No. 1 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations

“Let’s assume the mediator sticks his head into your room with a grin at 8pm after an exhaustive day when your client is still upset he made the 8th counteroffer and the Mediator says: “Great news! Counter-offer accepted! We have a deal!” Wonderful, right? Even though your client was pushed way past what he came ready to do that day, you have a deal. So what mistakes are made when it comes to confirming the long sought, hard fought deal?” asks David K. Taylor in Buildsmart Mediation.

“This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in previous posts, it takes more than throwing together a mediation statement at the last second and showing up at the mediation. Doing it right requires the same kind of due diligence and work that goes into preparing for a key deposition or even trial. Great “mediation” lawyering is essential and is the best way to get to an acceptable deal.”

Read the Top 10 mistakes made in mediations.

 




DOJ Division Leader Apologizes for License Lapse and Inadvertent Practice

“Have you recently made a career move — maybe going in-house?  Or shifting from a firm to government work?  When you’re dealing with a work-life change, watch out for details that can too-easily fall through the cracks — like your license to practice, the date it expires, and whether you are in line to get an expiration notice.” reports Karen Rubin in The Law for Lawyers Today In-House Counsel.

“Illustrating the possible pitfalls:  a high-level Justice Department  lawyer was in the spotlight this week because he practiced for two months while unaware that his license had lapsed.  He issued apology letters, including to the Ninth Circuit, where he had presented an oral argument while unlicensed.”

“The lawyer heads the DOJ’s Environment and Natural Resources Division.  He has been a member of the D.C. bar since 1997, and worked at Kirkland & Ellis before joining the DOJ in 2018.  His license was deactivated October 1 for not paying his annual bar dues.”

Read the article.

 




Biglaw Firm Pivots Direction And Loses Partners In The Process

Irell & Manella “announced to all attorneys that the firm was pursuing an ‘alternative business model.’ According to the email sent by partner Jonathan Kagan, they are ‘focus[ing] on areas where we have a clearly demonstrated record of success and excellence when compared to other firms.’” reports Kathryn Runbino in Above the Law’s BigLaw.

An email was sent to explain what this means. “We therefore plan to focus our future growth and investments in our litigation practice areas, particularly IP and complex business litigation. Although we will continue to have lawyers in other practice areas at the Firm (particularly in certain transactional areas), we do not anticipate making significant investments in non-core practice areas in the near future.”

“As you might imagine, not everyone — particularly those in “non-core” areas — is excited about the change. And Kagan’s email reflects this, as he points to several partners … have departed or are on their way out. And, as the new reality sets in, more exits are anticipated.”

Read the article.

 




Androvett Legal Media & Marketing Hires April Arias as Public Relations Manager

Androvett Legal Media & Marketing, a full-service marketing and public relations agency based in Texas, is pleased to announce the addition of April Arias as public relations manager. 

Arias, who will be part of Androvett’s Houston office, joins the company with more than six years of media and public relations experience, along with nearly 18 years as an award-winning broadcast journalist. 

“Androvett has long been a respected leader in the industry, so to join this incredible team is an honor,” said Arias. “I am excited to take on this new challenge and look forward to using what I know to help serve Androvett’s many amazing clients.” 

In her previous work for Dallas’s The Power Group and her own consulting firm, Arias Communications, Arias handled public relations, media relations and social media for clients in the energy, commercial real estate, food and beverage, lifestyle and technology sectors.  

Before entering media and public relations, Arias was an award-winning television journalist. Her work as producer and executive producer for KPRC-TV in Houston earned multiple industry awards, including three Lone Star Emmys and honors from the Houston Press Club and Texas Associated Press Broadcasters. 

A native Houstonian, Arias has a bachelor’s degree in journalism from Texas A&M University in College Station. She currently serves as immediate past president of the Houston Association of Hispanic Media Professionals.  

“As we continue to build and grow our company, it is important to build it with people who have the knowledge and expertise that can benefit our clients,” said Mike Androvett, president and CEO of Androvett Legal Media & Marketing. “We are so excited to welcome April to our team. With her background as a former broadcast journalist and her breadth of experience in media and public relations, we believe she will be an incredible asset to our Houston team.” 

Learn more about Arias. 

Androvett Legal Media & Marketing is an award-winning, full-service marketing and public relations agency with unparalleled experience serving the communications needs of businesses and organizations across the U.S. Entering its 25th year, Androvett has offices in Dallas and Houston. For a complete listing of agency services, visit www.androvett.com. 




Orsinger, Nelson, Downing & Anderson Attorneys Among Lawdragon’s 500 Leading Family Lawyers

The boutique Family Law firm Orsinger, Nelson, Downing & Anderson is pleased to announce that 10 attorneys have been selected for inclusion in the 2020 Lawdragon guide: 500 Leading Family Lawyers in America.

