory services to industry clients.

He regularly writes and speaks about developments in construction law and general commercial law as it pertains to the financial services industry. He is a past chairperson of the Chicago Bar Association’s Real Property Law Subcommittee on Construction Law and Mechanics Liens. Mroczkowski has been selected to serve on the Illinois State Bar Association’s (ISBA) Construction Law Section Council and is currently serving as the Council’s secretary. He is also a member of the State Bar of Wisconsin’s Construction and Public Contract Law Section.

Mroczkowski earned a J.D. from the Chicago-Kent College of Law and a B.A., magna cum laude, in Economics and French from North Central College.

Perkins Coie is pleased to announce that Renée Rothauge has joined the firm’s Commercial Litigation practice as a partner in the Portland office. Renée counsels national and global clients on litigation strategy and guides them through high-stakes jury and bench trials as well as arbitrations.

With three decades of courtroom trial experience, Rothauge focuses her practice on complex business litigation. She has represented clients in licensing and shareholder disputes, business torts, breach of contract and intellectual property matters—including trademarks, trade secrets, unfair competition, copyrights, and patents.

Rothauge has received numerous accolades during her career, including being ranked Band 1 in Chambers USA for litigation and being named a Women of Influence honoree by the Portland Business Journal. She is also active in the legal community, serving as chair of the prestigious American College of Trial Lawyers’ Oregon State Committee and as a member of the executive committee of the Oregon State Bar Litigation Section.

She earned her J.D., cum laude, from the Willamette University College of Law and her B.S.F.S. from Georgetown University’s School of Foreign Service.

Foley & Lardner LLP announced that Thomas Krysa has joined the firm’s Denver office as a partner in its Litigation Department and Securities Enforcement & Litigation Practice Group. Before entering private practice in 2016, Krysa served in government roles for nearly two decades – most recently as associate regional director for enforcement in the Denver regional office of the U.S. Securities and Exchange Commission (SEC), where he oversaw the SEC’s enforcement program in seven western states and before that, as head of the trial unit in the Denver regional office. Earlier in his career, Krysa served as a federal prosecutor for the U.S. Department of Justice (DOJ) Tax Division in Washington, D.C.

A veteran litigator and trial attorney, Krysa counsels clients in securities litigation and enforcement matters, government investigations and complex commercial disputes. He regularly represents clients in matters before the SEC, DOJ, Financial Industry Regulatory Authority (FINRA), Public Company Accounting Oversight Board (PCAOB), Commodity Futures Trading Commission (CFTC), and other federal and state regulatory bodies. Krysa’s practice also includes conducting internal investigations for corporations, their boards of directors and audit committees.

During his time leading the SEC’s enforcement program in its Denver office, Krysa supervised matters involving insider trading, financial fraud, activities of broker-dealer and investment advisor misconduct, market timing, market manipulation and audits of public companies. Prior to that, he supervised the office’s trial unit and was responsible for litigating securities enforcement matters in federal district courts and before administrative law judges.

Krysa comes to Foley from Brownstein Hyatt Farber Schreck LLP, where he was a shareholder in the firm’s Litigation Practice.

Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that Gerlach Rechtsanwälte, a labor and employment law firm in Austria, is joining its global platform. The move follows the recent opening of Littler’s Singapore office, its first in Asia, along with its expansion into Norway last year.

Adding Rechtsanwälte is part of Littler’s global growth strategy that includes combining with top firms focused on labor and employment law in important international markets. With this latest expansion, Littler now has a presence in eight countries in Europe, bringing its global footprint to more than 1,500 attorneys across 21 countries.

Founded by Roland Gerlach, an accomplished attorney with more than 25 years of experience, Rechtsanwälte focuses on Austrian and European employment law. The firm counsels clients on matters related to employment contracts and terminations, pensions law, restructuring and conflict resolution, including litigation. The firm also advises on data protection issues, works council negotiations and the employment aspects of social security regulations.

Gerlach is a member of the Governing Committee of the Vienna Bar Association and the Austria representative on the board of the European Employment Lawyers Association. He is joined by partners Michaela Gerlach, who brings two decades of employment law experience, and Markus Loescher, whose practice includes a particular focus on the intersection of technology and the workplace.

Littler’s international operations span four continents – North America, South America, Asia and Europe – and include Austria, Belgium, Canada, Colombia, Costa Rica, the Dominican Republic, El Salvador, France, Germany, Guatemala, Honduras, Italy, Mexico, the Netherlands, Nicaragua, Norway, Panama, Singapore, the United Kingdom, the United States and Venezuela. The firm’s global capabilities also include U.S.-based lawyers with exceptional international experience, who are dually licensed practitioners in Australia, Brazil, Japan and South Africa.