Michael Best announced today the addition of RWR Legal into its Austin office operations, effective immediately.

The combination, which will greatly benefit both Michael Best and RWR Legal clients, will add three senior corporate and securities attorneys. RWR Legal connects high-growth clients with the talent, mentoring, and resources required for success.

Rick Ressler, RWR Legal’s Managing General Counsel, will step into the leadership role as Michael Best’s new Austin Office Managing Partner; Shari Wynne Ressler will join Michael Best as a Partner focusing on strategic development; and Stephen Aguilar will join as Senior Counsel. All three will be members of Venture Best®, Michael Best’s team dedicated to counseling entrepreneurs, investors, emerging companies, and start-ups.

Since the firm’s founding over 23 years ago, RWR Legal has served as counsel for thousands of companies, providing sophisticated, large firm expertise to the entrepreneurial and start-up ecosystem in Austin.

Combining with RWR Legal will enhance the Austin office’s capabilities that span a number of key industries in the region, including the technology, healthcare, and CPG sectors. The incoming team will also work closely with Michael Best’s existing national platform in the cannabis, agribusiness, food and beverage, beauty product, and regulatory realms.

About the Attorneys

Rick Ressler has more than three decades of varied and extensive multinational securities and corporate legal experience, focusing his practice on financing, transactions, and mergers and acquisitions. In his capacity as a strategic and trusted advisor, he represents companies and investors of all sizes. Ressler earned his J.D., cum laude, from Harvard Law School and his B.A., magna cum laude, from Princeton University.

Shari Wynne Ressler provides legal and strategic counsel on labor and employee benefits matters. She is a self-made serial entrepreneur whose purpose is to connect clients with talent, mentorship and resources needed for success and is dedicated to building diversified industries and robust startup ecosystems. Ressler is deeply engrained in the Austin’s start-up community and is active in a number of local groups focusing on innovation. This includes involvement on committees for the Central Texas Angel Network, the Food Lab at the University of Texas at Austin and the Austin Development Zone. Ressler earner her J.D. from the University of California at Berkeley School of Law and her B.A. from the University of California at Davis.

Stephen Aguilar handles immigration, corporate and entertainment matters on behalf of his clients. He provides counsel for trials and appeals and represents clients in transactional matters. He is an active member of the Mexican-American Bar Association and the Community Justice Program, which provides free legal services to those in need. He earned his J.D. from St. Mary’s University School of Law and his B.A from the University of Texas at Austin.

In addition to the three attorneys joining Michael Best, Melanie Shepard also joins as a paralegal.

About Venture Best®

Venture Best, the emerging company and venture capital team at Michael Best, works closely with high impact entrepreneurs and emerging businesses, as well as the angel and institutional venture capital investors that finance them. The Venture Best Team represents a substantial number of start-up and emerging companies in biotechnology, information technology and software, medical device, electronics, and other high-technology sectors. This emerging company practice allows Michael Best to introduce venture capital and private equity investors to early- and mid-stage investment opportunities. For more information, visit venturebest.com.

About Michael Best & Friedrich LLP

Michael Best is a leading law firm, providing a full range of legal services to clients on a global, regional, and local basis. The firm has more than 340 legal professionals, including more than 250 attorneys, serving clients in 11 offices across the U.S. in Colorado; Illinois; North Carolina; Texas; Utah; Washington, D.C.; and Wisconsin. Michael Best’s areas of practice include: intellectual property, labor and employment relations (including employee benefits), litigation, corporate and transactional, environmental and natural resources, privacy and cybersecurity, real estate, regulatory, and tax. The firm serves a variety of industries, such as advanced manufacturing, agribusiness, banking & financial services, digital technology, energy, food and beverage, higher education, and life sciences. For more information, visit michaelbest.com.

Arent Fox LLP is pleased to announce the expansion of its Patent practice and Life Sciences group with the addition of Counsels Daniel C. Stelter and Laurence H. Posorske, Ph.D. Stelter joins the firm’s San Francisco office, while Posorske joins Arent Fox in Washington, DC.

