In a much-awaited and pivotal decision in the PG&E chapter 11 proceeding, the U.S. Bankruptcy Court for the Northern District of California held that it not only has exclusive jurisdiction over the rejection of wholesale power-purchase agreements, but that the Federal Energy Regulatory Commission has no such jurisdiction and any determinations by FERC to the contrary would be void, according to Holland & Hart.

“While the decision might not be surprising to most bankruptcy practitioners, the proposition that FERC has no jurisdiction over the breach or modification of a power-purchase agreement is not only shocking to energy practitioners, but contrary to well-established authority in the energy arena,” the firm said on its website.

Read the article.

Business owners often fail to carefully review the pre-printed sections of contracts to know what the contract actually says, warns Nancy Park in an article for Best Best & Krieger. The form may include terms that were not intended or conflict with the parties’ intent.

“Reading just the filled-in blanks for key monetary or timing terms may result in unintended consequences,” Park explains. “Also, the form user should beware that the party who drafted it may have included clauses favorable to that party. For instance, a broker-drafted form may include payment protections for that party, even though a buyer and seller are the intended actual signing parties to the contract.”

Read the article.

Morgan Lewis’ Tech & Sourcing blog has a new post that focuses on how customers in outsourcing deals handle the disposition of legacy third-party contracts—one of the thorniest and most work-intensive work streams—once diligence has concluded.

The post discusses commonly used disposition categories, factors to consider when applying the dispositions, financial impact, and postsigning changes.

Read the article.

A court recently ordered the seller of a car wash property in New Jersey to fully remediate previously undiscovered environmental contamination at the property in accordance with its contractual obligations, according to a post in the Riker Danzig Environmental Law Blog.

Jaan M. Hause explains in the post that “the seller could have more carefully crafted the language of the rider to limit its remediation obligations. Unfortunately for seller, the language in the rider obligating seller to remediate was extremely broad, and thus exposed seller to additional, costly liabilities that it did not intend to assume.”

Read the article.

By explicitly listing sexual harassment within the definition of “cause” for dismissal in an executive’s employment agreement, a company can avoid paying out hefty benefits to potentially bad actors, advises Ashley K. Pittman in Hutchison PLLC’s employment law blog.

“This can have a big impact,” she writes. “In addition to the direct economic effects and the ability to terminate someone to preserve and strengthen your corporate culture, your company can potentially avoid the public perception that the departing executive was somehow rewarded for bad behavior.”

Read the article.

The Houston Chronicle reports the U.S. Securities and Exchange Commission is investigating Houston-based SAExploration Holdings for allegedly providing “material misstatements” and misleading financial information to its investors and to the federal agency over the past four years, according to documents filed by the company with the SEC.

In the new SEC documents, the Houston-based international oilfield services company reported that it has fired its general counsel, who also served as its chief financial officer, and has removed its chairman and chief executive officer.

The ex-GC is Brent Whiteley, who had been an executive at SAExploration since March 2011 and also held the title of chief financial officer. Long-time chairman and CEO Jeff Hastings has resigned from the board and has been placed on administrative leave.

Read the Houston Chronicle article.

The Washington Post reports that the National Rifle Association shook up its legal team Thursday and severed ties with its longtime outside counsel, intensifying a civil war that has upended the influential gun rights lobby.

The group dismissed prominent Washington attorney Charles Cooper, and another outside counsel, Michael Volkov, resigned, an NRA spokesman said.

The New York Times reports that Cooper had been aligned with former NRA president Oliver North in a contest with chief executive Wayne LaPierre. Cooper had been charging the group $1,350 an hour, the Times reports.

Read the Post article.

Breaking with eight other circuits, the Seventh Circuit ruled Wednesday that the Federal Trade Commission lacks authority to seek restitution from companies that defraud consumers, and vacated a $5 million judgment against a credit-monitoring company, reports Courthouse News Service.

The case involves a lower court’s imposition of $5 million in restitution from the target of an FTC action. Regulators said Michael Brown and his company, Credit Bureau Center, offered consumers “free” credit reports and then automatically enrolled them in a $29.94 monthly membership to a credit-monitoring service without notice.

Section 13(b) of the Federal Trade Commission Act authorizes the FTC to seek restraining orders and injunctions, but not specifically restitution, writes Courthouse News’ Lorraine Bailey.

Read the Courthouse News Service article.

The Legal 500 United States 2019 Guide recognized nine attorneys resident in the Texas offices of global law firm Greenberg Traurig, LLP.

