When  you prepare, review and/or sign settlement agreements you sometimes pay less attention than you should to the details of those “standard” releases, writes Charles Sartain in Gray Reed’s Energy & the Law blog.

He explains that Acme Energy Services, d/b/a Big Dog Drilling v. Staley et al. provide the lesson: Beware the boilerplate; before signing, consider what you actually are trying to accomplish.

“Lake Hills contracted to provide materials and services on oil and gas leases owned by Heritage. Big Dog and other subcontractors provided work and materials and invoiced Lake Hills,” Sartain explains. “Heritage stopped paying Lake Hills and Lake Hills stopped paying the subs, who then recorded statutory mineral property liens against Heritage, its leases, and the well. Each subcontractor sued Heritage to foreclose and for personal liability.”

He lists the five rules the court considered in the case and discusses the ruling.

Read the article.

In a podcast on the website of the University of Chicago Law School, consumer contract experts Omri Ben-Shahar and Florencia Marotta-Wurgler discuss several types of consumer contracts, enforceability of terms, and the potential consequences of agreeing to these terms without reading the fine print.

“Consumer contracts are everywhere,” they write in the introduction. “The number of contracts you enter into today may surprise you. Most of the contracts you enter into no longer involve a pen and paper. Purchasing a morning coffee, visiting a website, or scheduling a delivery are just a few daily transactions that more often than not include contract terms.”

Listen to the podcast.

U.S. contractors should proceed with caution when seeking to expand their footprint to an international stage, especially in developing countries where the local infrastructure may not promote a sustainable, stable environment, or a sustainable business model for the contractor, warns Rachael E. Stack in a website post for Faegre Baker Daniels.

But by considering three factors, contractors can mitigate exposure to the various risks involved in an international project.

Stack discusses the elements of contract form and language, governing law, and impact on the local community.

Read the article.

A Delaware court refused to reform a contract with clear language, finding the argument of a scrivener’s error unconvincing, write Scott E. Waxman and Douglas A. Logan for K&L Gates.

“While the Court noted that it found all of the parties’ testimony believable, the Court did not find clear and convincing evidence that a mistake was made in drafting the contract in question,” the authors explain.

They list the three elements that a party seeking reformation must clearly and convincingly prove.

Read the article.

Zapproved has published “A How-To Guide for Managing Discoverable Data” and made it available for downloading at no charge.

“Your organization’s data has value, but — even with the low unit cost of storage — you can’t afford the cost, or the risks, of storing it all forever,” the company says on its website. “On the other hand, you can’t delete all of your data without running afoul of regulatory and litigation-based retention requirements. Information governance is the key to bridging the gap between these two extremes.”

The guide breaks down the five key components that information governance shares with ediscovery and explains why the quality of your ediscovery depends on the quality of information governance. It covers data organization and management, record retention and its flip side, defensible deletion, data access and security, and the extraction and use of critical business data.

Download the guide.

The former general counsel of ExlService Holdings says in a lawsuit that she suffered from gender stereotyping in her job, illustrated by an order from the CEO that she serve cake to the company’s junior male employees at a company anniversary.

The Washington Post reports on the complaint, which says the CEO at that anniversary event singled out then-GC Nancy Saltzman as one of the “ladies” in the room, despite the fact that she was the most senior female executive at the company. The complaint says Saltzman was humiliated.

The complaint says the event was an example of gender stereotyping. The Post‘s Deanna Paul writes: “According to the complaint, [the CEO] ‘took steps to exclude her from career and advancement opportunities, subjected her to enhanced scrutiny, and micromanaged her’ in a manner her male equals were not.”

She complained to other executives about stereotyping, but she later was fired.

Read the Washington Post article.

The trial involving Hurricane Harvey-related claims from Houston-area property owners who were flooded by the water release from two U.S. Army Corps of Engineers reservoirs will begin on May 6, according to a post on the website of Androvett Legal Media & Marketing.

“We’re pleased that we can finally present the evidence to claim fair compensation for the residents whose property was flooded because of the government’s failures,” said Daniel Charest of Burns Charest LLP, co-lead counsel for the residents. “The Corps of Engineers knew its reservoirs and management plans would result in the flooding of private property, which is exactly what happened in August 2017.”