“Daniel and Larry bring more than five decades of combined experience to Arent Fox, and we couldn’t be more excited to welcome them to the firm,” said Richard LaCava, Patent Practice Leader. “Between Daniel’s in-house experience and Larry’s scientific background, they’ll complement our existing IP and Life Sciences teams, providing tailored, strategic, and business-oriented legal advice to our clients.”

Stelter joins Arent Fox following a 13-year tenure at Cardinal Health, Inc., where he served as the Vice President and Chief Counsel of Intellectual Property. In that capacity, Stelter was the principal IP counsel leading the IP strategy for a Fortune 20 global health care company with diverse businesses operating in competitive fields such as medical device manufacturing, nuclear imaging manufacturing, pharmaceutical distribution, and healthcare technologies. Earlier in his career, Stelter was in-house counsel for a global paper and packaging company, as well as for an industrial technologies company that provided multi-million dollar capital equipment to major aerospace and automotive companies.

At Arent Fox, Stelter brings in-house experience to clients seeking counsel on managing diverse intellectual property portfolios, including patent assets, unpatented inventions, trade secrets, trademark assets, copyrights, design rights, and internet/software rights. He routinely counsels product development and marketing teams as it relates to navigating complex IP landscapes and competitive pressures.

Stelter also possesses extensive hands-on experience with complex transactions involving intellectual property rights, including technology licensing and complex business mergers, acquisitions, and divestitures. In particular, Stelter leverages his transactional experience to provide counsel during corporate business development initiatives such as conducting due diligence on the acquisitions of, and investments in, unique products and services businesses. He also advises clients when assessing and acquiring new product or service platforms in support of global business growth strategies.

Posorske’s practice focuses on the representation of technology-based companies of all sizes in matters relating to patents and technology licenses and strategic counseling on the structure and enforcement of intellectual property portfolios. He has legal and patent experience with everything from novel proteins and recombinant DNA to monoclonal antibodies, biopharmaceuticals, plant patents and more. Additionally, Posorske has significant research experience as an industrial research scientist in the fields of enzymology, biotechnology, food processing, papermaking, and biomass-to-energy conversion.

For clients, Posorske has prepared and prosecuted domestic and international patent applications, including re-examination, interference, and appeals. He’s also opposed and defended more than 25 patent oppositions before five different jurisdictions, including the European, Japanese, and Korean Patent Offices. Furthermore, Posorske has experience drafting and negotiating patent and technology licenses and joint development agreements for medical devices, diagnostic techniques, and nutritional products.

Stelter received his JD from the University of Dayton School of Law, his BS, with honors, in Mechanical Engineering, from the University of Wisconsin-Platteville and his MSc in Mechanical/Aerospace Engineering from the University of Dayton Graduate School of Engineering. Posorske earned his JD from Georgetown University Law Center, his Ph.D. from Cornell University, and his BA from the University of Wisconsin.

Arent Fox is one of the few go-to firms for novel and high-profile patent issues. Clients seek us out for our creativity and business approach to their legal issues. With more than 60 full-time patent professionals, we offer a full range of services related to the acquisition, enforcement, and commercial exploitation of patent rights and assets.
Smart In Your World

Founded in 1942, Arent Fox is internationally recognized in core practice areas where business and the law intersect. With more than 450 lawyers and professionals, the firm provides strategic legal counsel and multidisciplinary solutions to a global roster of corporations, governments, and trade associations.

Veteran Dallas trial lawyers Michael Lyons and Chris Simmons have formed Lyons & Simmons, LLP, a trial firm focused on handling personal injury and wrongful death matters as well as complex business disputes in Texas and throughout the United States.

Firm co-founders Lyons and Simmons have a proven record of obtaining outstanding results for their clients in high-stakes, high-exposure cases across the country. They have tried complex cases before judges, juries and arbitrators involving life-altering personal injuries, wrongful death, and “bet-the-company” business disputes.