ONDA partners Richard OrsingerKeith NelsonScott DowningJeff AndersonWill Reppeto IIIBrad LaMorgeseAmber AlwaisPaula BennettLon Loveless and Holly Rampy Baird are among the attorneys featured in this year’s listing, which contains the best Family Law attorneys for divorce, separation, asset division and custody issues.

“Our firm works hard to develop the best solutions for our clients and give them the outcome they deserve when Family Law matters are concerned,” said partner Brad LaMorgese. “We are grateful that our commitment to clients is also recognized by our peers in the legal industry.”

The guide is compiled by Lawdragon’s editorial team after reviewing submissions, conducting independent research and vetting nominees through a board of peers. The Family 500 Lawyers is the first guide of its kind and includes representation from every state.

The Lawdragon honor is only the latest national recognition for the firm, which was recently included in the prestigious US News – Best Lawyers Best Law Firms list with a Tier 1 ranking, as well as the Best Lawyers in America legal guide.

Orsinger, Nelson, Downing & Anderson, LLP, is a nationally recognized firm with more Top 100 Super Lawyers in Texas than any other law firm in the state. With offices in Dallas, Frisco, Fort Worth and San Antonio, Orsinger, Nelson, Downing & Anderson, LLP, is one of Texas’ largest Family Law firms. Each partner is Board Certified in Family Law by the Texas Board of Legal Specialization, as well as a member of the Texas Academy of Family Law Specialists. To learn more about Orsinger, Nelson, Downing & Anderson, visit http://www.ondafamilylaw.com.




Austin-based Beverage Maker Files Federal Trademark Infringement Claim Against Molson Coors

Maker of hard seltzer Brizzy charges market confusion with planned launch of Vizzy

Future Proof Brands LLC, the small entrepreneurial beverage company that introduced its Brizzy® premium hard seltzer in 2019, has filed litigation in an Austin federal court, charging that Molson Coors (NYSE: TAP) is infringing on Brizzy’s federally registered trademark and creating market confusion through the industry giant’s planned launch of a competing product, Vizzy, later this year.

In the lawsuit, filed February 6, Future Proof claims that Molson Coors, through its MillerCoors subsidiary, is moving forward with the Vizzy introduction despite the company being fully aware of Brizzy, its trademark and the ongoing distribution of Brizzy products.

“The goodwill associated with the Brizzy mark is a valuable asset to Future Proof, and Future Proof has expended great effort and considerable resources in promoting its products using the BRIZZY mark,” the lawsuit states.

Future Proof launched the four-flavor Brizzy line in 2019 and the brand is currently sold at more than 1,000 retail locations in Texas, Kansas, Virginia, California and North Carolina. Future Proof has sold more than 10,000 cases since September, and projects Brizzy sales to exceed $2.5 million in 2020, with plans to continue expanding distribution.

“The positive market reaction to Brizzy has exceeded our expectations,” says Future Proof CEO Justin Fenchel. “Unfortunately, several wholesalers and retailers are already expressing concerns about likely consumer confusion with Vizzy. The names are nearly identical, they sound alike, the product is similar, the packaging is similar, and we are often distributed by the same wholesalers.”

Future Proof also makes the BeatBox line of alcoholic party punches, which gained national recognition in 2014 when the company gained a $1 million investment from Mark Cuban on ABC’s Shark Tank program. Last year the company was named to Inc. Magazine’s annual list of the 5,000 fastest-growing private companies in the nation. BeatBox’s distribution footprint now covers 22 states, and more than 10,000 retailers.

“We believe that Brizzy is poised to generate similar if not greater success,” said Fenchel. “But a multinational brewing conglomerate doesn’t have the right to bigfoot a smaller competitor and blatantly violate our trademark and jeopardize everything we’ve built.”

During the last decade, the hard seltzer market has grown to account for nearly half of all U.S. mixed drinks sales.

Future Proof is represented in the case by Christopher J. Schwegmann and Kent Krabill of Lynn Pinker Cox & Hurst LLP in Dallas.

The case is Future Proof Brands LLC v. Molson Coors Beverage Company f/k/a Molson Coors Brewing Company and MillerCoors LLC., NO. 1:20-cv-144 in the United States District Court for the Western District of Texas.




Alston & Bird Adds Senior Trial Attorney Jason Levine as Partner in Washington, D.C.

Alston & Bird has expanded its antitrust and commercial litigation capabilities with the addition of senior trial attorney Jason Levine as a partner in the firm’s Washington, D.C. office. Levine arrives from Vinson & Elkins LLP, where he was a partner for eight years.

