Bed Bath & Beyond Inc.’s longtime general counsel Allan Rauch is among six senior executives departing the company as part of a corporate restructuring announced Dec. 17, reports Bloomberg Law.

The home goods retailer named a former subordinate of Rauch’s to succeed him as general counsel on an interim basis.

Bloomberg’s Brian Baxter writes that the new interim GC, Michael Callahan, is a former vice president and corporate counsel with more than 25 years of experience in the company’s law department.

Rauch joined the company in 1994 and became general counsel in 1996.

Read the Bloomberg Law article.

A NAVEX Global webinar will address the top 10 risk and compliance trends for 2020.

The complimentary event will be Wednesday, Jan. 15. 2020, at 10 a.m. PT/1 p.m. ET.

In 2020, several critical issues are sure to impact the business landscape, including: election year turmoil, updates to regulatory requirements, digital environment impact, new agency guidance, data privacy, workplace behavioral shifts, and more, NAVEX says in its invitation.

Participants in the webinar will hear how experts are predicting these upcoming trends will provoke, shape and inspire organizational shifts and program improvements.

Register for the webinar.

A forecast from Citi Private Bank’s Law Firm Group and Hildebrandt Consulting expects law firm revenue growth to rise between 5.5% and 6% in 2020.

The Citi 2020 client advisory offers this partial overview:

“Looking forward, we know that many firms are concerned about the risk of a recession and the underlying macroeconomic and geopolitical volatility. However, we do not anticipate a recession in 2020. That said, we believe it is now prudent for law firms to prepare for less certain times ahead. We also note that firms are facing many talent-related challenges: retention at all levels, the rising cost of talent, and how best to plan for the departure of rainmakers and senior partners.”

Read the Citi report.

Blomberg Law is reporting that a real estate developer is suing New York City litigation boutique O’Shea & Partners for breach of contract, alleging it charged “grossly excessive” and padded fees when it represented the developer beginning in 2013.

Plaintiffs claim the firm charged “almost $1.9 million over a three year period, without engaging in any discovery, or document collection, whatsoever.”

In the complaint in the New York court, plaintiffs Madison Equities LLC and the group’s principal, Robert Gladstone, are seeking at least $900,000 over the “fraudulent” billing, writes Bloomberg’s Melissa Heelan Stanzione.

Read the Bloomberg Law article.

The University of Phoenix — a for-profit college chain that has been under scrutiny for years — has reached a landmark settlement agreement with the Federal Trade Commission following accusations of unfair and deceptive practices that will result in widespread student loan forgiveness, Forbes reports.

“Too often, students would graduate from the University of Phoenix with dismal career prospects, minimal ongoing support, and a lot of student loan debt that could be impossible to repay,” writes Adams S. Minsky, a Forbes contributor. “The University allegedly specifically targeted people of color and military veterans.”

Under the settlement, the university will pay $191 million, of which $141 million will be used to forgive some student loans for certain borrowers who attended the university.

Read the Forbes article.

Schiff Hardin’s Environmental Group took a look prospects for renewable energy in 2020 and determined that development is expected to continue through 2020 and beyond.

Authors of the post in the Energy & Environmental Law Adviser blog are Alex Garel-Frantzen, Amy Antoniolli and Brett Cooper.

They discuss three key issues facing the industry for the coming year: waning federal government incentives; siting renewable energy projects at such locations as retired power plants and landfills can lower costs; and local communities can be slow to get on board with renewable energy initiatives.

See the article.

Before agreeing to a real estate sales contract or lease, the parties may prepare a letter of intent, term sheet or other form of preliminary agreement (together, called here an “LOI”), writes Stephen Siegel of Novack and Macey.

An LOI reflects that the parties have agreed on certain important terms of a deal, though not on all of its provisions or details.

“A well-crafted real estate LOI should address the parties’ intentions on such questions in clear terms. An LOI that is unclear as to what, if anything, it obligates the parties to do can invite uncertainty, disagreements and even litigation,” Siegel writes.

Read the article.

A Davis Wright Tremaine post illustrates the application of a forum selection clause in a contract.

