The Rockefeller Foundation announced that Maria Santos Valentin has been named general counsel and corporate secretary for the foundation.

Valentin joined the foundation from the Soros Economic Development Fund – part of the Open Society Foundations – where she served as secretary and general counsel. In her new role, Valentin will oversee and advise the foundation on a broad range of legal matters, the foundation said in a news release.

Valentin has worked with the Open Society Institute since its inception in 1998. During her tenure, she has structured and negotiated more than 40 innovative program-related investments around the world, primarily in Central and Eastern Europe, India, Africa and the Middle East, which totaled over $200 million. The investments focused on increasing financial inclusion around the world and improving the lives of smallholder farmers, refugees and migrants. Valentin also served as deputy general counsel for the Open Society Institute, also part of the Open Society Foundations.

“Maria brings a cogent combination of global legal experience and governance knowledge,” said Dr. Rajiv J. Shah, president of The Rockefeller Foundation. “Her experience structuring impact investments to have the maximum social outcome for poor and vulnerable communities will be an invaluable asset to The Rockefeller Foundation as we continue to identify opportunities to drive large-scale human impact through solutions in data, technology and innovative finance. I’m confident that Maria will be an exceptional advisor and am thrilled to welcome her to our leadership team.”

“I am delighted to be joining The Rockefeller Foundation as General Counsel,” said Valentin. “I look forward to using my experience to help the Foundation achieve deeper impact. It is a great privilege to be a part of an institution with such a deep and long history of generating and catalyzing positive social change, and to join Dr. Shah’s senior leadership team in achieving the Foundation’s new strategic vision in the U.S. and around the world.”

Prior to her work at the Soros Economic Development Fund, Valentin spent a decade working as an international corporate securities lawyer, first for Brown & Wood, based in the United States, and then Clifford Chance, based in the United Kingdom. In that capacity, Valentin worked on emerging market capital markets transactions in Central and Eastern Europe and Latin America. She is a graduate of Fordham University and received a J.D. from Yale Law School.

“Maria has been an instrumental player in the growth and development of the Open Society Foundations,” said Patrick Gaspard, president of the Open Society Foundations. “Her expertise and experience range far and wide – from the nitty gritty of philanthropic governance issues to the cutting-edge aspects of impact investing to advance social good. We are grateful for all that she has done to advance our work at Open Society, wish her every success in her exciting new opportunity as general counsel at Rockefeller, and look forward to continued partnership in the years to come.”

Valentin will assume her new role on April 29, 2019.

Drew Whiting has joined Michael Best’s Corporate Practice Group as senior counsel in Chicago. Whiting was previously a member of Stahl Cowen Crowley Addis LLC.

in a release, the firm said Whiting will focus his practice advising growth stage companies, venture capital firms, angel investors, investment syndicates, private equity funds and closely-held private and family businesses in matters related to financing, employment, advisory and licensing transactions. He also counsels on the negotiation of investment deal terms, vendor and customer agreements, joint venture agreements, business succession planning, management buyouts, asset sales, business unit divestitures and acquisitions.

“Additions like Drew are instrumental in continuing to service the Chicago business community,” said Kerryann Haase Minton, managing partner of Michael Best’s Chicago Office. “We are fortunate that Drew brings him a wealth of subject matter knowledge and experience in the venture capital and private equity sectors to the firm as we continue to manage bigger and significantly more complex investment deals in the near future.”

Whiting earned his J.D. from Loyola University Chicago School of Law and his B.B.A. from the University of Notre Dame.

Foley & Lardner LLP announced that Clyde Tinnen has joined the firm’s Business Law Department and Transactions Practice Group as a partner in the Milwaukee office.

In a release, the firm said Tinnen advises a range of public and private corporations across a variety of industries on transactional matters, particularly those related to financing and deal-making. He has structured and negotiated domestic and cross-border financing transactions, including public and private offerings, joint ventures, secured and unsecured credit facilities, acquisition financings, capital leases, leveraged buyouts, and private equity funds. Tinnen also advises clients on issues related to corporate governance and securities law disclosure matters. His clients range from startups to Fortune 100 companies in the energy, retail, telecommunications and hospitality sectors, among others.

“Clyde brings more than a decade of experience which, coupled with his robust public and private transactional knowledge, further strengthens our already deep bench of corporate transactional attorneys,” said Jessica S. Lochmann, vice chair of Foley’s Transactions Practice Group. “Clyde’s proven ability to effectuate success for clients across a variety of industries enhances our practice’s commitment and ability to serve as trusted counsel to every client with corporate finance, securities, M&A, or other transactional legal and business needs.”