“We have been involved in some of the most consequential and technically challenging cases in Texas and around the country, and I know we have made a difference for our clients,” said  Lyons. “That record of success will continue with Lyons & Simmons going forward.”

Lyons and Simmons were previously partners in the Dallas-based trial boutique Deans & Lyons, LLP. Also joining Lyons & Simmons are attorneys Chris Carr and Stephen Higdon.

“Mike and I share a common viewpoint that it’s our job to level the playing field for every client,” said Simmons. “Unfortunately, our clients are often facing the most challenging situation they will ever encounter when we are brought in. What comes with that is a tremendous responsibility to do everything we can to get the best possible outcome.”

Known for an aggressive approach that utilizes innovative technology and creativity, Lyons has earned the respect of his peers, earning professional accolades for personal injury and business litigation work including multiple year recognitions as one of the Top 100 Lawyers in the Dallas-Fort Worth area by Texas Super Lawyers, as well as recognition by Best Lawyers in America, and among D Magazine’s Best Lawyers in Dallas. He is a member of the Million Dollar and Multi-Million Dollar Advocates Forums, as well as a member of America’s Top 100 High Stakes Litigators.

Simmons is a warrior for his clients who combines strategic and creative problem-solving abilities with highly skilled advocacy. He has obtained record-setting results for his clients and has earned recognition as one of the top 100 young lawyers in Texas by Texas Super Lawyers, has been included in D Magazine’s Best Lawyers in Dallas, and has received a Professional Excellence Award from Texas Lawyer.

About Lyons & Simmons LLP

Dallas-based Lyons & Simmons, LLP is a Texas Dallas-based trial boutique representing clients in wrongful death, personal injury, products liability and complex “bet-the-company” business litigation matters across the country. To learn more, visit http://www.Lyons-Simmons.com.

Steptoe & Johnson LLP is pleased to announce its continuing investment in its premier energy practice with the arrivals of Donna Byrne and John Perkins. Byrne, who brings extensive experience in Federal Energy Regulatory Commission (FERC) enforcement and compliance matters as well as federal litigation, joins as a partner. Perkins, who previously served as acting branch chief in FERC’s Office of Administrative Litigation, joins as of counsel. Both will be based in Steptoe’s Washington office.

In welcoming Byrne and Perkins to the firm, Steptoe Chair Phil West commented: “Steptoe has a 40-year history of having one of the best energy practices in the country and we are committed to remaining preeminent in this space. Donna has built a reputation as a go-to lawyer for FERC enforcement investigations and litigation, and John brings vast experience in FERC litigation for power, gas, and oil. Together, their arrivals – along with the arrivals of seven other partners and counsel in the past five years – will further cement Steptoe as the destination firm for high-value enforcement defense and FERC litigation, as well as the very best regulatory counselling available.”

Byrne’s practice focuses on representing electric power and natural gas market participants in proceedings before FERC. She has represented clients in numerous FERC enforcement investigations, both public and non-public, involving alleged market manipulation, as well as alleged violations of reliability standards. She has represented clients in complex contract litigation and other commercial disputes, including litigation arising out of the California energy crisis and issues related to Regional Transmission Organization withdrawal.

Byrne’s representations have included one of the first, and several of the most prominent, FERC enforcement cases since the Energy Policy Act of 2005 (EPAct 2005) triggered the start of the modern FERC enforcement era. A number of these cases have proceeded to federal court litigation, including appeals. She represented clients in two of the eight Federal Power Act civil penalty actions that FERC has filed since the passage of EPAct 2005. As a result, Byrne has been at the forefront of litigating a number of significant and precedential legal issues these cases have presented.

Byrne was recognized in Chambers USA 2019 in the electricity regulatory and litigation category where clients described her as “an excellent critical thinker and good strategist…she is very meticulous, hard-working and fights hard for her clients.”

Byrne remarked: “I am excited about the opportunity to work with the talented members of the firm’s highly distinguished Energy Group. I’m confident that Steptoe will provide an excellent platform to grow and expand my practice in the coming years.”