A versatile first-chair trial and courtroom lawyer for 24 years, Levine has spent his career litigating high-stakes business cases and defending against bet-the-company antitrust class actions. He has tried 14 jury, bench, and arbitral trials across the country and served as lead counsel in a wide array of commercial disputes encompassing all manner of contract and business tort claims. Complementing his trial practice, Levine has also briefed more than two dozen cases on appeal, including in the U.S. Supreme Court.

Levine has represented companies as both plaintiffs and defendants in commercial disputes, including cases seeking money damages from the federal government. He has also served as lead defense counsel to major global companies in several of the country’s largest antitrust class actions and multidistrict proceedings involving claims of price-fixing in the technology industry. Additionally, he often advises and represents clients in exigent matters involving injunctive relief.

Among his recent victories, Levine was lead trial counsel to a global shipbuilder in winning the award of a $1.5 billion subcontract for naval warships in a two-part international arbitration trial against the prime contractor, a large multinational defense firm; he served as lead counsel to more than 225 dialysis clinics in litigation against the U.S. Department of Veterans Affairs for years of underpayment for dialysis services provided to veterans and secured a close-to-trial settlement of $538 million; and he tried to a jury a $100 million breach of contract case filed against a Fortune 500 client by a former business partner, winning a full defense verdict on the plaintiffs’ claim and a summary judgment award of $14 million for his client on its own affirmative claim.

A frequent commentator on litigation risks in the high-tech industry, Levine is also active in legal and professional circles. He is a member of the Liability Reform Litigation Advisory Committee of the U.S. Chamber Litigation Center and serves on the Executive Committee of the Litigation Practice Group of the Federalist Society for Law and Public Policy Studies. A former adjunct professor of constitutional law at Georgetown University Law Center, he also clerked for the Hon. Randall R. Rader, a judge on the U.S. Court of Appeals for the Federal Circuit.

Levine is the most recent addition to Alston & Bird’s Washington, D.C. office. He follows Kathleen Benway, who joined in December from Wilkinson Barker Knauer as government investigations partner; Richard Slowinski, who joined from Baker McKenzie as tax partner in October; and Jane Lucas, who joined in September from the White House as public policy and health care counsel.




Alston & Bird Adds Tax Partner Shawna Tunnell in Washington, D.C.

Alston & Bird has expanded its federal and international tax capabilities with the addition of Shawna Tunnell as tax partner in the firm’s Washington, D.C. office. Tunnell joins from Hogan Lovells, where she was a partner and practiced for more than 20 years.

At the heart of her practice, Tunnell advises both private and publicly traded REITs on a broad range of tax planning and transactional issues – from taxable and nontaxable acquisitions and dispositions to public offerings of equity and debt securities. She also advises clients in forming, operating, and investing in joint ventures, partnerships, and limited liability companies, including private equity and real estate investment funds.

In addition to real estate, Tunnell’s clients span the media and entertainment, technology and telecom, and energy sectors. She also assists nonprofits with exemption, reporting, and investment matters.

Her client work includes serving as tax counsel to a leading private equity real estate firm in forming several $500 million-plus investment funds and advising a publicly traded REIT on a $3 billion combination and spin-off transaction.

Tunnell is a frequent writer and speaker on trends and issues affecting the taxation of REITs, including the impact of the 2017 Tax Cuts and Jobs Act. A member of the National Association of Real Estate Investment Trusts, she is also a member of the board of advisors to the University of Kansas College of Liberal Arts & Sciences.

Tunnell is the most recent partner addition to Alston & Bird’s tax practice, which was named “Law Firm of the Year” in 2020 by U.S. News-Best Lawyers® “Best Law Firms.” She follows Richard Slowinski, who joined from Baker McKenzie as tax partner in October.




Diversity in Action: Majority Women-Owned Trial Firm Wins Big

Breaking News: Reichman Jorgensen Scores $236 Million patent verdict for Densify against VMware.

Reichman Jorgensen“When you assemble a diverse group of the most talented lawyers in the country you can achieve great things.” – Courtland Reichman, Managing Partner

Read AMLaw’s coverage of the verdict.




Denise Mayfield Joins Dykema’s IP Practice Group in Austin Office

Dykema, a leading national law firm, today announced the addition of Denise L. Mayfield to its Intellectual Property Practice Group as a Member in the firm’s Austin office. Mayfield joins Dykema from Husch Blackwell LLP’s Austin office.

For more than 25 years, Mayfield has utilized her advance degree in genetics and background in pulmonary medicine, reproductive medicine, and genetics in her patent prosecution and litigation practice. She assists domestic and international clients in identifying, protecting, licensing and litigating bet-the-company technologies.