Tinnen joined Foley from Withers Bergman LLP, where he was a partner on the corporate team. Before beginning his legal career, Tinnen was a senior financial analyst at two public corporations. He is a member of numerous professional organizations, including the Wisconsin African-American Lawyers Association, the Chicago Black Partners Alliance, and the Jackie Robinson Foundation. Tinnen also volunteers with the Waukesha Teen Court Program.

“We are thrilled to welcome Clyde to our growing Milwaukee office,” said Linda E. Benfield, managing partner of Foley’s Milwaukee office. “He is a tremendous lawyer, and he will be a great fit for our entrepreneurial culture and commitment to client service. We are looking forward to introducing him to our clients locally, and nationally.”

Tinnen was named one of Savoy Magazine’s Most Influential Black Lawyers in 2015 and 2018. He was also a 2015 Fellow for the Leadership Council on Legal Diversity.

Miller & Chevalier Chartered announced that Thomas M. Cryan, Jr. rejoined the firm as a member in the Employee Benefits Department. Cryan, who practiced at Miller & Chevalier from 2008 to 2012, joined the firm from Littler Mendelson P.C.

“I’m thrilled to be reunited with my former colleagues, who have unparalleled expertise when it comes to addressing the tax treatment of complex benefits issues,” Cryan said. “Miller & Chevalier has always had outstanding employee benefits and tax lawyers who complement each other extremely well. Returning to the firm is an incredible opportunity to enhance the services I provide to clients.”

In a release, the firm said Cryan focuses his practice on employee benefits and employment tax-related matters, including drafting executive compensation plans and amending fringe benefits policies. Cryan helps structure compensation arrangements and advises on golden parachute payments and their excise tax implications. He also represents clients involved in Internal Revenue Service (IRS) executive compensation and employment tax audits.

The firm said Cryan has experience in employee benefits and information reporting in connection with the Foreign Account Tax Compliance Act (FATCA), the income and employment and tax treatment of settlement payments, nonqualified deferred compensation, statutory fringe benefits, use of corporate aircraft, travel benefits, and wellness programs. Additionally, he works with the state tax implications of mobile and contingent workforces.

“Tom practices at the intersection of tax and benefits law, where he’s able to provide well-rounded counsel to large employers regarding important labor and employment provisions included in the Tax Cuts and Jobs Act,” said Theresa S. Gee, chair of Miller & Chevalier’s Employee Benefits Department. “Notably, Tom’s deep knowledge of reporting obligations will be critical as the IRS continues to intensify and expand its collection of pertinent company data.”

Cryan is a speaker who regularly presents at professional organizations, including the American Benefits Council, Tax Executives Institute, and American Bar Association. Cryan has spoken on various employment and tax-related topics with national business media such as CNN, Fox News, and The Wall Street Journal, and he currently serves on the Bloomberg BNA Compensation Planning Journal Advisory Board.

“Tom combines a thorough understanding of employee benefits issues with extensive experience with IRS administrative practice and procedure,” said Marc J. Gerson, chair of Miller & Chevalier. “He will provide immediate value to the firm’s clients across all industries. We are excited to welcome him back.”

Cryan earned a J.D., magna cum laude, from the George Mason University School of Law, a LL.M. in Taxation from Georgetown University Law Center, and a B.A., cum laude, from Washington and Lee University.

A cyberattack on the agency overseeing Boston public defenders has caused a weekslong slowdown, disabling e-mail systems, delaying some hearings, and hanging up payments for the private attorneys who represent clients, reports The Boston Globe.

“The Committee for Public Counsel Services has been cleaning up for two weeks after a ransomware attack locked up its servers, with the culprits demanding that a ransom be paid in bitcoin,” writes the Globe‘s Andy Rosen. “The agency refused to pay, because it has backup files it can use to restore the system.”

A similar attack hit the Jackson County, Georgia, government internal network recently, forcing most of the systems offline, according to ZDNet. In that case, the county paid $400,000 to cyber-criminals week to get rid of the ransomware infection and regain access to its IT systems.

Read the Globe article.

A bid to overturn a fraud conviction for Peter Hoffman, a lawyer turned movie producer, has picked up support from 14 retired federal judges, nine criminal law professors and the National Association of Criminal Defense Lawyers, reports The Hollywood Reporter.

Hoffman once ran a company called Carolco Pictures, which made some successful films. In the 1990s, he pleaded guilty to a misdemeanor charge of filing a false tax return. Then, in 2014, federal prosecutors charged Hoffman with wire fraud for submitting false expense reports on a Louisiana mansion being transformed into a postproduction facility. Hoffman did so to get $1.13 million in movie tax credits issued by Louisiana, according to the Reporter‘s Eriq Gardner.