Perkins is a trial lawyer and former acting branch chief in FERC’s Office of Administrative Litigation. He represents electric utilities, pipelines, and other energy clients in FERC rate proceedings, and supports transactional lawyers on federal regulatory matters related to mergers and acquisitions. Perkins has experience advising companies seeking market-based rates, stated rates, and formula rates; filings to maintain market-based rates; and filing complaints and comments with respect to Regional Transmission Organizations.

Perkins’ representations have included novel and complex rate proceedings. They include a first-of-its kind fuel security cost of service agreement in ISO New England where he served as co-lead trial attorney in an expedited hearing proceeding to determine a generation units’ and connected LNG import facility’s cost of service rates. Perkins also served as lead trial attorney in a hearing at FERC to determine the cost of service rates for a unique, critical path transmission investment in CAISO.

Steptoe has one of the most respected energy practices in the United States. For nearly a decade, the practice and its lawyers have received the highest rankings in the legal directories Chambers and The Legal 500. In 2019, Steptoe was the only firm to receive top-tier rankings from Chambers USA in both the nationwide electric and pipeline categories, and the only firm to receive top-tier rankings in electric by both Chambers and The Legal 500.

Byrne received her B.A. from Boston College and her J.D. from George Washington University. She served as a law clerk to the Honorable Daniel T. K. Hurley of the US District Court for the Southern District of Florida. Byrne currently serves on the board of directors of the Energy Bar Association.

Perkins received his LL.M., with highest honors, from George Washington University and his J.D., magna cum laude, from the University of Arkansas. He earned his B.A. from Rhodes College.

Global law firm Hogan Lovells is pleased to announce that Ben Garcia has joined the firm’s Finance practice as a partner in New York.

Garcia joins the firm from Milbank, where he was special counsel in the Capital Markets Group. He advises leading financial institutions, investment banks, private equity sponsors and corporate issuers in domestic and cross-border offerings of debt and equity securities. As part of his practice, he advises financial institutions and multinational companies on a wide range of infrastructure-related projects in Latin America.

Garcia has led a number of the most prominent recent capital markets transactions in Latin America. He has represented major sponsors and investment banks in project financings in the oil and gas, transportation and renewables sectors in Mexico, Peru, Chile and Colombia. He has worked on transactions ranging from investment grade offerings of debt and equity securities to high yield and structured bonds throughout Europe and Latin America, as well as sovereign offerings by the Dominican Republic and Guatemala. Additionally, Garcia has experience advising on M&A transactions, commercial financings and leveraged buyouts. He is fluent in Spanish and German.

Garcia’s arrival follows several high-profile additions to the New York office last year, including leading sports transactions lawyer Michael Kuh, and Peter Marta, former global head of the legal cybersecurity team at JPMorgan Chase.

Garcia earned his J.D. from Columbia University School of Law and an A.B. from Harvard University in Government.

Tiffany D. Presley, an experienced commercial transactions and supply chain attorney, has joined Barnes & Thornburg’s Indianapolis office as a partner in the firm’s Corporate Department.

As a strategic legal and business adviser to her clients, Presley counsels publicly and privately held companies on commercial transactions and contracts, supply chain issues and joint ventures. Her clients range from family-owned businesses to Fortune 150 companies in the manufacturing and technology industries. She joins the firm from Quarles & Brady.

Having earned a joint MBA and J.D., Presley was named an “Up and Coming Lawyer” by the Indiana Lawyer in 2015 and is active in the Indianapolis legal and business community. She is a member of the Indianapolis Bar Association, Marion County Bar Association, Economic Club of Indiana strategic planning committee and Indiana State Bar Association.

Presley earned her J.D. from the Indiana University Maurer School of Law and her MBA from the Kelley School of Business at Indiana University, where she also earned a bachelor’s degree.

Bradley Arant Boult Cummings LLP is pleased to announce that J. Thomas Trent Jr., a partner in the firm’s Nashville office, is one of only two attorneys in Tennessee to win a 2020 Client Choice Award. Produced by Lexology, Client Choice annually recognizes lawyers worldwide for excellent client service.