In her practice, Mayfield works closely with internal corporate and university technology transfer professionals in patent portfolio development and prosecution, product commercialization strategies, technology transfer and regulatory compliance resolution. She represents companies directly in negotiating technology licenses, cooperative research agreements, joint venture agreements, international distribution and marketing programs, patent litigation matters and university pooling arrangements.

Mayfield has experience handling a wide range of patent matters, including genetic testing, disease detection and screening tools, veterinary medicine, vaccines, orthopedic devices, dental devices, chemical purification, extraction techniques, plant products, and cannabis products and production materials.

Mayfield, who is also admitted to practice in Washington, D.C., and Colorado, earned a J.D. from St. Mary’s University School of Law, an M.S. in Genetics and Physiology from the University of Texas at San Antonio, and a B.A. in Biology from Trinity University. Denise is also a registered patent attorney.




Scott Meyers Assumes Role as Akerman Chairman and CEO

Akerman LLP, a top 100 U.S. law firm serving clients across the Americas, is pleased to announce that Scott Meyers has assumed his role as the firm’s chairman and CEO. Meyers begins a three-year term, succeeding Andrew Smulian.

Meyers will further advance the firm’s strategic, client-driven roadmap, and address challenges affecting the firm’s many communities. Prior to stepping into his role as chairman and CEO, Meyers served as firm managing partner, helping execute firm strategy, which included the launch of Akerman’s 24th and 25th offices in Atlanta and Winston-Salem, North Carolina, and its office expansions in Chicago, New York, and Washington, D.C.

Meyers joined Akerman in 2014 as founding office managing partner in Chicago, where he led the office’s rapid growth from eight to 55 lawyers in four years. His leadership helped strengthen the firm’s deep bench across all client-driven practice groups and sectors.




Technicolor Brings a Glow to Its Contract Management Process with ContractPodAi’s Artificial Intelligence-Powered Solution

ContractPodAi®, the award-winning provider of AI-powered contract lifecycle management software, today announced that Technicolor, a worldwide technology leader in the media and entertainment sector, has rolled out ContractPodAi across the entire company to support its document management. ContractPodAi provides a smart contract repository with an intuitive user interface that supports worldwide rollouts of the technology, across regions, time zones and divisions.

ContractPodAi develops one of the world’s most robust contract lifecycle management (CLM) technologies, providing services to get corporate legal counsels up and operational faster and easier than ever before. A big part of whether a CLM technology is successful within a company is based on whether it is adopted. In that regard, ContractPodAi has focused its energy and effort into developing a graphically intuitive and attractive user interface that professionals enjoy using.

Another piece of the puzzle is to help the organization with their adoption of the technology. That means providing assets like an internal portal where users can find answers, see the latest helpful blog posts, find related information and find other users who can help answer their questions. In this regard, Technicolor, the leader in delivering advanced video systems to content creators, has taken the lead in driving adoption of their system internally.

“From a legal operations perspective, Technicolor’s success is aided by the scale created from digital innovation,” said Hunter Simon, VP Business Affairs and General Counsel, Technicolor Production Services. “To do this effectively, we operate with speed and attention to detail that matches the needs of our internal and external clients. After evaluating different options, we felt that ContractPodAi’s solution would allow us to meticulously manage thousands of contracts at the pace we needed. Then it came down to driving adoption of the technology, within the company, to make it a success.”

ContractPodAi offers customers intelligent AI functionality, built on the trusted IBM Watson platform, right out-of-the box. Customers gain access to a smart contract repository, replacing the time-consuming manual efforts and helping to manage versions across locations. Additionally, ContractPodAi helps customers track key metrics regarding contract data and search metadata including phrases or clauses.

ContractPodAi also recently partnered with Workshare, the market leader in document comparison solutions, to implement and manage version and document control comparison capabilities. Technicolor is the first customer to leverage ContractPodAi’s WorkShare integration.

“From bringing Dorothy’s ruby red slippers to the big screen to turning Simba into a photorealistic, talking lion, Technicolor has deep roots in innovation, and the company carries that tradition across its business,” said Sarvarth Misra, co-founder and CEO, ContractPodAi. “We deeply value innovation at ContractPodAi so we’re thrilled to help Technicolor take its contract management processes to the next level. We’re pleased to help with their technical needs on the contract side, while also driving internal adoption of the solution with their own stakeholders.”




