Erin E. McAdams has joined Freeborn & Peters LLP’s Chicago office as a partner in the Litigation Practice Group, focusing on employment litigation and counseling.

“We are very pleased to have Erin join Freeborn and our highly regarded team of attorneys who help our clients in their day-to-day decisions on hiring, discipline, disability and leaves of absence, and terminations,” said Steven M. Hartmann, a partner and leader of the firm’s Labor and Employment Practice Group. “Erin’s deep litigation and counseling experience will further support our clients’ business interests as we continue to enhance and expand the firm’s labor and employment services.”

In a release, the firm said McAdams helps companies navigate employment laws, and defends employers in a wide range of class, collective, and single-plaintiff disputes before federal and state courts. She counsels and litigates matters brought under state and federal antidiscrimination laws, the Fair Labor Standards Act (FLSA), and the Employee Retirement Income Security Act (ERISA). She helps guide employers through sensitive internal investigations involving claims of harassment and discrimination and claims by whistleblowers. In addition, she has an active Occupational Safety and Health Administration (OSHA) practice, representing clients in the trucking, locomotive and retail industries in investigations, emergency responses, and litigation against state and federal agencies.

Prior to joining Freeborn, McAdams was an associate at Morgan, Lewis & Bockius LLP. She received her J.D. (cum laude) from Indiana University Maurer School of Law and her Bachelor of Arts (magna cum laude) from the University of Notre Dame.

R. Craig Mayfield has been named managing partner of Bradley Arant Boult Cummings LLP’s Tampa office.

He succeeds Robert B. Glenn, who had served as the Tampa managing partner since his firm Glenn Rasmussen joined with Bradley in 2015 to establish the firm’s Tampa office. Glenn is retiring and will serve the firm in a retired partner capacity, the firm said in a release.

“I am truly honored and grateful for the opportunity to lead our Tampa office and attorneys as we enhance and expand our services, as well as continue to provide support for community initiatives in the Tampa area,” Mayfield said. “I also am very grateful for the exemplary leadership that Bob provided from the time that Bradley was first introduced to the Tampa market four years ago.”

Bradley Chairman of the Board and Managing Partner Jonathan M. Skeeters said, “Craig brings experience, talent and enthusiasm to the position, and we are excited about the leadership and guidance he will provide in our growing Tampa office.”

A member of the Litigation Practice Group, Mayfield focuses his practice on the defense of products liability and high-exposure personal injury claims on behalf of manufacturers and businesses. He has represented and served as national trial and litigation management counsel for global medical device companies, a major tobacco company, international hotel brands, asbestos manufacturers and numerous other Fortune 500 industrial, commercial and consumer manufacturers headquartered in the United States and overseas. Mayfield has been ranked by The Best Lawyers in America and Super Lawyers for Personal Injury Litigation.

Mayfield also is a leader in professional and bar-related activities through the Defense Research Institute (DRI), for which he currently serves as the first-ever U.S. chair to DRI International. He previously was the national chair for DRI’s Young Lawyers and served on DRI’s Law Institute and Product Liability Steering Committee.

Mayfield received his J.D. (cum laude) from Stetson University College of Law. He also holds Master of Business Administration (cum laude) from Stetson University and a Bachelor of Arts from the University of North Carolina at Chapel Hill.

Bloomberg Law reports that Willkie Farr & Gallagher Co-Chairman Gordon R. Caplan has been charged along with dozens of others, including Hollywood actors and executives, in a criminal conspiracy to bribe college admissions officials to gain admission for their children to top universities.

According to Bloomberg’s Melissa Heelan Stanzione, Caplan was arrested at 6:30 a.m. Tuesday and was released on $500,000 bail after appearing in Manhattan federal court.

Caplan has been charged with donating $75,000 to the Key Worldwide Foundation. “In an exchange detailed in court filings, two of the FBI’s cooperating witnesses agreed to proctor his daughter’s college entrance exam and correct the answers after she finished it,” Stanzione reports.

Another Bloomberg report contains a transcript of a discussion involving a call Caplan had with William Singer, the founder of a corrupt college counseling and test-prep business who would later become a cooperating witness:

“Look, I’m particularly interested in working with you guys and figuring out what’s best for [my daughter],” Caplan said, according to the criminal complaint, which details the conversation intercepted on a court-authorized wiretap.

Read the Bloomberg reports
here and here.