• Christopher L. Bell (Houston) – Environmental Litigation; Environmental Regulatory
• Joseph F. Coniglio (Dallas) – Healthcare: Service Providers; Healthcare: Health Insurers
• Karl G. Dial (Dallas) – Dispute Resolution: Securities Litigation – Defense
• William Garner (Houston) – Energy Transactions: Oil & Gas; Energy Regulation: Conventional Power
• Shari L. Heyen (Houston) – Finance: Restructuring (including Bankruptcy) – Corporate
• Michael L. Malone (Dallas) – Healthcare: Service Providers
• Dwayne L. Mason (Houston) – Intellectual Property: Trade Secrets (Litigation and Non-Contentious Matters)
• Alicia Sienne Voltmer (Dallas) – Labor and Employment: Labor – Management Relations; Disputes (including Collective Actions) – Defense; Workplace and Employment Counseling
• Dale Wainwright (Austin) – Dispute Resolution: Appellate

Read more information.

ContractWorks has published a guide to recognizing, establishing, and monitoring the most important key performance indicators for corporate agreements.

“Using KPIs to Measure Contract Management Performance” is available for downloading from ContractWorks’ website at no charge.

This publication can provide guidance on creating effective KPIs for key contracting areas, discussing steps for successfully presenting objectives and KPIs, using KPIs to actively monitor SMART objectives, and discussing tips for getting started and ensuring success.

Download the guide.

Five attorneys with personal injury and commercial litigation firm Sommerman, McCaffity, Quesada & Geisler have earned selection to the 2020 edition of The Best Lawyers in America.

Sean McCaffity made the Best Lawyers list for the first time based on his work in bankruptcy and creditor-debtor rights as well as insolvency and reorganization law. Andrew B. Sommerman, George (Tex) Quesada, Laura Benitez Geisler and Al Ellis, of counsel, earned honors for their personal injury litigation work for plaintiffs. Mr. Sommerman earned additional recognition for his work in commercial litigation.

The Best Lawyers in America annual legal guide selects leading lawyers in various practice areas based on peer evaluations submitted by lawyers nationwide. The complete 2020 Best Lawyers in America edition is available online at http://bestlawyers.com.

The Dallas-based firm works in personal injury and commercial litigation, with attorneys having earned professional honors from notable legal industry ranking services, such as Texas Super Lawyers and Best Law Firms. The legal team has more than 100 years of combined legal experience, the firm said in a release.

Three Provost Umphrey attorneys have been named Lawyer of the Year for their respective practice groups and geographic region as part of the Best Lawyers in America 2020 honors.

Equity partner Bryan O. Blevins Jr. earned this distinction for his work with mass tort litigation and class actions on behalf of plaintiffs, with additional honors for plaintiffs’ personal injury and product liability litigation. Equity partner David P. Wilson also earned Lawyer of the Year honors for his work in personal injury litigation with plaintiffs. Attorney Darren L. Brown received Lawyer of the Year recognition for plaintiffs’ product liability litigation, with additional recognition for plaintiffs’ personal injury litigation. The attorneys are based in Beaumont, Texas.

For a fifth consecutive year, all of Provost Umphrey’s equity partners earned placement to the Best Lawyers in America listing. Edward Fisher, Joe J. Fisher II, D’Juana Parks, and James E. Payne received honors for their work with plaintiffs in personal injury litigation and product liability litigation. Joe Fisher earned additional recognition for his mass tort and class actions litigation work on behalf of plaintiffs.

Additional Provost Umphrey attorneys honored by Best Lawyers in 2020 for their plaintiffs’ litigation work include:

Guy G. Fisher: Product Liability
W. Michael Hamilton: Labor and Employment
J. Keith Hyde: Personal injury and Product Liability
Christopher T. Kirchmer: Mass torts, Class Actions, Personal Injury and Product Liability
Matthew C. Matheny: Mass Torts, Class Actions and Personal Injury
Colin D. Moore: Personal Injury and Product Liability
Ronnie Turner Jr.: Personal Injury and Product Liability

The firm also received special recognition in the “Top-Listed Awards” for having more recognized lawyers than any other firm in Texas in plaintiffs’ personal injury litigation, product liability litigation and mass tort litigation/class actions.

The Best Lawyers in America is recognized as one of the leading guides to the U.S. legal profession. Surveys from tens of thousands of attorneys nationwide are used to compile the rankings of the nation’s top lawyers in various practice areas.

Insurance coverage and litigation attorney Meloney Perry has earned a place in the 2020 edition of The Best Lawyers in America for her work in insurance law and insurance litigation.