In Down-Lite International, Inc. v. Chad Altbaier, a federal magistrate judge denied defendant’s motion to transfer venue from Ohio to California largely because the parties’ forum selection clause designated Ohio as the venue for disputes.

Down-Lite’s holding illustrates that courts tend to enforce forum selection clauses unless there is a compelling showing of prejudice to the party opposing the agreed-upon forum, according to the post.

Read the article.

While prohibiting disparagement of co-workers, products and services is lawful, prohibiting disparagement generally of the employer, management, or policies is not, according to a memo from the  National Labor Relations Board, the Office of General Counsel.

Fiona W. Ong discusses the memo in an article for Shaw Rosenthal.

The memo was in part a response to a law firm’s employee agreements that contained a provision prohibiting critical comments about the firm. Several former employees posted negative reviews about the firm on various websites, including Glassdoor.com, Indeed.com, Avvo, Yelp, and Yahoo.business. The law firm then filed suit against them for breach of contract and defamation.

Read the article.

The Morgan Lewis Tech & Sourcing blog discusses a model agreement developed by the Clearing House as a voluntary starting point to facilitate data sharing between financial institutions and fintech companies.

The model agreement covers such provisions and concepts as flow-down obligations, data breach, liability, warranties and disclaimers, intellectual property, disclosure and consent, termination and suspension, and assignment.

Read the article.

Trump International Hotel
Image by Mike Peel

A federal appeals court in Virginia heard arguments Thursday about whether to revive a lawsuit accusing President Trump of violating the Constitution by profiting from his hotel near the White House, according to a report by  The New York Times.

The hearing marks the first time that a full appellate court has considered the emoluments or anticorruption clauses of the Constitution, and Trump is the first president to be sued for allegedly violating those clauses, writes the Times‘ Sharon LaFraniere.

The hearing was a spirited session that indicated sharp divisions among the judges over the legal consequences of the president’s conduct, according to LaFraniere.

Read the  NY Times article.

Tesla’s general counsel is leaving the company, meaning the company has now lost three general counsels in the past year.

CNBC reports that Jonathan Chang, who was GC at Tesla since February, has taken a position as general counsel at SambaNova.

Chang’s predecessor, Dane Butswinkas, left the company in February 2019 after just two months on the job because he was not a good cultural fit, a source familiar with the situation told CNBC at the time.

Read the CNBC article.

Bloomberg Law reports that a federal judge in Chicago ruled that Lincoln National Life Insurance Co. wrongly shortchanged a tax attorney’s disability benefits by $3,000 per month by determining he became disabled one day before he received a $65,000 raise.

Harlan Ten Pas, a former partner with McGladrey LLP, suffered a heart attack on Sunday over Labor Day weekend in 2014, one day before his raise became effective. The insurer based his disability benefits on his salary without the benefit.

Ten Pas sued, saying he was entitled to an additional $3,000 per month because the date of disability couldn’t be any earlier than the first non-holiday workday after his heart attack.

Read the Bloomberg  Law article.

Reed Smith announced that Jared Kelly has joined as a partner in the firm’s Global Corporate Group in New York.

Kelly formerly was with White & Case LLP.

Kelly is the seventh partner to join the Global Corporate Group since May, when Reed Smith opened its office in Dallas with three corporate partners.

In a release, the firm said Kelly focuses his practice on corporate finance transactions, including equity securities offerings, traditional bank finance and high yield bond issuances. He represents companies in the energy, fintech, media and manufacturing industries on securities issuances, SEC disclosure issues, corporate governance matters and exchange listing compliance. He has advised companies on corporate restructurings and recapitalizations, and represented borrowers and private equity sponsors on leveraged finance acquisitions, spin-offs, carve-outs and various debt financings.

Kelly began his legal career at Ballard Spahr LLP, before moving to Kirkland & Ellis, LLP in 2014. He received his BS, magna cum laude, in economics and political science from Florida State University, and his J.D. and LL.M. in Securities and Financial Regulation from Georgetown University Law Center.

Other recent additions to the Global Corporate Group in New York include Tadaski Okamoto, who joined from Morrison & Foerster on Oct. 8, and Sandy K. Feldman who joined on Oct. 23 from K&L Gates. Chauncey Lane joined the practice on November 7 in Dallas from Husch Blackwell. The launch of the firm’s newest office in Dallas in May included Bobby Majumder, Ryan J. Preston and Lynwood E. (Lyn) Reinhardt in the Global Corporate Group, all of whom joined from Perkins Coie.