An estimated 8,000 to 10,000 homes and businesses flooded near government-run dams to the west of Houston. The plaintiffs allege the actions of the Corps of Engineers and its design of the reservoirs led to the flooding of their private property, resulting in an unlawful “taking” of land under the Fifth Amendment of the U.S. Constitution.

The Addicks and Barker reservoirs were built in the 1940s and 1950s. Over the years, the government allowed developers to build thousands of homes and businesses on land that the Corps knew was at risk of flooding, according to plaintiffs. During Harvey’s rains, some of these properties flooded from reservoir overflow, and others flooded when the Corps chose to release water to protect the dams.

The two-week bench trial is before the Court of Federal Claims but will take place in the federal courthouse in downtown Houston.

Facing an onslaught of lawsuits and a criminal investigation, Boeing announced the appointment of a newly created czar to oversee all legal matters arising from two deadly crashes of 737 MAX jetliners, reports The Seattle Times.

J. Michael Luttig, 64, a former federal appeals court judge who has served as Boeing’s general counsel since 2006, is now the new counselor and senior adviser to Boeing Chairman and CEO Dennis Muilenburg and the company’s board of directors, according to the Times Steve Miletich.

Dozens of lawsuits seeking monetary damages have been filed against Boeing in U.S. courts, alleging negligence on the part of the company. Statements indicate Boeing plans to take an aggressive stance in responding to civil allegations and any potential criminal accusations.

Read the Seattle Times article.

Bloomberg Law reports that a lawyer and his client didn’t pay more than $1 million in sanctions imposed by an Illinois judge for filing a “frivolous” lawsuit they’re appealing, prompting the judge to approve a bond to pay the sanctions that must be posted no later than May 9.

Bloomberg’s Stephen Joyce writes that Judge Margaret Ann Brennan imposed sanctions totaling $1,061,623 against Marshall Spiegel and his lawyer, John Xydakis, in a case involving a condominium association. Spiegel and Xydakis had engaged in harassing behavior, the judge found.

Two adverse decisions and a November 2015 notice that their claim against  condo board member was not well grounded didn’t Spiegel and Xydakis from producing more filings and launching new lawsuits.

Read the Bloomberg Law article.

The Texas Senate adopted a resolution honoring firm founder and legal legend Walter Umphrey for his legal accomplishments and philanthropic service to Southeast Texas and on behalf of all Texans.

Senate Resolution No. 641, at the request of Sen. Kirk Watson, was approved unanimously on April 25, 2019.

“Walter Umphrey has had a profound impact on the legal profession in Texas, and it is truly fitting that he receive special recognition for his career and for his invaluable service on behalf of the men and women of this state,” the resolution states.

Texas SR641 highlighted Umphrey’s commitment to the law and his legal accomplishments including his work as lead counsel for the group of attorneys representing the state of Texas in the historic $15.3 billion settlement with the tobacco industry.

Umphrey’s many accolades and awards include “Legal Legend” by Texas Lawyer and “Top Texas Lawyers of the 20th Century.” Of special note were Mr. and Mrs. Umphrey’s philanthropic support of Baylor Law School, Lamar University the Beaumont community and his service on the Texas Parks and Wildlife Commission.

Thanking Senator Watson for carrying the resolution, Provost Umphrey partner Bryan Blevins said, “The Senate resolution is a noteworthy testament to Walter’s remarkable career and his dedication to the hard-working men and women of Texas.” In addition to the resolution, Mrs. Umphrey was presented with a gubernatorial proclamation and the flag flown over the capital in her husband’s honor.

Umphrey grew up in Port Arthur and graduated from Baylor Law School. Provost Umphrey Law Firm is celebrating its 50th Anniversary this year.

Akerman LLP announced its expansion in Texas with the addition of Ryan Beard, a first-chair patent litigator.

In a release, the firm said Beard practices intellectual property law and has experience in the areas of medical devices, mechanical devices, automotive products, computer equipment, other technology related to the internet and data, and copyrights and trademarks.