The nation’s oldest peer-review guide has recognized the Dallas attorney and founder of Perry Law P.C. for a second consecutive year. Perry is an insurance lawyer who serves as the primary regional attorney for a major national insurance carrier. She also represents companies involved in insurance and business disputes throughout Texas, New Mexico and Colorado.

Perry is a frequent presenter at legal seminars that focus on insurance coverage, bad faith matters and the law and has taken a leadership role within the State Bar of Texas. She is the immediate past vice chair of the Council of Chairs Committee and is a former chair of the Insurance Law Section.

The Best Lawyers in America is a legal guide developed through a process of independent nominations followed with voting by current Best Lawyers honorees in the same practice areas and geographic regions. Editors make the final selection after careful review.

Thirteen lawyers with Texas-based family law firm Orsinger, Nelson, Downing & Anderson, LLP, earned selection to the 2020 edition of Best Lawyers in America, the nation’s oldest peer-review guide to the legal profession.

Name partners Richard R. Orsinger, Keith M. Nelson, R. Scott Downing and Jeff O. Anderson were recognized for their work in family law. Orsinger also earned honors for his appellate work. Anderson earned additional recognition for his family law arbitration practice.

Also earning family law recognition are partners William M. Reppeto III, Brad M. LaMorgese, Amber Liddell Alwais, Paula A. Bennett, Lon M. Loveless, Paul Hewett, Chris Oldner, Holly Rampy Baird, and of counsel James M. Loveless. LaMorgese earned additional honors for his appellate practice, and Bennett also was recognized for her family law mediation work.

The law firm of Thompson & Knight LLP advised Stabilis Energy, LLC in connection with a share exchange transaction with American Electric Technologies, Inc. pursuant to which Stabilis Energy, LLC and its subsidiaries became wholly-owned subsidiaries of AETI and the former owners of Stabilis and its subsidiaries acquired control of AETI.

Immediately following the closing of the transaction, AETI changed its name to Stabilis Energy, Inc. Stabilis Energy, Inc. is a vertically integrated provider of small-scale liquefied natural gas production, distribution, and fueling services headquartered in Houston.

Going forward, the combined company will operate under the name Stabilis Energy, Inc. and its common stock began trading on the Nasdaq Capital Market under the ticker symbol “SLNG” on July 29, 2019.

The Thompson & Knight team assisting Stabilis was led by partners C. Walker Brierre Jr. and Stephen W. Grant Jr., and of counsel Jerry L. Metcalf with assistance from partners Roger D. Aksamit, Anthony J. Campiti, John R. Cohn, Jason Patrick Loden, James C. Morriss III, Micah R. Prude, and Timothy T. Samson; of counsel Alan P. Baden; and associates Heath C. DeJean, Kelsie Haaland, Dasha K. Hodge, Murtuza Hussain, Emily W. Miller, David J. Rusk, and D. Alexander Witschey.

Foley & Lardner announced that Jamie Class has joined the firm’s Business Law Department and Finance Practice Group as a partner in its Boston office.

In a release, the firm said Class has more than 20 years’ experience representing U.S. and global clients as issuers of and investors in debt instruments in a wide variety of debt financing and restructuring transactions. She works with clients in a range of industries, including financial services, real estate investment, life sciences, high-tech, emerging energy technology, health care, retail and manufacturing.

The firm said Class has worked with multiple parties to close syndicated secured and unsecured credit facilities, private placements and public offerings of securities, second lien notes, tender offers, exchange offers, consent solicitations, project finance transactions, tax-exempt bond financings, acquisition financings, venture debt and convertible notes, and mezzanine financings. In addition to traditional finance, Class has derivative/swap experience, and more general note purchase agreement and private placement lending experience.

In the past year alone, Class has helped close transactions totaling in excess of $10 billion. Her experience includes representing a publicly traded company in securing committed financing for an acquisition through the issuance of credit agreement debt and a tranche of notes. Class has also represented a client in the purchase and sale of royalty interests, has closed several rounds of senior, junior and mezzanine investments, and has advised clients on London Interbank Offered Rate (LIBOR) transition matters and debt agreement provisions.

Class joined Foley from Wilmer Cutler Pickering Hale and Dorr LLP in Boston, where she was a member of the Corporate Practice Group. She received her BA from Hampshire College and her JD from Harvard Law School, from which she graduated cum laude.

Mark Yacura has joined Michael Best’s Washington, D.C. office as partner and will focus his practice FDA Regulatory matters. Previously, Yacura was a partner at Quarles & Brady LLP.