“Our firm is very proud of Tom’s selection as one of only two Client Choice Award winners in our state this year,” said Bradley’s Chairman of the Board and Managing Partner Jonathan M. Skeeters. “Tom is a leader in economic development and real estate law who sets a very high bar for the client service that he and Bradley provide to our clients.”

Chair of Bradley’s Economic Development Practice Group and a member of the firm’s Real Estate team, Trent represents clients regionally and nationally, including major manufacturing companies, corporate users of commercial real estate, institutional investors, developers, and lenders. He has 40 years of experience in real estate and economic development law.

Trent also has been a frequent speaker or panelist at commercial real estate, finance, healthcare, and economic development seminars and programs, including the Tennessee Governor’s Conference on Economic Development (numerous years), Tennessee Economic Development Council, Tennessee Municipal League, American College of Real Estate Lawyers, the International Council of Shopping Centers (TN/KY Idea Exchange), NAIOP, and a number of other organizations.

Lawyers can be nominated for Client Choice only by corporate counsel. This year’s 490 winners across 82 jurisdictions worldwide were chosen from a pool of more than 2,000 individual client assessments. Winners were selected though surveys of in-house counsel subscribers to Lexology and feedback at several international in-house counsel events and via the Client Choice website. The criteria for Client Choice focus on an ability to add real value to clients’ business above and beyond the other players in the market. Attorneys are rated on the following client service criteria: quality of advice, commercial awareness, industry knowledge, strategic thinking, billing transparency, tailored fee structures, value for money, responsiveness, effective communication, clarity of documentation, sharing of expertise, appropriate staffing, project management, use of technology, loyalty, and ethics. To view all 2020 winners, visit www.ClientChoice.com.

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.

Learn how Judges think you should prepare

78% of US Federal Judges think that the enactment of new data privacy laws (GDPR, CCPA) will increase discovery costs. Learn more about this and other insights from the bench by downloading the recently published, 6th Annual Federal Judges Survey.

Download this Federal Judges Survey and learn why:

• New data privacy laws will make litigation more expensive
• Judges want to see greater participation in discovery activities from in-house legal teams
• Early Case Assessment software is the preferred technology judges want to see parties use more of

Legendary Texas trial lawyer inspired countless attorneys through dedication, hard work

DALLAS – For generations of lawyers, James E. “Jim” Coleman Jr. of Dallas defined what it means to practice law with professionalism and integrity. In a career spanning more than six decades, he was a role model and mentor to countless attorneys, a trusted advisor to his clients, a gifted and successful trial lawyer, and a tireless advocate who upheld the legal profession’s highest standards.

Jim Coleman passed away on Saturday, February 22, in Dallas. He was 96.

Mr. Coleman’s diligence on behalf of his clients and his reverence for the law profession leave a lasting influence not only on Carrington, Coleman, Sloman & Blumenthal, L.L.P, the firm he founded in 1970, but also on those who knew him personally and professionally. For Mr. Coleman, being a lawyer was a calling, rather than about “winning and getting the biggest fees.” That dedication to justice motivated him to continue a regular work schedule well into his 90s at the firm he founded.

“I love being a lawyer because the law is the most beautiful thing you can do. It is about helping people,” he told Texas Lawbook in a 2013 profile published on the eve of his 90^th birthday.

Mr. Coleman enlisted in the U.S. Army following the attack on Pearl Harbor, rising to the rank of Second Lieutenant. As a platoon leader in Gen. George Patton’s Third Army, he earned the Silver Star for gallantry in action in the historic march through Europe. Buoyed by the G.I. Bill, Mr. Coleman completed his undergraduate degree at Georgia Tech in 1948. He graduated from the University of Virginia School of Law in 1951 shortly before receiving orders to report for deployment to Korea. Unknown to him at the time, the orders were actually from the Central Intelligence Agency, where he remained until 1953.