5 Emerging Challenges for Law Firm Leaders in 2020

“Before the calendar slips too far into the new year, I want to share five important emerging trends or steps for law firm leaders to consider in 2020, each of which will have significant short and long-term implications for your firm.  This little list is not about the macro level industry trends based on historical data with which we all generally agree.  Rather, these are quickly developing micro-trends that are not on many radar screens yet…but need to be,” provides Michael Short in LawVision’s INSIGHTS.

“For your changes to have an impact this year, you need to get your initiatives moving in Q1 and fully implemented before the end of Q2.”

Read the article.

 




Former Biglaw Partner is Suspended After Writing Himself Checks from Firm, Claiming Gambling Addiction

“A former partner at Wilson Elser Moskowitz Edelman & Dicker has been suspended after an ethics panel concluded that he wrote himself checks from the law firm’s operating account and then lied about a gambling addiction,” reports the ABA Journal.

“Las Vegas lawyer Kym Cushing was suspended for nine months in a Jan. 31 opinion by the Nevada Supreme Court.”

“According to findings of fact in the case, Cushing wrote three checks from his law firm’s operating account and deposited them into his personal bank account. When the law firm confronted him about the checks, Cushing lied and said he was reimbursing himself for payments made to an expert witness.”

Read the ABA Journal article.




Sedgwick Declares Bankruptcy in Filing that Traces the Law Firm’s Downfall

Sedgwick, the dissolved law firm, filed for bankruptcy Tuesday in federal bankruptcy court in San Francisco, reports the ABA Journal.

“The firm generally estimates its liabilities at up to $50 million and says in a declaration that there are about $32.6 million in claims from the termination of office leases as well as about $9.2 million owed in accounts payable. The firm had assets of about $1.56 million in cash and recoverable accounts receivable of about $1.5 million, the declaration says.”

“The firm is analyzing whether it has clawback claims against former partners.”

“Sedgwick had its best year in 2012 with $212 million in gross revenue … According to the bankruptcy declaration, Sedgwick ‘established a well-deserved reputation for high-end insurance work and as one of the pre-eminent product liability firms in the country.’”

Read the ABA Journal article.




Bradley Expands National Healthcare Practice with Addition of Renowned Antitrust Group

Horoschak HaylesBradley Arant Boult Cummings LLP is pleased to announce a major expansion of its national healthcare practice with the addition of antitrust partners Mark J. Horoschak, Brian A. Hayles, and Michael P. Fischer, along with senior attorney Najla Long, to the firm’s Charlotte office.

All four join Bradley from Womble Bond Dickinson, bringing their extensive transactional and litigation experience to Bradley’s Healthcare Practice Group. Led by Mark Horoschak and Brian Hayles, the highly regarded team routinely represents leading health systems across the country in transactional matters, as well as in antitrust investigations and litigation. Their addition deepens the expertise of Bradley’s nationally recognized group of healthcare attorneys and advisors, and also expands the firm’s broad-based antitrust and competition practice.

“We are thrilled to welcome Mark, Brian, Michael, and Najla to Bradley and to our top-flight healthcare practice,” said Jonathan M. Skeeters, Bradley’s Chairman of the Board and Managing Partner. “Their expertise in healthcare antitrust matters is second to none and their addition marks a significant milestone in the growth and expansion of the firm.”

Travis G. Lloyd, chair of the firm’s Healthcare Practice Group, added, “Mark, Brian, Michael, and Najla are highly respected in the healthcare antitrust arena, having been on the front lines of major transactions and high-profile litigation for many years. We know firsthand of their outstanding work, and we are so pleased to welcome them to our healthcare practice.”

The addition of this team reflects the firm’s continued investment in North Carolina which encompasses the addition of 11 lawyers since summer 2018, including a six-lawyer team led by Rob Marcus from the former Smith Moore Leatherwood firm and, most recently, Jon Ferry from the U.S. Attorney’s Office for the Western District of North Carolina.

Bradley Charlotte Office Managing Partner Christopher C. Lam said, “We are very excited that this new group of highly experienced healthcare antitrust attorneys helps us to further diversify the capabilities of our Charlotte office, while also enhancing core strengths of our firm nationally.”

Horoschak represents numerous national and regional health systems in a variety of capacities. He regularly appears before federal and state antitrust enforcement agencies in securing clearance for mergers, joint ventures and other transactions. He also has served as counsel for health systems throughout the country in antitrust litigation involving managed care contracting, medical staff privileges, economic credentialing, physician recruitment practices, nurse salary determinations, and exclusive provider arrangements.

“Joining Bradley is an honor and a great opportunity for my clients to benefit from the firm’s existing talent in diverse practice areas, and I couldn’t be happier about also getting to continue working with colleagues with whom I have collaborated for years,” Horoschak said.