Sidley Austin LLP announced the names of its newly elected partners, listed below by office and area of practice. These individuals will formally become partners in the firm effective January 1, 2020.

The new Sidley partners are as follows:

Chicago
Alexis A. Cooper, Private Equity
Joseph R. Dosch, White Collar: Government Litigation and Investigations
Erin Felchner, Real Estate
Bryan C. Mulder, IP Litigation
Scott Pollock, Tax
Kendra L. Stead, Commercial Litigation and Disputes

Dallas
Ryan M. Scofield, M&A

Houston
Daniel F. Allison, Energy
Tommer Yoked, Energy

Hong Kong
Linh Lieu, China Corporate and Finance
Oliver Zhong, Capital Markets

London
Alastair Hopwood, Commercial Litigation and Disputes
Michelle Tong, Private Equity

New York
Christina Prusak Chianese, Commercial Litigation and Disputes
Blake C. Fillion, Investment Funds
Patrick Michel, Investment Funds

San Francisco
Stephen Abreu, Technology and IP Transactions
Sally M. Wagner Partin, M&A

Tokyo
Tomoki Ishiara, M&A

Washington, D.C.
Thomas A. Broughan III, IP Litigation
Barbara Broussard, Global Arbitration, Trade and Advocacy
Benjamin B. Correa, Food, Drug and Medical Device Compliance and Enforcement
Ellen Crisham Pellegrini, White Collar: Government Litigation and Investigations
Craig Francis Dukin, White Collar: Government Litigation and Investigations
Kyle J. Fiet, Commercial Litigation and Disputes
Kate Heinzelman, Privacy and Cybersecurity
Katie Klaben, Securities Enforcement and Regulatory
Tobias S. Loss-Eaton, Supreme Court and Appellate
Christopher J. Polito, Energy
Peter Whitfield, Environmental

Arent Fox LLP announced the election of seven new partners and three new counsel, effective January 1, 2020.

The new partners include Sarah H. Cohn, M. Douglas Flahaut, Kirsten A. Hart, Katie Heilman, Eva J. Pulliam, Asra Syed, and James M. Westerlind.

The new counsel promotions include Ismael Bautista, Jr., Jeff Leung, and Lee A. Pepper.

Harrity & Harrity, LLP, a patent preparation and prosecution law firm, announced the addition of four patent attorneys and two law clerks to its legal team.

The new hires include Joseph Lentivech, a former Administrative Patent Judge with the U.S. Patent and Trademark Office (USPTO) and Marine Corps veteran, who the firm announced last week returned as counsel.

Patrick Hansen, based in Raleigh, specializes in the preparation and prosecution of patent applications in electrical, computer, and mechanical technologies. Hansen has represented petitioners and patent owners in post-grant proceedings before the Patent Trial and Appeal Board. He utilizes his comprehensive understanding of the industry and extensive legal experience to build high quality patent portfolios.

Joseph Lentivech, based in Mobile, Ala., specializes in the preparation and prosecution of patent applications in electrical and computer technologies, including telecommunications and computer hardware and software systems. Lentivech returns to the firm, where he was a patent attorney for four years, after working as an Administrative Patent Judge at the USPTO, where he decided appeals from adverse examiner decisions in patent applications directed to electrical and computer-related technologies and business methods.

McCord Rayburn, based in Charlotte, has significant experience in all aspects of patent preparation and prosecution for U.S. and international applications, including leading teams of patent attorneys to efficiently obtain high-value patent protection. Rayburn brings extensive technical knowledge and international legal experience, including the coordination of inbound U.S. national stage patent application filings for foreign corporations with global patent portfolios.

Bret Tingey, based in Raleigh, focuses his practice on patent preparation and prosecution for inventors in mechanical and electrical technology fields. He began his legal career with a specialty in IP litigation and wrote memos and briefs, including those for submission to the United States Supreme Court. He primarily focuses on patent preparation and prosecution, applying his litigation experience to every patent that he drafts or prosecutes.