When he left the agency, he turned down the opportunity to join Sutherland, Asbill & Brennan, the Atlanta-based law firm that his father-in-law, William Sutherland, helped to found. He instead opted to move his young family to Texas, joining Carrington, Gowan, Johnson & Walker, opening its successor firm, Carrington Coleman on January 1, 1970.

Over the course of his career, Mr. Coleman represented such notable clients as Ford Motor Co., GM, Uniroyal, John Deere, Enron’s Ken Lay, and numerous Texas-based insurance companies and banks.

Famously ambivalent about professional accolades, Mr. Coleman preferred to let his dedication and the quality of his work stand on their own. A veteran of hundreds of jury trials and immensely successful on behalf of his clients, Mr. Coleman is perhaps best known for the impact he had as a legal mentor, a promoter of gender and racial equality in the profession, and a champion of high ethics and professionalism.

“This profession is better for the simple fact that Jim Coleman had a passion for the law,” says Bruce Collins, the firm’s managing partner. “We will not see another like him, in terms of his approach to the law and the way he worked with people, in our lifetimes. He was the right person to lead the way for positive change and his example and values will always be this firm’s guiding principles.”

Perkins Coie is pleased to announce that Diana Bowman has joined the firm’s Construction and Real Estate Litigation practices.

Bowman is the latest addition to the Chicago office, joining on the heels of Construction practice Partners Michael Hanahan and Kevin Kolton. To accommodate Perkins Coie’s continued growth in the Chicago area, the firm will move to a larger, more collaborative office space at 110 North Wacker Drive in 2021.

Bowman represents owners and design professionals from both public and private entities in a wide range of litigation and transactional matters. Her practice focuses on contract drafting, negotiations, claim avoidance strategies, and navigation of alternative dispute resolutions, along with disputes involving commercial, residential, infrastructure, and energy-related construction projects.

She has deep experience with advising clients on resolving claims during the construction of the project and mitigating disruption. Diana has prosecuted and defended claims involving construction and design defects, construction delay and disruption, mechanics liens, and payment and performance bonds.

Bowman earned her J.D. from the Chicago-Kent College of Law, Illinois Institute of Technology; her LLM in Real Estate from the University of Illinois at Chicago’s John Marshall Law School; and her B.A., with honors, from DePaul University.

“Agreeing to arbitrate a dispute, whether in a contract or by agreement, is a serious decision for any business.  There are pros and cons to binding arbitration versus trial in a court that go beyond a series of blog posts, but the fact is that when a dispute is arbitrated, finality is the rule. It is very difficult to appeal an arbitration award. In many instances, representing a party in an arbitration requires more due diligence and work than a trial. Great “arbitration” lawyering is therefore essential but many times does not happen.” warns David K. Taylor in BuildSmart Bradley’s Arbitration.

“Arbitration is a matter of contract. Federal and state law allow for the enforcement of arbitration clauses. Courts now favor arbitration. There are plenty of articles out there on drafting arbitration clauses, but far too often drafters fail to consider the basics.”

Read the article to learn the basics.

“Have you ever considered the possibility that you might be the next person your contract attorney sues?” asks in Vinson & Elkins’ Insights.

“As frightening as that sounds, that’s exactly what happened in the bizarre dispute leading up to a recent Fifth Circuit  decision, Faludi v. U.S. Shale Solutions, L.L.C. There the plaintiff was an unlicensed attorney who contracted with the defendant to be a legal consultant. The defendant paid him on a day rate basis, required him to sign a non-compete, and treated him as an independent contractor. Once the plaintiff left the company, he immediately filed a Fair Labor Standards Act (“FLSA”) lawsuit where he claimed that he had actually been an employee who was misclassified as exempt and was entitled to unpaid overtime wages.”

“Fortunately for the defendant, the Fifth Circuit concluded that the plaintiff had been properly classified as an independent contractor. Fortunately for us, the case demonstrates several lessons about certain business practices and FLSA compliance.”

Read the article.

“An Orange County lawyer who represents clients in criminal defense cases faces federal charges of her own after being accused of conspiring to sell firearms without serial numbers, also known as ‘ghost guns.'” reports Brandi Hitt in Eyewitness News ABC 7.

