Bradley Arant Boult Cummings LLP is pleased to announce that Jason P. Mehta, a partner in the firm’s Tampa office, has been selected as a 2020 Fellow of the Leadership Council on Legal Diversity (LCLD).

As a Fellow of the LCLD, Mehta will participate in one of the most comprehensive legal talent development programs in the country. It is designed to increase diversity at the leadership levels of the nation’s law firms and corporate legal departments. With more than 300 members, the LCLD is a national organization made up of the general counsel and managing partners of the leading corporations and law firms in the country. The LCLD was launched in 2011.

Formerly an assistant U.S. attorney for the U.S. Attorney’s Office in Jacksonville, Fla., Mehta is a member of Bradley’s Government Enforcement and Investigations Practice Group. He advises companies and individuals on bet-the-company litigation and investigations. His practice relates primarily to responding to and defending government investigations, asset forfeiture actions, False Claims Act (FCA) and qui tam cases, and business litigation matters. He focuses his practice on compound pharmacy, urine toxicology, and telemedicine/telehealth prosecutions. He also routinely counsels private healthcare, banking and other clients on compliance and proactive defense strategies.

As an assistant U.S. attorney, Mehta worked on both civil and criminal matters throughout the Middle District of Florida, including in Tampa, Fort Myers, Orlando, and Ocala. During his five years as a prosecutor, he recovered nearly a quarter of a billion dollars for the U.S. government through FCA suits and prosecuted dozens of companies and individuals. He was recognized in 2017 with the Department of Justice (DOJ) Director Award, one of the highest honors bestowed upon DOJ employees. Previously, Mr. Mehta also worked as an attorney-adviser for the U.S. Department of State.

About Bradley
Bradley combines skilled legal counsel with exceptional client service and unwavering integrity to assist a diverse range of corporate and individual clients in achieving their business goals. With offices in Alabama, Florida, Mississippi, North Carolina, Tennessee, Texas, and the District of Columbia, the firm’s nearly 550 lawyers represent regional, national and international clients in various industries, including banking and financial services, construction, energy, healthcare, life sciences, manufacturing, real estate, and technology, among many others.

Perkins Coie is pleased to announce that Akane R. Suzuki has joined the firm’s Trust & Estate Planning practice as a partner in the Seattle office. In addition to serving the Seattle region, Akane has unique experience in the Japanese market and will help expand the practice’s international footprint.

Akane counsels clients through all stages of their estates life cycle. She represents entrepreneurs, retirees, business executives and owners, family-owned businesses, and trust beneficiaries on matters related to succession planning for business owners, probate and trust administration, complex giving, charitable giving, international estate planning, powers of attorney, and wills. Akane also works on intellectual property and labor and employment matters.

In addition to her estate planning practice, Akane also assists Japanese business clients with a variety of real estate matters including acquisitions, lease reviews, and corporate maintenance.

Akane is co-founder of the Seattle branch of the Society of Trust and Estate Practitioners and is a fellow and chair-elect for the American College of Trust and Estate Counsel. She received her B.A., with honors, from Lewis & Clark College; her J.D., with honors, from the University of Washington School of Law; and her LL.M. from New York University School of Law.

Barnes & Thornburg has added Eric S. Fisher as a partner in the Litigation Department in Atlanta. Fisher is the latest example of growth in the firm’s Atlanta office, and is the fifth legal professional to join since the beginning of the year.

Fisher, an active member of the bar in both Georgia and California, represents clients in disputes involving contracts, business partnerships, and insurance and employment matters. He also handles cases involving fiduciary duties, breaches of contract, business torts, real estate agreements, and creditor disputes. He has experience in state, federal and appellate courts, and helps clients navigate alternative dispute resolution proceedings and commercial arbitrations. Fisher counsels clients that span a wide breadth of industries such as the financial services, entertainment, medical, higher education, and transportation sectors.

His arrival follows that of four corporate tax and credit attorneys and Misty Holcomb as Director of State Government Affairs.

Fisher’s accomplishments for his clients and his work within the community have been recognized by various organizations. In 2017, he was featured in the On the Rise section of the Daily Report’s 2017 Professional Excellence Awards. He has also been awarded the Good Apple Award for Outstanding Volunteerism that Promotes Justice by the Georgia Appleseed Center for Law and Justice, and the Daniel R. Ginsberg Leadership Award by the Anti-Defamation League.

