Hertz Global Holdings has filed a lawsuit against its former general counsel and some other former managers after they refused to pay back at least $70 million in incentive compensation for their roles in an accounting scandal five years ago, reports The Global Legal Post.

The company accused the former executives of pressuring employees to use fraudulent accounting techniques to inflate income and earnings, according to a March 25 lawsuit.

Former general counsel Jeffrey Zimmerman has refused to return incentive compensation tied to the erroneous accounting results.

Read the Global Legal Post article.

Maryanne Trump Barry’s quiet retirement earlier this year from a federal appeals court short-circuited a judicial ethics investigation, allowing the president’s older sister to dodge potentially serious consequences such as loss of full retirement benefits, reports Bloomberg Law.

The former Third Circuit judge faced the civil probe into whether she and her siblings, including her brother Donald, benefited from alleged tax schemes linked to her late father, according to Bloomberg’s Melissa Heelan Stanzione. Four complaints of judicial misconduct were filed in October of 2018. At the time, Barry, now 82, was semi-retired and not hearing cases.

“The treatment of her case is not without recent precedent, and raises questions about a loophole in the conduct code for federal judges that allows them to avoid scrutiny by stepping down,” writes Stanzione.

Read the Bloomberg Law article.

Estes Thorne & Carr has earned a place on the 2019 BTI Client Service A-Team List.

Selection is reserved for firms and individuals that go above and beyond on the promise of outstanding client service. Attorneys cannot self-nominate, self-refer, or pay to be included. Selection to the list is based solely on unprompted feedback from GCs through in-depth telephone interviews.

In addition, firm founder Dawn Estes was singled out with a place among the BTI Client Service All-Stars, an elite group of just 335 attorneys nationwide.

Read about the award.

Dallas-based Fears Nachawati announced the addition of three new attorneys.

Misty Farris has a background as an appellate and legal briefing attorney and works with the firm’s pharmaceutical and medical device litigation.

Ann Saucer is a litigator with experience in consumer protection, class-actions, environmental law, toxic torts, and pharmaceutical litigation.

Amy Shahan briefs substantive trial court motions and responses and litigates claims on behalf of victims who have used or been exposed to toxic substances, defective products, and pharmaceuticals.

Read more about Fears Nachawati.

Seven new attorneys have joined Roetzel & Andress LPA in offices across Ohio and Florida, the firm announced in a release.

The firm’s new attorneys are shareholder David W. Woodburn and associate Steven Howard Roth, both based in Cleveland; of counsel Christopher W. Tackett and associate Daniel B. Waters, both based in Columbus, Ohio; of counsel Garey F. Butler and associate Ashley S. Suarez, both based in Fort Myers, Fla.; and Akron-based associate Michelle R. Reese.

Butler, Suarez and Reese joined Roetzel’s Real Estate Group.

Cleveland Attorneys

A member of Roetzel’s Corporate, Tax & Transactional Group, as well as the Estate Planning Team, Woodburn focuses his practice on estate planning law, with an emphasis on business succession and asset protection planning. Prior to joining the firm in late January, Woodburn was chair of the Trusts & Estates Practice Group at Buckingham, Doolittle & Burroughs, LLC. Woodburn received his J.D. from the University of Akron School of Law. He also holds a Master of Business Administration from the University of Akron and a Bachelor of Science from the University of Miami.

Also a member of the Corporate, Tax & Transactional Group, Roth focuses his practice in the areas of corporate/business transactions; real estate; intellectual property; and sports, media and entertainment law. Prior to joining Roetzel in January 2019, he worked for several private and public businesses and organizations, including as in-house counsel for a private equity company and as a legal consultant for a multi-billion-dollar steel company. He also has worked for multiple professional sports teams, including NFL and NBA franchise teams, governing bodies, and sports agencies. Mr. Roth received his J.D. from Case Western Reserve University School of Law. He also holds a Master of Business Administration and a Bachelor of Arts (cum laude), both from Case Western Reserve University.