“Federal agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives say 41-year-old attorney Melinda Romines was allegedly trying to sell the guns by acting as a broker between black market dealers and customers.”

“The weapons are referred to as ‘ghost guns’ because it is difficult to trace them.”

Read the article.

Read the article.

“On February 10, 2020, FERC filed its Rehearing En Banc Brief regarding opposition to FERC’s authorization of the construction of Transcontinental Gas Pipe Line Company, LLC’s  proposed Atlantic Sunrise Project — an interstate pipeline designed to supply enough natural gas to meet the daily needs of more than 7 million American homes. The United States Court of Appeals for the District of Columbia issued an opinion on August 2, 2019, upholding FERC’s decision to conditionally approve the Project. However, on September 16, 2019, Hilltop Hollow Limited Partnership, Hilltop Hollow Limited Partnership, LLC, and Stephen D. Hoffman petitioned the court for rehearing of the court’s opinion en banc. The Petitioner’s main challenge was FERC’s usage of tolling orders, which allows FERC to delay rehearing after granting a pipeline certificate, as impermissible under the Natural Gas Act and the Due Process Clause of the Fifth Amendment. The court granted that petition and vacated the underlying judgment in a December 5, 2019 order,” write Miriam Archibong and Miles Kiger in the Washington Energy Report’s Natural Gas.

Read the article.

A “plaintiff entered into an exclusive listing agreement with the defendant, Deal Lake Village Gardens, LLC to broker a sale of the defendant’s apartment complex. The agreement included the following provision: “If a sale or exchange is consummated after the termination of this agreement to or on behalf of a party who was introduced to the property by [plaintiff], [plaintiff] will also be entitled to a full commission.” writes Gary M. Albrecht in Cole Schotz’ Real Esate & Construction Law.

“The property was sold, but not until after the term of the plaintiff’s exclusive listing expired. At the trial court level, the plaintiff argued that even though the property was sold after the exclusive listing agreement expired and the defendant had hired a new broker, it had earned a commission because it had introduced a principal of the purchaser to the property while its exclusive listing agreement was in effect. The trial court rejected the plaintiff’s claim, but its reasoning came under the Appellate Division’s scrutiny.”

“When negotiating exclusive listing agreements or other forms of commission agreements, whether on the side of a property owner or broker, any right to a commission after a broker’s agency has expired must be discussed and memorialized in a contract to avoid a similar fate to the parties of this case, which in the case of the defendant, may include the payment of two full commissions (in addition to legal fees) depending upon the disposition of the remanded case at the trial court.”

Read the article.

“One often sees a definition of “Business Day” in purchase agreements and other legal documents, usually to define when an event such as delivery of a legal notice or payment of an amount can legally occur. The idea is that it is somehow inconvenient to deliver an annoying default notice or a satchel of cash on a weekend or holiday when the recipient might be out enjoying a day at the beach and would not be paying attention to the notice or satchel,” writes Jose Sariego in Bilzin Sumberg’s Insights.

Read the article.

The U.S. law firm of Hinshaw & Culbertson LLP is pleased to announce that partner Brian S. McGrath and a team of four attorneys have joined the firm in the Consumer Financial Services Practice in New York. Formerly with McGlinchey Stafford, the group includes McGrath and Victor Matthews, who also joins as a partner, and associates Ashley R. Newman, Ronald Park, and Mitra Singh.

In addition to running a complex bet-the-company litigation practice, McGrath served as managing partner of McGlinchey’s New York office. His background includes a mix of public sector practice and private practice, having served early in his career as Special Assistant District Attorney in the Kings County District Attorney’s Office in Brooklyn, NY, on secondment from Dewey & LeBoeuf LLP (previously Dewey Ballantine LLP).