Previously, Horoschak served as Assistant Director of the Bureau of Competition of the Federal Trade Commission (FTC). In that capacity, he was responsible for antitrust enforcement policy governing healthcare systems and served as trial counsel in lawsuits challenging hospital mergers. Prior to that position, he served as an attorney-advisor for the FTC chairman and as chief of staff for the agency during the transition between the Reagan and Bush presidential administrations. He received his J.D. from the College of William and Mary Law School and his Bachelor of Arts (cum laude) from American University.

Hayles is a seasoned antitrust attorney who provides guidance to clients across the country on hospital and physician practice mergers, antitrust litigation and investigations, and managed care contracting practices. He has significant experience practicing before the FTC, the U.S. Department of Justice (DOJ) Antitrust Division, and numerous state attorneys general. In addition, Hayles’ deep commitment to pro bono service includes his practice before the U.S. Department of Veterans Affairs, through which he routinely pursues claims for disability benefits on behalf of military veterans.

“I am thrilled to join Bradley’s healthcare team of attorneys that I have come to know and appreciate as among the most accomplished in the industry,” Mr. Hayles said. “My national practice in antitrust and trade regulation blends well with the firm’s focus areas and key strengths, and I am excited for the opportunities this move will create for my clients.”

Hayles received his J.D. from Wake Forest University School of Law and his Bachelor of Science from North Carolina State University.

Fischer focuses his practice on advising clients in the healthcare sector and has significant experience in provider transactions and managed care contracting. He regularly represents clients before the FTC, the DOJ’s Antitrust Division, and state competition regulators. He also counsels clients on Hart-Scott-Rodino Act issues.

Fischer received his J.D. (with honors) from the University of North Carolina School of Law. He also holds a Master of Arts (with honors) from Wake Forest University and a Bachelor of Arts (with distinction) from the University of North Carolina.

Long counsels healthcare and other clients on a wide variety of antitrust and competition issues. Her experience includes advising public and private companies in M&A issues involving the FTC and DOJ. Her practice also includes litigating competition-related disputes, as well as assisting clients with creating and maintaining effective antitrust compliance programs.

Long received her J.D. from the University of Virginia School of Law and her Bachelor of Arts from Harvard University.

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 over 500 lawyers represent regional, national and international clients in various industries, including financial services, healthcare, life sciences, real estate, construction, technology, energy, insurance, and entertainment, among many others.




2020 Year of Compliance

NAVEX GlobalThe 2020 Year of Compliance is a unique monthly toolkit that focuses on how real companies make decisions around their risk and compliance programs in today’s complex environment.

We are speaking directly to the industry professionals responsible for key elements in their compliance program to better understand their concerns and hear the changes they’ve implemented to deliver a more impactful program.

Each month, we will feature a new company and challenge, as well as provide additional resources to help drive your own success.

Subscribe here.




Houston-Area Lawyer Brought Loaded Gun Into Travis Co. Courthouse

“A Houston-area attorney was arrested Tuesday after deputies accused him of bringing a loaded handgun into the Travis County Courthouse, court documents say.” reports Heather Osbourne of the Statesman.

“Lee Parker McMillian, 67, entered the courthouse at around 3 p.m. Tuesday and placed his bag on the conveyor belt to be screened by the X-ray scanner, according to an arrest affidavit filed by Travis County sheriff’s deputies.”

“A deputy operating the scanner said he saw the loaded handgun in the bag as it passed through the machine, the affidavit said. McMillian confirmed the bag belonged to him, deputies said.”

Read the Statesman’s article.

 




Ransomware Attacks Hit Three Law Firms in Last 24 Hours

“Five U.S. law firms — three in the last 24 hours — have been among the companies and organizations targeted by a new round of ransomware attacks. In two of the cases, a portion of the firms’ stolen data has already been posted online, including client information.” reports Robert J. Ambrogi in LawSites blog.

“Hackers have stolen data from at least five law firms, using the threat of releasing the data to extort payment from the firms, Callow said. In the two cases in which hackers already posted law firm data, they published it on the clear web where it can be viewed by anybody.”

Read the LawSite’s article.




Foley Announces Election of 18 New Partners

Foley & Lardner LLP is pleased to announce that 18 lawyers have been elected to the firm’s partnership, effective February 1, 2020.

“We are proud to announce our new partners, all of whom represent our firm’s core values and our vision for the future,” said Jay Rothman, Foley Chairman & CEO. “Foley is committed to attracting top talent, and I’m especially proud to have 10 women joining the partnership this year. I congratulate all of our new partners on their well-deserved accomplishment and wish them continued success in this next phase of their careers.”