In addition, he has been highlighted by Georgia Trend on its Legal Elite list in 2012-2013, 2015-2016, and 2018-2019 and also listed in Georgia Super Lawyers 2020 and on its Rising Stars list from 2011-2019.

Fisher is a member of the Anti-Defamation League’s Southeast Region board of trustees and on its executive committee and is the board treasurer if Georgia Appleseed Center for Law and Justice. He also is an Associate Fellow of the Litigation Counsel of America and a Fellow of the American Bar Foundation.

Fisher earned his J.D. from the University of California at Los Angeles School of Law and his B.A., magna cum laude, from Duke University.

“Oncopeptides AB (Nasdaq Stockholm: ONCO) announced … that Karolina Vilval has been appointed as General Counsel of Oncopeptides. Karolina has 15 years of experience from different positions at Swedish Orphan Biovitrum. Prior to joining Oncopeptides, she served as Associate Legal Director at Gilead Sciences Sweden AB for business area Oncology, HIV and Inflammation. She will be a member Oncopeptides’ Management Team,” reports Jakob Lindberg and Rein Piir in Cision PR Newswire’s News.

Read the article.

“There has been a veritable explosion of antitrust litigation in the workplace law field, putting employers and their executives at risk. Federal and state antitrust agencies and private plaintiffs have accelerated their attacks on employers who agree to coordinate wage levels (wage-fixing) or not solicit each other’s employees (no-poach),” writes Dennis Cuneo in Fisher Phillips’ Resources.

“Four years ago, the Department of Justice threatened criminal prosecution of companies and individuals who engaged in such activities. A few weeks ago, the nation’s top antitrust law enforcement official reiterated that threat, announcing that he plans to bring a criminal prosecution this year challenging a no-poach agreement. Attorneys General in several states have stepped up their challenges to no-poach agreements, particularly in franchise settings. Private plaintiffs have obtained huge settlements in class action lawsuits challenging no-poach agreements and exchanges of compensation data among employers.”

“The antitrust prohibitions against price fixing or market allocation in product markets are well understood. What is not as well understood is that the antitrust laws apply equally to labor markets. Just as a price fixing agreement between two companies to fix the price of widgets may lead to antitrust sanctions, a wage-fixing or no-poach agreement between two companies that compete for the same labor may also lead to antitrust sanctions.”

Read the article.

“Brittny Lewton, a district attorney who represents seven counties on Colorado’s Eastern Plains, was indicted Thursday by a grand jury on drug and official misconduct charges,” reports Sam Tabachnik in the Denver Post’s Crime & Courts.

“On Friday morning, Lewton turned herself in to the Logan County Jail, said Stan Garnett, the former Boulder County district attorney who is serving as Lewton’s lawyer.”

“The indictment and the arrest affidavit remain suppressed.”

“Lewton, the 40-year-old lead prosecutor for the state’s 13th Judicial District, faces three counts involving controlled substances, including possession and conspiracy, and one count of official misconduct, according to Logan County District Court records. A judge gave her a $10,000 personal recognizance bond.”

Read the article.

“Earlier this week, Americans received a rather stark warning from federal health officials about the inevitable spread of coronavirus in the U.S. ‘[T]his could be bad,’ Dr. Nancy Messonnier, director of the National Center for Immunization and Respiratory Diseases, said during a press briefing. ‘It’s not so much of a question of if this will happen anymore but rather more of a question of exactly when this will happen,'” reports Staci Zaretsky in Above The Law’s Biglaw.

Biglaw firms across the country are taking the news seriously, echoing the actions of their colleagues abroad and imposing travel restrictions and canceling events.

Read the article.

Perkins Coie is pleased to announce that Ray Hartman has joined the firm’s Environment, Energy and Resources (EER) practice as a partner in the San Diego office. Hartman is an experienced environmental litigator and has represented clients in complex cases involving such issues as groundwater contamination, toxic exposure and real estate disputes.

Hartman focuses his practice on environmental litigation, as well as real estate and commercial litigation. His successes include securing a reversal of a $100 million judgment against a major pipeline company and a favorable settlement in environmental litigation alleging $400 million in damages related to a sports stadium.

Hartman also currently serves as an adjunct professor at the University of San Diego School of Law, where he teaches a class entitled Experiential Advocacy Practicum: Litigation. He is an active member of the local community, including through pro bono counsel and in serving local charitable organizations.