According to McGrath, Hinshaw’s deep bench in the Consumer Financial Services sector, the firm’s national platform, and its commitment to diversity and inclusion helped convince the team to make the move. A 2018 Fellow of the Leadership Council on Legal Diversity (LCLD), McGrath is committed to diversity in the legal industry and intends to actively participate in the firm’s LGBTQ Affinity Network. “The firm’s commitment to diversity and inclusion is a big part of who I am and something I’ve made part of my own practice,” said McGrath.

Brian S. McGrath
McGrath advises companies in the mortgage lending sector, representing companies in lender liability litigation, and litigation under federal consumer protection statutes, the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA) and the Fair Credit Reporting Act (FCRA). He represents companies in a wide range of complex commercial litigation matters, including financial services, intellectual property, antitrust, and white-collar criminal investigations. Beginning his legal career at Dewey Ballantine in 2000, he developed a sophisticated and diverse practice. While at Dewey, he handled two related cases of first impression that went to the U.S. Supreme Court, resulting in a landmark decision on the doctrine of licensee estoppel. He also practiced law at Hogan Lovells US LLP prior to joining McGlinchey Stafford in 2015. McGrath received his B.A. from The State University of New York at Geneseo, and his J.D. magna cum laude from The State University of New York at Buffalo School of Law.

Victor Matthews
Matthews represents mortgage lenders, servicers and other financial services companies in a wide array of litigation matters, including consumer financial services, real estate and general commercial litigation. With almost 15 years of experience, he also advises companies in title insurance defense and contested mortgage foreclosure litigation, as well as a broad range of other issues. He received his B.A. from Binghamton University and his J.D. from Wake Forest University School of Law.

Ashley R. Newman
Newman has a general commercial litigation and arbitration practice, representing companies in breach of contract claims, fire damage and business interruption litigation, construction defect cases, and insurance coverage disputes related to risk management, commercial general liability and directors and officers liability. She also advises financial services companies on FDCPA and consumer fraud claims. She began her law practice at Herrick, Feinstein LLP before joining McGlinchey Stafford in 2015. She received her B.A. summa cum laude from Villanova University and her J.D. cum laude from Benjamin N. Cardozo School of Law.

Ronald Park
Park represents banks, mortgage servicers and investors, lenders and other consumer financial services companies in a wide array of litigation matters, with a focus on defending consumer litigation claims in lender liability cases. In addition, he advises banks and financial institutions in various disputes related to state and federal consumer protection, licensing, lending, usury, leasing and sales laws, and defends claims related to TILA, RESPA, Home Ownership and Equity Protection Act (HOEPA) and FCRA. Prior to joining McGlinchey Stafford, he served as an Agency Attorney in the New York City Department of Buildings. He received his B.A. from New York University and his J.D. from Benjamin N. Cardozo School of Law, serving as a summer law clerk for the Honorable Ruben Franco of the New York City Civil Court.

Mitra Singh
Singh has a commercial litigation and consumer financial services litigation practice, including litigating contested mortgage foreclosures, bankruptcy, and real estate and title issues. He also defends financial services companies in cases related to payment disputes and claims arising under the Telephone Consumer Protection Act (TCPA), FDCPA and FCRA. He received his B.S. magna cum laude from St. John’s University and his J.D. from St. John’s University School of Law.

The International Association of Defense Counsel (IADC) has announced that Camille Neddo Johnson, a partner at Snow, Christensen & Martineau in Salt Lake City, has accepted an invitation to join the IADC, the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests.

Johnson counsels and educates business clients and public employers regarding risk management initiatives and strategies that prevent or minimize employment claims. She advises clients on employment policies and practices, discipline and terminations, the protection of confidential information, wage and hour practices, executive agreements and compensation plans, separation agreements, independent contractor relationships, and the investigation of employment claims. She serves as both advisor and litigator, having had extensive experience defending clients in employment litigation. Johnson has a significant and varied litigation and trial practice, which includes the defense of leading pharmaceutical and medical device manufacturers in mass tort and coordinated litigation.

Johnson received her J.D. from the S.J. Quinney College of Law at the University of Utah and her Bachelor of Arts from the University of Utah.

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