The firm’s new partners include:

Natalie C. Annis, Business Law, Tampa

Annis is a member of the Estates & Trusts Practice. She represents clients in developing, implementing and managing sophisticated estate plans, including developing comprehensive strategies to achieve diverse wealth preservation and succession planning goals, estate and gift tax planning and asset protection. After the death of an individual, Natalie assists personal representatives, trustees and advisers on post-mortem planning and related tax strategies, as well as ongoing estate and trust administration matters.

Chase J. Brill, Intellectual Property, Washington

Brill is a patent attorney in the firm’s Mechanical & Electromechanical Technologies Practice and PTAB Trials Group. He counsels clients on a wide range of intellectual property matters, including patent prosecution, licensing, defense of infringement allegations and due diligence investigations. He also has significant experience with complex U.S. Patent Office proceedings such as inter partes review trials, ex parte reexamination and supplemental examination.

Katherine P. Califa, Intellectual Property, Washington

Califa is a member of the Intellectual Property and Trademark, Copyright & Advertising Practices, as well as the Medical Devices Industry Team. She advises clients on ways to develop, protect, manage and maximize the value of their intellectual property. Califa regularly counsels clients regarding the selection, procurement and enforcement of brands and other intellectual property assets in the United States and abroad. In addition, she represents clients before the Trademark Trial and Appeal Board, works on online and brick-and-mortar brand infringement matters, negotiates favorable settlements for complex disputes and provides intellectual property counseling related to business acquisitions and related due diligence.

Amy A. Ciepluch, Business Law, Milwaukee

Ciepluch is a member of the Employee Benefits & Executive Compensation Practice. She works closely with private and public companies on the design, drafting and ongoing legal compliance of their retirement, health and welfare programs. Ciepluch advises companies on a range of compliance issues, including issues involving correction of plan operation errors, benefit plan claims and appeals, participant election change requests and options for plan design changes.

John T. Dunlap, Business Law, Milwaukee

Dunlap is a member of the Corporate, Finance and Government Solutions Practices, as well as the Energy Industry Team. He assists clients in numerous industries with a broad range of commercial, transactional and financial matters. Dunlap works extensively with clients in the energy industry, counseling utility companies, developers and investors in the development, sale and acquisition of both traditional and renewable energy facilities. He also advises clients involved in the financing of energy facilities, including tax equity financing.

Jonathan (Jon) H. Gabriel, Business Law, Boston

Gabriel is a member of the Transactions Practice, as well as the Health Care Industry Team. He advises public and private companies and private equity investors in a wide range of industries. Jon focuses on complex mergers and acquisitions and growth equity financings. He also advises growth companies, from start-up and early-stage through public offering or acquisition, on formation, financing, strategic transactions, cross-border and corporate governance.

Michelle Y. Ku, Litigation, Dallas

Ku is a member of the Litigation Practice and the Energy Industry Team. Her practice focuses on high-stakes trials and appeals of business cases involving tax controversy, intellectual property, oil and gas and commercial issues. Ku’s creative legal reasoning and strategy have helped her clients win significant verdicts or settlements, including a multi-million dollar jury verdict in a recent business fraud and theft case. In addition to taking her clients’ cases from initial investigation through trial and into successful appeals, Ku counsels clients on dispute avoidance and implementing creative, business-oriented strategies geared toward minimizing risk and liability in business operations.

John L. Litchfield, Litigation, Chicago

Litchfield is a member of the Labor & Employment, Business Litigation & Dispute Resolution and Government Solutions Practices and is a leader in the firm’s Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) Compliance Team. His primary practice includes counseling clients on a wide range of employment-related matters, including disability discrimination, FMLA claims and sexual harassment. John also represents employers in federal and state employment and non-compete litigation matters. He also regularly conducts on-site training for clients and their employees covering diversity and inclusion, workplace conduct and sexual harassment prevention.

Benjamin J. Morris, Litigation, San Diego

Morris is a member of the Litigation and Construction Practices. He advises and counsels owners, developers, contractors, engineers, subcontractors and suppliers throughout all phases of complex construction projects and construction litigation. Morris also handles business and complex litigation, including defense of trade secret misappropriation, breach of contract, unfair competition and consumer class action claims. His commercial clients have included biopharmaceutical companies, consumer electronics manufacturers, technology companies, consumer products companies, banks and engineering and construction firms.

Michelle E. P. Nunez, Business Law, Boston

Nunez counsels private funds, advisers and institutional investors on U.S. legal and regulatory matters. She advises clients on a variety of matters relating to private fund investments, including structuring and forming funds, regulatory and compliance of existing funds, fund governance and investment adviser compliance. She has specific expertise in the structuring and formation of direct lending funds sponsored by U.S. managers and marketed outside the United States, in the application of U.S. securities and investment laws on non-U.S. investment advisers. She also advises impact investors on the legal and regulatory issues surrounding launching private funds that focus on achieving social benefit as well as financial returns.