Image by Mike Mozart

A lawyer representing a man who claims Bayer AG’s Roundup weed killer caused his cancer urged jurors to imagine the scales of justice ever so slightly tilted in his favor, as if weighted by a feather, and said that would be enough to advance his trial to the next and final phase, reports Bloomberg.

Reporter Joel Rosenblatt summarized the argument of Aimee Wagstaff, representing Edwin Hardeman:

Roundup, not hepatitis, caused Hardeman’s cancer, his lawyers argued at a critical juncture in the company’s second U.S. trial over the popular herbicide. Hardeman’s exposure to Roundup “was a real factor, it doesn’t have to be the only cause” of his cancer, Wagstaff said. “It doesn’t have to be the only cause of his harm,” even if they determine hepatitis “may have played a role,” she added.

Read the Bloomberg article.

CNN is reporting that Oklahoma Attorney General Mike Hunter has argued in court filings that Johnson & Johnson should be compelled to release millions of pages of documents about its role in the opioid epidemic.

The company acted as an opioid “kingpin” by using a web of foreign and domestic subsidiaries to supply raw materials “necessary to manufacture the opioid pain medications thrust upon the unsuspecting public since the 1990s,” Hunter alleged.

“The Oklahoma case is set to be the first in the nation to go before a jury that could determine pharmaceutical companies’ role in the nation’s opioid epidemic and whether Big Pharma should pay for it,” writes CNN’s Wayne Drash. “On Friday, District Court Judge Thad Balkman denied pharmaceutical companies’ request for a delay, saying it is in the public’s interest for the trial to begin May 28.”

Read the CNN article.

The Sixth Circuit recently followed a line of precedent (and other more recent decisions from the Sixth Circuit) and reversed a 2017 Northern District of Ohio decision finding certain collective bargaining agreements vested plaintiffs with lifetime healthcare benefits, reports Seyfarth Shaw in its ERISA & Employee Benefits Litigation Blog.

The court found that the CBAs covering the retirees lacked clear, affirmative language that Whirlpool had an obligation to fund their health benefits after the expiration of the agreements’ general durational clause.

The court ruled that “either a CBA says clearly and affirmatively — that is unambiguously — that its general durational clause doesn’t control the termination of healthcare benefits, or the clause controls.”

Read the article.

Jackson Walker announced the addition of Jonathan M. Bull as a partner in the Dallas office.

In a release, the firm said Bull brings to the Chambers USA-ranked Environment & Natural Resources practice substantial experience handling environmental issues encountered in land development and construction, manufacturing, and commercial operating sectors, including transactional due diligence and counseling in corporate or asset purchases and sales, operations regulatory compliance counseling and management systems, property assessment, cleanup and redevelopment under state and federal regulatory programs, and government enforcement defense and litigation.

In his practice, Bull regularly counsels land development and construction clients on state and federal requirements regulating stormwater discharges, wetlands and jurisdictional waters, dust emissions, and protected species and resources. Jon has also counseled and represented industrial, commercial, manufacturing, pharmaceutical, and aerospace clients in environmental cleanup, cost recovery, and contribution litigation under CERCLA, RCRA, the Texas Solid Waste Disposal Act, and other state analogues and in coverage disputes under environmental insurance policies.

“We are thrilled to have Jon join our team. Jon’s depth of environmental law experience and broad network of relationships make him a great fit at Jackson Walker. He will be vital in helping our clients navigate Clean Water Act regulatory compliance and permitting matters,” said Leonard H. Dougal, who chairs the Firm’s Environment & Natural Resources practice.

Bull previously served as enforcement counsel in the Hazardous Waste Enforcement Branch of the Environmental Protection Agency (EPA), prosecuting matters related to hazardous waste and the Chemical Accident Prevention Program. He started his environmental career working as a hydrogeologist with a national engineering and environmental consulting company.

“Jackson Walker’s collegial culture, resources, and Texas home base were all major factors in my decision to relocate my practice,” Bull said. “I am really excited about this move, as I will be able to extend to my clients the flexibility, responsiveness, and environment that Jackson Walker offers me.”

Outside his practice, Bull offers pro bono counseling to Connemara Conservancy, a North Texas Conservation Land Trust, and previously completed leadership positions on volunteer boards of Preservation Dallas and T. Boone Pickens YMCA of Metropolitan Dallas.

Prior to receiving his J.D. from SMU Dedman School of Law, Jon studied Geology at Washington & Lee University and the University of Massachusetts.