Since 2016, Akerman’s headcount has more than doubled in Texas to 66 lawyers and business professionals in Austin, Dallas, Houston, and San Antonio. Recent additions in Texas include real estate partners Mark McElree and Kacy Whitehead, and insurance litigation partner Elliot Strader in Dallas. In Houston, a four-member team led by partners David Clark and Kristen McDanald joined Akerman to enhance the capabilities of the national Litigation Practice Group in the area of insurance litigation.

NAVEX Global will present a complimentary webinar, “Decoding Regulations: An Insider’s Guide,” on Wednesday, May 15, 2019, at 10 a.m. Pacific/ 1 p.m. Eastern time.

Speakers will be Hui Chen, former DOJ compliance counsel expert, and Carrie Penman, Chief Compliance Officer of NAVEX Global. Chen wrote the DOJ’s “Evaluation of Corporate Compliance” guidelines and can provide an insider’s view of what to include in a program and how to define effectiveness.

“Law enforcement guidelines for evaluating your compliance program are subjective, not prescriptive,” NAVEX says on its website. “Even the Department of Justice (DOJ) expresses that their guidance is not a ‘checklist nor a formula’ for compliance.”

Register for the webinar.

Entering into a clearly drafted lease agreement at the outset of the relationship helps to set expectations, which minimizes the possibility of disputes over how the lease should be interpreted, writes Eric J. Remington for Ward and Smith.

The article lists some of the issues that can often result in disputes in commercial leases.

It also examines a recent opinion that addresses insurance and liability clauses and provides guidance on how courts should interpret insurance and liability provisions in commercial leases.

Read the article.

Holland & Hart announces the addition of tax partner William Colgin and tax associate Diana Myers.

In a release, the firm said Colgin and Myers are the latest additions to the firm’s expanding Tax and Benefits Practice, which also recently added one partner and three new associates.

Colgin focuses primarily on large-dollar, complicated, and contentious disputes, and will work closely with the Government Investigations and White Collar Defense team on criminal tax matters. Bill litigates in the U.S. Tax Court, federal district courts, state courts, and appellate courts throughout the country on a wide variety of tax issues including international transfer pricing, foreign asset and bank account compliance, intellectual property, economic substance, partnership tax, employment and benefits, and other high-profile areas of tax dispute.

Prior to joining Holland & Hart, Colgin was a partner at Morgan Lewis in Silicon Valley, where he was local practice group leader for the firm’s West Coast tax practice. Colgin began his career as a civil trial attorney in the Tax Division of the U.S. Department of Justice with primary case dockets in Colorado, Wyoming, and Utah. Colgin is admitted to practice in California and Virginia, and he is temporarily authorized to practice in Colorado pending admission under C.R.C.P. 205.6.

Myers has international tax experience from her practice at Baker McKenzie in Chicago. Prior to joining Holland & Hart, she worked for the chief tax strategist at Northern Trust Corporation, covering tax reform legislation for the company and its clients. Myers is admitted to practice in Wyoming, Illinois, and Massachusetts.

Blank Rome LLP has completed the relocation of its New York office from the Chrysler Building to the recently redesigned, iconic 1271 Avenue of the Americas, formerly known as the Time & Life Building, located in Rockefeller Center in Midtown Manhattan. The firm occupies 138,000 square feet of office space on floors 15 through 17, as well as part of the 14th floor.

“We established our New York presence in 2000 when we combined with Tenzer Greenblatt LLP—a firm with New York roots dating back to 1937. Collectively, we operated out of the Chrysler Building for 40 years,” said Grant S. Palmer, Blank Rome’s managing partner and CEO. “With 150 attorneys, our New York office is one of our largest locations and has experienced sustained growth over the past two decades.”

Langley & Banack, Inc. attorney Kristal C. Thomson was honored by the State Bar of Texas for her contributions in 2018 to the Bar’s continuing legal education efforts. Thomson was one of four volunteer lawyers receiving an award selected by the staff of TexasBarCLE.

In addition to her speaking engagements in 2018, Thomson served as a course director for two TexasBarCLE courses.