Columbus Attorneys

Tackett represents businesses in commercial contract litigation and business disputes, employment litigation and compliance matters, and various types of administrative litigation. He primarily handles commercial litigation matters involving contract disputes between businesses, contentious business breakups, claims for misappropriation of trade secrets, and disputes regarding alleged non-solicitation or non-compete violations between businesses and their former partners or associates. Prior to joining Roetzel in March, Tackett was an attorney at Nordone Limited. He also previously was an attorney at Murray & Murray Co., L.P.A. Mr. Tackett received his J.D. from Ohio Northern University Pettit College of Law and he currently is working toward a Master of Laws at Capital University Law School. He also holds a Bachelor of Arts from Ohio University.

Waters focuses his practice on tax law. Prior to joining Roetzel in April, he was an attorney at a real estate development company. He also formerly practiced at Grey Jones & Associates and Nardone Limited. Waters received his J.D. from Charleston School of Law, his Master of Laws in taxation from Boston University School of Law, and his Bachelor of Arts from the University of North Carolina at Chapel Hill.

Fort Myers Attorneys

Butler assists clients in real estate, general corporate and probate matters. In his real estate practice, he represents business and individual clients in all aspects of commercial and residential real estate, and in industries that include retail, healthcare, banking and hospitality. Prior to joining the firm in early January, Butler was a shareholder at Buchanan Ingersoll & Rooney PC. He received his J.D. from the University of Oregon School of Law. He also holds a Master of Laws in taxation from the University of Florida Levin College of Law and a Bachelor of Arts from Emory University.

Suarez focuses her practice on real estate law with an emphasis on residential and commercial transactions, real estate development, and commercial leasing. Prior to joining Roetzel in December 2018, she was an attorney at Zampogna Law Firm. Suarez received her J.D. from Ave Maria School of Law and her Bachelor of Science from Florida State University.

Akron Attorney

Reese concentrates her practice on commercial real estate transactions, with an emphasis on financing, conveyances, and condominium and association matters. Prior to joining Roetzel in January, Reese was an attorney at Singerman, Mills, Desberg & Kauntz Co., L.P.A. Before law school, she worked as an environmental health and safety technician, assisting a variety of corporations and manufacturers with environmental health and safety matters. Reese received her J.D. from Case Western Reserve University School of Law. She also holds a Bachelor of Science from the University of Findlay and an Associate of Science from the University of Akron.

Finance lawyer Leslie A. Plaskon has joined Sidley Austin LLP as a partner in its Global Finance practice in New York. One of several recent additions to Sidley’s New York office, Plaskon joins from Paul Hastings LLP, where she was a partner.

In a release, the firm said Plaskon represents alternative lenders, investors, traditional banks and investment banks, as well as borrowers in connection with complex finance transactions, cross-border matters and intercreditor arrangements. She also has experience with distressed situations, debt restructurings and bankruptcy matters, including debtor-in-possession and exit financing facilities, and Chapter 11 plans, having advised clients in Chapter 11 cases and out-of-court restructurings and workouts.

Quarles & Brady LLP announced the expansion of its Intellectual Property Group with the addition of four patent attorneys.

Kris Fredrick, previously the general counsel and IP counsel for Honeywell International Inc.’s Laboratories, joins the firm’s Minneapolis office. Tolga Gulmen, Ph.D and Tambryn VanHeyningen, Ph.D join the firm’s Madison office and M. Scott McBride, Ph.D joins the Milwaukee office.

In a release, the firm said it has now added two dozen IP attorneys and professionals across the country since the beginning of 2018.

Kris Fredrick, partner, helped develop and manage the expansive international IP portfolio of Honeywell, a global leader in technology, software, and manufacturing. Over his 20-year career, Fredrick has developed experience in the implementation of portfolio development, growth, licensing and expansion opportunities. He has attained a global perspective regarding patent prosecution, IP enforcement, M&A IP due diligence, and the assessment of strategic partnerships and alliances. His industry sector knowledge spans space, aviation, commercial and residential buildings, industrial automation and control, sensors, cybersecurity, and process control technologies. Fredrick received his B.A. from Gustavus Adolphus College and his J.D. from William Mitchell College of Law.