In a release, the firm said Yacura provides counsel and representation to his clients on a wide breadth of Food and Drug Administration (FDA)-related matters in connection with synthetic pharmaceuticals, biotechnology, diagnostics, medical devices, conventional foods, dietary supplements, and cosmetics. He regularly advises clients on the FDA approval and clearance process, regulatory compliance and enforcement issues, labeling, manufacturing and advertising claims and substantiation, due diligence, securities filings, collaboration licensing, and supply and clinical trial agreements, among other related matters.

In addition to his extensive work with the FDA, Yacura also handles matters before several other administrative agencies. This includes the Consumer Product Safety Commission, the Environmental Protection Agency, the Federal Trade Commission, and the National Advertising Division of the Better Business Bureau.

Yacura earned his J.D., cum laude, from the American University Washington College of Law, his M.B.A. from the University of Pittsburgh, and his B.S. in Pharmacy from Duquesne University.

Bradley Arant Boult Cummings LLP announced that Michael M. Aphibal has joined the firm’s Washington office as an associate in the Banking and Financial Services Practice Group.

The firm said Aphibal advises clients on regulatory issues affecting financial institutions, including banks, non-bank lenders, and insurance agencies. His work focuses on concerns surrounding the offering of consumer financial products and services, including licensing, employee compensation, loan origination and servicing, customer information sharing and privacy, consumer disclosures, telemarketing, and the sale of add-on products, particularly debt protection products. Aphibal is also experienced with insurance regulatory issues affecting producers, including insurance agency and broker licensing, producer compensation and associated disclosures, commission splitting and referral fees, anti-rebating, insurance advertising, and permitted charges for insurance, the firm said.

Prior to joining Bradley, Aphibal was an attorney at McIntyre & Lemon, PLLC.

Aphibal received his J.D. (cum laude) from American University, Washington College of Law and his Master of Laws (with distinction) in securities and financial regulation from Georgetown University Law Center. He also holds a Bachelor of Arts from Colgate University.

Trial lawyer David Bissinger, a founder of Houston-based Bissinger, Oshman & Williams LLP, earned recognition for his commercial litigation work in the 2020 listing of The Best Lawyers in America, the oldest U.S.-based legal guide.

In a release, the firm said Bissinger represents plaintiffs and defendants in jury trials and complex commercial arbitrations involving securities, corporate fiduciary, energy, technology, executive compensation, banking, and real estate disputes.

A former chairman of the Houston Bar Association’s Securities Litigation and Arbitration Section, Bissinger has been recognized on the Texas Super Lawyers list each year since 2009 and is AV-rated Preeminent by Martindale-Hubbell, the organization’s highest peer rating for legal skills and ethics. He also made the listing America’s Top 100 High Stakes Litigators for 2019. Drawing on his experience in the courtroom, he is a frequent writer and speaker on legal issues. His practice also includes work as an arbitrator in numerous commercial disputes.

As the oldest peer-review attorney guide in the country, Best Lawyers is also one of the most respected. Selection is based upon a comprehensive review of nominees by lawyers within the same geographical region who share a practice focus, with final selections made by the Best Lawyers research team.

Sommerman, McCaffity, Quesada & Geisler name partner Laura Benitez Geisler will serve as the honorary chair of the Denim & Diamonds event, organized by the Legal Hospice of Texas, an organization that provides timely and compassionate legal services to low-income residents living with HIV or other terminal illnesses.

The event will take place Sept. 7 at Gilley’s Dallas with casino games, a silent auction, food and beverages.

“Every person deserves access to legal representation and the work that is done by Legal Hospice of Texas is important to help serve the needs of people facing the extraordinary challenge of fighting terminal illness,” said Ms. Geisler. “I’m excited to be a part of this event, and I’m excited to raise awareness of this group’s mission.”

In a release, the firm said trial attorney Geisler, who represents people in wrongful death and personal injury cases, is also the current president of the Dallas Bar Association. Throughout her career, she has devoted considerable time to programs seeking to provide access to justice for low-income Dallas County residents, including raising more than $1 million as a co-chair for the Equal Access to Justice Campaign, which benefits the Dallas Volunteer Attorney Program, the firm said.

“We are honored to have Laura as our honorary chair for this year’s Denim & Diamonds event,” said Kimberly Gonzalez, who serves on the Board of Directors for Legal Hospice of Texas. “We share the same commitment to serving people in our community.”

Legal Hospice of Texas has provided legal counsel, representation and advocacy since 1989. The organization helped 889 people in North Texas in 2018 and volunteers provided more than 2,300 hours of legal work. Volunteers include attorneys and paraprofessionals who donate legal services.