The trial court sentenced him to 60 months of probation, an unprecedented departure from federal sentencing guidelines that recommended a range of 168 to 210 months in prison. The Fifth U.S. Circuit Court of Appeals ordered the trial court to take another look, possibly leading to a harsher sentence.

Hoffman has petitioned the court for a review.

Read the Hollywood Reporter article.

Jacqueline Vidmar has joined Quarles & Brady LLP‘s Energy, Environment & Natural Resources Practice Group as a partner in its Chicago office.

Vidmar has more than 30 years of experience representing companies in the manufacturing, gas, electric, transportation (rail and pipeline), and real estate industries.

In the environmental arena, Vidmar advises clients on a wide range of issues, including enforcement defense and litigation; rulemakings and administrative proceedings; redevelopment of contaminated properties; Superfund investigations, remediation, and cost-recovery; complex permitting; environmental aspects of corporate and real estate transactions; environmental inspections and audits; and hazardous substance and waste management. Vidmar handles matters before federal and state courts, as well as the U.S. Environmental Protection Agency, the Illinois Environmental Protection Agency, and the Illinois Pollution Control Board.

Vidmar’s energy practice is focused on regulatory issues before administrative agencies, including the representation of alternative retail electric suppliers in matters involving alleged non-conforming marketing practices.

“Jacquie is one of the top environmental and energy attorneys in the state of Illinois with an outstanding track record of representing companies in court and before regulators,” said Paul Langer, Chicago Office managing partner. “We are excited to have her join our deep, seasoned team that helps clients address and resolve their environmental and business challenges.”

Prior to Quarles & Brady, Vidmar was a partner at Rooney Rippie & Ratnaswamy LLP. She received her J.D. from Northwestern University, and her B.A. from the University of Pennsylvania.

Haynes and Boone’s Spring 2019 Energy Roundup highlights an evolving United States oil and gas industry responding to recent commodity price volatility, the firm said on its website.

It also examines new international investment opportunities arising from legal changes in the United Kingdom and Brazil.

And the Spring 2019 Borrowing Base Redeterminations Survey predicts a conservative, but not knee-jerk, response by banks to the late 2018 drop in oil prices.

“Investor activism is on the rise in the public E&P space – our capital markets group tracks the various players and the demands they are marking. In the midst of this changing market, our guest contributor from Opportune LLP gives an outlook on upstream trends in 2019 and we also look at the related impact in the midstream space,” the firm said in the introduction to the report.

Read the report.

Lando & Anastasi, LLP recently announced that partner Ann Lamport Hammitte has been recognized for the third consecutive year by World Trademark Review (WTR) as one of the world’s top trademark practitioners, and she is once again highly ranked for trademark enforcement and litigation, as well as for prosecution and strategy.

L&A is one of sixteen Massachusetts firms selected for inclusion in the WTR 1000, their annual listing of the world’s leading trademark professionals. This year marks the 10th year that the firm and its attorneys have been named to this select group, the firm said in a release.

Robert Boresta and Thomas Reahl have joined FisherBroyles, LLP as partners in the firm’s New York City and Washington, D.C., offices, respectively.

Boresta focuses his practice on securities regulation and compliance counseling in the securities industry and Reahl concentrates in the area of employee benefits & executive compensation.

“It is a pleasure to welcome both Robert and Thomas to our team of highly experienced partners,” said FisherBroyles managing partner Michael Pierson. “For decades, Robert and Thomas have served as go-to resources for their clients on legal and business matters in the highly complex worlds of securities laws and regulations, and employee benefits and tax related issues. We are thrilled that FisherBroyles clients will now benefit from their knowledge and track records of success.”

Boresta said, “FisherBroyles offers the ideal platform for providing great service and value to my clients in the global financial markets space, and I look forward to working alongside my new colleagues who are leaders in so many diverse practice areas.”

Reahl said, “I am excited to join the FisherBroyles team with its cutting-edge approach to legal services. My clients will benefit from the wide range of talent the firm offers for addressing today’s complex business challenges.”

In a release, the firm said Boresta is a securities regulatory attorney with international experience counseling participants in global financial markets on complex securities laws and regulations. He has worked with regulatory matters relating to broker-dealers, investment advisors, indices and credit-rating agencies.

Prior to joining FisherBroyles, Boresta was a director at Gibbons P.C. His past experiences also include serving as vice president and associate general counsel for global regulatory affairs at S&P Global; and as a partner at Winston & Strawn LLP.