Tolga Gulmen, Ph.D, of counsel, is experienced in drafting, prosecuting, managing and licensing patent portfolios. He works with a wide range of sophisticated technologies in the areas of chemical sciences, nanotechnology, life sciences and biotechnology, engineering, and software. Earlier in his career, Gulmen founded a law firm focused on university technology transfer offices and startups and served as a faculty member at the University of Wisconsin School of Law, supervising students providing intellectual property and business legal services to entrepreneurs. He received his B.S. from the College of William & Mary, his Ph.D. from the University of Wisconsin, Madison, and his J.D. from the University of California, Berkley, School of Law.

M. Scott McBride, Ph.D, partner, focuses on domestic and international patent prosecution and enforcement. He provides counseling and opinion work related to freedom-to-operate, non-infringement and patent invalidity. McBride leverages his experience as a research scientist and has worked for university technology transfer offices, small startups and large research companies. He received his B.S. from Colorado State University, his Ph.D. from the University of Wisconsin, Madison, and his J.D. from Marquette University Law School.

Tambryn VanHeyningen, Ph.D, partner, focuses on domestic and international patent prosecution, licensing, and portfolio development and management. She also provides strategic counseling regarding patentability, freedom-to-operate, non-infringement and invalidity opinions. VanHeyningen’s practice has a particular emphasis on life sciences, chemistry and biotechnology, where she can leverage her experience as a research scientist working in the fields of microbiology, immunology, and mechanisms of disease. She received her B.A. from Kalamazoo College, her Ph.D. from Washington University School of Medicine, and her J.D. from Washington University School of Law.

Former law firm leader Gordon Caplan is set to plead guilty in the college admissions bribery scandal, the U.S. Attorney’s Office for the District of Massachusetts said Monday.

Yahoo, citing a story from ALM, reports that Caplan, the former Willkie Farr & Gallagher chairman, announced his intention to plead guilty last week.

In a copy of his plea deal posted online Monday, Caplan and the prosecutors agree that his guidelines offense level is 11, which translates to a recommended term of 8 to 14 months in prison for someone with no criminal history.

The government is recommending a term at the lower end of that range, but the court will consider other factors in the ultimate sentencing calculation. Prosecutors also agreed to recommend a year of supervised release and a $40,000 fine.

His former firm announced that Caplan “is no longer a partner of Willkie Farr & Gallagher LLP.”

“Mr. Caplan’s departure is a result of his involvement in the college admissions matter and his recent statement regarding his intent to plead to a criminal charge,” the firm said.

Read the article on Yahoo.

SeaWorld Entertainment’s former associate general counsel, who was fired last October, pleaded guilty Tuesday to a federal charge of insider trading that allowed him to make nearly $65,000 from a stock sale last year, The San Diego Union-Tribune reports.

Paul B. Powers, 60, entered his plea before a U.S. district judge in Florida. Sentencing has not yet been determined, writes the Union-Tribune‘s Lori Weisberg.

The U.S. Securities and Exchange Commission said that it had also charged Powers with insider trading based on confidential information he received that SeaWorld’s revenue would be better than anticipated for the second quarter of 2018.

Read the Union-Tribune article.

The Cook County Record is reporting that a county judge has ordered more than $1 million in sanctions and penalties against a lawyer and his client in connection with a litany of legal actions against a condo association.

The lawyer is John Xydakis, a Chicago real estate lawyer. He represented Marshall Spiegel, who sued the 1618 Sheridan Road Condominium Association. On Feb. 8, 2018, Judge Margaret Ann Brennan denied Spiegel’s request to file a 99-count, 223-page fifth amended complaint and later that year denied his motion to reconsider that ruling, writes Scott Holland.

The judge’s order noted “Xydakis filed claims against nearly every resident” of the condo and “without any factual basis … alleged serious offenses, including theft, slander, harassment and stalking.” She said the claims they brought “have no basis in law or fact.”

Read the Cook County Record article.