Sora Ko, based in the Washington, D.C., metro area, is a law clerk specializing in patent preparation and prosecution before the USPTO. She has experience in different aspects of patent prosecution, including assisting with the preparation and prosecution of patent applications related to computer software, telecommunications, networking devices, and mechanical devices. Ko previously served as Editor-in-Chief of The University of Richmond Law Review and worked as a summer associate at Harrity & Harrity before joining the firm full-time.

Abigail Troy based in the Washington, D.C., metro area, joins Harrity as a law clerk specializing in the preparation and prosecution of patent applications with a focus on computer hardware and software, telecommunications, computer networking, business methods, and consumer products. She is a former Primary Patent Examiner at the USPTO, where she worked for nearly a decade examining patent applications directed to mechanical devices, including jewelry and fasteners. Troy also worked as a training assistant in the Patent Training Academy and as a technology center trainer in TC 3600.

Littler has launched an initiative to advance nonbinary gender inclusiveness within the firm, according to a release from the firm.

Internally, the firm is providing resources to employees that outline suggested practices for handling matters that involve nonbinary individuals whose gender identities are beyond the two categories of “male” or “female.” Gender-based pronouns will be eliminated from human resources documents, including handbooks, and employees will have the option of choosing a nonbinary identifier in the firm’s internal HR system. In addition, the firm is standardizing email signature blocks including the addition of a voluntary option to include preferred-pronoun identification.

Additionally, marketing collateral and other external materials will be made gender-neutral.

“An important part of gender identity is the pronouns we choose. By being mindful of others’ preferred pronouns and by proactively sharing our own preferred pronouns, we can help to ensure that we respect one another’s gender identity and avoid misgendering people,” said Tom Bender and Jeremy Roth, co-managing directors of Littler, in a joint statement. “In conjunction with broader efforts as part of our commitment to diversity and inclusion, we’re confident that these initial steps will further foster a more welcoming and inclusive environment for our employees and clients.”

Chris Camillone and Rachel Mathisen have joined Weisbart Springer Hayes LLP as associates in the firm’s Austin office.

In a release, the firm said Camillone has experience in a range of commercial litigation and family law matters, including trials and arbitrations involving breach of contract claims, securities-related claims and other financial disputes, and child custody.

He received his law degree from The University of Texas School of Law, where he served for two years as an editor for the Texas Review of Entertainment & Sports Law. While earning his undergraduate degree from The University of Texas, he was team captain of the Longhorn Tennis Team and was an NCAA All-American & NCAA Championship Doubles Finalist.

Prior to joining the firm, Camillone was an associate at Austin-based Duggins Wren Mann & Romero LLP.

Mathisen advises clients in all aspects of employment and trade secret law and has represented companies in commercial litigation disputes involving claims of discrimination, harassment, retaliation, breach of restrictive covenants, and related issues in state and federal courts.

She earned her law degree from The University of Texas School of Law, where she served as Chief Notes Editor of The Review of Litigation. During law school she served as clerk for the Travis County District Attorney’s Office in Texas and the Boulder County District Attorney’s Office in Colorado and was a judicial intern for the U.S. District Court for the Western District of Texas in San Antonio. She received her undergraduate degree from Trinity University.

Prior to joining the firm, she was an associate at Wilson Sonsini Goodrich & Rosati PC in Austin, and Bell Nunnally & Martin LLP in Dallas.

As the launch date approaches for the California Consumer Privacy Act (CCPA) on Jan. 1, 2020, Exterro has published a white paper designed to help legal departments keep their organizations’ privacy processes defensible, and minimize the risk of violating new privacy laws.

The white paper can be downloaded from Exterro’s website at no charge.

The launch of the CCPA means that consumers have more information and control over a business’s data practices, which creates challenges for businesses, mostly: Do they have their arms around their data? Do they understand where it lives within in their organization, and where it’s shared?

The paper breaks down the key questions that arise in keeping an organization’s privacy processes defensible, such as:

• The final “checklist” questions that you should be asking about your organization’s data preparedness
• Tips for breaking down the elements of the CCPA into actionable processes
• Tips for maintaining a trim data inventory

Download the white paper.