Boresta received his J.D. from Fordham Law School and his Bachelor of Arts from Rutgers College.

The firm said Reahl has more than three decades of experience in the design and administration of health and welfare, fringe benefit retirement, and compensation programs under ERISA and the Internal Revenue Code. Reahl also has represented clients in benefits-related matters pertaining to mergers, spin-offs and acquisitions.

Prior to joining FisherBroyles, Reahl spent over 25 years in practice at TDR Consulting. He also was an attorney at Warner Lambert and LeBoeuf, Lamb, Lieby & MaCrae.

Reahl received his J.D. from Georgetown University Law Center and his Bachelor of Arts from Binghamton University, State University of New York.

Companies should use a conservative approach when offering protection plans for products, advises Weil, Gotshal & Manges LLP in its Product Liability Monitor.

The article points out that the terms “extended warranty” and “service agreement” are likely to cause confusion, in relation to the Magnuson Moss Warranty Act, which governs the terms of these warranties.

Two cases discussed in the article cover the differences in “service agreement” and “warranty” and how to avoid potential MMWA issues.

Read the article.

Virtually every business relationship or merger and acquisition these days involves some sort of data sharing, transmission, access or use between the contractual parties, but often there is no contractual language applicable to data privacy and security, writes Linn Foster Freedman for Robinson+Cole LLP.

Writing in the firm’s Data Privacy + Security Insider blog, she explains:

When there is no language to address data privacy and security issues, the parties duke out what they will agree to or not agree to, who will pay for what, and who has insurance, and they end up pointing the finger indiscriminately. It is much easier to address a data security issue when there is contractual language in place between the parties.

Read the article.

Image by Mitch Barrie

The Connecticut Supreme Court Thursday narrowly reversed a ruling by a lower court judge dismissing a lawsuit by the families of victims of the Sandy Hook shooting against Remington Arms Company, allowing the case to proceed, reports the Hartford Courant.

The decision that remanded the landmark gun case back to Bridgeport Superior Court possibly created a path that other mass shooting victims can follow to get around the federal Protection of Lawful Commerce in Arms Act, known as PLCAA, which has protected the manufacturers of the AR-15 assault rifle from lawsuits, writes the Courtan‘s Dave Altimari.

He explains:

The ruling paves the way for the families to subpoena internal documents on how the gun companies have marketed the AR-15, which has become the weapon of choice for mass shooters. The gun manufacturers have closely guarded information on how they market the assault weapons.

Read the Courant article.

Reuters is reporting that a U.S. federal judge has issued a preliminary ruling that Qualcomm Inc. owes Apple Inc. nearly $1 billion in patent royalty rebate payments, though the decision is unlikely to result in Qualcomm writing a check to Apple because of other developments in the dispute.

Reuters’ Stephen Nellis writes that a district judge in California ruled Thursday that Qualcomm must make the rebate payments to Apple, which for years used Qualcomm’s modem chips to connect iPhones to wireless data networks.

“In general, the contract factories that built Apple’s iPhones would pay Qualcomm billions of dollars per year for the use of Qualcomm’s patented technology in iPhones, a cost that Apple would reimburse the contract factories for,” according to the article.

Read the Reuters article.

Purdue Pharma’s chief executive said the company is considering bankruptcy as it faces a cascade of lawsuits alleging that the drugmaker played a key role in driving the nation’s opioid crisis, including aggressively and deceptively marketing the powerful painkiller OxyContin, reports The Washington Post.

Craig Landau said that the company has not yet decided whether to file bankruptcy, but it is something the company is weighing as it considers the impact of potential legal settlements or jury verdicts that could cost tens of billions of dollars, according to the Post‘s Katie Zezima.

“Declaring bankruptcy could halt litigation against the company, bankruptcy lawyers said, and it can be more difficult for plaintiffs to secure judgments in bankruptcy court than in civil court,” Zezima writes.

Read the Post article.

Employers requiring lower-wage employees to sign and abide by non-competition and non-solicitation of clients provisions may want to find another mechanism to protect business goodwill and confidential information, advises Rachel Powitzky Steely in Foley & Lardner’s Labor & Employment Law Perspectives.

Courts across the country are refusing to enforce non-competes against lower-wage employees and now states are taking action to preclude these agreements, she explains.

Steely offers some advice on how companies can achieve their non-compete goals through alternative methods.

Read the article.

CobbleStone Software, a developer of contract management and eProcurement software, announced its 2019 Seminar Series coming soon to major U.S. cities.

The 2019 event series, The Road to Contract Management & Procurement Success, is designed to help attendees discover new technological advances for contract management and procurement processes while developing a plan built for success, the company said in a release.