The National Association of Corporate Directors will present the 2019 Strategic-Asset GC event, taking place Tuesday, June 11, at the Metropolitan Club in New York City.

The event will feature an expert panel that will include former U.S. deputy attorney general Sally Yates. Participants will learn about revisions being made to the Yates Memo and how those revisions will apply to board members specifically. The discussion will also include information about legal blind spots that general counsel and directors need to be aware of, as well as a poignant discussion around the bigger picture of corporate responsibility and culture.

Learn more and register.

Berkeley Law professor Amelia Miazad will analyze how the #MeToo movement has impacted foundational aspects of corporate governance when Berkeley Boosts presents a free webinar on April 23, 2019, at 10 a.m. Pacific time. MCLE credit will be available.

Those aspects to be discussed include board composition, how the board oversees risk, CEO selection and compensation, and M&A deals.

Berkeley Boosts is a monthly series of free webinars (with MCLE credit) and articles for legal practitioners and organizational leaders. Berkeley Boosts content is curated by the Berkeley Center for Law and Business and Berkeley Law Executive Education.

Register for the webinar.

Past Berkeley Boosts webinars have covered a range of topics, including:

The Wild World of Class Actions
March 20, 2019
Presenters: David Singh, Partner and Hannah Jones, Associate at Weil

The Rise of the Committee on Foreign Investment in the United States (CFIUS)
February 26, 2019
Presenter: Mario Mancuso, Kirkland & Ellis (formerly Under Secretary of Commerce for Industry and Security)

Blockchain Explained
January 22, 2019
Presenters: Ian Lee, IDEO CoLab, and Nancy Wojtas, Cooley LLP

To access recordings of these presentations, as well as receive notice of upcoming webinars, sign up for the mailing list.

A post on the website of Baker McKenzie discusses what a general counsel should consider when looking at a contract for cloud and AI services.

“As cloud-based software will continuously change, the user cannot easily prove that certain functionality used to work fine, but is no longer available or working. For this reason it makes sense to check whether the key features are (or can be) described in a document and to refer to that description in the agreement,” according to the post.

The discussion covers moving to another provider, verification that everything is in check, and spelling out the right restrictions on use of data.

Read the article.

Barry Goheen has joined FisherBroyles, LLP as a commercial litigation partner in its Atlanta office.

In a release, the firm said Goheen, with more than 25 years of experience, focuses his practice on consumer class actions, credit-related financial products and services, data breach and privacy litigation, and complex litigation. He has served as lead or co-counsel in over 50 class actions in all areas of the law, including antitrust, financial products and services, securities fraud, consumer protection, privacy/data breach, and product liability and general commercial disputes in state and federal courts.

Prior to joining FisherBroyles, Goheen practiced at King & Spalding LLP for more than 22 years, and was a partner with the firm for more than 16 years.

Goheen received his J.D. from Vanderbilt Law School and his Bachelor of Arts from Vanderbilt University.

Dallas-based trial lawyer Mark Werbner has joined Winston & Strawn LLP in the firm’s Dallas office. Werbner, co-founder of the Dallas litigation boutique Sayles Werbner, will be a partner in the firm’s Complex Commercial Litigation practice.

“If we were the so-called ‘Dream Team’ before, then adding Mark makes us dream-plus-one,” said Winston & Strawn Dallas Managing Partner Tom Melsheimer. “He’s just that good at what he does, and we are extremely fortunate to have him come join us.”

“When we opened the Dallas office two years ago, we were determined to bring in only the very best talent to be a part of our team,” said Winston & Strawn Chairman Tom Fitzgerald. “Mark Werbner fits that bill. He is an outstanding lawyer, and we look forward to working with him.”

Werbner, who is board certified in both Criminal Law and Civil Trial Law by the Texas Board of Legal Specialization, has tried more than 150 jury cases, many of which involved cutting-edge legal theories and very substantial stakes. He is a fellow of the American College of Trial Lawyers and in the International Society of Barristers, as well as an advocate in American Board of Trial Advocates.