Thomson is board certified in Family Law by the Texas Board of Legal Specialization. Other recognition for Thomson include being a Fellow of the American Academy of Matrimonial Lawyers, a Life Member of the Texas Family Law Foundation, a Fellow of the Texas Bar Foundation, and Chair-Elect of the Family Law Section of the State Bar of Texas. Thomson also is a Grievance Committee Panel Chair and a member of the Pattern Jury Charge Committee, Estates & Family Law.

Thomson holds a Bachelor’s Degree from the University of Texas and a Juris Doctor from St. Mary’s University School of Law.

Melissa K. Peters has joined Littler‘s Workplace Safety & Health Practice Group as special counsel in the Walnut Creek, Calif., office.

Peters previously was staff counsel with the California Department of Industrial Relations’ Division of Occupational Safety and Health (Cal/OSHA) in the Los Angeles Legal Unit.

In a release, the firm said that, while at Cal/OSHA, Peters regularly advised on enforcement and investigation-related matters and represented the division in administrative appeals and third-party litigation arising from workplace fatalities. She worked with Cal/OSHA’s High Hazard, Labor Enforcement, Crane and Elevator units and handled numerous workplace violence cases, particularly involving hospitals, as well as cases involving heat illness and bloodborne pathogens.

Peters received her J.D. from Fordham University School of Law and her B.A. from Syracuse University. She is licensed to practice law in California and Montana.

David Olstein, an ERISA lawyer with a background advising financial institutions, plan sponsors and investment committees on matters relating to the investment of pension plan assets, has joined Stroock’s Employee Benefits, Executive Compensation and ERISA group as a partner.

In a release, the firm said Olstein has experience with the application of ERISA’s fiduciary responsibility provisions, built through matters as varied as representing fund sponsors and managers in connection with the formation and operation of private investment funds, counseling issuers and underwriters in connection with marketing securities to benefit plan investors and advising plan sponsors in connection with the selection of annuity providers.

Olstein has served on the New York City Bar Association’s Employee Benefits & Executive Compensation Committee, and he is a contributing author to the Bloomberg BNA treatise ERISA Fiduciary Law.

Foley & Lardner announced that Paul Labov has joined the firm’s Litigation Department and Bankruptcy & Business Reorganizations Practice Group as a partner in the New York office.

Labov focuses his practice on representing creditor committees and other major constituencies in large Chapter 11 bankruptcy proceedings, including significant creditor committee engagements in the cases of Beaulieu Group LLC, Family Christian Stores, Uplift Rx and Garces Restaurant Group. Labov’s experience also includes serving as co-counsel to an ad hoc group of vendors holding hundreds of millions in administrative claims in the Toys “R” Us Chapter 11 proceeding.

The firm said Labov also advises investment funds, insurance companies, and commercial banking institutions in connection with the purchase and sale of distressed debt and assets, debtor-in-possession financing and claims trading. In addition to his work with distressed funds, Labov counsels private equity firms, such as A&M Capital Partners, on the acquisitions of portfolio companies.

Labov joins Foley from Fox Rothschild LLP, where he was a partner on the financial restructuring and bankruptcy team. He began his career at a bankruptcy boutique firm in New Jersey, where in addition to bankruptcy, he was recognized for his commitment and efforts on behalf of those in need of legal service but who were unable to afford a lawyer.

Christine Payne has joined Redgrave LLP as a partner in Chicago. Payne most recently led Kirkland & Ellis LLP’s eDiscovery efforts as co-chair of the firmwide Electronic Discovery Committee.

In a release, the firm said Payne’s experience includes handling complex commercial litigation, including bet-the-company cases, as well as restructuring-related litigation, products liability litigation, antitrust matters, and ongoing and pending investigations. She has also counseled clients on litigation readiness, developing eDiscovery strategy, and recovering from data loss. Payne also teaches, speaks, and writes frequently about eDiscovery strategy and advocacy. She currently is an adjunct professor of electronic discovery law and problem solving at Loyola University Chicago School of Law.

Payne received her J.D. (with honors) from the University of Texas at Austin School of Law and her Bachelor of Arts (magna cum laude) from the University of Colorado at Boulder.