Barnes & Thornburg has added Christina Baugh as a partner in the firm’s Litigation Department in the Atlanta office, the firm announced in a release.

Baugh is a commercial and intellectual property litigator. She advises clients on a variety of complex business disputes, including tort claims, insurance coverage matters and litigation spanning officer liability, shareholder, non-competition and property cases.

“Christina is highly regarded in Atlanta and nationally, and we’re thrilled to welcome her to the firm,” said D. Randall Brown, chair of the firm’s Litigation Department. “Her deep experience in alternative dispute resolution and litigating cases at the state and federal levels enables her to provide well-rounded counsel to her clients.”

The firm said Baugh advises businesses in commercial matters that arise during disputes between business partners. This includes handling allegations of breaches of fiduciary duties, transferring ownership and management duties between partners and managing matters related to directors and officer liability, shareholder disputes and trade secrets matters.

“Christina is a strong advocate for Atlanta’s thriving business community, helping companies navigate complex matters they encounter during their lifecycle,” said John T.L. Koenig, Atlanta managing partner. “She is also a tremendous civic leader who is extensively involved in the local legal and philanthropic community.”

On the intellectual property side, Baugh, who is admitted to the U.S. Patent and Trademark Office, handles trademark, copyright and patent matters. She represents small family owned-business, multibillion dollar corporations and international companies in the manufacturing, gaming and medical device industries, among others. She has successfully resolved intellectual property cases related to infringements, copyright rights, false advertising and design patent rights.

Baugh currently serves as president-elect of the Georgia Association for Women Lawyers. In addition, she is an officer for the Atlanta Bar Association and the Atlanta Chapter of the Federal Bar Association, and active in the Junior League of Atlanta.

Baugh earned her J.D., cum laude, from the University of Georgia School of Law, and her B.S. from Emory University.

Bradley Arant Boult Cummings LLP announced that Paul M. Sykes has returned to the firm as a partner in the Birmingham office.

Sykes had been with Bradley for more than 19 years when he left in January 2018 to serve as general counsel with ADTRAN, Inc., the Huntsville, Ala.-based provider of next-generation open networking and subscriber experience solutions.

“We are extremely happy to welcome Paul back to Bradley where he has built his reputation as one of the best intellectual property attorneys in the United States,” said Bradley Chairman of the Board and Managing Partner Jonathan M. Skeeters.

Sykes said, “It is an honor to be able to resume my practice at Bradley alongside colleagues who continue to set the standards for protecting and enforcing our clients’ IP rights and business interests.”

A member of Bradley’s Intellectual Property and Litigation practice groups, Sykes represents businesses and individuals in a wide variety of intellectual property and technology-related legal matters. He counsels clients in the acquisition, licensing and protection of intellectual property rights, and represents clients in litigation involving patents, copyrights, trademarks, unfair competition, and trade secrets. A registered patent attorney and former computer engineer, Sykes previously served as president of the Intellectual Property Section of the Alabama State Bar.

Sykes received his J.D. (magna cum laude) from the University of North Carolina School of Law and his Bachelor of Science (summa cum laude) from Auburn University.

Jennifer Recine, a trial litigator who has handled complex real estate cases and other high-profile matters across industries, has joined Stroock’s New York office as a partner, the firm announced in a release.

Recine is the 11th lateral partner to join Stroock within the past year and the second in three weeks. Commercial real estate lawyer Elsa Ben Shimon joined the firm on Feb. 13.

The firm said Recine regularly leads high-stakes litigation in practice areas as varied as civil RICO, securities, environmental and land use, trusts and estates, and criminal enforcement.

“Jennifer brings a depth of experience in complex trial matters to an already-elite team of lawyers,” said Alan Klinger, Stroock’s co-managing partner. “She’s exactly the type of lawyer we look for in a lateral hire: one of the top litigators in the country, in the prime of her career, with deep experience in our core areas. She’s a lawyer who perfectly aligns well with our firm’s mission of strategic, client-centric growth.”

“Stroock is a vibrant, thriving firm with a real estate practice that is truly second to none,” Recine said. “I look forward to leveraging its full-service offerings and client support to take my practice to the next level.”