“This was just the right opportunity at the right time—a time in my career where it made sense to go a different way,” Werbner said. “I’m very excited about the opportunity to work with Tom and the other lawyers in Dallas and the Winston team globally.”

Barnes & Thornburg has added William Lewis as a partner in the firm’s Real Estate Department in Chicago. Lewis, who was previously at Reed Smith LLP, is the tenth partner to join the firm’s Chicago office in just over a year.

In a release, the firm said Lewis advises privately held businesses and individuals on legal and business issues across the real estate spectrum, but with a particular focus on office, industrial and retail: leasing; acquisition and disposition; and sale/leasebacks. He also regularly acts as project manager, facilitator, counselor, sounding board, problem solver, and issue spotter for his clients who require business-based legal skill, often involving other firm resources whenever appropriate.

Lewis has handled office, industrial, and leasing matters throughout the United States, Canada, and Mexico, and in Asia, Australia and Europe, the firm said.

Over the course of his career, Lewis has acquired and disposed of more than $700 million in commercial properties, many of which contained significant environmental issues. He also regularly counsels clients on the sale and leaseback of their real estate holdings, often focusing on “bet-the-company” transactions, according to the release.

Lewis provides pro bono services to several nonprofit organizations, which have included Habitat for Humanity, Housing Opportunities and Maintenance for the Elderly (H.O.M.E.) and UCP Seguin of Greater Chicago (f/k/a United Cerebral Palsy of Greater Chicago).

Lewis earned his J.D. from the Gonzaga University School of Law, and his B.S. from Marquette University.

Law firms are facing choices about how to grapple with the fact that many Baby Boomer lawyers—the massive generation born between 1946 and 1964—aren’t looking to leave their practices anytime soon, reports Bloomberg Law.

“Some firms have mandatory retirement ages and other limits on attorneys’ practices after a certain juncture. But plenty of them don’t,” points out Bloomberg correspondent Elizabeth Olson. “Whether to mandate retirement is complicated for law firms looking to continue positive relationships with longtime partners, while at the same time ensuring those partners’ client relationships are passed smoothly along to the next generation.”

 Read the Bloomberg Law article.

During his five years as Halliburton’s top lawyer, Robb Voyles has won two cases at the U.S. Supreme Court, successfully concluded a nine-figure tax dispute with its former KBR subsidiary and convinced the U.S. Securities and Exchange Commission to end its investigation of the company without a fraud finding.

Mark Curriden of the Texas Lawbook, writing for the Houston Chronicle, profiles the chief legal officer, one of the most senior and respected executives at Halliburton and widely recognized as a leader of the legal profession.

Just three weeks ago, Voyles won what may have been his sweetest victory yet — and it involves the first case that brought Voyles to the attention of Halliburton executives, Curriden writes. Chief U.S. District Judge Barbara Lynn of Dallas officially dismissed the final remnants of a nearly two-decade-old securities class-action lawsuit.

Read the Houston Chronicle article.

Bloomberg Law is reporting that a New York real estate lawyer was suspended for four months and ordered to undergo up to one year of counseling for aggressive litigation techniques.

Adam L. Bailey drew the sanction because he failed to apologize for his actions and because he had twice previously been admonished by the state attorney grievance committee for “excessively aggressive behavior while representing a client.”

Bailey’s conduct violated several state professional conduct rules, including threatening criminal charges solely to obtain an advantage in a civil matter and conduct that adversely reflects on counsel’s fitness as a lawyer, the court said.

Read the Bloomberg Law article.

The term “net royalty acre” is used by mineral and royalty buyers to price a mineral or royalty interest that is subject to an oil and gas lease. It is related to, but different from, a “net mineral acre,” explains John McFarland of Graves, Dougherty, Hearon & Moody in the firm’s Oil and Gas Lawyer Blog.

“Mineral buyers often make offers in terms of dollars per net royalty acre. If the recipient of the offer does not know for sure what she owns, it can be difficult to evaluate the offer,” he writes.

In the article, McFarland explains the difference between the two terms and provides formulas that can be used to calculate each one.

Read the article.