He joins Perkins Coie from Cooley LLP. Ray earned his B.A., cum laude, in political science from the University of San Diego; an M.A. in political science, law and public policy from the University of Southern California; and his J.D. from University of California Hastings College of the Law.

Fitch, Even, Tabin & Flannery LLP will present a free webinar, “Linking an Invention to the Evidence: Strategic Considerations from Prosecution to Litigation,” featuring Fitch Even attorneys Mark A. Borsos and Evan Kline-Wedeen.

The webinar will take place on Thursday, April 23, 2020, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12 noon EDT.

Evidence that others value an invention can be used by a patent owner for many purposes, including demonstrating that the invention was not obvious, or that infringement has damaged and will continue to damage the patent owner. Yet that evidence may be of little value without the ability to tie it to the specific inventions set forth in the claims of a patent. When there are numerous reasons that customers might purchase or desire a product sold by a patent owner or infringer, establishing a nexus between the claims of the patent and real-world evidence becomes complicated.

During this webinar, our presenters will discuss the following:
• Establishing a nexus between evidence of commercial success of real-world products and the patented invention
• Demonstrating a connection between patented features and lost profits
• Proving there is a causal nexus between irreparable harm and the patented invention that justifies an injunction
• Drafting claims with forethought to future evidentiary requirements

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.

Your One-Way Ticket to Ultimate Slack Data Control

Slack is one of today’s toughest enterprise ediscovery challenges. To help you along the way, we’ve compiled the Slack eDiscovery Essentials Collection—46 pages of practical tips in one place.

Organizations need the ability to apply legal holds and perform targeted collections, even for difficult-to-manage Slack data.

Download the resource for tips on:

Chapter 1: Defensible Collection Workflow
Chapter 2: How to Narrow the Scope
Chapter 3: Unstructured Data in Slack
Chapter 4: Creating Your Team’s Playbook
Chapter 5: Avoiding Preservation-Governance Tug’o’War
Chapter 6: Mastering Slack with Infogov in 3 Steps

Not on Slack? Working with multiple collaboration apps?

Check out the Enterprise Collaboration Essentials Practical Guide.

Between the sheer number of collaboration apps available these days, the dissimilarity of their data, and the fact that they are not designed for ediscovery and compliance, many organizations are not yet adequately dealing with this emerging phenomenon.

Foley & Lardner announced that the firm has expanded its national intellectual property capabilities with the addition of four attorneys to its Intellectual Property Department and Electronics Practice Group. Eric Sophir and Gary Solomon join as partners, while Matthew Horton and Kamyar Maserrat join as senior counsel and associate, respectively. All will be based in Foley’s Washington, D.C. office, except for Solomon, who is based in Dallas.

The team comes over from Dentons, where Sophir and Solomon were partners. Sophir also served as co-practice leader of the firm’s IP group.

Sophir counsels clients on protecting innovations, gaining market share, resolving patent disputes and monetizing patents. His practice includes various aspects of patent law, including patent preparation and prosecution, infringement and validity analysis in patent litigation, licensing and selling, due diligence, clearance and landscape analysis, and post-grant proceedings. Sophir’s practice has a particular emphasis on strategic portfolio development, including invention harvesting and patent filing strategies. His clients range from startups to Fortune 50 companies.

A major component of Sophir’s practice is counseling on patent issues and not just patent preparation and prosecution. He advises clients on the risks and value associated with acquiring, licensing or otherwise commercializing a patent portfolio. Such advice includes clearance and freedom-to-operate analysis, clearance and landscape analysis, and patentability analysis. He also provides advice on prosecution strategies to better protect a product or more effectively deter competitors and has litigated a wide range of complex disputes involving patents in federal court, arbitration and re-examination proceedings. He has also conducted analyses and prepared opinions regarding patent infringement, invalidity and enforceability, and has counseled clients asserting patents and defending allegations involving competitors and non-practicing entities.

Solomon’s practice focuses on patent preparation, prosecution, and the monetization and protection of intellectual property assets. He has years of experience creating large and strategic patent portfolios for his clients, as well as conducting IP due diligence and evaluating the quality of IP assets. Solomon also has extensive experience preparing patent legal opinions, including those related to novelty, non-infringement, invalidity and unenforceability, and has participated in a number of IP transactions, including acquisition, funding and company sales.