Recine has been named a “Litigation Trailblazer” by the National Law Journal, was shortlisted by the Legal 500 as a “Next Generation” Commercial Litigator, and recognized as a “Local Litigation Star” and one of the “Top 250 Women in Litigation” by Benchmark Litigation, as well as a “Woman to Watch” by the Diversity Journal and a “Female Power Player” by Bisnow.

Above the Law has published the results of its 2019 Outside Counsel Rankings, based on surveys of in-house counsel at top companies.

Approximately 1,000 in-house lawyers — from nearly 500 companies and more than 40 cities — responded with evaluations of their outside law firms. The survey asked two questions: 1.) “Which law firms does your company engage for legal services?” and 2.) “Please indicate the highest level legal work for which your company will engage the particular firm(s).”

Responses led to the rankings, in which 50 firms were grouped in two tiers.

See Above the Law’s rankings.

Ballard Spahr LLP has offered a $10,000 reward for information leading to the arrest of the man who shot a Philadelphia associate of the firm.

The gunman shot 37-year-old Spencer Hill in the stomach during a botched robbery attempt as he headed home after a late night at the office, reports The Philadelphia Tribune.

He was in front of his home when the shooting occurred. He managed to make it inside his home where his wife called police. Doctors opted against operating, Hill said, indicating that it was safer to leave the bullet inside him than it would be to perform surgery to remove it.

Read the Tribune article.

In a post for Above the Law, Tom Kulik of Dallas-based Scheef & Stone discusses what happens when a bankruptcy debtor exercises its statutory right to reject a contract.

The U.S. Supreme Court recently heard oral arguments in Mission Product Holdings Inc. v. Tempnology, LLC to address this question that has plagued the intersection of intellectual property and bankruptcy law for decades.

He writes that the supreme Court’s ruling on the issue “may draw a clear line for trademark licensors and licensees in the event of bankruptcy (a good thing), or leave a blot on the issue by finding that the issue is moot (a bad thing).”

Read the article.

In a post on the website of Muse Communications, Amy Boardman Hunt points out that many law firms make little, if any, use of one of the most effective and inexpensive ways to stay in touch with clients, prospective clients and referral sources: email.

“When done well, consistent email communications with a firm’s existing network can help raise the firm’s stature and reputation as thought leaders, showcase their successes on behalf of clients, and generally stay top-of-mind with the people most likely to send them work,” she writes.

The article discusses what should be included in a newsletter, who should receive it, how to send it out, how often to send it, how to grow your list, and what kind of results to expect.

Read the article.

A post in the Seyfarth Shaw Workplace Safety and Environmental Law Alert Blog discusses the case of a construction contractor facing a perjury charge after he allegedly testified that he did not twice order employees to work on a roof. They fell through the roof both times.

During the investigation, OSHA discovered text messages indicating that the contractor had indeed issued the orders.

The case provides two important lessons, according to the authors of the post: Don’t lie under oath, especially when there exists discoverable evidence to the contrary, and be properly prepared and familiar with all relevant facts before providing testimony or statements during an investigation.

The contractor faces a potential penalty of five years in a prison and a $250,000 fine, if convicted.

Read the article.

The U.S. Court of Appeals for the Seventh Circuit held that merely requiring extrinsic evidence to interpret a provision of a form contract does not render class certification improper, and that absent a more thorough explanation of its reasoning from the trial court, it could not uphold the trial court’s ruling decertifying the class.

As a result, explains Jeffrey Karek in the Maurice Wutscher’s Consumer Financial Services Blog, the Seventh Circuit vacated the decision of the trial court and remanded for further proceedings.

His article gives the facts in Red Barn Motors, Inc. v. NextGear Capital, Inc. and traces the litigation through the courts.

Read the article.

The Supreme Court of Texas is considering whether to grant a petition for review to establish whether an indemnity provision covers only third-party claims, not first-party claims, unless the provision unequiv­oc­al­ly states otherwise, writes D.C. Toedt III in the On Contracts blog.

He describes the case of Claybar v. Samson Exploration LLC, in which a property owner sued Samson for alleged damage to the property during oil and gas drilling. Claybar settled with Samson’s contractor but still claimed Samson was con­tract­ually required to indemnify Claybar for the attorney’s fees and costs that Claybar had incurred in pursuing his negligence claim.

Read the article.

Bonduelle Fresh Americas, formerly Ready Pac Foods, a wholly-owned subsidiary of Bonduelle, announced the appointment of Monica Johnson, general counsel, to its Executive Committee, the business unit’s senior leadership team.