Rachel Kingrey O’Neil, Litigation, Dallas

O’Neil is a member of the Litigation Practice, as well as the Hospitality & Leisure and Energy Industry Teams. She represents clients in a variety of complex litigation matters, including director, officer and shareholder disputes, fiduciary duty claims, health care business disputes, business fraud claims, breach of contract, and banking and intellectual property disputes. O’Neil handles litigation matters from inception through completion, including pre-suit investigation, motion and pleading practice, discovery, mediation, settlement, trial and appeal. Rachel has recently served as lead counsel in two jury trials and obtained winning verdicts for her clients in both cases.

Lori A. Rubin, Litigation, Washington

Rubin is a member of the Government Enforcement Defense & Investigations Practice and the Health Care Industry Team. Her practice is devoted to defending clients nationwide in government investigations and enforcement actions, conducting internal investigations particularly as related to allegations of fraud, and health care litigation. Rubin is a False Claims Act lawyer, and she has represented health care providers, hospitals, medical device companies and other health care organizations, as well as government contractors and other recipients of government funding, in investigations and litigation initiated by the federal government, whistleblowers or the company itself. She also appeals and litigates Medicare reimbursement rules and decisions in federal court on behalf of health care providers, and she counsels and defends clients from allegations of website noncompliance with the Americans with Disabilities Act.

Stephen B. Sandover, Litigation, New York

Sandover is a member of the Securities Enforcement & Litigation Practice. He represents multinational financial services firms in investigations and inquiries brought by the Securities and Exchange Commission, the Financial Industry Regulatory Authority, state Attorney General offices, the Commodity Futures Trading Commission, the National Futures Association and the International Stock Exchange, among various other government agencies and regulators. Sandover regularly conducts internal investigations on behalf of clients facing allegations of securities fraud and other regulatory and compliance breaches.

Howard (Wes) W. Taylor, Business Law, Madison

Taylor is a member of the Estates & Trusts Practice. He advises individuals and families on estate planning, business and wealth succession planning, tax-minimizing planning, disposition and management of sensitive assets, charitable planning, the creation and administration of family foundations, special-needs trust planning, trust and estate administration and beneficiary mediation. He enjoys working with families to develop effective, customized and streamlined plans that meet individualized goals, are optimized to provide maximum flexibility and provide peace of mind. He also is an adjunct professor at the University of Wisconsin Law School, where he teaches Federal Estate and Gift Tax.

Dorothy (Dottie) E. Watson, Business Law, Houston/Orlando

Watson is a member of the Environmental Regulation Practice, as well as the Energy and Manufacturing Industry Teams. She works with clients on a wide range of environmental matters, including compliance counseling, rulemaking, permitting, site remediation, brownfield redevelopment, corporate transactions and litigation matters. She has advised municipalities and public utilities in addition to both privately held and publicly traded companies. Watson also works in the areas of land development, real estate and municipal law, including review of land titles, surveys, development plans, drafting and negotiation of purchase agreements and crafting of municipal ordinances.

Kathleen (Kate) E. Wegrzyn, Business Law, Milwaukee

Wegrzyn is a member of the Commercial Transactions & Business Counseling and Distribution & Franchise Practices and the Food & Beverage and the Manufacturing Industry Teams. Her areas of focus include counseling businesses on general corporate and commercial matters, including commercial contracts, dealer arrangements, licensing issues, supply chain contracts, marketing and promotion agreements and logistics and transportation contracts.

Joanna A. White, Business Law, Jacksonville

White is a member of the Real Estate Practice. Her practice is focused on the acquisition, disposition, leasing and finance of various asset classes, including multifamily, office (including medical office), retail shopping centers and vacant land (including timber). She represents and provides counsel to investment firms, institutional lenders, family offices and private equity funds, among others, in high-profile acquisitions and dispositions.

Jonathan (Jon) P. Witt, Business Law, Detroit

Witt is a member of the Corporate Practice, as well as the Automotive and Manufacturing Industry Teams. He represents both public and private acquirers and targets in domestic and cross-border mergers and acquisitions. Witt represents businesses on a wide range of matters, including company formation, capital raising, equity holder agreements, employee and consulting agreements, commercial arrangements, joint ventures and strategic planning. He works with businesses transitioning ownership to an Employee Stock Ownership Plan (ESOP), issuers in public and private equity and debt securities offerings, and public companies on federal securities law compliance, disclosure and reporting obligations and corporate governance.