Solomon brings more than three decades of experience working with startup companies in both technical and legal capacities, including 10 years as a practicing engineer and more than 20 years as a patent attorney. He holds a master’s degree in electrical engineering and has significant expertise in the areas of communications systems, telecommunications automatic control systems, power systems, robotics, antennas, microelectronics and industrial equipment, medical devices, fashion and beauty, and many more.

Horton, who is fluent in software code and complex mathematics, brings a combination of legal and technical knowledge to his work on high technology, patent law and intellectual property protections. His practice focuses on cybersecurity platforms and processes, mobile devices and applications, cloud computing systems, and computer hardware and semiconductor technologies. Horton has successfully drafted and prosecuted a variety of high technology patents, and regularly counsels clients on developing strategic intellectual property portfolios.

A former patent attorney with IBM, Maserrat brings in-depth experience to his preparation and prosecution of U.S. patent applications involving software and other electronics. His invention experience spans a wide range of technologies, including cloud computing, natural language processing, data analytics and migration, advertising, e-commerce, and other software and business method innovations.

Dykema, a leading national law firm, today announced the addition of Michael S. Gzybowski to its Intellectual Property Department as a Senior Counsel in the firm’s Ann Arbor office. Gzybowski joins Dykema from Brinks Gilson & Lione.

A former patent examiner for the United States Patent & Trademark Office with more than 30 years of private practice experience, Gzybowski’s practice focuses on preparing and filing patent applications and obtaining patents on behalf of clients in the U.S. and abroad. He has successfully prosecuted more than 1,000 patent applications in his career across a wide range of technical fields. Gzybowski also provides counsel on patent litigation, patentability, infringement, right to use, validity issues, and licensing and intellectual property agreements.

Utilizing an engineering degree and years of experience, Gzybowski represents inventors and research and development personnel on patent matters related to their inventions.

Gzybowski earned a J.D. from the George Mason University Antonin Scalia School of Law and a B.S. in Chemical Engineering from Purdue University.

Sidley Austin LLP is pleased to announce that Brian P. Kavanaugh has joined the firm in Chicago as a partner in its global Litigation group. He joins from Kirkland & Ellis LLP, where he was a litigation partner and one of the leaders of its Data Security & Privacy practice. Kavanaugh will split his time between the firm’s Chicago and Dallas offices.
Kavanaugh has built a robust practice focused on healthcare, insurance and data privacy. He has defended clients in matters ranging from multidistrict litigation and class action suits to complex commercial disputes and arbitrations. A litigator for over two decades, Kavanaugh has represented major companies in a variety of industries, including life sciences, insurance, automotive, energy and cybersecurity.

Kavanaugh previously served as a member of Law360’s Privacy & Consumer Protection Editorial Advisory Board and was recognized as an “Illinois Rising Star” in Class Actions by Super Lawyers. He practices in both Illinois and Texas.

Perkins Coie is pleased to announce that Zubin Khambatta has joined the firm’s Healthcare industry group as a partner in the Austin office. Zubin is the latest addition to the newly opened Austin office, highlighting Perkins Coie’s continued growth and expansion in Texas.

Zubin joins a team of three other new partners who have already joined the Austin office since its opening in the past month. He will also help strengthen the health care-related focus of the firm’s Technology Transactions & Privacy practice in the Dallas office and partner with the Dallas-based healthcare innovations and privacy practice.

Zubin represents clients in reimbursement related matters that involve counseling and advisory services, litigation, representation before state regulatory bodies, OIG or other government investigations, and structuring complex contractual arrangements with governmental and commercial payors. This focus includes guiding providers in regulatory compliance and payment matters involving government sponsored supplemental payment programs that enable the provision of services to Medicaid and uninsured populations. He counsels healthcare organizations in transactional and compliance matters involving Medicaid and Medicare regulations, the Medicaid Disproportionate Share Hospital program, section 1115 Waiver programs, Medicaid managed care, healthcare fraud and abuse laws, the Emergency Medical Treatment and Active Labor Act, and state laws governing public healthcare providers and nonprofit healthcare organizations. He also represents healthcare clients in mergers, acquisitions and other transactional matters, including physician group, hospital and behavioral health provider acquisitions, and various forms of co-ownership or co-management of healthcare organizations. Zubin represents multi-state hospital organizations, children’s hospitals, public hospitals, academic medical centers, hospital districts, and physician groups in these areas.

Zubin received his J.D. from the University of Chicago Law School, his M.S. from the University of Edinburgh, with Distinction, and his B.A. from the University of Pennsylvania magna cum laude.