Johnson joined the company in October 2018 and was appointed to the senior leadership team in January. She is responsible for providing professional legal advice and representation for all legal, regulatory and government matters affecting the business. As part of her role, she also provides legal advice and support to Bonduelle Americas Long Life, the company’s North American canned and frozen business unit based in Canada, the company said in a release.

“Monica’s deep legal experience with a variety of industries, as well as her government affairs background, bring great diversity to the Bonduelle Fresh Americas leadership team,” said Bonduelle Fresh Americas CEO Mary Thompson. “The general counsel role is an important one for Bonduelle Fresh Americas and she has made a positive impact on many areas of the business in her short tenure here.”

The company said Johnson brings more than 15 years of legal experience to Bonduelle in a broad range of industries, including foodservice, technology, manufacturing and supply chain/logistics. Prior to joining Bonduelle, she was assistant general counsel and assistant corporate secretary at Ventura Foods, LLC, a privately held manufacturer and distributor of branded and private-label food products, including dressings, oils, sauces, dips, shortening, margarine, butter blends, mayonnaises, and flavor bases. Before Ventura Foods, Johnson was senior counsel at Western Digital, served as corporatecounsel of BAX Global and was an associate at the law firm Theodora Oringher and Yoka & Smith.

Johnson has government affairs experience as well, having served in the administrations of three California governors. Most recently she served for eight years on the California Board of Optometry as an appointee of Governor Arnold Schwarzenegger, as vice chair partnering with board members to protect the public and regulate the profession of optometry.

San Antonio-based law firm Langley & Banack, Inc. announced that Charla D. Davies, Richard A. McNitzky, and Dane H. Patrick have been promoted to shareholders. The law firm has 66 lawyers practicing in 18 specialties in six central and south Texas office locations.

Charla D. Davies is a board-certified Family Law attorney and current President of the Family Law Section of the San Antonio Bar Association. Davies’ emphasis is litigation of high-conflict family law matters including divorce, child custody, child support, and enforcement of court orders. In addition to her trial practice, she practices Collaborative Family Law and is a member of both the Collaborative Law Institute of Texas and the Collaborative Professionals Association of San Antonio. Davies received her Bachelor of Arts from The University of Texas at San Antonio and her Juris Doctorate from St. Mary’s University School of Law.

Richard A. McNitzky represents hospitals, facilities, and individual health care professionals in complex medical, personal injury, and business disputes. The underscore of his practice is litigation and trial of cases on behalf of health care providers. McNitzky has represented clients in almost every county in South Texas and achieved verdicts favorable to his clients. McNitzky received his Bachelor of Arts from The University of Texas at Austin and his Juris Doctorate from Texas Tech University School of Law.

Dane H. Patrick focuses on complex commercial litigation and is board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. He represents businesses, trustees, individuals and families and litigates in matters involving business, trust and estate, construction, and personal injury disputes. He is rated AV-Preeminent (highest rating for legal ability and professional ethics) by his peers in Martindale-Hubbell, and author of the law blog, The Texas Commercial Litigator. Patrick received his Bachelor of Arts from The University of Texas at Austin and his Juris Doctorate from Southern Methodist University School of Law.

Quarles & Brady LLP announced that Robert Smith has joined the firm’s Business Law Group as a partner in its Washington, D.C. office.

Smith represents U.S. franchisors expanding into international markets, which often involves new master franchise, development and area representative agreements, joint ventures, franchise terminations, ownership changes and regulatory compliance. He also provides franchise counsel to clients involved in complex financial transactions, including whole business securitizations and public and private offerings.

“Bob has earned acclaim as one of the nation’s leading franchise attorneys,” said Nikia Gray, Washington, D.C. Office Managing Partner. “He’s among the best at handling large scale, international franchise projects and working with business executives and legal teams on establishing and growing systems and managing franchises and franchisee relationships.”

The firm said Smith’s arrival follows on the heels of David Wiese, another D.C.-based partner in the Business Law Group who focuses on franchise law. Prior to Quarles & Brady, Smith was a partner at Wiley Rein LLP, where he served as chair of the franchise group. Earlier in his career, Smith worked as in-house counsel for Marriott International and represented the Roy Rogers and Bob’s Big Boy Divisions.

Smith is a member of the American Bar Association’s Forum on Franchising and has held several leadership positions at the International Franchise Association. He received his J.D. and B.A. from the Catholic University of America.