The free educational seminar is being held in the following locations:

• San Diego, CA – March 28th, 2019
• Houston, TX – April 25th, 2019
• Boston, MA – June 27th, 2019
• Philadelphia, PA – July 26th, 2019
• New York, NY – August 23rd, 2019
• Orlando, FL – September 26th, 2019
• Chicago, IL – October 25th, 2019

Register for the seminar.

Attorney Benjamin Stewart of Dallas-based litigation boutique Bailey Brauer PLLC has been named for a third time among the top young lawyers in Texas.

Stewart was recognized on the Texas Super Lawyers’ 2019 Rising Stars list for his work in complex commercial and bankruptcy litigation. Only 2.5 percent of lawyers in the state are chosen each year.

“Ben is one of those lawyers who is always exceptionally well-prepared, is a step ahead, and is not going to stop when his client’s business is at stake,” says Bailey Brauer co-founder Alex Brauer.

“In the courtroom, his opponents quickly recognize what they’re up against,” adds co-founder Clayton Bailey.

In a release, the firm said Stewart represents clients in federal and state courts in matters including contractual disputes, breach of fiduciary duty, insurance coverage, officer/director liability, and contested confirmation hearings. He also assists companies with both internal and governmental investigations including responses to civil investigative demands from the U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission. A member of the Federal Bar Association and Texas Bar Foundation, he earned his law degree from Columbia Law School.

“Working alongside Alex and Clayton has undoubtedly helped raise my profile in the legal community, but recognition by Rising Stars is clearly an honor because it involves consideration by our peers,” says Stewart.

Texas Rising Stars recognizes the state’s top attorneys who are 40 years or younger or who have been in practice for 10 years or less. Selection is based on peer nominations, independent research and review by a separate advisory group. The full 2019 listing is published in the Texas edition of Super Lawyers magazine and the April issue of Texas Monthly.

About Bailey Brauer PLLC

Bailey Brauer PLLC is nationally recognized for its trial and appellate work and provides battle-tested, sophisticated courtroom experience in high-stakes litigation matters. Led by veteran trial and appellate lawyers Clayton Bailey and Alex Brauer, the firm focuses on complex commercial litigation, agribusiness, appeals, and class actions. Learn more about the firm at: http://baileybrauer.com/.

Jennifer Adams has joined Hogan Lovells‘ Houston office as a partner in its Environment and Natural Resource practice. Adams joins the firm from Koch Companies Public Sector, where she has served as chief counsel of litigation for the last eight years.

“We are delighted that Jennifer has agreed to join Hogan Lovells,” said Bruce Oakley, office managing partner in Hogan Lovells Houston Office. “We expect her arrival to create an immediate impact on our environmental practice in Texas.”

In a release, Adams has experience handling environmental litigation and commercial disputes. She has spent the last eight years focusing on complex environmental matters throughout the U.S., including in air, water, and soil disputes, indemnification issues, and other environmental events.

“Jennifer is well-known in her field, and we have known and worked with her for many years,” said Adam Kushner, co-head of Hogan Lovells’ Environmental and Natural Resource Practice. “We have witnessed first-hand Jennifer’s strong work ethic and attention to detail. Jennifer has a keen sense of what’s important to clients, and is a great asset to our global team.”

The firm said Adams has experience in leading large teams of lawyers focused on environmental matters that involve the complex interplay between legal, regulatory, commercial, governmental, and public stakeholders. Prior to her role at Koch, Adams spent the first nine years of her legal career at Baker Botts. She received her B.A. from Stephen F. Austin State University in 1999, and her J.D. from Baylor Law School in 2002.

Sidley Austin LLP announced the addition of Tara Higgins and Noreen Phelan as partners, and Chris Hutchison as a senior associate, to its global Energy and Infrastructure practice.

Higgins is based in Sidley’s New York office, and Phelan and Hutchison are based in Sidley’s Washington, D.C. office. They joined from Orrick, where Higgins was co-head of the global Power practice and Phelan was a partner in the Energy and Infrastructure practice.

“We are excited to add Tara, Noreen and Chris to the Sidley Energy and Infrastructure team,” said Cliff Vrielink, global leader of Sidley’s Energy and Infrastructure practice. “Their extensive experience and reputation in the renewable energy and conventional power industries further bolsters our ability to help clients in these complex, capital intensive industries. Tara, Noreen and Chris are well-known for helping clients execute market-leading transactions.”

In a release, the firm said this group of lawyers closed three of the largest M&A deals in the U.S. renewables market in 2018, as well as a number of other M&A transactions and financings for hydroelectric and conventional power assets.