“A certificate of insurance is a document, normally issued by an insurance broker, that supposedly verifies the existence and terms of an insurance policy,” write Gene Killian in The Killina Firm’s Fraud.

He discusses how “It’s common in the construction industry, where contractors and subcontractors are generally required to carry certain types of coverage, but really, the insurance card in your car is also a kind of certificate of insurance. The certificate of insurance is one of the most important documents that you can review in connection with your business contract, because if something goes wrong, you may need to tap that coverage.”

“The problem is, when it comes to enforcing the terms of the coverage reflected on the certificate of insurance, the certificate of insurance is essentially worthless. It’s just a written statement by an insurance broker, not an actual policy.  While it might get the broker or policyholder into trouble for negligence or misrepresentation if it’s not valid, it creates no rights against the insurance company.”

Read the article.

“During Supreme Court oral arguments earlier this week, a Biglaw partner dropped a ‘damn’ to colorfully illustrate his point,” reports Kathryn Rubino in Above the Law’s Courts.

“It happened during the arguments in Opati v. Republic of Sudan. Sudan’s lawyer, White & Case’s Christopher Curran, was in an exchange with Justice Stephen Breyer when he argued SCOTUS had previously held the retroactive assessment of punitive damages was unfair and a ‘draconian step.’ That’s when the juiciness happened:”

“So before we attribute that intention to Congress, we’re going to ask Congress to say it pretty damn clearly.”

“Chief Justice William Rehnquist let it fly in arguments in Donnolley v. Dechristoforo (1974). In fact, according to Law.com, ‘damn’ has been said a handful of times during oral arguments from 1950-2015. However, the majority of the times it was used it was in quoting the record of the case. But at least one other advocate used ‘damn’ for emphasis:”

Read the article.

“An East Providence lawyer who specializes in asbestos litigation is suing the Town of Barrington over his arrest on assault and disorderly conduct charges that were later dismissed,” reports Katie Mulvaney in the Providence Journal.

“John Deaton is accusing his hometown, specific police officers, a lieutenant and retired Police Chief John LaCross of violating his rights, conspiracy, false imprisonment, invading his privacy, and malicious prosecution over his Sept. 24, 2017, arrest following a confrontation at a Pop Warner football game.”

“LaCross and Lt. Timothy Harrington face allegations of failure to supervise, while Officer David Wyrostek stands accused of assault and battery.”

“Deaton alleges that as a result of his ‘unlawful’ arrest he lost more than $3 million in business, incurred legal fees, and suffered irreparable harm to his reputation.”

Read the article.

“Johnson & Johnson and other drug companies facing thousands of lawsuits over their role in the opioid epidemic have warned that settlement talks will be “severely” jeopardized if plaintiffs’ lawyers are allowed to assess a fee payment worth billions of dollars,” reports Tom Hals and Nate Raymond in Reuters Business News.

“Major distributors such as McKesson Corp and drugmakers including Teva Pharmaceutical Industries Ltd joined in the request that U.S. District Judge Dan Polster in Cleveland, Ohio, reject a request by a committee of plaintiffs’ lawyers for a 7% fee assessed against any settlements. They filed their brief late Wednesday.”

“The request could amount to $3.3 billion, based on a $48 billion settlement proposal that five companies have been negotiating with various state attorneys general.”

“The drug companies noted that the attorneys would receive more money from the settlement than even some of the states they represent. Dozens of state attorneys general also opposed the request for the fee to the plaintiffs executive committee that is litigating thousands of lawsuits by towns, counties and tribal governments.”

Read the article.

“Bristol, Connecticut-based Barnes Group is promoting James Pelletier to become senior vice president, general counsel and secretary, effective April 1,” reports Ben Maiden in Corporate Secretary’s Appointments.

“In his new role, Pelletier will be the chief legal adviser to the company’s senior leadership team, chair and board of directors. He will also oversee and supervise all legal matters affecting the company, including general corporate matters, M&A, corporate governance and SEC compliance.”

“Pelletier joined Barnes Group in 2015 and is at present deputy general counsel for Barnes Group and segment general counsel for Barnes Aerospace. Before working at the company, he held a variety of positions at Pratt & Whitney and GE Aviation. Earlier in his career he worked in the office of the general counsel at the US Department of Commerce as an attorney adviser within the Bureau of Industry and Security, having previously been an associate with law firm Orrick Herrington & Sutcliffe.”

Read the article.